Senate Bill 2650

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000        (NP)                      SB 2650

    By Senator Rossin





    35-750-00                                          See HB 1559

  1                      A bill to be entitled

  2         An act relating to Seminole Water Control

  3         District, Palm Beach County; codifying and

  4         reenacting provisions of chapters 70-854 and

  5         88-504, Laws of Florida; providing for

  6         codification of special acts relating to

  7         Seminole Water Control District, a special tax

  8         district created pursuant to chapter 70-854,

  9         Laws of Florida, as amended, pursuant to s.

10         189.429, F.S.; providing that the name of the

11         District shall be the Seminole Improvement

12         District; providing for legislative intent;

13         providing for applicability of chapter 298,

14         F.S., and other general laws; providing

15         additional authority relating to the provision

16         of public infrastructure, services, assessment,

17         levy, and collection of taxes, non-ad valorem

18         assessments, and fees, public finance, and

19         District operations; providing powers of the

20         District; providing for compliance with county

21         plans and regulations; providing for election

22         of a Board of Supervisors; providing for

23         organization, powers, duties, terms of office,

24         and compensation of the board; providing for

25         levy of ad valorem taxes and non-ad valorem

26         assessments; providing for costs; requiring

27         referendums under specified circumstances;

28         providing for collection, enforcement, and

29         penalties; providing for issuance of revenue

30         bonds, assessment bonds, and bond anticipation

31         notes; providing for general obligation bonds;

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    Florida Senate - 2000        (NP)                      SB 2650
    35-750-00                                          See HB 1559




  1         providing a District charter; providing for

  2         repeal of prior special acts related to the

  3         Seminole Water Control District; providing

  4         severability; providing that this act shall

  5         take precedence over any conflicting law to the

  6         extent of such conflict; providing an effective

  7         date.

  8

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

10

11         Section 1.  Chapters 70-854 and 88-504, Laws of

12  Florida, are codified, reenacted, amended, and repealed as

13  provided in this act.

14         Section 2.  The Seminole Water Control District is

15  re-created and renamed and the charter for such District is

16  re-created and reenacted to read:

17         Section 1.  District renamed.--The Seminole Water

18  Control District shall henceforth be known as the Seminole

19  Improvement District.

20         Section 2.  Intent.--Pursuant to section 189.429,

21  Florida Statutes, this act constitutes the codification of all

22  special acts relating to the Seminole Water Control District.

23  It is the intent of the Legislature in enacting this law to

24  provide a single, comprehensive special act charter for the

25  District, including all current legislative authority granted

26  to the District by its several legislative enactments, any

27  additional authority granted by this act, and authority

28  granted by applicable general law.

29         Section 3.  District created and boundaries

30  thereof.--For the purposes of providing public infrastructure;

31  services; the assessment, levy, and collection of taxes,

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    Florida Senate - 2000        (NP)                      SB 2650
    35-750-00                                          See HB 1559




  1  non-ad valorem assessments, and fees; the operation of

  2  District facilities and services; and all other purposes

  3  stated in this act consistent with chapters 189 and 298,

  4  Florida Statutes, and other applicable general law, an

  5  independent improvement district is created and established in

  6  Palm Beach County, to be known as the Seminole Improvement

  7  District, the territorial boundaries of which shall be as

  8  follows:

  9

10         All of Sections 1 and 2, that part of Section 3

11         situated Southerly and Eastwardly of the Canal

12         "M" right of way, and Section 12 except the

13         East Half (E 1/2) of the Southeast Quarter (SE

14         1/4) thereof, all in Township 43 South, Range

15         40 East.

16

17         All of Sections 5 and 6, the North Half (N 1/2)

18         of Section 7 and the North Half (N 1/2) of

19         Section 8, Township 43 South, Range 41 East.

20

21         All in the County of Palm Beach, State of

22         Florida, consisting of 4,032 acres, more or

23         less.

24

25         Section 4.  Provisions of other laws made

26  applicable.--The provisions of chapter 298, Florida Statutes,

27  and all of the laws amendatory thereof, now existing or

28  hereafter enacted are declared to be applicable to Seminole

29  Improvement District.  Seminole Improvement District shall

30  have all of the powers and authorities mentioned in or

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    Florida Senate - 2000        (NP)                      SB 2650
    35-750-00                                          See HB 1559




  1  conferred by chapter 298, Florida Statutes, as it may be

  2  amended from time to time.

  3         Section 5.  Powers of the District; compliance with

  4  county plans and regulations.--

  5         (1)  The District shall have the following powers:

  6         (a)  To sue and be sued by its name in any court of law

  7  or in equity, to make contracts, and to adopt and use a

  8  corporate seal and to alter the same at pleasure;

  9         (b)  To acquire by purchase, gift, or condemnation real

10  and personal property, either or both, within or without the

11  district, and to convey and dispose of such real and personal

12  property, either or both, as is necessary or convenient to

13  carry out the purposes, or any of the purposes, of this act

14  and chapter 298, Florida Statutes;

15         (c)  To construct, operate, and maintain canals,

16  ditches, drains, levees, lakes, ponds, and other works for

17  water management and control purposes;

18         (d)  To acquire, purchase, operate, and maintain pumps,

19  plants, and pumping systems for water management and control

20  purposes;

21         (e)  To construct, operate, and maintain irrigation

22  works, machinery, and plants;

23         (f)  To construct, improve, pave, and maintain roadways

24  and roads necessary and convenient for the exercise of the

25  powers or duties or any of the powers or duties of the

26  District or the supervisors thereof; and to include, as a

27  component of such roads, parkways, bridges, landscaping,

28  irrigation, bicycle and jogging paths, street lighting,

29  traffic signals, road striping, and all other customary

30  elements of a modern road system;

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    Florida Senate - 2000        (NP)                      SB 2650
    35-750-00                                          See HB 1559




  1         (g)  To finance, fund, plan, establish, acquire,

  2  construct or reconstruct, enlarge or extend, equip, operate,

  3  and maintain systems and facilities for providing

  4  transportation throughout the District, including private or

  5  contract carriers, buses, vehicles, railroads, and other

  6  transportation facilities, to meet the transportation

  7  requirements of the District in activities conducted within

  8  the District;

  9         (h)  To finance, fund, plan, establish, acquire,

10  construct or reconstruct, enlarge or extend, equip, operate,

11  and maintain parking facilities within the District

12  boundaries;

13         (i)  To finance, fund, plan, establish, acquire,

14  construct or reconstruct, enlarge or extend, equip, operate,

15  and maintain additional systems and facilities for parks and

16  facilities for indoor and outdoor recreational, cultural, and

17  educational uses;

18         (j)  To acquire, construct, finance, operate, and

19  maintain water plants and systems to produce, purify, and

20  distribute water for consumption;

21         (k)  To acquire, construct, finance, operate, and

22  maintain sewer systems for the collection, disposal, and reuse

23  of waste and to prevent water pollution in the District;

24         (l)  To levy ad valorem taxes and non-ad valorem

25  assessments; to prescribe, fix, establish, and collect rates,

26  fees, rentals, fares, or other charges and to revise the same

27  from time to time for the facilities and services furnished or

28  to be furnished by the District; and to recover the cost of

29  making connection to any District facility or system;

30         (m)  To provide for the discontinuance of service and

31  reasonable penalties, including attorney's fees, against any

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    Florida Senate - 2000        (NP)                      SB 2650
    35-750-00                                          See HB 1559




  1  user or property for any such rates, fees, rentals, fares, or

  2  other charges that become delinquent and require collection.

  3  However, no charges or fees shall be established until after a

  4  public hearing of the board at the District at which all

  5  affected persons shall be given an opportunity to be heard;

  6         (n)  To enter into agreements with any person, firm, or

  7  corporation for the furnishing by such person, firm, or

  8  corporation of any facilities and services of the type

  9  provided for in this act;

10         (o)  To enter into impact-fee-credit agreements with

11  local general-purpose governments.  In the event the District

12  enters into an impact-fee-credit agreement with a local

13  general-purpose government under which the District constructs

14  or makes contributions for public facilities for which

15  impact-fee credits would be available, the agreement may

16  provide that such impact-fee credits shall inure to the

17  landowners within the District in proportion to their relative

18  assessments, and the District shall, from time to time,

19  execute such instruments (such as assignments of impact-fee

20  credits) as are necessary or desirable to accomplish or

21  confirm the foregoing.

22         (p)  To construct and maintain facilities for and take

23  measures to control mosquitoes and other arthropods of public

24  health importance;

25         (q)  To finance, fund, plan, establish, acquire,

26  construct or reconstruct, enlarge or extend, equip, operate,

27  and maintain additional systems and facilities for

28  conservation areas, mitigation areas, and wildlife habitat,

29  including the maintenance of any plant or animal species, and

30  any related interest in real or personal property;

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    Florida Senate - 2000        (NP)                      SB 2650
    35-750-00                                          See HB 1559




  1         (r)  To borrow money and issue negotiable or other

  2  bonds of the District as provided in this act; to borrow

  3  money, from time to time, and issue negotiable or other notes

  4  of the district therefor, bearing interest at not exceeding

  5  the maximum interest allowable by law, in anticipation of the

  6  collection of taxes, levies, and assessments or revenues of

  7  the district; to pledge or hypothecate such taxes, levies,

  8  assessments, and revenues to secure such bonds, notes, or

  9  obligations; and to sell, discount, negotiate, and dispose of

10  the same;

11         (s)  To provide public safety, including, but not

12  limited to, security, guardhouses, fences and gates,

13  electronic intrusion detection systems, and patrol cars, when

14  authorized by proper governmental agencies; except that the

15  District may not exercise any police power, but may contract

16  with the appropriate local general-purpose government agencies

17  for an increased level of such service within the District

18  boundaries;

19         (t)  To provide systems and facilities for fire

20  prevention and control and emergency medical services,

21  including the construction or purchase of fire stations, water

22  mains and plugs, fire trucks, and other vehicles and equipment

23  consistent with any adopted Palm Beach County ordinance, rule,

24  or regulation if authorized by the county;

25         (u)  To finance, fund, plan, establish, acquire,

26  construct or reconstruct, enlarge or extend, equip, and

27  maintain additional systems and facilities for school

28  buildings and related structures, which may be leased, sold,

29  or donated to the school district for use in the educational

30  system when authorized by the district school board;

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    Florida Senate - 2000        (NP)                      SB 2650
    35-750-00                                          See HB 1559




  1         (v)  To establish and create such departments,

  2  committees, boards, or other agencies, including a public

  3  relations committee, as from time to time the Board of

  4  Supervisors deems necessary or desirable in the performance in

  5  the acts or other things necessary to the exercise of the

  6  powers provided in this act and to delegate to such

  7  departments, boards, or other agencies such administrative

  8  duties and other powers as the Board of Supervisors deems

  9  necessary or desirable; and

10         (w)  To exercise all other powers necessary,

11  convenient, or proper in connection with any of the powers or

12  duties of the District stated in this act. The powers and

13  duties of the District shall be exercised by and through the

14  Board of Supervisors thereof, which board shall have the

15  authority to employ engineers, attorneys, agents, employees,

16  and representatives as the Board of Supervisors, from time to

17  time, determines, and to fix their compensation and duties.

18  However, in addition thereto, the District shall have all of

19  the powers provided for in chapter 298, Florida Statutes, as

20  amended from time to time. All powers and authority of the

21  District shall extend and apply to the District as a whole and

22  to each unit of development as, from time to time, is

23  designated by the Board of Supervisors.

24         (2)  Notwithstanding any authority contained within

25  this section, the development, operation, or maintenance of

26  any District facilities or services shall comply with the

27  adopted comprehensive plan for Palm Beach County and any

28  adopted land development regulations or specialized plans

29  adopted thereunder which apply within the geographic

30  boundaries of the District.

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    Florida Senate - 2000        (NP)                      SB 2650
    35-750-00                                          See HB 1559




  1         Section 6.  Board of Supervisors, organization, powers,

  2  duties, and terms of office.--

  3         (1)  There is created a Board of Supervisors of the

  4  Seminole Improvement District which shall be the governing

  5  body of the District. The Board of Supervisors shall consist

  6  of three persons, who, except as otherwise provided in this

  7  act, shall hold office for the term of 3 years and until their

  8  successors are duly elected and qualified.

  9         (2)  Each year during the month of June, beginning in

10  June 1971, a Supervisor shall be elected, as provided in this

11  act, by the landowners of the District to take the place of

12  the retiring Supervisor. All vacancies or expirations on the

13  board shall be filled as required by this act and chapter 298,

14  Florida Statutes. The Supervisors of the Seminole Improvement

15  District need not be residents of the District or of the State

16  of Florida, and they may or may not be owners of land or

17  property within the District. In case of a vacancy in the

18  office of any Supervisor, the remaining Supervisors may fill

19  such vacancy until the next annual meeting of the landowners,

20  when his or her successor is elected by the landowners for the

21  unexpired term. As soon as practicable after their election,

22  the Board of Supervisors of the District shall organize by

23  choosing one of their number president of the Board of

24  Supervisors and by electing some suitable person secretary,

25  who may or may not be a member of the Board. The Board of

26  Supervisors shall adopt a seal, which shall be the seal of the

27  District. At each annual meeting of the landowners of the

28  District, the Board of Supervisors shall report all work

29  undertaken or completed during the preceding year and the

30  status of the finances of the District.

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    Florida Senate - 2000        (NP)                      SB 2650
    35-750-00                                          See HB 1559




  1         (3)  All Supervisors shall hold office until their

  2  successors are elected and qualified. Whenever any election is

  3  authorized or required by this act to be held by the

  4  landowners at any particular stated time or day, and if for

  5  any reason such election is not or cannot be held at such time

  6  or on such day, the power or duty to hold such election shall

  7  not cease or lapse, but such election shall be held thereafter

  8  as soon as practicable and consistent with this act.

  9         Section 7.  Compensation of Board.--Each Supervisor

10  shall be paid for his or her services a per diem of $25.00 for

11  each day actually engaged in work pertaining to the District.

12  In addition to the per diem, Supervisors shall be paid travel

13  and related expenses at rates authorized by general law for

14  public officials pursuant to chapter 112, Florida Statutes.

15         Section 8.  Meetings of landowners; election of

16  Supervisors.--Each year during the month of June, beginning in

17  1971, a meeting of the landowners of the District shall be

18  held for the purpose of electing a Supervisor to take the

19  place of the retiring Supervisor and hearing reports of the

20  Board of Supervisors. Elections shall be conducted in accord

21  with applicable provisions of chapter 298, Florida Statutes,

22  as amended from time to time.

23         Section 9.  Taxes; non-ad valorem assessments.--

24         (1)  AD VALOREM TAXES.--The Board of Supervisors,

25  subject to referendum approval pursuant to Article VII,

26  section 9 of the State Constitution, shall have the power to

27  levy and assess an ad valorem tax on all the taxable real and

28  tangible personal property in the District to pay the

29  principal of and interest on any general obligation bonds of

30  the District, to provide for any sinking or other funds

31  established in connection with any such bonds, and to pay the

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    Florida Senate - 2000        (NP)                      SB 2650
    35-750-00                                          See HB 1559




  1  costs for construction or maintenance of any of the projects

  2  or activities of the District authorized by the provisions of

  3  this act or applicable general law.  The total amount of such

  4  ad valorem taxes levied in any year shall not be in excess of

  5  10 mills on the dollar per annum on the assessed value of the

  6  taxable property within the District. The ad valorem tax

  7  provided for in this section is in addition to county and

  8  municipal ad valorem taxes provided for by law.

  9         (2)  REFERENDUM REQUIRED.--No residential or related

10  urban development shall be authorized or undertaken pursuant

11  to this act until the referendum required by Article VII,

12  section 9 of the State Constitution is conducted.  Such

13  referendum shall be conducted within 2 years after the

14  effective date of this act at the expense of the District.

15         (3)  NON-AD VALOREM ASSESSMENTS.--Non-ad valorem

16  assessments for the construction, operation, or maintenance of

17  District facilities, services, and operations shall be

18  assessed, levied, and collected pursuant to chapter 298,

19  chapter 170, or chapter 197, Florida Statutes, as amended from

20  time to time.

21         (4)  TAXES, ASSESSMENTS, AND COSTS, A LIEN ON LAND

22  AGAINST WHICH ASSESSED, ETC.--All taxes and assessments

23  provided for in this act, together with all penalties for

24  default in payment of the same, and all costs in collecting

25  the same shall, from the date of assessment thereof until

26  paid, constitute a lien of equal dignity with the liens for

27  county taxes, and other taxes of equal dignity with county

28  taxes, upon all the lands against which such taxes are levied

29  as is provided in this act.

30         (5)  COMPENSATION OF PROPERTY APPRAISER, TAX COLLECTOR

31  AND CLERK OF THE CIRCUIT COURT.--The Offices of the Property

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    Florida Senate - 2000        (NP)                      SB 2650
    35-750-00                                          See HB 1559




  1  Appraiser, Tax Collector and Clerk of the Circuit Court of

  2  Palm Beach County are entitled to compensation for services

  3  performed in connection with taxes and assessments of the

  4  District as provided by general law.

  5         (6)  LEVIES OF NON-AD VALOREM ASSESSMENTS ON LAND LESS

  6  THAN 1 ACRE.--In levying and assessing all assessments, each

  7  tract or parcel of land less than 1 acre in area shall be

  8  assessed as a full acre, and each tract or parcel of land more

  9  than 1 acre in area which contains a fraction of an acre shall

10  be assessed at the nearest whole number of acres, a fraction

11  of one-half or more to be assessed as a full acre.

12         Section 10.  When unpaid taxes and assessments

13  delinquent; penalty.--All taxes and assessments provided for

14  in this act shall be and become delinquent and bear penalties

15  on the amount of such taxes in the same manner as county

16  taxes.

17         Section 11.  Enforcement of taxes and assessments.--The

18  collection and enforcement of all taxes and assessments levied

19  by the District shall be at the same time and in like manner

20  as county taxes, and the provisions of the Florida Statutes

21  relating to the sale of lands for unpaid and delinquent county

22  taxes, the issuance, sale, and delivery of tax certificates

23  for such unpaid and delinquent county taxes, the redemption

24  thereof, the issuance to individuals of tax deeds based

25  thereon, and all other procedure in connection therewith shall

26  be applicable to the District and the delinquent and unpaid

27  taxes of the District to the same extent as if such statutory

28  provisions were expressly set forth in this act. All taxes and

29  assessments shall be subject to the same discounts as county

30  taxes.

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    Florida Senate - 2000        (NP)                      SB 2650
    35-750-00                                          See HB 1559




  1         Section 12.  (1)  ISSUANCE OF REVENUE BONDS, ASSESSMENT

  2  BONDS, AND BOND ANTICIPATION NOTES.--

  3         (a)  In addition to the other powers provided the

  4  District, and not in limitation thereof, the District shall

  5  have the power, pursuant to chapter 298, Florida Statutes, and

  6  applicable general law as amended from time to time, at any

  7  time and from time to time, after the issuance of any bonds of

  8  the District has been authorized, to borrow money for the

  9  purposes for which such bonds are to be issued in anticipation

10  of the receipt of the proceeds of the sale of such bonds and

11  to issue bond anticipation notes in a principal sum not in

12  excess of the authorized maximum amount of such bond issue.

13         (b)  Pursuant to chapter 298, Florida Statutes, and

14  applicable general law, the District shall have the power to

15  issue assessment bonds and revenue bonds, from time to time,

16  without limitation as to amount for the purpose of financing

17  those systems and facilities provided for in section 5. Such

18  revenue bonds may be secured by, or payable from, the gross or

19  net pledge of the revenues to be derived from any project or

20  combination of projects; from the rates, fees, or other

21  charges to be collected from the users of any project or

22  projects; from any revenue-producing undertaking or activity

23  of the District; from special assessments; or from any other

24  source or pledged security. Such bonds shall not constitute an

25  indebtedness of the District, and the approval of the

26  qualified electors shall not be required unless such bonds are

27  additionally secured by the full faith and credit and taxing

28  power of the District.

29         (c)  Any issue of bonds may be secured by a trust

30  agreement by and between the District and a corporate trustee

31  or trustees, which may be any trust company or bank having the

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    Florida Senate - 2000        (NP)                      SB 2650
    35-750-00                                          See HB 1559




  1  powers of a trust company within or without the state. The

  2  resolution authorizing the issuance of the bonds or such trust

  3  agreement may pledge the revenues to be received from any

  4  projects of the District and may contain such provisions for

  5  protecting and enforcing the rights and remedies of the

  6  bondholders as the board approves, including, without

  7  limitation, covenants setting forth the duties of the District

  8  in relation to: the acquisition, construction, reconstruction,

  9  improvement, maintenance, repair, operation, and insurance of

10  any projects; the fixing and revising of the rates, fees, and

11  charges, and the custody, safeguarding, and application of all

12  moneys and for the employment of consulting engineers in

13  connection with such acquisition, construction,

14  reconstruction, improvement, maintenance, repair, or

15  operation.

16         (d)  Bonds of each issue shall be dated; shall bear

17  interest at such rate or rates, including variable rates,

18  which interest may be tax exempt or taxable for federal income

19  tax purposes; shall mature at such time or times from their

20  date or dates; and may be made redeemable before maturity at

21  such price or prices and under such terms and conditions as is

22  determined by the board.

23         (e)  The District shall have the power to issue bonds

24  for the purpose of refunding any outstanding bonds of the

25  District.

26         (2)  GENERAL OBLIGATION BONDS.--

27         (a)  Pursuant to this act, the District shall have the

28  power from time to time to issue general obligation bonds to

29  finance or refinance capital projects or to refund outstanding

30  bonds in an aggregate principal amount of bonds outstanding at

31  any one time not in excess of 35 percent of the assessed value

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    Florida Senate - 2000        (NP)                      SB 2650
    35-750-00                                          See HB 1559




  1  of the taxable property within the District as shown on the

  2  pertinent tax records at the time of the authorization of the

  3  general obligation bonds for which the full faith and credit

  4  of the District is pledged.  Except for refunding bonds, no

  5  general obligation bonds shall be issued unless the bonds are

  6  issued to finance or refinance a capital project and the

  7  issuance has been approved at an election held in accordance

  8  with the requirements for such election as prescribed by the

  9  State Constitution.  Such elections shall be called to be held

10  in the District by the Board of County Commissioners of the

11  County upon the request of the Board of the District.  The

12  expenses of calling and holding an election shall be at the

13  expense of the District, and the District shall reimburse the

14  county for any expenses incurred in calling or holding such

15  elections.

16         (b)  The District may pledge its full faith and credit

17  for the payment of the principal and interest on such general

18  obligation bonds and for any reserve funds provided therefor

19  and must unconditionally and irrevocably pledge itself to ad

20  valorem taxes on all taxable property within the District, to

21  the extent necessary for the payment thereof, without

22  limitations as to greater amount.

23         (c)  If the board determines to issue general

24  obligation bonds for more than one capital project, the

25  approval of the issuance of the bonds for each and all such

26  projects may be submitted to the elector on one and the same

27  ballot.  The failure of the electors to approve the issuance

28  of bonds for any one or more of the capital projects shall not

29  defeat the approval of bonds for any capital project that has

30  been approved by the electors.

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    Florida Senate - 2000        (NP)                      SB 2650
    35-750-00                                          See HB 1559




  1         (d)  In arriving at the amount of general obligation

  2  bonds permitted to be outstanding at any one time pursuant to

  3  paragraph (a), there shall not be included any general

  4  obligation bonds that are additionally secured by the pledge

  5  of:

  6         1.  Special assessments levied in the amount sufficient

  7  to pay the principal and interest on a general obligation bond

  8  so additionally secured, which assessments have been equalized

  9  and confirmed by resolution or ordinance of the board pursuant

10  to section 170.08, Florida Statutes.

11         2.  Water revenues, sewer revenues, or water and sewer

12  revenues of the District to be derived from user fees in an

13  amount sufficient to pay the principal and interest on the

14  general obligation bond so additionally secured.

15         3.  Any combination of assessments and revenues

16  described in subparagraphs 1. and 2.

17         Section 13.  Minimum charter requirements.--

18         (1)  The District is organized and exists for all

19  purposes set forth in this act and chapter 298, Florida

20  Statutes, as they may be amended from time to time.

21         (2)  The powers, functions, and duties of the District

22  regarding ad valorem taxation, bond issuance, other

23  revenue-raising capabilities, budget preparation and approval,

24  liens and foreclosure of liens, use of tax deeds and tax

25  certificates as appropriate for non-ad valorem assessments,

26  and contractual agreements shall be as set forth in chapters

27  170, 189, and 298, Florida Statutes, or any other applicable

28  general or special law, as they may be amended from time to

29  time.

30

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000        (NP)                      SB 2650
    35-750-00                                          See HB 1559




  1         (3)  The District was created by special act of the

  2  Florida Legislature by chapter 70-854, Laws of Florida, in

  3  accordance with chapter 298, Florida Statutes.

  4         (4)  The District's charter may be amended only by

  5  special act of the Legislature.

  6         (5)  In accordance with chapter 189, Florida Statutes,

  7  this act, and section 298.11, Florida Statutes, the District

  8  is governed by a three-member board, elected on a one-acre,

  9  one-vote basis by the landowners in the District.  The

10  membership and organization of the board shall be as set forth

11  in this act and chapter 298, Florida Statutes, as they may be

12  amended from time to time.

13         (6)  The compensation of board members shall be

14  governed by this act and chapter 298, Florida Statutes, as

15  they may be amended from time to time.

16         (7)  The administrative duties of the Board of

17  Supervisors shall be as set forth in this act and chapter 298,

18  Florida Statutes, as they may be amended from time to time.

19         (8)  Requirements for financial disclosure, meeting

20  notices, reporting, public records maintenance, and per diem

21  expenses for officers and employees shall be as set forth in

22  chapters 112, 189, 286, and 298, Florida Statutes, as they may

23  be amended from time to time.

24         (9)  The procedures and requirements governing the

25  issuance of bonds, notes, and other evidence of indebtedness

26  by the District shall be as set forth in chapter 298, Florida

27  Statutes, and applicable general laws, as they may be amended

28  from time to time.

29         (10)  The procedures for conducting District elections

30  and for qualification of electors shall be pursuant to this

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000        (NP)                      SB 2650
    35-750-00                                          See HB 1559




  1  act and chapters 189 and 298, Florida Statutes, as they may be

  2  amended from time to time.

  3         (11)  The District may be financed by any method

  4  established in this act, chapter 298, Florida Statutes, and

  5  applicable general laws.

  6         (12)  The methods for collecting non-ad valorem

  7  assessments, fees, or service charges shall be as set forth in

  8  chapters 197 and 298, Florida Statutes, as they may be amended

  9  from time to time, and other applicable general laws.

10         (13)  The District's planning requirements shall be as

11  set forth in this act.

12         (14)  The District's geographic boundary limitations

13  shall be as set forth in this act.

14         Section 3.  Chapters 70-854 and 88-504, Laws of

15  Florida, are repealed.

16         Section 4.  If any provision of this act or its

17  application to any person or circumstance is held invalid, the

18  invalidity does not affect other provisions or applications of

19  this act which can be given effect without the invalid

20  provision or application, and to this end the provisions of

21  this act are declared severable.

22         Section 5.  In the event of a conflict between the

23  provisions of this act and the provisions of any other act,

24  the provisions of this act shall control to the extent of such

25  conflict.

26         Section 6.  This act shall take effect upon becoming a

27  law.

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