House Bill 0927er

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  1

  2         An act relating to the Captiva Erosion

  3         Prevention District; codifying and reenacting

  4         the district's charter, chapter 71-730, Laws of

  5         Florida, as amended; providing legislative

  6         intent; validating the district as a beach and

  7         shore preservation authority under the

  8         provisions of chapter 161, Florida Statutes;

  9         providing definitions; defining the boundaries

10         of the district; providing for the general

11         powers of the district; providing for the

12         election of the district governing board;

13         providing for a district beach and shore

14         preservation program; providing for benefit

15         categories or zones; providing for the levy and

16         collection of ad valorem taxes on all taxable

17         property within the district; providing for

18         issuance of general obligation bonds; providing

19         for the levy of special assessments against

20         land specially benefitted within the district;

21         providing for the issuance of bonds and other

22         evidence of indebtedness with referendum

23         approval; providing for refunding bonds;

24         providing for additional power to contract;

25         providing for severability; providing for

26         effect in cases of conflict; providing for

27         repeal of prior special acts relating to the

28         Captiva Erosion Prevention District; providing

29         an effective date.

30

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


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  1         Section 1.  Pursuant to chapter 97-255, Laws of

  2  Florida, this act constitutes the codification of all special

  3  acts relating to the Captiva Erosion Prevention District.  It

  4  is the intent of the Legislature in enacting this law to

  5  provide a single, comprehensive special act charter for the

  6  district, including all current legislative authority granted

  7  to the district by its several legislative enactments and any

  8  additional authority granted by this act.  It is further the

  9  intent of this act to preserve all district authority and

10  powers.

11         Section 2.  Chapters 71-730, 76-403, 81-413, and

12  88-449, Laws of Florida, relating to the Captiva Erosion

13  Prevention District, are codified, reenacted, amended, and

14  repealed as herein provided.

15         Section 3.  The Captiva Erosion Prevention District is

16  re-created as an independent special shore preservation

17  district and the charter for such district is re-created and

18  reenacted to read:

19         Section 1.  Legislative Finding; Validation of

20  District.--The Captiva Erosion Prevention District is hereby

21  declared to be a valid and existing beach and shore

22  preservation district re-created and reestablished under the

23  provisions of section 161.32, Florida Statutes, and shall

24  exercise powers and duties of a beach and shore preservation

25  authority and independent special district in the geographic

26  area defined in Section 3, as provided for by this act.

27         Section 2.  Definitions.--In construing this act, where

28  the context does not clearly indicate otherwise, the word,

29  phrase, or term:

30         (1)  "District" means the Captiva Erosion Prevention

31  District.


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  1         (2)  "County" means Lee County, Florida.

  2         (3)  "District Board" means the duly elected Board of

  3  Commissioners constituting the governing body of the District.

  4         (4)  "Erosion Prevention Projects" or "Project" shall

  5  mean and shall include any seawalls, groins, breakwaters,

  6  bulkheads, fills, and other works, structures, equipment or

  7  other facilities used for beach renourishment or erosion

  8  control as defined by s. 161.021(3), Florida Statutes, and in

  9  each case necessary or useful in the protection of the lands,

10  including beaches, within the District from tidal action and

11  other causes of beach and coastal erosion.

12         (5)  "Cost" as applied to the construction,

13  reconstruction or improvement of Erosion Prevention Projects

14  shall include the cost of construction and reconstruction; the

15  cost of improvement of property; the cost of all labor,

16  materials, machinery and equipment; the cost of all lands and

17  interests therein, real or personal property, rights,

18  easements and franchises of any nature whatsoever; financing

19  charges; interest prior to, during, and for a period of not to

20  exceed 1 year after completion of construction; the cost of

21  plans, specifications, surveys, and estimates of costs and

22  revenues; the cost of engineering, financial and legal

23  services; the cost of preparing special assessment rolls and

24  levying special assessments; and all other expenses necessary

25  or incidental to such construction, reconstruction or

26  improvement or related to the issuance of bonds in connection

27  with the financing thereof; and administrative expenses and

28  all other expenses as may be necessary or incidental to

29  accomplishing the purpose of this act.

30         (6)  "Notice by Publication" shall mean publication of

31  a notice or resolution of the District Board in a newspaper of


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  1  general circulation in the County not less than 10 days before

  2  any meeting, hearing or other act for which notice  to the

  3  public or notice to affected persons is required by this act.

  4         (7)  "Notice by Mail" shall mean mailing by United

  5  States mail a notice or resolution of the District Board or

  6  advisory committee to the persons affected, at their addresses

  7  shown on the County tax rolls, not less than 10 days before

  8  any meeting or hearing.

  9         (8)  "Gulffront Lands" shall mean real property

10  contiguous to or abutting the waters or beaches of the Gulf of

11  Mexico in the County, publicly or privately owned, upon fair

12  and equitable principles, which is specifically benefitted by

13  the construction, maintenance or operation of any Erosion

14  Prevention Project or restoration of eroded beaches.

15         Section 3.  Boundaries of District.--The territorial

16  boundaries of the District shall be all of Captiva Island,

17  Florida, more particularly described as follows:

18

19         Commence at the corner common to sections 2,3,

20         10 & 11, T. 46 S., R. 21 E., Lee Co., Florida;

21         thence run Easterly along the South line of

22         said sec. 2 to its intersection of the

23         centerline of Blind Pass and the Northerly

24         limits of the City of Sanibel, said

25         intersection is the P.O.B. of the parcel or

26         tract herein described. From said P.O.B. run

27         Southwesterly along said centerline of Blind

28         Pass and Northerly limits of the City of

29         Sanibel to a point in the Gulf of Mexico which

30         lies 300' from the M.H.T. line of Captiva

31         Island; thence run Northwesterly along the


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  1         Meanders of a line in the Gulf of Mexico that

  2         lies 300' from and parallel to said M.H.T. line

  3         of Captiva Island to its intersection with the

  4         centerline of Redfish Pass; thence run Easterly

  5         along said centerline of Redfish Pass to a

  6         point 300' from the M.H.T. line of the Easterly

  7         shore of Captiva Island in the waters of Pine

  8         Island Sound; thence run Southeasterly along

  9         the meanders of a line in the waters of Pine

10         Island Sound that lies 300' from and parallel

11         to the M.H.T. line of Captiva Island to its

12         intersection with the centerline of Roosevelt

13         Channel; thence run Southerly along the

14         Meanders of said centerline of Roosevelt

15         Channel to its intersection with aforementioned

16         centerline of Blind Pass and the Northerly

17         limits of the City of Sanibel; thence run

18         Southwesterly along said centerline of Blind

19         Pass and Northerly limits of the City of

20         Sanibel to the P.O.B.

21

22         Section 4.  Powers of the District.--The District may:

23         (1)  Sue and be sued.

24         (2)  Adopt and use a common seal and alter the same at

25  pleasure.

26         (3)  Purchase, hold, lease, sell, or otherwise acquire

27  and convey such real and personal property, and interests

28  therein, as may be necessary or proper to carry out the

29  purposes of this act.

30         (4)  Make rules for its own government and proceedings.

31


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  1         (5)  Contract for services of engineers, attorneys,

  2  accountants, financial or other consultants, and such other

  3  agents and employees as the District Board may require or deem

  4  necessary to accomplish the purposes of this act in accordance

  5  with the competitive bidding requirements for beach and shore

  6  preservation authorities created under chapter 161, Florida

  7  Statutes.

  8         (6)  Develop and execute a logical and suitable program

  9  for comprehensive beach and shore preservation as defined by

10  section 161.021(2), Florida Statutes, relating to the use and

11  maintenance of the beaches and sand dunes which may be

12  important to their preservation and enjoyment.

13         (7)  Construct, reconstruct, or improve Erosion

14  Prevention Projects in and for the District.

15         (8)  Borrow funds from time to time necessary to carry

16  out the purposes of this act.

17         (9)  Exercise the power of eminent domain in the manner

18  as provided by general law for beach and shore preservation

19  authorities created under chapter 161, Florida Statutes.

20         (10)  Exercise jurisdiction, control, and supervision

21  over the construction of any Erosion Prevention Project,

22  constructed or to be constructed by any person, firm, or

23  corporation, public or private, within the District and to

24  make and enforce such rules and regulations for the

25  maintenance and operation of any such Projects as may in the

26  judgment of the District Board be necessary or desirable for

27  the efficient operation of such Project and for accomplishing

28  the purposes of this act.

29         (11)  Restrain, enjoin, or otherwise prevent any

30  person, firm, or corporation, public or private, from

31  establishing or constructing any Erosion Prevention Project


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  1  within the District without the prior written approval of the

  2  District Board. Application for such approval shall be made in

  3  writing to the District Board in accordance with rules and

  4  regulations promulgated by the District Board for that

  5  purpose.

  6         (12)  Restrain, enjoin, or otherwise prevent the

  7  violation of any provision of this act or of any resolution,

  8  rule, or regulation adopted pursuant to the powers granted by

  9  this act.

10         (13)  Make and enter into all contracts and agreements

11  as the District Board may determine necessary or incidental to

12  the performance of its duties and to the execution of its

13  powers under this act, including, but not limited to,

14  contracts with the United States of America, the State of

15  Florida, counties, municipalities, and other political

16  subdivisions.

17         (14)  Pay from funds available to the District under

18  this act all reasonable and necessary expenses incurred in

19  carrying out the purposes of this act, including reimbursement

20  of actual travel expenses of members of the District Board or

21  their properly designated agents incurred in connection with

22  the performance of their official duties upon approval by the

23  District Board.

24         (15)  Receive and accept from any source, including,

25  but not limited to the United States of America, the State of

26  Florida, counties, municipalities, and other political

27  subdivisions, grants for or in aid of the construction,

28  maintenance, or operation of any Erosion Prevention Project or

29  part thereof and to receive and accept aid or contributions

30  from any source of either money, property, labor, or other

31  things of value to be held, used, and applied only for the


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  1  purposes for which such grants or contributions may be made

  2  and to carry out the purposes of this act.

  3         (16)  Pursuant to section 161.36, Florida Statutes,

  4  enter upon private property for purposes of making surveys,

  5  soundings, drillings, and examinations, and such entry shall

  6  not be deemed a trespass.

  7         Section 5.  Election of the District Board.--

  8         (1)  The business and affairs of the District shall be

  9  conducted and administered by a board of five Commissioners

10  who shall constitute the Captiva Erosion Prevention District

11  Board and shall be qualified electors residing within the

12  District.  The members of the Board shall each serve a period

13  of 4 years unless removed for cause by the Governor of Florida

14  and shall receive no compensation.

15         (2)  The five members of the District Board shall be

16  elected by the qualified electors residing within the

17  District. Members whose current terms expire in November 2000

18  shall serve until November 2001. Members whose current terms

19  expire in November 2001 shall serve until November 2002.

20  Subsequent elections of District Board members under this act

21  shall be on the first Tuesday next succeeding the first Monday

22  in November of even-numbered years.

23         (3)  Candidates seeking election to the District Board

24  shall qualify between noon of the 50th day and noon of the

25  46th day prior to the election. A candidate seeking election

26  to the District Board must qualify by paying a filing fee of

27  $25 or by obtaining the signatures of at least 3 percent of

28  the qualified electors residing within the District on a

29  petition to be verified by the Lee County Supervisor of

30  Elections. Any candidates seeking election to the District

31  Board will open a depository and appoint a campaign treasurer


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  1  before accepting any contributions or expending any funds for

  2  the purpose of seeking election to the District Board.

  3  However, if the only campaign expenditure of a candidate

  4  seeking election to the District Board is the fee required for

  5  the checking of signatures on the petition for filing, and the

  6  candidate accepts no contributions and expends no other

  7  campaign funds, it will not be necessary to open a campaign

  8  depository.

  9         (4)  The costs of all elections or referendums

10  conducted by the Captiva Erosion Prevention District shall be

11  borne by the District. If a vacancy occurs on the Board due to

12  the resignation, death, or removal of a Board member, the

13  remaining members may appoint a qualified person to fill out

14  the remainder of the unexpired term. Notification of all

15  resignations, vacancies, or appointments shall be filed with

16  the Lee County Supervisor of Elections. The Lee County

17  Supervisor of Elections may conduct any referendum or

18  election, if authorized by resolution of the Board.

19         Section 6.  Comprehensive Beach and Shore Preservation

20  Program.--The District shall develop and adopt a comprehensive

21  beach and shore preservation program for the area within its

22  jurisdiction.  This program may incorporate all or part of

23  recommendations of the Unites States Army Corps of Engineers

24  and the state Department of Environmental Protection

25  concerning beach and shore restoration and erosion control and

26  may additionally provide to an appropriate extent for other

27  aspects of beach and shore preservation.  In conducting its

28  studies and making its plan for beach and shore preservation,

29  the District Board shall hold sufficient public hearings to

30  ascertain the views and feelings of affected property owners

31  in the various parts of the District regarding the needs to be


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  1  served and the manner in which they shall best be served.  The

  2  Board shall give proper and reasonable consideration to all

  3  evidence received in the planning of the beach and shore

  4  preservation program.

  5         Section 7.  Benefit Categories or Zones.--Upon adoption

  6  of a reasonably final plan of improvement for beach and shore

  7  preservation within the District, the Board shall conduct,

  8  through the use of personnel competent and qualified in this

  9  field, an economic analysis of the proposed program,

10  determining the nature and extent of benefits expected to

11  accrue from the program and allocating those benefits to their

12  proper recipients by categories or zones of comparable

13  benefits, or follow such other method as may be deemed

14  suitable for the purpose of this act. The District Board shall

15  conduct in the same or similar manner a new economic analysis

16  from time to time to better determine and allocate actual or

17  expected benefits.

18         Section 8.  Ad Valorem Taxes.--The District Board shall

19  have the power to levy and assess an ad valorem tax not

20  exceeding 10 mills on all taxable property in the District to

21  pay for the maintenance, operation, and other corporate

22  purposes of the District, to pay the principal of an interest

23  on any general obligation bonds of the District, and to

24  provide for any sinking or other funds established in

25  connection with any such bonds.  That portion of the ad

26  valorem taxes used for operations, maintenance, and other

27  corporate purposes of the District shall not exceed 5 mills

28  during any one year.

29         Section 9.  General Obligation Bonds.--

30         (1)  The District Board, for and on behalf of the

31  District, is authorized to provide from time to time for the


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  1  issuance of bonds to obtain funds to meet such costs of

  2  capital projects as may be required by the beach and shore

  3  preservation program; provided, however, that such issuance

  4  shall have been first approved at a duly conducted referendum

  5  election by the electors of the District as provided by

  6  general law.

  7         (2)  The total cumulative indebtedness of the District

  8  incurred by any and all bond issues, including general

  9  obligation, special assessment, refunding, or any other bonds,

10  shall not exceed $27,500,000. Hereafter, this figure shall be

11  adjusted annually based upon the percentage increase in the

12  Consumer Price Index in the preceding year.

13         Section 10.  Special Assessments.--

14         (1)  The District may provide for the construction or

15  reconstruction of an Erosion Prevention Project or Projects

16  and for the levying of special assessments upon benefitted

17  property. The initial proceeding hereunder shall be the

18  passage at any lawful meeting of the District Board of a

19  resolution ordering the construction or reconstruction of such

20  Projects under and subject to the provisions of this section,

21  indicating the location and either giving a description of the

22  Projects by their material, nature, character, and size or

23  giving two or more such descriptions with the direction that

24  the material, nature, character and size shall be subsequently

25  determined in conformity with one of such descriptions. The

26  resolution ordering any such Project may give any short and

27  convenient designation to each Project ordered thereby, after

28  which it shall be sufficient to refer to such Project and

29  property by such designation in all proceedings and

30  assessments, except in the notices provided by subsections 6

31  and 10.


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  1         (2)  The District Board shall divide the District's

  2  lands into major categories and zones to appropriately

  3  determine the benefit to lands from the construction,

  4  maintenance and operation of Erosion Prevention Projects and

  5  beach restoration.  The Legislature finds and determines that

  6  all Gulffront Lands in the District are directly and specially

  7  benefitted by the construction, operation, and maintenance of

  8  Erosion Prevention Projects in the category and zone in which

  9  such Gulffront Lands are situated.  The District may also

10  determine that categories or zones that do not constitute

11  Gulffront Lands may be benefitted by the construction,

12  maintenance, and operation of Erosion Prevention Projects.

13         (3)  As soon as may be practicable after the passage of

14  the resolution described in subsection (1), the engineer for

15  the District shall prepare, in duplicate, plans and

16  specification of each Erosion Prevention Project ordered

17  thereby and an estimate of the Cost thereof.  Such Cost may

18  include the printing and publishing of notices and

19  proceedings, costs of abstracts of title, and any other

20  expense necessary or proper in conducting the proceedings and

21  work provided for in this section, including the estimated

22  amount of discount, if any, upon the sale of assessment bonds

23  or other obligations issued hereunder for which such special

24  assessments are to be pledged.

25         (4)  If the resolution shall provide alternative

26  descriptions of material, nature, character, and size, such

27  estimate shall include an estimate of the cost of the

28  improvement of each such description.

29         (5)  The District shall cause to be prepared, in

30  consultation with the engineer, a tentative apportionment of

31  the estimated total cost as between the District and the


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  1  Gulffront Lands and other lands that may be specially

  2  benefitted and subject to special assessment under the

  3  resolution, such apportionment to be made in accordance with

  4  the provisions of this section relating to the apportionment

  5  of cost in the preliminary assessment roll. Such tentative

  6  apportionment of estimated cost shall not be held to limit or

  7  restrict the duties of the engineer in the preparation of such

  8  preliminary roll. One of the duplicates of such plan,

  9  specification, and estimates and such tentative apportionment

10  shall be filed with the District Board and the other duplicate

11  shall be retained by the engineer in his or her files, all of

12  which shall be open and subject to public inspection, upon

13  request.

14         (6)  The District Board, upon the filing with it of

15  such plans, specifications, estimates, and tentative

16  apportionment of cost, shall give Notice by Publication that

17  at a regular meeting of the District Board on a certain day

18  and hour, not earlier than ten (10) days from the publication

19  of the notice, the District Board will hear objections of all

20  interested persons to the confirmation of such resolution.

21  This notice shall state in brief and general terms a

22  description of the proposed Projects with the location thereof

23  and shall also state that plans, specifications, estimates,

24  and tentative apportionment of cost thereof are on file in the

25  office of the District and the engineer of the District. It

26  shall be the duty of the District Board to provide Notice by

27  Mail to any person, firm, or corporation whose specially

28  benefitted lands shall be affected at such address as shown on

29  the last available tax roll, at least ten (10) days before the

30  time for the hearing as stated in such notice.

31


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  1         (7)  At the time named in such notice, or to which an

  2  adjournment may be taken by the District Board, the District

  3  Board shall receive any objections of interested persons to

  4  the confirmation of such resolution with such amendments, if

  5  any, as may be desired by the District Board and which do not

  6  cause any additional lands to be specially assessed.

  7         (8)  All objections to such resolution on the ground

  8  that it contains items which cannot be properly assessed

  9  against property, or that it is, for any default or defect in

10  the passage or character of the resolution or the plans or

11  specifications or estimate, void or voidable in whole or in

12  part, shall be made in writing, in person or by attorney, and

13  filed with the District Board at or before the time of such

14  hearing.

15         (9)  Promptly after the completion of the Project, the

16  District shall cause to be prepared a preliminary assessment

17  roll, which roll shall be filed with the District and contain

18  the following:

19         (a)  A description of the lands within the District

20  which will benefit from the Erosion Prevention Project and the

21  amount of such benefits to each lot or parcel of land. Such

22  lots and parcels shall include all property, whether publicly

23  or privately owned.  There may also be given, in the

24  discretion of the District, the name of the owner of record of

25  each lot or parcel of such lands, where practicable.

26         (b)  The total Cost of the Project, and the amount of

27  all other expense relating to the Project whether direct or

28  incidental.

29         (c)  An apportionment between the benefitted lots and

30  parcels, uniform in each category or zone, by one of the

31  following methods:


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  1         1.  Upon an ad valorem basis as to lands in a specific

  2  zone or category.

  3         2.  Upon a front-foot basis of lineal feet of land in a

  4  specific zone or category.

  5         3.  Upon an area or square-foot basis as to all lands

  6  in a specific zone or category.

  7         4.  Upon any other fair and equitable basis according

  8  to the special benefits received by the lands in a specific

  9  zone or category.

10         (10)  The preliminary roll shall be advisory only and

11  shall be subject to the action of the District Board as

12  hereinafter provided. Upon the filing with the District Board

13  of the preliminary assessment roll, the District Board shall

14  provide Notice by Publication stating that at a meeting of the

15  District Board to be held on a certain day and hour, not less

16  than ten (10) days from the date of publication of the notice,

17  which meeting may be a regular, adjourned or special meeting,

18  all interested persons may appear and file written objections

19  to the confirmation of such roll. Such notice shall describe

20  the Erosion Prevention Project and the location thereof. Such

21  meeting of the District Board shall be the first regular

22  meeting following the completion of the notice herein

23  required, unless the district Board shall have provided for a

24  special meeting for such purpose.

25         (11)  At the time and place stated in such notice, the

26  District Board shall meet and receive the objections in

27  writing of all interested persons as stated in such notice.

28  The District Board may adjourn the hearing from time to time.

29  After the completion thereof the District Board shall either

30  annul or sustain or modify in whole or in part the preliminary

31  assessment as indicated on such roll, either by resolution


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  1  confirming the preliminary assessment against any and all

  2  lands described therein, or by resolution canceling,

  3  increasing, or reducing the same, according to the special

  4  benefits which the District Board decides each lot or parcel

  5  of lands has received or will receive on account of such

  6  Project. If any lands which may be chargeable under this

  7  section shall have been omitted from the preliminary roll or

  8  if the preliminary assessment shall not have been made against

  9  it, the District Board may place on such roll an apportionment

10  to such property. The District Board shall not confirm any

11  assessment in excess of the special benefits to the property

12  assessed, and the assessments so confirmed shall be in

13  proportion to the special benefits. If the assessment against

14  any lands shall be sustained or reduced or abated by the

15  court, the county property appraiser shall note that fact on

16  the assessment roll opposite the description of the property

17  affected thereby. The amount of the special assessment against

18  any lot or parcel which may be abated by the court, unless the

19  assessment upon the entire District is abated, or the amount

20  by which such assessment is so reduced, may be, by resolution

21  of the District Board, made chargeable against the District at

22  large; or, in the discretion of the District Board, a new

23  assessment roll may be prepared and confirmed in the manner

24  hereinabove provided for the preparation and confirmation of

25  the original assessment roll.

26         (12)  Any assessment may be paid without interest at

27  the office of the District on or before 60 days from the date

28  of the publication of the notice. All assessments shall be

29  payable in equal annual installments over a period not to

30  exceed 20 years, with interest to the extent permitted by then

31  existing applicable law, at a rate per annum equal to 2


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  1  percent per annum over the interest rate on any bonds issued

  2  to finance the Project or Projects for which such special

  3  assessments have been levied, at the time specified by

  4  resolution of the District Board.

  5         (13)  All assessments shall constitute a lien upon the

  6  property so assessed from the date of confirmation of the

  7  resolution ordering the Project of the same nature and to the

  8  same extent as the lien for general county taxes falling due

  9  in the same year or years in which such assessment or

10  installments thereof fall due, and any assessment or

11  installment not paid when due shall be collectible in the same

12  manner and at the same time as such general taxes are or may

13  be collectible, with the same attorney's fees, interest, and

14  penalties and under the same provisions as to forfeiture and

15  the right of the District to purchase the property assessed as

16  are or may be provided by law in the case of county taxes;

17  provided, that no such sale of any property for general county

18  taxes or for an installment or installments of any such

19  assessment and no perfecting of title under any such sale

20  shall divest the lien of any installment of such assessment

21  not due at the time of the sale. Collection of such

22  assessments, with such interest and with a reasonable

23  attorney's fee and costs, but without penalties, may also be

24  made by the District by proceedings in a court of equity to

25  foreclose the lien of assessments as a lien for mortgages is

26  or may be foreclosed under the laws of the State; or by an

27  action in rem against the lands upon which such special

28  assessments are liens; provided that any such proceedings to

29  foreclose shall embrace all installments of principal

30  remaining unpaid with accrued interest thereon, which

31  installments shall, by virtue of the institution of such


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  1  proceedings, immediately become and be due and payable.

  2  Nevertheless, if, prior to any sale of the property under

  3  decree of foreclosure in such proceedings, payment be made of

  4  the installment or installments which are shown to be due

  5  under the provisions of the resolution passed pursuant to

  6  subsection (11), with interest as required by subsection (12),

  7  and by this subsection , and all costs, including attorney's

  8  fees, such payment shall have the effect of restoring the

  9  remaining installments to their original maturities as

10  provided by the resolution passed pursuant to subsection (11),

11  and the proceedings shall be dismissed. It shall be the duty

12  of the District to enforce the prompt collection of

13  assessments by one or the other of the means herein provided,

14  and such duty may be enforced at a suit of any holder of

15  special assessment bonds issued under this act in a court of

16  competent jurisdiction by mandamus or other appropriate

17  proceedings or action. Not later than 30 days after the annual

18  sale of property for delinquent taxes of the County, or if

19  such property or taxes are not sold by the County, then within

20  60 days after such taxes become delinquent, it shall be the

21  duty of the District Board to direct the attorney or attorneys

22  who the District Board shall then designate to institute

23  action within 3 months after such direction to enforce the

24  collection of all special assessments for Projects made under

25  this section and remaining due and unpaid at the time of such

26  direction, unless theretofore sold at tax sale. Such action

27  shall be prosecuted in the manner and under the conditions in

28  and under which mortgages are foreclosed under the laws of the

29  State. It shall be lawful to join in one action the collection

30  of assessments against any or all property assessed by virtue

31  of the same assessment roll unless the court shall deem such


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  1  joinder prejudicial to the interest of any defendant. The

  2  court shall allow a reasonable attorney's fee for the attorney

  3  or attorneys of the District, and the same shall be

  4  collectible as a part of or in addition to the costs of the

  5  action. At any sale pursuant to decree in any such action, the

  6  District may be a purchaser to the same extent as an

  7  individual person or corporation, except that the part of the

  8  purchase price represented by the assessments sued upon and

  9  the interest thereon need not be paid in cash. Property so

10  acquired by the District, including the certificate of sale

11  thereof, may be sold or otherwise disposed of, for cash or

12  upon terms, the proceeds of such disposition to be placed in

13  the fund provided by subsection (14); provided, that no sale

14  or other disposition thereof shall be made unless Notice by

15  Publication shall have been given.

16         (14)  All assessments and charges made under the

17  provisions of this section for the payment of all or any part

18  of the cost of any Erosion Prevention Projects for which bonds

19  shall have been issued under the provisions of this act are

20  hereby pledged to the payment of the principal of and the

21  interest on such bonds and shall when collected be placed in a

22  separate fund, properly designated, which fund shall be used

23  for no other purpose than the payment of such principal and

24  interest.

25         (15)  Each school district and other political

26  subdivision wholly or partly within the District and each

27  public agency or instrumentality owning specially benefitted

28  lands within the District shall possess the same power and be

29  subject to the same duties and liabilities in respect of

30  assessment under this section affecting the real estate of the

31  county, district, political subdivision, or public agency or


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  1  instrumentality which private owners of such lands possess or

  2  are subject to hereunder, and such real estate shall be

  3  subject to liens for said assessments in all cases where the

  4  same property would be subject had it at the time the lien

  5  attached been owned by a private owner.

  6         (16)  Any special assessment bonds or program for the

  7  financing of the construction, reconstruction, or maintenance

  8  of erosion prevention projects, or any combination of

  9  financing for such projects which includes assessments against

10  property within the district shall be authorized only with the

11  approval of a majority of the qualified electors residing in

12  the district voting in a referendum election to be called by

13  the district board in accordance with the provisions of

14  general law.

15         Section 11.  The District issuance of bonds, notes,

16  bond anticipation notes, or other evidence of indebtedness.--

17         (1)  The District may issue general obligation bonds,

18  assessment bonds, revenue bonds, notes, bond anticipation

19  notes, or other evidences of indebtedness to finance all or a

20  part of any proposed improvements authorized to be undertaken

21  under this act or under general or special law. The bonds

22  shall be issued in such denominations, mature on such dates

23  and in such amounts, and may be subject to optional and

24  mandatory redemption as determined by resolutions adopted by

25  the District Board. Bonds of the District may bear interest at

26  a fixed or floating or adjustable rate and may be issued as

27  interest bearing, interest accruing bonds, or zero coupon

28  bonds at such rate or rates, not exceeding the maximum rate

29  permitted by general law, as determined by resolutions by the

30  District Board. Principal and interest shall be payable in the

31  manner determined by the District Board. The bonds shall be


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  1  signed by manual or facsimile signature of the chair or

  2  vice-chair of the District Board, attested with the seal of

  3  the District and by the manual or facsimile signature of the

  4  secretary of the District Board.

  5         (2)  The bonds shall be payable from the non-ad valorem

  6  assessments or other non-ad valorem revenues, including,

  7  without limitation, user fees or charges or other income

  8  authorized to be levied or collected or received pursuant to

  9  this act or general law. General obligation bonds payable from

10  ad valorem taxes may also be issued by the District, but only

11  after compliance with s. 10, Art. VII of the State

12  Constitution. Subject to referendum approval, a district may

13  pledge its full faith and credit for the payment of principal

14  and interest on such general obligation bonds and for any

15  reserve funds provided therefor and may unconditionally and

16  irrevocably pledge itself to levy ad valorem taxes on all

17  property in the district to the extent necessary for the

18  payment thereof. The District is authorized, after notice and

19  opportunity to be heard has been afforded to those affected,

20  to impose, charge, and collect non-ad valorem revenues in

21  connection with any of the improvements authorized under this

22  act and to pledge the same for the payment of bonds.

23         (3)  In connection with the sale and issuance of the

24  bonds, the District may enter into any contracts which the

25  District Board determines to be necessary or appropriate to

26  achieve a desirable effective interest rate in connection with

27  the bonds by means of, but not limited to, contracts commonly

28  known as investment contracts, funding agreements, interest

29  rate swap agreements, currency swap agreements, forward

30  payment conversion agreements, futures, or contracts providing

31  for payments based on levels of, or changes in, interest


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  1  rates, or contracts to exchange case flows or a series of

  2  payments, or contracts, including, without limitation,

  3  options, puts, or calls to hedge payment, rate, spread, or

  4  similar exposure. Such contracts or arrangements may also be

  5  entered into by the District in connection with, or incidental

  6  to, entering into any agreement which secures bonds or

  7  provides liquidity therefor. Such contracts and arrangements

  8  shall be made upon the terms and conditions established by the

  9  District Board, after giving due consideration for the credit

10  worthiness of the counter parties, where applicable, including

11  any rating by a nationally recognized rating service or any

12  other criteria as may be appropriate.

13         (4)  In connection with the sale and issuance of the

14  bonds, or entering into any of the contracts or arrangements

15  referred to in subsection (3), the District may enter into

16  such credit enhancement or liquidity agreements, with such

17  payment, interest rate, security, default, remedy, and any

18  other terms and conditions as the District Board shall

19  determine.

20         (5)  Notwithstanding any provisions of law relating to

21  the investment or reinvestment of surplus funds of any

22  governmental unit, proceeds of the bonds and any money set

23  aside or pledged to secure payment of the principal of,

24  premium, if any, and interest on the bonds, or any of the

25  contracts entered into pursuant to subsection (3), may be

26  invested in securities or obligations described in the

27  resolution providing for the issuance of bonds.

28         (6)  The bonds shall be sold in any manner not

29  inconsistent with general law, shall show the purpose for

30  which they are issued, and shall be payable out of the money

31  pledged therefore. The funds derived from the sale of said


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  1  bonds or any of them shall be used for the purpose of paying

  2  the cost of the services or improvements and such costs,

  3  expenses, fees, and salaries as may be authorized by law.

  4         (7)  Non-ad valorem assessments or any portion thereof

  5  levied to pay principal on bonds issued pursuant to this act

  6  with respect to improvements financed therewith shall not

  7  exceed the benefits assessed regarding such works or

  8  improvements. If the bonds are sold at a discount, the amount

  9  of the discount shall be treated as interest, not as

10  principal. Premiums payable upon the redemption of bonds shall

11  also be treated as interest. Interest to accrue on account of

12  issuing bonds shall not be construed as a part of the costs of

13  the works or improvements in determining whether or not the

14  costs of making such improvements are equal to, or in excess

15  of, the benefits assessed. If the property appraiser and tax

16  collector deduct their fees and charges from the amount of

17  non-ad valorem assessments levied and collected, and if the

18  landowners receive the statutorily permitted discount for

19  early payment of such non-ad valorem assessments, the amount

20  of such fees, charges, and discount shall not be included in

21  the amount of non-ad valorem assessments levied by the

22  District in determining whether such assessments are equal to,

23  or in excess of, the benefits assessed.

24         Section 12.  Refunding Bonds.--The District may,

25  whenever in the judgment of the District Board it is advisable

26  and in the best interests of the landowners in the District,

27  issue bonds to refund any or all of the then outstanding

28  bonded indebtedness of the District. The principal amount of

29  refunding bonds may be in any amount not in excess of the

30  benefits assessed against the lands with respect to which the

31  refunded bonds were issued less the principal amount of the


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  1  refunded bonds previously paid from non-ad valorem

  2  assessments. The proceeds of such refunding bonds shall be

  3  used only to pay the principal, premium, if any, and interest

  4  on the bonds to be refunded, any discount or expense of the

  5  sale of the refunding bonds, and to provide a debt service

  6  reserve fund for the refunding bonds. The District may also

  7  use other available revenues to pay costs associated with the

  8  issuance or administration of the refunding bonds. Assessments

  9  shall be levied for the payment of the refunding bonds in the

10  same manner as the assessments levied for the refunded bonds

11  and the refunding bonds shall be secured by the same lien as

12  the refunded bonds, and any additional interest which accrues

13  on account of the refunding bonds shall be included and added

14  to the original assessment and shall be secured by the same

15  lien, provided any interest accrued shall not be considered as

16  a part of the cost of construction in determining whether the

17  assessment exceeds the benefits assessed. No proceedings shall

18  be required for the issuance of bonds or refunding bonds other

19  than those provided by this section and by general law. No

20  approval of the qualified electors residing in the District

21  shall be required for the issuance of refunding bonds except

22  in cases where such approval is required by the Florida

23  Constitution.

24         Section 13.  Additional Power to Contract.--The

25  District Board may contract with the County or any county

26  contiguous to the County or municipality or district in such

27  county to aid, assist, supervise, or direct an erosion

28  prevention program of such county, municipality, or district.

29  Provided, however, that the funds of the District collected in

30  the County as herein provided shall not be used in connection

31  with the performance of such services. The District Board is


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  1  authorized to accept reasonable compensation from the

  2  contiguous counties, municipalities, or districts of such

  3  counties in connection with the performance of such services.

  4         Section 4.  Chapters 71-730, 76-403, 81-413, and

  5  88-449, Laws of Florida, are repealed.

  6         Section 5.  In the event any section or provision of

  7  this act is determined to be invalid or unenforceable, such

  8  determination shall not affect the validity or enforceability

  9  of each other section and provision of this act.

10         Section 6.  In the event of a conflict of the

11  provisions of this act with the provisions of any other act,

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

13  conflict.

14         Section 7.  This act shall take effect upon becoming a

15  law.

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