Senate Bill 2646
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Florida Senate - 2000 (NP) SB 2646
By Senator Rossin
35-721-00
1 A bill to be entitled
2 An act relating to Palm Beach County; providing
3 for codification of special laws relating to
4 the Pahokee Water Control District, a special
5 tax district of the State of Florida composed
6 of the County of Palm Beach; providing
7 legislative intent and codifying and reenacting
8 chapter 10002, Laws of Florida, 1923, chapter
9 13715, Laws of Florida, 1929, chapter 14779,
10 Laws of Florida, 1931, chapter 18042, Laws of
11 Florida, 1937, chapter 19607, Laws of Florida,
12 1939, chapter 20652, Laws of Florida, 1941,
13 chapter 22877, Laws of Florida, 1945, chapter
14 23622, Laws of Florida, 1947, chapter 28440,
15 Laws of Florida, 1953, chapter 30151, Laws of
16 Florida, 1955, chapter 57-433, Laws of Florida,
17 chapter 63-877, Laws of Florida, chapter
18 71-817, Laws of Florida, chapter 77-618, Laws
19 of Florida, chapter 80-563, Laws of Florida,
20 chapter 82-354, Laws of Florida, and chapter
21 97-335, Laws of Florida; providing for repeal
22 of all prior inconsistent special acts related
23 to the Pahokee Water Control District;
24 providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Pursuant to chapter 97-255, Laws of
29 Florida, and chapter 98-320, Laws of Florida, this act
30 constitutes the codification of all special acts relating to
31 the Pahokee Water Control District, which is an independent
1
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1 special district and political subdivision of the State of
2 Florida. It is the intent of the Legislature in enacting this
3 law to provide a single, comprehensive special-act charter for
4 the district, including all current legislative authority
5 granted to the district by its several legislative enactments
6 and any additional authority granted by this act. It is
7 further the intent of this act to preserve the district's
8 authority, including the authority to annually assess and levy
9 against the taxable property in the district.
10 Section 2. Chapter 10002, Laws of Florida, 1923;
11 chapter 13715, Laws of Florida, 1929; chapter 14779, Laws of
12 Florida, 1931; chapter 18042, Laws of Florida, 1937; chapter
13 19607, Laws of Florida, 1939; chapter 20652, Laws of Florida,
14 1941; chapter 22877, Laws of Florida, 1945; chapter 23622,
15 Laws of Florida, 1947; chapter 28440, Laws of Florida, 1953;
16 chapter 30151, Laws of Florida, 1955; chapter 57-433, Laws of
17 Florida; chapter 63-877, Laws of Florida; chapter 71-817, Laws
18 of Florida; chapter 77-618, Laws of Florida; chapter 80-563,
19 Laws of Florida; chapter 82-354, Laws of Florida; and chapter
20 97-335, Laws of Florida, relating to the Pahokee Water Control
21 District of Florida, are codified, reenacted, amended, and
22 repealed as provided in this act.
23 Section 3. The charter of the Pahokee Water Control
24 District is reenacted to read:
25 Section 1. The creation and organization of the
26 Pahokee Water Control District created and organized by the
27 Circuit Court of Palm Beach County under the provisions of
28 former Article I, Chapter III, Title VII, first Division of
29 the Revised General Statutes of Florida, are ratified,
30 validated, and confirmed.
31
2
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1 Section 2. (1) The Pahokee Water Control District
2 created and organized and by this act, ratified, validated,
3 and confirmed shall embrace and include all the lands within
4 the following boundaries:
5 Beginning at a point on the East Beach of Lake
6 Okeechobee in Palm Beach County, Florida, where
7 the section line dividing Sections 4 and 9,
8 Township 42, Range 37, intersects Lake
9 Okeechobee; thence in a southwesterly direction
10 along the Lake Shore to where the section line
11 dividing Sections 24 and 25, Township 42, Range
12 36, intersects Lake Okeechobee; thence due East
13 along that section line to where it intersects
14 the East shore of Pelican Bay; thence southerly
15 along the shore line to the Township line
16 dividing Township 42 and Township 43; thence
17 due East along that Township line to the Palm
18 Beach Canal; thence following the West bank of
19 the Palm Beach Canal in a northwesterly
20 direction to the Northeast corner of Section
21 19, Township 42, Range 38; thence South to the
22 Southeast corner of Section 19; thence west to
23 the Range line dividing Ranges 37 and 38;
24 thence North along that Range line to the Palm
25 Beach Canal; thence along the Palm Beach Canal
26 to the section line dividing Sections 12 and
27 13, Township 42, Range 37; thence West along
28 that section line to the Southwest corner of
29 Section 10, Township 42, Range 37; thence North
30 to the Northwest corner of Section 10; thence
31 West to the point of beginning; being Sections
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1 13 and 24, Township 42, Range 37; Sections 8,
2 9, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23,
3 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35,
4 and 36, in Township 42, Range 37; that part of
5 Sections 20, 28, and 34, Township 42, Range 38,
6 lying South and West of the West Palm Beach
7 Canal; and all of Sections 29, 30, 31, 32, and
8 33, Township 32, Range 38.
9 (2) The district excludes the following described real
10 estate situated in the west unit of the Pahokee Water Control
11 District, more specifically described as follows:
12 Fractional Section 31, 272 Acres, Township 42
13 South, Range 37 East, also described as Lot 4
14 and North One-half of Northeast One-quarter,
15 containing 95 acres, and Lots 1, 2, 3, 5, and
16 6, and Southeast One-quarter of Northeast
17 One-quarter, containing 177 acres.
18 (3) The territorial limits of Pahokee Water Control
19 District shall also include those parcels of land consisting
20 of 892.65 acres, described as follows:
21 Section 19 and that part of Section 18 lying
22 South of the West Palm Beach Canal, Township 42
23 South, Range 38 East, more particularly
24 described as follows:
25 Beginning at a point where the south
26 right-of-way line of Conner's Highway
27 (designated as State Road No. 716) intersects
28 the west line of Section 18, Township 42 South,
29 Range 38 East; thence south along the west line
30 of Sections 18 and 19 to the southwest corner
31 of Section 19; thence east along the south line
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1 of Section 19 to the southeast corner of that
2 section; thence north along the east line of
3 Sections 19 and 18 to a point where the east
4 line of Section 18 intersects the south
5 right-of-way line of Conner's Highway; thence
6 in a northwesterly direction along the south
7 right-of-way line of Conner's Highway to a
8 point where that right-of-way line intersects
9 the west line of Section 18, the same being the
10 point of beginning.
11 (4) The above-described parcels of land are removed
12 from within the boundary lines of Pelican Lake Water Control
13 District, a corporation under the drainage laws of the State
14 of Florida, existing in Palm Beach County.
15 (5) The Pahokee Water Control District is to consist
16 of two units, which units shall comprise all of the lands
17 embraced in the district, as originally created, and shall be
18 known, respectively, as the East Unit of the Pahokee Water
19 Control District and the West Unit of the Pahokee Water
20 Control District. The East Unit consists of all of that land
21 embraced in the Pahokee Water Control District as originally
22 created, lying eastwardly and southerly of, and the West Unit
23 is to be all that land of the Pahokee Water Control District,
24 as originally created, lying westwardly and northerly of, the
25 following described line:
26 Commencing at the northwest corner of Section
27 15, Township 42 South, Range 37 East, and
28 running thence southerly and along the West
29 Section Line of that Section to the Southwest
30 corner of Section 15, which is also the
31 Northeast corner of Section 21, same township
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1 and range; thence westerly along the north line
2 of Section 21 to the northwest corner of that
3 section, which is also the northeast corner of
4 Section 20, same township and range; thence
5 southerly and along the lines dividing Sections
6 21 and 20, and continuing in the same line
7 which divides Sections 28 and 29, and 33 and
8 32, same township and range, to the southerly
9 line of Township 42 South; however, the outlet
10 canal and spoil bank thereof shall exclusively
11 be in and be part and parcel of the West Unit;
12 further, neither the separation of the district
13 into two units, nor any of the other provisions
14 of this act respecting the rights, privileges,
15 and directions contained in this act shall in
16 any way affect, impair, change, lessen, or
17 destroy the status, priority, validity, or lien
18 of any of the bonds and the security underlying
19 the same, heretofore issued for the purpose of
20 carrying out the Plan of Improvement heretofore
21 adopted for the Pahokee Water Control District
22 and the taxes and assessments levied for the
23 payment of interest and principal due and to
24 become due upon the bonds heretofore issued,
25 and that all bonds authorized herein and
26 hereafter authorized shall be subject to bonds
27 now outstanding and the taxes herein provided,
28 or to be provided, for the retirement of bonds
29 herein provided, shall be a junior lien to the
30 taxes heretofore provided for bonds now
31 outstanding.
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1 Section 3. All indebtedness of the Pahokee Water
2 Control District hereafter to be incurred shall not be
3 contracted by the district as a whole, but shall be incurred
4 and contracted only with reference to either of the units
5 thereof severally, considering and treating these units for
6 that purpose the same as though each unit constituted in
7 itself a separate drainage district; and for that purpose,
8 each of the units shall have all the powers, rights, and
9 privileges that are conferred by general law upon a water
10 control district; and in the creation of indebtedness and the
11 issuance of bonds hereafter made, the lien of such
12 indebtedness or bonds shall be wholly and only upon the land
13 comprising the unit that is to be benefitted by the
14 expenditure of the moneys for which the indebtedness has been
15 incurred or bonds have been issued, and that shortly after the
16 incurring of the indebtedness and the issuance of the bonds
17 have been authorized by majority vote of the acreage of the
18 land lying within that particular unit. All indebtedness
19 thereafter incurred, and bonds issued with reference to either
20 of the units, shall be paid both as to the principal and
21 interest from taxes to be thereafter levied and assessed
22 solely upon the lands in the particular unit that has
23 authorized the incurring of the indebtedness by majority
24 acreage vote. If any of the indebtedness so incurred is
25 expended for purposes that require an annual appropriation for
26 maintenance, that annual appropriation for maintenance must
27 also be solely and wholly derived from maintenance taxes
28 assessed and levied only upon the lands lying in that unit and
29 expended solely for the benefit of such unit.
30 Section 4. The Board of Supervisors of the Pahokee
31 Water Control District shall be composed of three citizens of
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1 the United States, who must be resident freeholders of the
2 State of Florida.
3 Section 5. The Board of Supervisors of the Pahokee
4 Water Control District shall levy and impose upon all of the
5 lands, including lands held by the Trustees of the Internal
6 Improvement Fund, or its successor, lying and being situate
7 within the boundaries of the district, a tax per acre, per
8 annum, for each year, and such tax shall be known and
9 designated a maintenance tax. The proceeds of the maintenance
10 tax shall be used for purposes for which maintenance taxes are
11 authorized to be levied by chapter 298, Florida Statutes.
12 Section 6. All indebtedness that is incurred
13 hereafter, but not provided for in, but that may be incident
14 to, the original Water Control Plan whether or not authorized
15 by this act, may be incurred only as a separate and distinct
16 indebtedness for either one or the other of the units for the
17 benefit of which the indebtedness is incurred and such
18 indebtedness, both as to principal and interest, may be paid
19 only from taxes levied and imposed upon the lands in the
20 respective units for which such indebtedness has been
21 incurred.
22 Section 7. This act does not affect or change the
23 boundaries of the Pahokee Water Control District, as
24 heretofore established, its Water Control Plan or any action
25 taken in respect thereto, or its supervisors, or officers, or
26 their rights, powers, and duties, and all the provisions of
27 any general law or laws applicable to the Pahokee Water
28 Control District continue in effect except as otherwise
29 expressly provided in this act.
30 Section 8. All acts and proceedings of the Circuit
31 Court of Palm Beach County taken by, for, and on behalf of the
8
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1 district since its creation; all acts and proceedings of the
2 board of supervisors, the commissioners, and other officers
3 and agents of the district, and of Palm Beach County, acting
4 for and on behalf of the district; and any and all tax levies
5 and assessments that have been made by the board of
6 supervisors for and on behalf of the district are ratified,
7 validated, and confirmed.
8 Section 9. The Board of Supervisors of the Pahokee
9 Water Control District may construct such dikes, dams, and
10 levees within Section 25, Township 42, Range 36; and across
11 Pelican Bay; and along the shoreline or near thereto, of the
12 waters of Lake Okeechobee and Pelican Bay, bordering the
13 district, as it deems necessary or useful in its general plan
14 of drainage.
15 Section 10. The Board of Supervisors of the Pahokee
16 Water Control District may issue bonds, either with or without
17 coupons, in denominations of $1,000 each, or any multiple
18 thereof, bearing interest from date of issuance at the lesser
19 of the rate permitted by general law or a rate not to exceed
20 an average net interest cost rate which shall be computed
21 monthly by adding 150 basis points to the 20 "Bond-Buyer"
22 Average Yield Index published immediately preceding the first
23 day of each calendar month, payable semi-annually. Each bond
24 shall mature within 30 years from its issuance, both principal
25 and interest payable at a convenient banking house or trust
26 company's office, to be named in the bonds, which bonds shall
27 be signed by the President of the Board of Supervisors,
28 attested with the seal of the district and by the signature of
29 the Secretary of the Board. All bonds must be authorized by
30 resolution of the Board of Supervisors and must be executed
31 and delivered to the Treasurer of the district, who shall sell
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1 the same in such quantities on such dates, and on such terms
2 as the Board of Supervisors deems necessary to meet the
3 payments for the restoration work. All such bonds shall be
4 sold at public sale and shall be awarded to the bidder
5 offering to purchase such bonds at the lowest net interest
6 rate, which shall be determined by deducting the total amount
7 of premium or adding the total amount of discount bid to the
8 aggregate interest to be paid. The bonds must state on their
9 face the purpose for which they are issued and shall be
10 payable out of, and shall constitute a first lien on, the
11 moneys derived from the restoration tax provided for in this
12 act.
13 Section 11. The annual installments of total taxes to
14 be levied and assessed annually by the Pahokee Water Control
15 District upon all of the lands within the district, pursuant
16 to the provisions of Article I, Chapter III, Title VII, first
17 Division of the Revised General Statutes of the State of
18 Florida 1920, (General Drainage Law), and acts amendatory
19 thereof and supplemental thereto, constitute the "General Debt
20 Service Tax."
21 Section 12. (1) There are established for the Pahokee
22 Water Control District and the East Unit and West Unit thereof
23 the following separate and distinct funds:
24 (a) The General Debt Service Fund, into which shall be
25 paid the proceeds of the annual installments of total taxes,
26 assessments heretofore levied and assessed, and the proceeds
27 of the General Debt Service Tax to be levied and assessed
28 hereafter upon all of the lands within the Pahokee Water
29 Control District.
30 (b) The East Unit Debt Service Fund, into which shall
31 be paid the proceeds of the flat taxes heretofore levied and
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1 assessed upon the lands within the East Unit of the district
2 and the proceeds of the East Unit Debt Service Tax authorized
3 to be levied for the year 1937 and subsequent years.
4 (c) The East Unit Reserve Fund, into which shall be
5 paid or transferred from the East Unit Debt Service Fund in
6 each year a sum equal to 1.25 percent of the principal amount
7 of bonds of the East Unit then outstanding, until the sum of
8 $7,000 has been accumulated in the East Unit Reserve Fund.
9 Thereafter, if the amount in the reserve fund should be
10 reduced or depleted below $7,000 by any expenditures or
11 payments therefrom, or for any other reason, the board shall
12 make such provision in the next annual East Unit Debt Service
13 Tax levy or levies, as is required adequately to restore or
14 replenish the reserve fund; however, the board is not required
15 to transfer or pay from the East Unit Debt Service Fund into
16 the East Unit Reserve Fund in any year an amount in excess of
17 $1,500.
18 (d) The West Unit Debt Service Fund, into which shall
19 be paid the proceeds of the flat taxes heretofore levied and
20 assessed upon the lands within the boundaries of the West
21 Unit.
22 (e) The East Unit maintenance fund, into which shall
23 be paid the proceeds of the maintenance tax heretofore levied
24 upon the lands within the East Unit and the maintenance tax
25 which is levied upon the lands within the East Unit.
26 (f) The West Unit Maintenance Fund, into which shall
27 be paid the proceeds of the maintenance tax heretofore levied
28 upon the lands within the West Unit and the maintenance tax
29 which is levied upon the lands within the West Unit.
30 (2) The board may establish from time to time such
31 other funds for the moneys of the district and the East and
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1 West Units thereof as the board determines to be necessary,
2 advisable, or expedient.
3 (3) Each of the funds created pursuant to this act
4 shall be held inviolate and the moneys from time to time in
5 each of such funds shall be used only for the purposes to
6 which they are required to be devoted in accordance with the
7 provisions of this act.
8 (4) The General Debt Service Fund shall be used
9 exclusively for the payment of principal of and interest on
10 any bonds of the district (as distinguished from any bonds of
11 either Unit of the district) which are outstanding; any bonds
12 and interest thereon which are subsequently issued for the
13 purpose of refunding any of such bonds; interest coupons and
14 interest thereon outstanding, or any bonds and interest
15 thereon which are issued in exchange for any such bonds,
16 interest coupons, or interest thereon; and for the maintenance
17 of any Reserve or Sinking Fund that is established by
18 resolution of the board for the purpose of paying the
19 principal of and interest on any such bonds.
20 (5) The East Unit Debt Service Fund shall be used
21 exclusively for the payment of principal of and interest on
22 any bonds outstanding which are obligations solely of the East
23 Unit of the district; or any bonds and interest thereon which
24 are subsequently issued for the purpose of refunding any such
25 bonds, interest coupons, and interest thereon; any bonds or
26 interest thereon which are issued in exchange for any of such
27 bonds, interest coupons, or interest thereon; or for the
28 maintenance of the East Unit Reserve Funds provided in this
29 act.
30 (6) The East Unit Reserve Fund shall be used
31 exclusively for the payment of the principal of and interest
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1 on the bonds which are payable from the proceeds of the East
2 Unit Debt Service Tax when the moneys in the East Unit Debt
3 Service Fund are insufficient for that purpose. The board may
4 invest the moneys of the East Unit Reserve Fund in obligations
5 of the United States or in obligations guaranteed as to
6 principal and interest by the United States, or in the next
7 maturing bonds of the East Unit which are payable solely from
8 the proceeds of the East Unit Debt Service Tax at a price not
9 to exceed the par value thereof. The board may sell and
10 dispose of any securities in which the East Unit Reserve Fund
11 has invested and may reinvest the proceeds thereof from time
12 to time in conformity with the provisions of this section as
13 it deems expedient. All sums of money that are realized by the
14 board from the investments and reinvestments of the East Unit
15 Reserve Fund shall be added to and become a part of the East
16 Unit Reserve Fund.
17 (7) The West Unit Debt Service Fund shall be used
18 exclusively for the payment of principal of and interest on
19 any bonds outstanding which are obligations solely of the West
20 Unit of the district. If any moneys remain in the West Unit
21 Debt Service Fund after payment in full of all the bonds and
22 interest thereon which are obligations solely of the West
23 Unit, the board shall transfer such moneys to the West Unit
24 Maintenance Fund.
25 (8) The East Unit Maintenance Fund shall be used
26 exclusively by the unit for the purposes for which the
27 maintenance tax is by law authorized to be levied. However, if
28 a cash surplus remains in the East Unit Maintenance Fund on
29 June 30 of any year which has not been pledged or appropriated
30 to the payment of any obligations that are payable from that
31 fund and which, in the judgment of the board, is not needed
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1 for any of the purposes for which the East Unit Maintenance
2 Fund is to be expended under the provisions of this act, such
3 cash surplus may be transferred by the board to the East Unit
4 Debt Service Fund and be used for the purposes of the East
5 Unit Debt Service Fund, as provided in this act.
6 (9) The West Unit Maintenance Fund shall be used
7 exclusively by the unit for the purposes for which the
8 maintenance tax is by law authorized to be levied. However, if
9 a cash surplus remains in the West Unit Maintenance Fund on
10 June 30 of any year which has not been pledged or appropriated
11 to the payment of any obligations that are payable from such
12 fund and which, in the judgment of the board, is not needed
13 for any of the purposes for which the West Unit Maintenance
14 Fund is to be expended under the provisions of this act, such
15 cash surplus may be transferred by the board to the West Unit
16 Debt Service Fund and be used for the purposes of the West
17 Unit Debt Service Fund, as provided in this act.
18 Section 13. (1) Prior to May 1 each year, the board
19 shall cause to be prepared a budget showing the debt service
20 requirements of the district and of the East Unit thereof and
21 the requirements of each unit or district for maintenance,
22 operation, and administration during the year beginning on
23 November 1 and ending the succeeding October 31. The budget
24 must show in detail the following:
25 (a) GENERAL DEBT SERVICE.--
26 1. The principal amount of bonds payable from the
27 proceeds to the general debt service tax which will mature
28 during such years.
29 2. The amount of interest which will become due during
30 such year on all outstanding bonds of the district payable
31 from the proceeds of the general debt service tax.
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1 3. The amount to be paid during such year into any
2 reserve or sinking fund that is established by resolution of
3 the board of supervisors for the payment of the principal of
4 and interest on bonds of the district which are payable from
5 the proceeds of the general debt service tax.
6 4. The amount of money, if any, in the General Debt
7 Service Fund of the district representing an unexpended
8 balance on the budget for general debt service purposes for
9 any previous years.
10 5. The amount estimated to be collected during such
11 year from delinquent general debt service taxes.
12 6. The estimated percentage of delinquencies in
13 general debt service tax collections for such year.
14 7. The amount of general debt service tax per acre
15 necessary to be levied for such year.
16 (b) EAST UNIT DEBT SERVICE.--
17 1. The principal amount of bonds payable from the
18 proceeds of the East Unit Debt Service Tax which will mature
19 during such year.
20 2. The amount of interest which will become due during
21 such year on all outstanding bonds payable from proceeds of
22 the East Unit Debt Service Tax.
23 3. The amount to be paid into the East Unit Reserved
24 Fund during such year, as required by this act.
25 4. The amount of money, if any, in the East Unit Debt
26 Service Fund representing an unexpended balance of the budget
27 for East Unit debt service purposes for any previous years.
28 5. The amount estimated to be collected during such
29 year from delinquent East Unit Debt Service Taxes.
30 6. The estimated percentage of delinquencies in East
31 Unit Debt Service Tax collections for such year.
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1 7. The amount of East Unit Debt Service Tax per acre
2 necessary to be levied upon the lands within the East Unit for
3 such year.
4 (c) EAST UNIT DEBT SERVICE.--
5 1. The principal amount of bonds payable from the
6 proceeds of the East Unit Debt Service Tax which will mature
7 during such year.
8 2. The amount of interest which will become due during
9 such year on all outstanding bonds payable from proceeds of
10 the East Unit Debt Service Tax.
11 3. The amount to be paid into the East Unit Reserve
12 Fund during such year, as required by this act.
13 4. The amount of money, if any, in the East Unit Debt
14 Service Fund representing an unexpended balance of the budget
15 for East Unit debt service purposes for any previous years.
16 5. The amount estimated to be collected during such
17 year from delinquent East Unit Debt Service Taxes.
18 6. The estimated percentage of delinquencies in East
19 Unit Debt Service Tax collections for such year.
20 7. The amount of East Unit Debt Service Tax per acre
21 necessary to be levied upon the lands within the East Unit for
22 such year.
23 (d) MAINTENANCE.--
24 1. The amount of money which will be needed during
25 such year for the purpose of paying the cost of administration
26 and the cost of maintaining, operating, preserving, and
27 rendering efficient the ditches, canals, drains, levees, and
28 other improvements of the East Unit and of the West Unit,
29 including any amount for emergencies and contingencies not to
30 exceed 20 percent of the estimated cost of such
31 administration, operation, and maintenance.
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1 2. The amount of money, if any, in the maintenance
2 fund for each unit representing an unexpended balance of the
3 budget for administration, operation, and maintenance for any
4 previous years.
5 3. The amount estimated to be collected during such
6 year from delinquent maintenance taxes upon the lands in the
7 East Unit and West Unit, respectively.
8 4. The estimated percentage of delinquencies in
9 maintenance tax collections upon the lands in the East Unit
10 and West Unit, respectively, for such year.
11 5. The amount of maintenance tax per acre necessary to
12 be levied upon the lands in the East Unit and West Unit,
13 respectively, for such year.
14 (2) Upon the presentation of the budget to the board,
15 the budget shall be placed on file in the office of the
16 secretary of the district, and the board shall cause to be
17 published in a newspaper published in Palm Beach County, once
18 in each week for two consecutive weeks a notice that the
19 budget has been completed and may be examined at the office of
20 the secretary and that the board will meet at a time and place
21 designated in the notice, not less than 15 days after the date
22 of the first publication thereof, for the purpose of hearing
23 objections and complaints with respect to the budget. At the
24 time and place specified in the notice, the board shall meet
25 for the purpose of hearing objections and complaints
26 concerning the budget, and for that purpose may adjourn from
27 day to day, and the budget may be altered, changed, or amended
28 in any respect by the board during or at the hearing.
29 (3) After the hearing and when the board has made any
30 alterations, changes, or amendments to the budget, the board
31 shall adopt the budget and spread it upon the minutes. The
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1 board shall also adopt and spread upon its minutes a
2 resolution levying and imposing the amount of the general debt
3 service tax for such year, the amount of the East Unit Debt
4 Service Tax for such year, and the amount of the maintenance
5 tax upon the lands within the East Unit and upon the lands
6 within the West Unit, respectively, for such year.
7 Section 14. (1) After such taxes or assessments have
8 been levied and imposed by the board, and prior to June 1 in
9 each year, the secretary shall prepare a list of lands lying
10 within Palm Beach County upon which such taxes or assessments
11 are imposed for such year. The lands, when convenient to do
12 so, may be described by sections, townships, and ranges. It is
13 not necessary to set forth in the list the names of the owners
14 of any lands, nor the names of any persons holding an interest
15 therein. The list must show with respect to each section,
16 piece, or parcel of land described therein, in separate
17 columns, properly designated, the following:
18 (a) The amount of the general debt service tax levied
19 for such year;
20 (b) The amount of the East Unit Debt Service Tax
21 levied for such year;
22 (c) The amount of the maintenance tax levied for such
23 year; and
24 (d) The total amount of such taxes or assessments
25 levied upon such lands for such year.
26 (2) There shall be appended to such list a
27 certificate, to be signed by the president of the board and
28 attested by the secretary or any assistant secretary, under
29 the seal of the district, directing the board of county
30 commissioners of the county to cause the appropriate county
31 officers to assess and collect the taxes or assessments.
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1 (3) Immediately upon the completion of such list, the
2 board shall meet, examine the list, and, after correcting any
3 errors or omissions therein, adopt a resolution confirming or
4 approving the list. After the adoption of such resolution, the
5 certificate appended to the list shall be signed by the
6 president of the board and attested by the secretary or any
7 assistant secretary, under the seal of the district. The
8 secretary shall then transmit to the Board of County
9 Commissioners of Palm Beach County the list showing the lands
10 within the county upon which such taxes or assessments are
11 levied.
12 Section 15. (1) The Board of County Commissioners of
13 Palm Beach County shall order the property appraiser of the
14 county to assess, and the tax collector of the county to
15 collect, the taxes or assessments levied pursuant to this act
16 and certified to the board of county commissioners as provided
17 by this act. The property appraiser shall make such
18 assessment, and the tax collector shall collect such taxes or
19 assessments so levied, in the same manner and at the same time
20 as county taxes.
21 (2) The Tax Collector of Palm Beach County shall pay
22 all moneys collected from such taxes and assessments to the
23 Treasurer of the Pahokee Water Control District, in the same
24 manner and at the same time that he is required to pay state
25 and county taxes. If any such taxes or assessments are not
26 paid within the time fixed by law for the payment of state and
27 county taxes, the property upon which the same have been
28 levied may be sold and certificates issued in the same manner
29 as is provided by general law with respect to state and county
30 taxes.
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1 (3) It is the duty of any officer charged with such
2 duty with respect to state and county taxes to assess and levy
3 upon all railroad property, telegraph property, and telephone
4 property, within the district the amount of such taxes and
5 assessments as in the case of state and county taxes, and to
6 collect the taxes and assessments in the same manner as is
7 required by general law with respect to the assessment and
8 collection of taxes on such property for state and county
9 purposes, and to remit the same to the Treasurer of the
10 Pahokee Water Control District in the same manner as
11 remittances are required to be made with respect to other
12 taxes.
13 Section 16. (1) The office of the property appraiser
14 shall receive for its duties under this act 0.5 percent of the
15 amount of the taxes of the district and each unit thereof
16 assessed, except for errors, or as provided by general law.
17 Upon completion of the Tax Roll for each year, the Board of
18 Supervisors of the Pahokee Water Control District shall pay to
19 the office of the property appraiser an amount equal to 80
20 percent due the office under this subsection. After the tax
21 collector has made his report of errors and insolvencies for
22 that year, and after any proper deductions have been made by
23 virtue of errors and insolvencies shown on the report, the
24 board shall pay to the office of the property appraiser any
25 balance due under this subsection.
26 (2) The office of the tax collector shall receive for
27 the duties required under this act 1 percent of the amount of
28 taxes for the district and each unit thereof collected, and
29 shall also receive 1 percent of the amount of each delinquent
30 tax when actual sale is made, but the office is not entitled
31 to any amount for the sale of such property made to the State
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1 of Florida until the redemption or sale of any tax certificate
2 issued thereon to the state.
3 Section 17. It is the duty of the Department of
4 Revenue, the Property Appraiser, the Tax Collector, and the
5 Clerk of the Circuit Court of Palm Beach County, respectively,
6 and any other persons charged with responsibility for the
7 assessment and collection of taxes or assessments levied by or
8 for the Pahokee Water Control District, or the East Unit or
9 the West Unit thereof, to assess and collect such taxes or
10 assessments and make remittances of the proceeds thereof to
11 the treasurer of the district in such manner and form that the
12 treasurer will be advised as to what portion of such taxes or
13 assessments so collected and remitted is general debt service
14 tax, what portion is East Unit Debt Service Tax, what portion
15 is West Unit Debt Service Tax, and what portion is maintenance
16 tax.
17 Section 18. Any action of the Board of Supervisors,
18 the officers and receivers of the Pahokee Water Control
19 District, and the Tax Collector of Palm Beach County, in
20 accepting bonds, interest coupons, and other obligations of
21 the district or any unit thereof in the payment of taxes and
22 assessments, and all compromises, adjustments, and settlements
23 of delinquent taxes or assessments heretofore made are
24 ratified.
25 Section 19. All actions taken by the Board of
26 Supervisors of the Pahokee Water Control District or the
27 officers or agents of the district in connection with the
28 refinancing of the indebtedness of the district and of the
29 East Unit thereof, by or through loans authorized or disbursed
30 by the Reconstruction Finance Corporation, and all contracts,
31 undertakings, and agreements entered into by the district or
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1 the board with the Reconstruction Finance Corporation in
2 connection with such loans, are ratified.
3 Section 20. (1) The Pahokee Water Control District
4 may issue, pursuant to a resolution of the board of
5 supervisors, without submitting same to an election, bonds of
6 the district for the purpose of refunding any or all
7 outstanding bonds, coupons, or interest, upon such terms and
8 conditions, containing such provisions, and in such manner and
9 form as provided in the resolution.
10 (2) The East Unit of the Pahokee Water Control
11 District may issue, pursuant to a resolution of the board of
12 supervisors, without submitting same to an election, bonds of
13 the unit for the purpose of refunding any or all outstanding
14 bonds, coupons, or interest, upon such terms and conditions,
15 containing such provisions, and in such manner and form as
16 provided in such resolution.
17 (3) In issuing bonds for the purpose of refunding any
18 or all outstanding bonds, coupons, or interest on bonds or
19 coupons of the district or the East Unit, the board of
20 supervisors may proceed under applicable law.
21 Section 21. The Pahokee Water Control District and the
22 East Unit of the Pahokee Water Control District are authorized
23 to take any action necessary in order to comply with or avail
24 itself of the provisions of any federal law having for its
25 purpose the refunding or extending the time of payment of the
26 indebtedness of any drainage or levee district or otherwise
27 lightening the burden of taxation resting on the lands and
28 property in such districts.
29 Section 22. (1) For the purpose of paying the
30 interest due annually on the bonds to be issued under this
31 act, and for the purpose of providing a sinking fund for the
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1 payment of principal of the bonds when such payments become
2 due, the board shall levy and impose upon all lands in the
3 district, including lands owned by the Trustees of the
4 Internal Improvement Trust Fund or its successor a restoration
5 tax. The restoration tax shall be in addition to, and not in
6 lieu of, the maintenance tax that is authorized under this
7 act, and shall be levied in the same manner as all other taxes
8 in the district. Funds collected from the restoration tax must
9 be kept in a separate account and may be used only for the
10 purposes provided in this act. The annual installment of the
11 restoration tax shall create a lien on the property against
12 which it is assessed until paid. The lien is superior in
13 dignity to all other liens upon the property except for liens
14 for county taxes and is equal in dignity to liens for county
15 taxes.
16 (2) The board may provide in the resolution
17 authorizing the issuance of bonds, and in the bonds, that the
18 proceeds of the restoration tax are pledged so far as is
19 necessary for the payment of the principal and interest on the
20 bonds.
21 (3) The actual amount of the restoration tax to be
22 levied by the board shall be determined annually, but shall in
23 no event be less that the amount required to pay all interest
24 on all outstanding bonds coming due in the year for which the
25 tax is levied together with a pro rata amount of the principal
26 on all outstanding bonds coming due in the year for which the
27 tax is levied, together with a pro rata amount of the
28 principal on all outstanding bonds sufficient to retire such
29 bonds at their scheduled maturity date, such pro rata share of
30 each bond to be determined by dividing the principal amount of
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1 the bond by the total number of years between the date of
2 issuance of the bond and the date of maturity.
3 (4) All provisions of law applicable to the levy,
4 assessment, payment, collection, and enforcement of the taxes
5 of the Pahokee Water Control District apply to the restoration
6 tax authorized by this act, and the duties of public officials
7 with respect to the taxes of the Pahokee Water Control
8 District also apply with respect to the restoration tax.
9 Section 23. The board may issue bonds (hereinafter
10 called "refunding bonds") to refund any bonds issued pursuant
11 to this act, payable from the proceeds of the restoration tax,
12 and provide for the rights of the holders thereof. The
13 refunding bonds may be issued in an amount sufficient to pay
14 the principal of the outstanding bonds; the interest due and
15 payable on the outstanding bonds to and including the first
16 date upon which the outstanding bonds are callable prior to
17 maturity, or the dates upon which the principal thereof
18 matures; the redemption premium, if any; and any expenses of
19 the issuance and sale of the refunding bonds. The refunding
20 bonds may be sold at public or private sale at a price not to
21 exceed 95 cents on the dollar, plus accrued interest, shall
22 bear interest at rates not to exceed the rate permitted by
23 general law, and shall mature within 40 years after the date
24 of their issuance.
25 Section 24. The board of supervisors may employ a
26 person to be designated general manager of the district and to
27 vest in him or her such authority and to delegate to him or
28 her the performance of such duties and to provide such
29 compensation as the board of supervisors determines. The board
30 may require the general manager to furnish bond with good and
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1 sufficient surety in an amount established by resolution of
2 the board.
3 Section 25. The funds of the district shall be paid
4 out only on checks signed by two members of the board of
5 supervisors or by the treasurer of the district and one member
6 of the board of supervisors. However, the board may establish,
7 under appropriate rules and regulations to be adopted by the
8 board, a payroll account on which checks may be drawn by the
9 general manager of the district for the payment of wages and
10 salaries of employees of the district.
11 Section 26. The board of supervisors may enter into
12 arrangements with other drainage districts in the Everglades
13 area for the pooling of insurance coverage; for the purchase,
14 rental, and use of equipment, buildings, and facilities; and
15 for services of employees of the district.
16 Section 4. Chapter 10002, Laws of Florida, 1923;
17 chapter 13715, Laws of Florida, 1929; chapter 14779, Laws of
18 Florida, 1931; chapter 18042, Laws of Florida, 1937; chapter
19 19607, Laws of Florida, 1939; chapter 20652, Laws of Florida,
20 1941; chapter 22877, Laws of Florida, 1945; chapter 23622,
21 Laws of Florida, 1947; chapter 28440, Laws of Florida, 1953;
22 chapter 30151, Laws of Florida, 1955; chapter 57-433, Laws of
23 Florida; chapter 63-877, Laws of Florida; chapter 71-817, Laws
24 of Florida; chapter 77-618, Laws of Florida; chapter 80-563,
25 Laws of Florida; chapter 82-354, Laws of Florida; and chapter
26 97-335, Laws of Florida, are repealed except to the extent
27 inconsistent herewith.
28 Section 5. If any provision of this act or its
29 application to any person or circumstance is held invalid, the
30 invalidity does not affect other provisions or applications of
31 the act which can be given effect without the invalid
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1 provision or application, and to this end the provisions of
2 this act are declared severable.
3 Section 6. This act shall take effect upon becoming a
4 law.
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