House Bill 1925e1

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                                          HB 1925, First Engrossed



  1                      A bill to be entitled

  2         An act relating to the Oklawaha Basin

  3         Recreation and Water Conservation and Control

  4         Authority, Lake County; amending ch. 29222,

  5         Laws of Florida, 1953, as amended; changing the

  6         name of the authority to the Lake County Water

  7         Authority; increasing the number of members of

  8         the board of trustees; requiring that members

  9         be elected in nonpartisan elections conducted

10         by the county supervisor of elections in

11         accordance with the Florida Election Code;

12         providing residence requirements; limiting the

13         number of terms a member may serve; providing

14         for transition; prohibiting any board member

15         from serving as executive director of the

16         authority; changing the number of board members

17         required to constitute a quorum, to conform;

18         conforming property assessment procedures to

19         general law; providing for certification of

20         millage to the county tax collector; providing

21         a cap on millage; prescribing additional

22         purposes of the Authority; authorizing the

23         board to delegate duties to the Executive

24         Director under certain conditions; authorizing

25         the Authority to issue revenue bonds; providing

26         for a referendum; requiring the Authority to

27         prepare a plan and annual reports; repealing

28         obsolete provisions; providing for future

29         review of the authority; providing

30         severability; providing effective dates.

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                                          HB 1925, First Engrossed



  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Chapter 29222, Laws of Florida, 1953, as

  4  amended by chapters 57-1484, 59-1466, 63-1507, 65-1787, and

  5  69-1209, Laws of Florida, is amended to read:

  6         Section 1.  The Legislature finds:

  7         (a)  That Lake County has within its boundaries large

  8  acreage of highly developed agricultural land, including

  9  thousands of acres of citrus groves and fruit and vegetable

10  producing land.

11         (b)  That the problem of an adequate supply of fresh

12  water for this developed land and for the remaining thousands

13  of acres of undeveloped land in the county, as well as an

14  adequate supply of safe and healthful fresh water for human

15  and animal consumption, is of grave concern to the county and

16  its citizens and taxpayers.

17         (c)  That there are many streams, lakes, and canals in

18  the county, including two chains of lakes, each having a large

19  water storage capacity.

20         (d)  That the proper control by drainage, irrigation,

21  and storage of the fresh water in these streams, lakes, and

22  canals is necessary to the material development in the county

23  in which all of its citizens and taxpayers will be the

24  beneficiaries.

25         (e)  That the most important source of income of the

26  people of Florida is the tourist business, and in Lake County

27  the tourist business is second in importance only to

28  agriculture. Sport fishing and recreational boating are major

29  factors in attracting tourists to Lake County and the orderly

30  development and control of the streams, lakes, and canals in

31  Lake County will materially increase the tourist business in


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                                          HB 1925, First Engrossed



  1  the county and will likewise afford recreational facilities

  2  and opportunities to the citizens and taxpayers of the county

  3  and will preserve, protect, and improve the fish and wildlife

  4  of the county, all to the end of materially benefiting the

  5  citizens and taxpayers of the county.

  6         Section 2.  That For the purposes of (1) controlling

  7  and conserving the freshwater fresh water resources of Lake

  8  County; (2) fostering and improving the tourist business in

  9  the county by improvements to the streams, lakes, and canals

10  in the county; (3) providing recreational facilities for the

11  tourists and citizens and taxpayers of the county by a more

12  efficient use of the streams, lakes, and canals in the county;

13  and (4) preserving, protecting, and improving the fish and

14  wildlife of the county; and protecting the freshwater

15  resources of Lake County through assisting local governments

16  in treatment of stormwater runoff, there is hereby created and

17  incorporated a special taxing district extending territorially

18  throughout the present limits of Lake County, Florida. The

19  district shall be known and designated as "The Lake County

20  Water Authority Oklawaha Basin Recreation and Water

21  Conservation and Control Authority in Lake County," but shall

22  hereafter in this act, for convenience, be referred to as "the

23  Authority."

24         Section 3.  That Each of the purposes for which the

25  Authority is created, as set out in section 2 of this act, is

26  hereby declared to be a county purpose, for the accomplishment

27  of which taxes upon all real and personal property within the

28  territorial limits of the Authority are by this act authorized

29  to be levied, assessed, and collected.

30         Section 4.  That A governing body for the Authority is

31  hereby created, consisting of seven three members who are


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                                          HB 1925, First Engrossed



  1  residents of Lake County, Florida, which body shall be known

  2  and designated as the "Board of Trustees of the Lake County

  3  Water Authority Oklawaha Basin recreation and water

  4  conservation and control authority in Lake county," but which

  5  shall hereinafter, be referred to as "the board." Five of the

  6  members must each reside in a geographic area identical to a

  7  county commission district, to be elected by the electors of

  8  the county at large. Two of the members will be elected by the

  9  electors of the county at large without regard to their

10  residence. On the second Tuesday following the general

11  election in 2000, the term of office of each person serving on

12  the board immediately before that date expires, and the

13  members of the board shall be elected by the electors of Lake

14  County in nonpartisan elections conducted by the supervisor of

15  elections pursuant to section 189.405, Florida Statutes, in

16  accordance with the Florida Election Code, chapters 97 through

17  106, Florida Statutes, beginning with the general election in

18  2000, for terms of 4 years beginning on the second Tuesday

19  following the general election. For purposes of staggering

20  terms, the members elected in 2000 from odd-numbered areas and

21  the at-large member receiving the higher number of votes shall

22  be elected to 4-year terms and the members elected from

23  even-numbered areas and the at-large member receiving the

24  lower number of votes shall be elected to 2-year terms.

25  Thereafter, each member shall be elected for a term of 4

26  years, except that a person may not be elected to more than

27  two consecutive 4-year terms. At the first meeting in December

28  of each year appointed by the governor and confirmed by the

29  senate of the state of Florida, and shall hold office for four

30  years; provided, that in appointing the members of the first

31  board, the governor shall appoint the members for the


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                                          HB 1925, First Engrossed



  1  following terms, to-wit: one member for a two-year term, one

  2  member for a three-year term, and one member for a four-year

  3  term, and thereafter each member shall be appointed for a

  4  four-year term. Immediately upon their appointment and in

  5  January of each succeeding year the members of the board shall

  6  meet and select one of their number as Chair Chairman and one

  7  as Vice Chair Chairman of the board. The Clerk of the Circuit

  8  Court of Lake County, Florida shall act as Secretary and

  9  Treasurer of the board without any additional compensation. In

10  the event the provision pertaining to the duties of the Clerk

11  of the Circuit Court is for any reason held to be invalid, the

12  board may select one of its members to serve as its Secretary

13  and Treasurer, or it may appoint a nonmember non-member of the

14  board as its Secretary and Treasurer, and such nonmember

15  member of non-member shall receive compensation commensurate

16  with the duties and responsibilities as determined by the

17  board. The board shall may select one of its members or a

18  nonmember non-member to serve as Executive a Director of the

19  Authority, and such nonmember member or non-member shall

20  receive compensation commensurate with the responsibilities as

21  determined by the board. In the event of the appointment of a

22  member of the board as director, he shall not be entitled to

23  receive pay "per diem" as compensation for his services except

24  as provided in section 8 of this act. The board shall require

25  a surety bond of any person, including the Clerk of the

26  Circuit Court, who shall act as Secretary and Treasurer of the

27  board, in an amount to be fixed by the board, which bond in

28  the case of the appointment of the Clerk of the Circuit Court

29  or a member of the board shall be in addition to the bond

30  furnished by such person him as Clerk of the Circuit Court or

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                                          HB 1925, First Engrossed



  1  as a member of the board, and the premium thereon shall be

  2  paid by the board as a necessary expense of operation.

  3         Section 5.  That Each member of the board, before

  4  assuming his or her duties, shall give a good and sufficient

  5  surety bond in the sum of twenty-five hundred dollars

  6  ($2,500.00), payable to the Governor of the State of Florida

  7  and his or her successors in office, conditioned upon the

  8  faithful performance of his duties as a member of the board.

  9  Such bond shall be approved by and filed with the Comptroller

10  of the State of Florida, and the premium or premiums thereon

11  shall be paid by the board as a necessary expense of said

12  Authority.

13         Section 6.  Four That two members of the board shall

14  constitute a quorum for the transaction of business, and a

15  majority vote of all members present shall be necessary in

16  order to authorize any action by the board. The Chair Chairman

17  shall be entitled to vote on all questions.

18         Section 7.  Each member of the board shall receive

19  twenty-five dollars ($25.00) per day as compensation for his

20  or her service when performing his or her duties.

21         Section 8.  That Each member of the board, its

22  engineers, auditors, attorneys, agents, and employees, shall

23  be paid their actual expenses incurred when engaged on

24  business of the Authority, but such expenses shall not be paid

25  unless payment has been authorized and approved by the Board.

26  The board may authorize and approve the payment of any

27  expense; or it may delegate to the Executive Director the

28  power to authorize such payment as long as, at the time it

29  makes the delegation, it approves parameters, including, but

30  not limited to, parameters on the amount that may be expended,

31  within which the Executive Director may exercise that power. A


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                                          HB 1925, First Engrossed



  1  separate delegation must be made with respect to any

  2  expenditure or class of expenditures.

  3         Section 9.(a).  That The board shall have all the

  4  powers of a body corporate, including the power to sue and be

  5  sued; to make contracts; to adopt and use a common seal and to

  6  alter the same as may be deemed expedient; to buy, acquire by

  7  condemnation or eminent domain in the manner prescribed for

  8  use by counties in Florida, sell, own, use, control, operate,

  9  improve, and lease all land and personal property as the board

10  may deem necessary or proper in carrying out the provisions of

11  this act; to appoint and employ, and dismiss at pleasure such

12  engineers, auditors, attorneys, and other employees and agents

13  as the board may require, and to fix and pay the compensation

14  thereof; to establish an office for the transaction of its

15  business in the City of Tavares, Lake County, Florida or any

16  other municipality in Lake County; to pay all necessary costs

17  and expenses incident to the administration and operation

18  thereof, and to pay all other costs and expenses reasonably

19  necessary or expedient in carrying out and accomplishing the

20  purposes of this act.

21         Section 9(b).  Each year a budget shall be prepared by

22  the Authority Oklawaha basin recreation and water conservation

23  and control authority in Lake County, and a millage, not to

24  exceed 0.5 mills sufficient to meet the budget within the

25  provisions of law shall be certified to the board of county

26  commissioners of Lake County Tax Collector for assessment.

27         Section 9(c).  The board shall have the authority to

28  grant licenses or permits for the construction and excavation

29  of canals and ditches connecting with navigable waters; to

30  establish, promulgate, and administer rules and regulations

31  governing the construction and excavation of canals and


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                                          HB 1925, First Engrossed



  1  ditches with authority to prohibit any construction deemed by

  2  the board to be detrimental to the best interests of the

  3  public or purposes for which the authority was established; to

  4  do any and all other acts and things hereinafter authorized or

  5  required to be done; and to do any and all things, whether or

  6  not included in the enumerated powers of this act, necessary

  7  to accomplish the purposes of this act.

  8         Section 9(d).  The Authority shall control all streams,

  9  including slow moving streams, flowing from any of the water

10  reservoirs in Lake County, whether natural or constructed,

11  into the system of lakes and streams in or adjacent to Lake

12  County for the protection of the natural water reservoirs and

13  the adjacent and neighboring areas.

14         Section 10.  That The Authority is hereby authorized

15  and empowered to acquire by purchase, gift, lease,

16  condemnation, or eminent domain, or any other manner, such

17  lands within the territorial extent of the Authority as may be

18  reasonably necessary, for constructing and maintaining the

19  works and making the improvements required to carry out the

20  intent of this Act, including without limitation limiting the

21  meaning of the foregoing general terms, the right to acquire

22  by condemnation or eminent domain such lands and any interest

23  therein, reasonably necessary for any such purpose which that

24  may already be devoted to public use for county, municipal,

25  district, railroad, or public utility purposes where and to

26  the extent that the same may cross, intersect, or be situate

27  upon or within the area of such land hereinbefore referred to,

28  and the Authority shall also have the right to acquire by

29  purchase, gift, lease, condemnation, or eminent domain, or in

30  any other manner, land, timber, earth, rock, and other

31  materials or property, and property rights, including riparian


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                                          HB 1925, First Engrossed



  1  rights, in such amounts as may be reasonably necessary or

  2  useful in the development of the works or improvements before

  3  referred to. Condemnation or eminent domain proceedings shall

  4  be maintained by and in the name of the Authority, and the

  5  procedure shall be, except insofar as is altered hereby, that

  6  prescribed for use by counties in Florida.

  7         Section 11.  That The Authority shall have the right to

  8  take, exclusively occupy, use, and possess, insofar as may be

  9  necessary for carrying out the provisions of this Act, any

10  areas of land owned by the state of Florida and within the

11  territorial extent of the Authority, not in use for state

12  purposes, including, without limitation limiting the foregoing

13  general terms, swamps and overflowed lands, bottoms of

14  streams, lakes, and rivers, and the riparian rights thereto

15  pertaining, and, when so taken and occupied, due notice of

16  such taking and occupancy having been filed with the Trustees

17  of the Internal Improvement Fund of the State of Florida by

18  the Authority, such areas of land are hereby granted to and

19  shall be the property of the Authority. For the purposes of

20  this section, the meaning of the term "use" shall include the

21  removal of material from and the placing of material on any

22  such land. In case it is shall be held by any court of

23  competent jurisdiction that there are any lands owned by the

24  state that of Florida which may not be so granted, then the

25  provisions of this section shall continue in full force and

26  effect as to all other lands owned by the state of Florida and

27  granted to the Authority under this section hereunder. The

28  provisions of this Section are subject to all laws and

29  regulations of the United States of America with respect to

30  navigable waters.

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                                          HB 1925, First Engrossed



  1         Section 12.  That In addition to all other power

  2  conferred upon by the board by this act, the board may shall

  3  have the power to and is hereby authorized in its discretion

  4  to enlarge, change, modify, or improve any stream, lake, or

  5  canal within the territorial limits of the Authority and to

  6  clean out, straighten, enlarge, or change the course of any

  7  waterway, or canal, natural or artificial, within the

  8  territorial limits of the Authority; to provide such canals,

  9  locks, levees, dikes, dams, sluiceways, reservoirs, holding

10  basins, floodways, pumping stations, buildings, bridges,

11  highways, and other works and facilities that which the board

12  deems may deem necessary; to cross any highway or railway with

13  works of said district and to hold, control, and acquire by

14  donation, lease, or purchase, or otherwise any land or

15  personal property needed for carrying out the purpose of this

16  act and may remove any building or other obstruction necessary

17  for the construction, maintenance, and operation of such said

18  works. The improvements made or to be made under this act are

19  sometimes referred to in this act as "the works" of the board

20  of Authority. The board shall also have power to operate any

21  and all works and improvements of the Authority. The

22  provisions of this section are subject to all laws and

23  regulations of the United States of America with respect to

24  navigable waters.

25         Section 13.  That The board shall have authority to

26  take possession of and control and use and operate and

27  maintain all streams, lakes and canals, dams, locks, levees,

28  dikes, sluiceways, reservoirs, holding basins, floodways,

29  pumping stations, buildings, bridges, highways, navigation,

30  and conservation works and other works and facilities, within

31  the territorial limits of the Authority to the extent only


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                                          HB 1925, First Engrossed



  1  that such possession, control, and use shall be deemed by the

  2  Board, in its sole discretion, to be useful and necessary in

  3  carrying out the purposes of this Act; provided that such

  4  possession, control, and use shall be subject to the rights of

  5  persons, firms, and corporations, and the rights of Lake

  6  County, Florida and municipalities, districts, and political

  7  bodies in Lake County, Florida (which rights may be acquired

  8  by the Authority by condemnation or eminent domain as provided

  9  for by this act).

10         Section 14.  That Lake County, Florida and all

11  municipalities, districts, political bodies, and political

12  subdivisions of the state of Florida, in Lake County, Florida

13  are hereby severally authorized to grant, convey, transfer to,

14  and permit the use of by the Authority upon such terms and

15  conditions as are agreeable to the governing bodies thereof of

16  real and personal property belonging to them or either of

17  them, that may be necessary or useful to the Authority in

18  carrying out the purposes of this act.

19         Section 15.  That The board shall have power to enter

20  into any agreement or contract with the Federal Government or

21  the state of Florida, or any agency, political subdivision, or

22  instrumentality of either, and counties adjoining Lake County,

23  Florida, and municipalities and taxing districts in Lake

24  County and in counties adjoining Lake County, Florida, for the

25  purpose of carrying out, or which in the judgment of the board

26  may assist it in carrying out, the purposes of this act.

27         Section 16.  That All Authority funds shall be

28  deposited in a bank or banks or federal or state savings and

29  loan association to be designated by the board, but before any

30  Authority moneys are deposited in such depositary or

31  depositaries, security, shall be furnished the Authority ample


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                                          HB 1925, First Engrossed



  1  to protect such deposits to the full extent and amount that

  2  such deposits shall not be otherwise protected or insured by

  3  Federal Deposit Insurance Corporation, or Federal Savings and

  4  Loan Insurance Corporation. Funds of the Authority shall be

  5  paid out only upon warrant signed by the Treasurer of the

  6  Authority and countersigned by the Chair Chairman or Vice

  7  Chair Chairman. No warrants shall be drawn or issued

  8  disbursing any of the funds of the Authority except for a

  9  purpose authorized by this act, and only when the account or

10  expenditure for which the same is to be given in payment has

11  been audited and approved by the board.

12         Section 17.  The board shall have and is hereby granted

13  the power to determine, annually on or before July 15, by

14  resolution the amount of money that will be required to carry

15  out the purposes of this act for the next ensuing fiscal year

16  (which fiscal year shall be the same as that of Lake County)

17  and the millage not exceeding, during the next five (5) years

18  after this act takes effect, one and one-half (1 1/2) mills on

19  the dollar of the taxable real and personal property within

20  the authority, and after said five (5) year period has elapsed

21  the millage shall not exceed one (1) mill on the dollar on

22  such property, that will be required to be levied to produce

23  the said amount of money set forth in the resolution; provided

24  that the determination of the amount of money to be raised and

25  the millage to be levied may be delayed until the board

26  receives from the county tax assessor and the comptroller the

27  necessary information they are required to furnish the board

28  as set out in this section of this act; immediately upon the

29  adoption of the resolution a certified copy thereof shall be

30  furnished to the board of county commissioners of Lake County,

31  and the board of county commissioners of Lake County, shall,


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                                          HB 1925, First Engrossed



  1  for the year named in the certified copy of the resolution,

  2  levy, assess, collect, and enforce taxes upon all taxable real

  3  and personal property within the authority; provided that in

  4  no event shall the board of county commissioners levy for the

  5  authority, taxes in any one (1) year in excess of one (1) mill

  6  on the dollar of all taxable real and personal property within

  7  the authority. The procedure to be followed to accomplish the

  8  purpose of this section shall be as hereinafter set out,

  9  to-wit:

10         (a)  Assessment of property shall be as provided by

11  general law. The County Tax Assessor of Lake County, Florida,

12  each year beginning with the year 1953, immediately after the

13  tax assessment roll of said county has been reviewed and

14  equalized by the Board of County Commissioners of said county,

15  shall report to the board the assessed valuation of all

16  taxable real and personal property in the county, and the

17  Comptroller of the State of Florida shall, annually, beginning

18  with the year 1953, report to board, at the time he is

19  required by law to report to the county Tax Assessors, the

20  assessed valuation of all railroad lines, railroad property,

21  telephone and telegraph lines, and telephone and telegraph

22  property and all other taxable property within said Authority

23  over which he has jurisdiction for valuation or assessment

24  purposes. The sum of all assessments so reported by the County

25  Tax Assessor of Lake County, Florida and the Comptroller of

26  the State of Florida, shall be the assessed value of taxable

27  property of said Authority for that year for the purposes of

28  Authority taxes and taxation under the provisions of this act.

29         (b)  The board shall immediately, thereupon, by

30  resolution, determine the total amount to be raised by

31  taxation in such year upon the taxable property within the


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                                          HB 1925, First Engrossed



  1  Authority, and shall, in and by such said resolution, fix and

  2  determine the millage on each dollar valuation of property on

  3  the said assessment rolls, which, when levied, will raise the

  4  said amount so determined as aforesaid as the total amount to

  5  be raised by taxation in that year, and in and by such said

  6  resolution the board shall direct the board of county

  7  commissioners to levy, assess, and fix such said millage as

  8  the rate of taxation upon all the taxable real and personal

  9  property within the Authority; provided that the Authority

10  shall not direct the County Commissioners of Lake County,

11  Florida to levy and assess any tax for any one year in excess

12  of one mill on the dollar upon all taxable real and personal

13  property within the Authority and the Board of County

14  Commissioners shall not within any one year levy and assess

15  for the Authority more than one mill on the dollar upon the

16  taxable real and personal property within the Authority.

17         (c)  A certified copy of such tax resolution executed

18  in the name of the Authority by its Chairman, or Vice

19  Chairman, and attested by its Secretary, under its corporate

20  seal, shall immediately be delivered to the Board of County

21  Commissioners of Lake County, Florida.

22         (d)  It shall be the duty of the said board of county

23  commissioners, each year: (1) to levy, assess, and fix the

24  millage and the rate of taxation upon all the taxable real and

25  personal property within the Authority as set forth in the

26  certified copy of the resolution of the said board, and (2) to

27  certify the said millage to the Department of Revenue

28  Comptroller of the State of Florida, and (3) to order the

29  property appraiser Assessor of the said county to levy and

30  assess, and the county tax collector to collect, a tax at the

31  millage fixed by the said board of county commissioners upon


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                                          HB 1925, First Engrossed



  1  all of the taxable real and personal property within the said

  2  Authority for the said year, and the said levies and

  3  assessments shall be included in the tax roll and warrant of

  4  the property appraiser Tax Assessor of the said county for

  5  each fiscal year thereafter. The tax collector of the said

  6  county shall collect such taxes so levied by the board of

  7  county commissioners for the said Authority in lawful money of

  8  the United States of America in the same manner and at the

  9  same time as county taxes are collected, and shall pay and

10  remit the same upon collection to the board.

11         (e)  It shall be the duty of the Comptroller of the

12  State of Florida each year, to assess and levy upon all

13  railroad lines and railroad property, telephone and telegraph

14  lines and telephone and telegraph property, and all other

15  taxable property within his jurisdiction and located within

16  the Authority, a tax at the rate prescribed by the Board of

17  County Commissioners of Lake County, Florida, and certified to

18  him by the Board of County Commissioners of Lake County,

19  Florida, and to collect in lawful money of the United States

20  of America the tax thereupon in the same manner and at the

21  same time as he is required by law to assess and collect such

22  taxes for county purposes, and to remit the same when

23  collected to the board.

24         (e)(f)  The Property Appraiser Tax Assessor, Tax

25  Collector, and Board of County Commissioners of Lake County,

26  Florida, and the Department of Revenue Comptroller shall, when

27  requested by the board, prepare from their official records

28  and deliver to the board any and all information that may be

29  requested from time to time from them regarding the tax

30  valuations, levies, assessments, or collections in such

31  county.


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                                          HB 1925, First Engrossed



  1         Section 18.  That All taxes levied and assessed by the

  2  Board of County Commissioners of Lake County, Florida for the

  3  Authority (beginning with the year 1953) shall be collected

  4  and the enforcement thereof shall be at the same time and in

  5  the same manner as other county taxes are collected and

  6  enforced and when so collected shall be paid over to the board

  7  for its use pursuant to this act.

  8         Section 19.(a)  That The board is hereby authorized to

  9  borrow money at such time or times as it may deem necessary to

10  carry out the purposes of this act and to execute and deliver

11  its promissory note or notes therefor bearing interest as

12  fixed by the board; however, provided that the board shall not

13  borrow any sum of money or nor give its promissory note

14  therefor, for a period of time longer than 1 one year, and the

15  total amount of money borrowed and outstanding shall not

16  exceed thirty-five thousand and no/100 dollars ($35,000.00) at

17  any one time.

18         (b)  The board may issue bonds payable solely from

19  revenues of the Authority. The value of all such bonds

20  outstanding at any time may not exceed an amount equal to

21  one-third of the Authority's anticipated revenues for the

22  period for which the bonds are outstanding. Revenue bonds may

23  not be issued unless their issuance has been approved by a

24  majority of those electors of the Authority voting in a

25  referendum in which the ballot statement describes in detail

26  the purpose for which the bonds will be issued.

27         Section 20.  That At least once in each year the board

28  shall publish in some newspaper published in Lake County,

29  Florida, a complete detailed statement of its financial

30  condition, including a list of all moneys received and

31  disbursed by the board during the preceding year.


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                                          HB 1925, First Engrossed



  1         Section 21.  That All real and personal property owned,

  2  leased, controlled, or used by the Authority shall be exempt

  3  from all county, municipal, taxing district, and other ad

  4  valorem taxes and special assessments for benefits.

  5         Section 22.  That It is the intention of the

  6  Legislature that the provisions of this act shall be liberally

  7  construed to accomplish its the purposes provided for herein.

  8         Section 22A.(a)  The Authority shall prepare a plan

  9  that describes the Authority's goals for the ensuing 5 years.

10  The plan must include projects that will be undertaken within

11  that period in furtherance of its goals. The Authority shall

12  update the plan periodically.

13         (b)  The Authority shall prepare a report annually

14  which includes an evaluation and assessment of the

15  effectiveness of the Authority's activities in the preceding

16  year. The report must address both ongoing activities of the

17  Authority and the progress in meeting goals and projects

18  enumerated in the 5-year plan.

19         Section 23.  That if any Section, subsection,

20  paragraph, subparagraph, sentence, clause, phrase or word of

21  this Act is for any reason held to be unconstitutional or

22  invalid, such holding shall not affect the validity of the

23  remaining portions of the Act, the Legislature hereby

24  declaring that it would have passed this Act, and each and

25  every Section, subsection, paragraph, subparagraph, sentence,

26  clause, phrase and word thereof, irrespective of the fact that

27  any one or more other Sections, subsections, paragraphs,

28  subparagraphs, sentences, clauses, phrases or words thereof

29  may be declared to be unconstitutional or otherwise

30  ineffective.

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                                          HB 1925, First Engrossed



  1         Section 24.  That notice for the passage of this Act

  2  has been published as required by Section 21 of Article III of

  3  the Constitution, and affidavit of proof of such publication,

  4  together with a true copy of the notice, was duly attached to

  5  this Act when the bill therefor was introduced in the

  6  Legislature, and accompanied said bill throughout the

  7  Legislature, as required by law.

  8         Section 25.  That all laws and parts of laws, and

  9  specifically Chapter 10814, Laws of Florida, Acts of 1925, be

10  and they are hereby repealed.

11         Section 2.  The date on which the additional seats on

12  the Board of Trustees of the Lake County Water Authority are

13  created is the second Tuesday following the general election

14  in 2000, and those seats will be filled initially on that date

15  by persons elected at the general election in 2000 in the

16  manner described in section 4, chapter 29222, Laws of Florida,

17  1953, as amended by this act.

18         Section 3.  The Legislature shall review chapter 29222,

19  Laws of Florida, as amended, prior to September 20, 2010, to

20  evaluate the continuing mission, responsibility, and

21  effectiveness of the Lake County Water Authority.

22         Section 4.  If any provision of this act or the

23  application thereof to any person or circumstance is held

24  invalid, the invalidity shall not affect other provisions or

25  applications of the act which can be given effect without the

26  invalid provision or application, and to this end the

27  provisions of this act are declared severable.

28         Section 5.  Except as otherwise expressly provided in

29  this act, this act shall take effect upon becoming a law.

30

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