House Bill hb1115

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    Florida House of Representatives - 2001                HB 1115

        By Representative Needelman






  1                      A bill to be entitled

  2         An act relating to Brevard County; providing

  3         for codification of existing special laws

  4         relating to the creation, powers, and duties of

  5         the Melbourne-Tillman Water Control District, a

  6         dependent special district in Brevard County,

  7         as provided in chapters 86-418, 90-401, 91-341,

  8         92-239, and 94-424, Laws of Florida, except as

  9         amended by this act; providing legislative

10         purpose; amending definitions of "District,"

11         "general obligation bonds," and "revenue

12         bonds"; amending scope of revenue sources

13         allowed to be bonded; clarifying provisions

14         relating to liens, collection, and foreclosure

15         to include special assessments and stormwater

16         management user fees; amending liability of

17         District where lands are made available to

18         public for outdoor recreational purposes, as

19         defined therein; providing editorial revisions;

20         establishing obstruction or impeding of a

21         drainage canal or watercourse as a criminal

22         offense; providing for civil damages for

23         obstruction and impeding drainage canal or

24         watercourse; amending, codifying, reenacting,

25         and repealing chapters 86-418, 90-401, 91-341,

26         92-239, and 94-424, Laws of Florida;

27         re-creating the District and re-creating and

28         reenacting the charter; providing an effective

29         date.

30

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

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  1         Section 1.  Pursuant to section 189.429, Florida

  2  Statutes, this act constitutes the codification of all special

  3  acts relating to the Melbourne-Tillman Water Control District.

  4  It 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,

10  including the authority to annually assess and levy against

11  the taxable property in the district a tax not to exceed 0.2

12  mills on the dollar of assessed valuation.

13         Section 2.  Chapters 86-418, 90-401, 91-341, 92-239,

14  and 94-424, Laws of Florida, are amended, codified, reenacted,

15  and repealed as herein provided.

16         Section 3.  The charter for the Melbourne-Tillman Water

17  Control District is re-created and reenacted to read:

18         Section 1.  Legislative intent.--It is hereby declared

19  and determined by the Legislature that a special district

20  within the definition of sections 165.031(5) and

21  200.001(8)(d), Florida Statutes, to be known as the

22  Melbourne-Tillman Water Control District, would be the most

23  responsive, efficient, and effective local government entity

24  to secure, operate, and maintain an adequate, dependable

25  surface water management system within the boundaries set

26  forth in Section 3 herein. It is, therefore, the intent of the

27  Legislature that such special district shall possess the full

28  power and authority to implement, finance, and operate all

29  existing surface water management system facilities, and those

30  to be constructed within the boundaries of the District,

31  subject to being granted all permits required by the laws,

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  1  rules, and regulations of federal, state, and regional

  2  regulatory agencies.

  3         Section 2.  Definitions.--As used in this act:

  4         (1)  "District" means the Melbourne-Tillman Water

  5  Control District, a special district created by this act.

  6         (2)  "Surface water management system" means all

  7  drainage facilities whereby surface waters are collected,

  8  controlled, conveyed, channeled, diverted, impounded,

  9  obstructed, stored, detained, or retained, or other surface

10  water management capabilities or combination of capabilities.

11  The term "facilities" includes all necessary devices,

12  improvements, natural systems, rights-of-way, appurtenant

13  works, and works required to accomplish the above.

14  "Facilities" also includes all dams, levees, berms, weirs,

15  control structures, impoundments, ponds, lakes, streams,

16  canals, ditches, swales, culverts, pipes, subsurface systems

17  of pipes, inlets, and culverts, erosion control, floodways,

18  greenbelts, access and maintenance ways, or similar items to

19  accomplish the above.

20         (3)  "Cost," as applied to the construction or

21  maintenance of a surface water management system, or

22  extensions, additions, or improvements thereto, includes the

23  cost of construction, reconstruction, acquisition, purchase,

24  or replacement; the cost of maintenance, operation, and

25  repair; the cost of all labor, materials, machinery, and

26  equipment; the cost of all lands and interest therein,

27  property, rights, easements, and financing charges; interest

28  prior to and during construction; the creation of initial

29  reserve or debt service funds; bond discount; cost of plans,

30  specifications, surveys, and estimates of costs and revenues;

31  cost of engineering, financial, and legal services, and all

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  1  other expenses necessary or incidental in determining the

  2  feasibility or practicability of such construction,

  3  reconstruction, or acquisition, maintenance, operation, and

  4  repair; administrative expenses; such other expenses as may be

  5  necessary or incidental to financing authorized by this act;

  6  and reimbursement to any municipality, county, or any other

  7  person, firm, or corporation for any moneys advanced to the

  8  District for any expenses incurred by the District in

  9  connection with any of the foregoing items of cost or the

10  creation of the District.

11         (4)  "Revenue bonds" means bonds, notes, or other

12  obligations secured by and payable from the revenue derived

13  from a pledge of the proceeds of special assessments levied

14  against benefited properties and/or stormwater management user

15  fees.

16         (5)  "General obligation bonds" means bonds or other

17  obligations secured by the full faith and credit and taxing

18  power of the District and payable from ad valorem taxes levied

19  and collected on all taxable property within the boundaries of

20  the District, without limitation of rate or amount, and may be

21  additionally secured by the pledge of the proceeds of special

22  assessments levied against benefited property and/or

23  stormwater management user fees.

24         (6)  "City" means the City of Palm Bay and/or the City

25  of West Melbourne, as may be indicated.

26         (7)  "County" means Brevard County.

27         (8)  "Board of Directors" means a seven (7) member

28  board comprising three (3) members appointed by the Brevard

29  County Commission, three (3) members appointed by the City of

30  Palm Bay City Council, and one (1) member appointed by the

31  City of West Melbourne City Council.

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  1         (9)  "Owner," as used in this act, means the owner of

  2  the fee simple estate, as appears by the deed of record, and

  3  it shall not include reversioners, remaindermen, trustees, or

  4  mortgagees, who shall not be counted and need not be notified

  5  by publication, or served by process, but shall be represented

  6  by the present owners of the freehold estate in any proceeding

  7  under this act.

  8         (10)  "Primary" means all existing numbered canals

  9  within District rights-of-way, to include facilities such as

10  dams, weirs, control structures, culverts, pipes, and any

11  future works so designated by the Board.

12         (11)  "Secondary" means all drainage facilities that

13  convey surface water to primary system by crossing District

14  rights-of-way lines.

15         (12)  "Tertiary" means all drainage facilities

16  associated with and located within rights-of-way of public

17  roadways, driveways, parking lots, etc., that convey surface

18  water to secondary systems.

19         Section 3.  Special district.--There is hereby created

20  and incorporated the Melbourne-Tillman Water Control District,

21  a dependent special district, for the purpose of constructing,

22  reconstructing and repairing, maintaining, and operating a

23  surface water management system. The boundaries of the

24  District are:

25

26         All of Township 29 South, Range 36 East, and

27         portions of Township 29 South, Range 37 East,

28         Township 28 South, Range 36 East and Township

29         28 South, Range 37 East in Brevard County,

30         Florida being more particularly described as

31         follows:

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  1

  2         Township 29 South, Range 37 East:

  3

  4         The West 1/2 of Sections 3, 27 and 34, and all

  5         of Sections 4 through 9, 16 through 21, and 28

  6         through 33, and the West 1/2 of the Southwest

  7         1/4 of the Northeast 1/4 of Section 34.

  8

  9         Township 28 South, Range 36 East:

10

11         The South 1/2 of Sections 1 through 5, the

12         Southeast 1/4 of Section 6, and all of Sections

13         7 through 36.

14

15         Township 28 South, Range 37 East:

16

17         The Southwest 1/4 of Section 6, the West 1/2

18         and Southeast 1/4 of Section 7, the West 1/2 of

19         Section 17, the South 1/2 of Section 21, a

20         portion of the Southwest 1/4 of Section 22

21         described as the West 1/2 of the Northwest 1/4

22         of the Southwest 1/4, less Parcel 543, the

23         South 1/2 of Section 27, less a portion of the

24         North 1/2 of the South 1/2 described as the

25         area bounded by the west section line, then

26         southerly along the section line to a point 419

27         feet distant, then easterly to a point along

28         the east section line 450 feet southerly of the

29         midpoint of the east section line, then

30         northerly along the section line to the

31         midpoint of the section line, then westerly to

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  1         the midpoint of the west section line, the

  2         point of beginning, the West 1/2, Northeast 1/4

  3         and a portion of the Southeast 1/4 described as

  4         the North 1/2 of the Southeast 1/4 and Lot 4

  5         and the West 1/2 of Lot 3, all within Section

  6         34, the West 1/2 of the Northwest 1/4 and

  7         Northwest 1/4 of the Southwest 1/4 of Section

  8         35, and all of Sections 18 through 20, and 28

  9         through 33.

10

11  The District shall constitute a dependent special district

12  under the laws of the state.

13         Section 4.  Board of Directors; composition.--The

14  District shall be governed by a seven (7) member Board

15  comprising three (3) members appointed by the Brevard County

16  Commission, three (3) members appointed by the City of Palm

17  Bay City Council, and one (1) member appointed by the City of

18  West Melbourne City Council. The initial Board of Directors

19  shall be appointed in accordance with the above and shall take

20  office on October 1, 1986. Initially, in appointment of

21  members to the Board of Directors, in order to ultimately

22  achieve staggered terms to have continuity, the County and

23  City of Palm Bay shall appoint their three (3) members for

24  terms of one (1) year, two (2) years, and three (3) years,

25  respectively. The City of West Melbourne shall appoint its

26  member for a term of three (3) years. As the initial terms

27  expire, subsequent appointments shall be for full three (3)

28  year terms. The members of the Board of Directors shall be

29  residents of the District during their tenure as members of

30  the Board.

31

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  1         Section 5.  Board of Directors' oath of office.--Each

  2  member, before entering upon his or her official duties, shall

  3  take and subscribe to an oath, before some officer authorized

  4  by law to administer oaths, that he or she will honestly,

  5  faithfully, and impartially perform the duties devolving upon

  6  him or her in office, as a member of the Board of Directors of

  7  the District to which he or she was appointed, and that he or

  8  she will not neglect any of the duties imposed upon him or her

  9  by virtue of acceptance of the office.

10         Section 6.  Organization of Board; compensation of

11  members of Board.--Immediately after their appointment, the

12  Board members shall meet at some convenient place; elect one

13  of their number to serve as president of the Board together

14  with any other officers the Board may choose to elect; and

15  elect as secretary some suitable person, who may or may not be

16  a member of the Board, and who may be required to execute bond

17  for the faithful performance of his or her duties, as the

18  Board members may require. Such Board shall adopt a seal with

19  a suitable device. The members of the Board shall be

20  reimbursed for their traveling expenses pursuant to section

21  112.061, Florida Statutes, but shall receive no compensation

22  for their service.

23         Section 7.  Board of Directors to keep record of

24  proceedings, etc.--The Board of the District shall cause to be

25  kept complete books and records together with minutes of all

26  meetings, proceedings, bonds given by all employees, and any

27  and all corporate acts. The record shall at all usual business

28  times be open to the inspection of anyone interested, whether

29  taxpayer or bondholder.

30         Section 8.  Powers given the Board to effect a surface

31  water management system within District boundaries.--In order

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  1  to responsibly, efficiently, and effectively secure, operate,

  2  and maintain an adequate, dependable surface water management

  3  system, the Board of Directors, consistent with and supportive

  4  of the state water policy, the state water use plan, the state

  5  land development plan, and the regional policy plan, shall:

  6         (1)  Establish a water management system which will

  7  accomplish objectives as follows:

  8         (a)  Prevent damage from flood, soil erosion, and

  9  excessive drainage.

10         (b)  Promote the conservation, development, and proper

11  utilization of surface and ground water.

12         (c)  Preserve natural resources, fish, and wildlife.

13         (d)  Maintain water quality in the District and the

14  receiving waters from the District.

15         (e)  Preserve and protect the natural systems in the

16  District, Turkey Creek, the Indian River, and the St. Johns

17  River.

18         (f)  Purchase and establish conservation areas and

19  passive recreation areas to protect the natural resources,

20  including the sloughs, wetlands, and natural areas, which

21  exist in the District or along the receiving waters, where the

22  District finds it is appropriate for environmental protection

23  or conservation of the natural resources. The District shall

24  utilize the best management practices in implementing and

25  operating its water management system.

26         (2)  Clean out, straighten, open up, widen, or change

27  the course and flow of, alter, or deepen any canal, ditch,

28  drain, river, watercourse, or natural stream; and concentrate,

29  divert, or divide the flow of water in or out of the District

30  boundaries; construct and maintain main and lateral ditches,

31  canals, levees, dikes, dams, sluices, revetments, reservoirs,

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  1  holding basins, floodways, pumping stations and siphons, and

  2  may connect same, or any of them, with any canals, drains,

  3  ditches, levees, or other works that may have been heretofore,

  4  or which may be hereafter, constructed.

  5         (3)  Build and construct any other works and

  6  improvements deemed necessary to preserve and maintain the

  7  works within said District boundaries; acquire, construct,

  8  operate, maintain, use, sell, convey, transfer, or otherwise

  9  provide for pumping stations, including pumping machinery,

10  motive equipment, electric lines, and all appurtenant or

11  auxiliary machines, devices, or equipment; control excessive

12  drainage, reflood lands previously reclaimed, and dechannelize

13  and reverse previous diversions accomplished in the past; all

14  with emphasis upon modern water management principles and

15  standards.

16         (4)  Contract for the purchase, construction,

17  operation, maintenance, use, sale, conveyance, and transfer of

18  the said pumping stations, machinery, motive equipment,

19  electric lines, and appurtenant equipment, including the

20  purchase of electric power and energy for the operation of the

21  same.

22         (5)  Construct or enlarge, or cause to be constructed

23  or enlarged, at its expense, any and all bridges or culverts

24  that are needed in said District, as a result of the

25  construction or modification of the works of the District,

26  across any drain, ditch, canal, floodway, holding basin,

27  excavation, public highway, railroad right-of-way, track,

28  grade, fill, or cut, in or out of said District boundaries;

29  remove any fence, building, or other improvements.

30         (6)  Hold, control, and acquire by donation or purchase

31  and, if need be, condemn any land easement, railroad

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  1  right-of-way, sluice, reservoir, holding basin or franchise,

  2  right-of-way, or holding basin for any of the purposes herein

  3  provided, or material to be used in constructing and

  4  maintaining said works and improvements for implementing

  5  authorized improvements for water management.

  6         (7)  Implement and authorize improvements to the

  7  surface water management plan as may from time to time be

  8  recommended by the engineer and approved and permitted by the

  9  applicable rules and regulations of all state and regional

10  regulatory agencies.

11         (8)  Sue and be sued in the name of the District and

12  restrain, enjoin, or otherwise prevent the violation of this

13  act or of any resolution, rule, or regulation adopted pursuant

14  to the powers granted by this act.

15         (9)  Establish and define, in conjunction with other

16  public entities, all surface water management areas within the

17  boundaries of the District to determine which facilities

18  within surface water management areas of the District shall be

19  maintained by the District. In such establishing and/or

20  defining, the definitions of "primary," "secondary," and

21  "tertiary" in subsections (10), (11), and (12) of Section 3

22  herein shall serve as guidelines in making such determination.

23         (10)  Enter into agreements with other units of

24  government for such units of government to perform any

25  function on behalf of the District which is authorized by this

26  act.

27         (11)  Exercise all of the powers necessary, convenient,

28  incidental, or proper in connection with any of the powers,

29  duties, or purposes authorized by this act.

30         (12)(a)  Levy, assess, and collect an annual stormwater

31  management user fee to carry out the purposes of the District,

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  1  beginning with the 1990-1991 budget year. Such fee must be

  2  just and equitable and shall be based upon the impact that a

  3  given parcel of land imposes on the stormwater management

  4  system.

  5         (b)  A fee may not be finally set by the Board of

  6  Directors or approved by the Board of County Commissioners of

  7  Brevard County during its annual budget review until after a

  8  public hearing is held by the Board of County Commissioners.

  9  The Board of County Commissioners must hold a special public

10  hearing within the boundaries of the District. At the public

11  hearing, all owners of property in the District shall have an

12  opportunity to be heard concerning the proposed fee.

13         (c)  Notice of such public hearing for the 1990-1991

14  budget year must be given in the manner prescribed in

15  subsection (2) of Section 16. Thereafter, notice must be given

16  by publication in a newspaper of general circulation in

17  Brevard County at least 7 days before the date of the hearing.

18  The stormwater management user fee, when established, shall be

19  deemed to be reasonable and necessary to carry out the

20  obligations, responsibilities, and duties of the District. All

21  of the proceeds of the fee are in payment for the use of the

22  District stormwater management system. The fee must be

23  established by resolution of the Board of Directors and

24  approved by a majority vote of the Board of County

25  Commissioners of Brevard County, with each County Commissioner

26  whose county commission residency area lies wholly or

27  partially within the District voting in the affirmative.

28         (d)  The stormwater management user fee structure shall

29  have three land classifications: Residential, Agricultural,

30  and Commercial. The Board of Directors, in establishing the

31  annual fee, must use the Brevard County Land Use Code Index as

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  1  the basis for land classification. The annual stormwater

  2  management user fee shall be levied on the parcels, as the

  3  Brevard County Land Use Code Index has them designated, for

  4  that respective budget year.

  5         For the 1990-1991 budget year, the residential fee may

  6  not exceed $10 per acre or portion thereof, the agricultural

  7  fee may not exceed $3.50 per acre or portion thereof, and the

  8  commercial fee may not exceed $21 per acre or portion thereof.

  9         Thereafter, the stormwater management fee for

10  residential parcels, agricultural parcels, or commercial

11  parcels may not be more than 10 percent above the fee for the

12  preceding year. However, the maximum fee per acre or portion

13  thereof for residential parcels may not exceed $25, the

14  maximum fee per acre or portion thereof for agricultural

15  parcels may not exceed $8.50, and the maximum fee per acre or

16  portion thereof for commercial parcels may exceed $52.50.

17         (13)  Levy and assess ad valorem taxes without

18  limitation of rate or amount on all taxable property within

19  the boundaries of the District for the purpose of paying

20  principal of and interest on any general obligation bonds by

21  the Board of County Commissioners and which may be issued for

22  the purposes of this act after approval of the issuance of

23  such bonds by referendum of the electors.

24         (14)  Levy and impose special assessments against the

25  real property within the boundaries of the District upon a

26  determination that the construction, reconstruction, repair,

27  maintenance, and operation of the surface water management

28  system provides a benefit to such real property. The benefits

29  shall be assessed upon the property specially benefited by the

30  construction of improvements or provision of operation and

31  maintenance services in proportion to the benefits to be

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  1  derived therefrom, and the special benefits shall be

  2  determined and prorated by a method prescribed by the Board of

  3  Directors.

  4         (a)  The Board of Directors, if it elects to assess a

  5  special assessment, shall declare by a resolution the nature

  6  of the proposed improvement or the services provided to

  7  existing improvements, designate the location of the

  8  improvement or the service provided to existing improvements,

  9  and state the part or portion of the expense thereof to be

10  paid by special assessments, the manner in which said

11  assessments shall be made, when said assessments are to be

12  paid, and what part, if any, shall be apportioned to be paid

13  from the funds of the District. The resolution shall also

14  designate the lands upon which the special assessment shall be

15  levied, and, in describing said lands, it shall be sufficient

16  to describe them as "all lands and lots abutting and

17  contiguous to or bounding and abutting upon such improvements,

18  or where services are to be provided to existing improvements

19  specifically benefited thereby and further designated by the

20  assessment plat herein provided for." The resolution shall

21  state the total estimated cost of the improvement or service

22  to be provided to existing improvements. Such estimated cost

23  may include the cost of construction or reconstruction; the

24  cost of all labor and materials; the cost of equipment and

25  maintenance and operation thereof; the cost of all lands,

26  property, rights, and easements acquired; financing charges;

27  interest; cost of all engineering, legal, financial, and other

28  services; all other expenses necessary or incidental to

29  determine the feasibility or practicability of such

30  construction or reconstruction or provision of service;

31  administrative expenses; operating expenses; and such other

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  1  expenses as may be necessary or incidental to the financing

  2  herein authorized.

  3         (b)  Upon the adoption of the resolution, the Board of

  4  Directors shall cause said resolution to be published one time

  5  in a newspaper of general circulation published in Brevard

  6  County.

  7         (c)  Upon the adoption of the resolution, the Board of

  8  Directors shall cause to be made an assessment roll in

  9  accordance with the method of assessment provided for in said

10  resolution, which assessment roll shall be completed and filed

11  with the records of the Board of Directors as promptly as

12  possible. The lots and lands assessed, the amount for the

13  benefit to and the assessment against each lot or parcel, and,

14  if said assessment is to be paid in installments, the number

15  of annual installments in which the assessment is divided

16  shall be entered and shown on said assessment roll.

17         (d)  On the completion of said assessment roll, the

18  Board of Directors shall by resolution fix a time and place at

19  which the owners of the property to be assessed, or any other

20  persons interested therein, may appear before said Board of

21  Directors and be heard as to the propriety and advisability of

22  making such improvements or providing said services, as to the

23  cost thereof, as to the amount of payment therefor, and as to

24  the amount thereof to be assessed against each property so

25  improved. Notice in writing of such time and place shall be

26  given to such property owners.

27         (e)  At a time and place named in the notice provided

28  for in paragraph (d), the Board of Directors of the District

29  shall meet as an equalization board to hear and consider any

30  and all complaints as to the special assessments and shall

31  adjust and equalize the assessments on the basis of justice

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  1  and right. After the special assessments are so equalized and

  2  approved by resolution, such assessments shall stand confirmed

  3  and, until paid, shall remain legal, valid, and binding first

  4  liens upon the property against which such assessments are

  5  made; however, upon completion of the improvement, acquisition

  6  of equipment, or provision of service, the Board of Directors

  7  shall credit to each of the assessments the difference in the

  8  assessment as originally made, approved, and confirmed and the

  9  proportionate part of the actual cost of the improvement,

10  equipment, or service to be paid by special assessments as

11  finally determined on the completion of the improvement or

12  service, but in no event shall the final assessments exceed

13  the amount of benefits originally assessed. Promptly after

14  confirmation, the assessments shall be recorded in the public

15  records of Brevard County and the record of the lien shall

16  constitute prima facie evidence of its validity.

17         (f)  The special assessments shall be payable at the

18  time and in the manner stipulated in the resolution

19  authorizing the improvement, equipment, or service. Such

20  assessments shall remain liens, coequal with the lien of all

21  state, county, or other district taxes, and municipal taxes,

22  and superior in dignity to all other liens, titles, and

23  claims, until paid. Such assessments shall bear interest at a

24  rate prescribed by the Board of Directors in the resolution

25  which it adopts.

26         (g)  Each annual installment provided for shall be paid

27  upon the date specified in said resolution, with interest upon

28  all deferred payments, until the entire amount of said

29  assessment has been paid, and, on the failure of any property

30  owner to pay any annual installment due or any part thereof,

31  or any annual interest on deferred payments, the Board of

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  1  Directors shall cause to be brought the necessary legal

  2  proceedings to enforce payment thereof with all accrued

  3  interest and penalties, together with all legal costs

  4  incurred, including a reasonable attorney's fee, to be

  5  assessed as part of the costs, and, in the event of default in

  6  the payment of any installments of any assessment or any

  7  accrued interest on said installment, the whole assessment,

  8  with the interest and penalties thereon, shall immediately

  9  become due and payable and subject to foreclosure. In the

10  foreclosure of any special assessment, service of process

11  against unknown or nonresident defendants may be had by

12  publication as now provided by law. The foreclosure

13  proceedings shall be prosecuted to a sale and conveyance of

14  the property involved in said proceedings as now provided by

15  law in suits to foreclose mortgages.

16         (h)  If any special assessment made under the

17  provisions of this section to defray the whole or any part of

18  the expense of any improvement or provision of any service is

19  either in whole or in part annulled, vacated, or set aside by

20  the judgment of any court, or if the Board of Directors of the

21  District is satisfied that any such assessment is so irregular

22  or defective that the same cannot be enforced or collected, or

23  if the Board of Directors omitted to make such assessment when

24  it might have done so, the Board shall take all necessary

25  steps to cause a new assessment to be made for the whole or

26  any part of any improvement or service provided or against any

27  property benefited by any improvement or service provided,

28  following as nearly as possible the provisions of this act,

29  and, in case such second assessment shall be annulled, said

30  Board of Directors may obtain and make other assessments until

31  a valid assessment is made.

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  1         (i)  An informality or any irregularity in the

  2  proceedings in connection with the levy of any special

  3  assessment under this act shall not affect the validity of the

  4  same where the assessment roll has been confirmed by the Board

  5  of Directors, and the assessment roll as finally approved and

  6  confirmed shall be competent and sufficient evidence that the

  7  assessment was duly levied, that the assessment was duly made

  8  and adopted, and that all other proceedings adequate to the

  9  adoption of said assessment roll were duly had, taken, and

10  performed as required by this act; no variance from the

11  directions hereunder shall be held material unless it is

12  clearly shown that the party objecting was materially injured

13  thereby.

14         Section 9.  The Board of Directors to establish

15  budget.--The present Board of Directors of the

16  Melbourne-Tillman Water Control District shall establish a

17  proposed budget to be submitted to the Brevard County

18  Commission by July 1, 1986, to provide the initial operating

19  expenses until such time as the District receives revenue from

20  user fees, taxes, and/or special assessments as provided

21  herein. The term "operating expenses" means all contemplated

22  capital and operating costs and expenses of the District

23  necessary to carry out any of the purposes of the District

24  provided under this act. The initial proposed budget shall be

25  modified or approved by the Brevard County Commission at the

26  times and in the manner in which the annual County budget is

27  approved by the Board of County Commissioners of Brevard

28  County. Thereafter, the Board of Directors of the new District

29  shall establish an annual operating expense budget for each

30  fiscal year, which shall commence on the first day of October

31  and terminate on the last day of September of the next year.

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  1  The Board of Directors shall adopt a tentative annual

  2  operating expense budget prior to July 1 of each year, to be

  3  approved by the Board of County Commissioners in the manner

  4  contemplated under section 200.001(8)(d), Florida Statutes,

  5  and deliver a copy of such tentative annual operating expense

  6  budget to the Board of County Commissioners of Brevard County,

  7  to the City Council of the City of Palm Bay, and to the City

  8  Council of the City of West Melbourne. Such budget shall be

  9  modified or approved by the Brevard County Commission at the

10  times and in the manner in which the annual County budget is

11  approved by the Board of County Commissioners of Brevard

12  County.

13         Section 10.  Appointment of engineers, attorneys,

14  accountants, surveyors, financial or other experts, District

15  manager, and other agents and employees.--The Board of

16  Directors shall appoint such engineers, attorneys,

17  accountants, treasurer, surveyors, financial or other experts,

18  and other agents and employees as the District may require or

19  the Board of Directors deems necessary to effectuate the

20  purpose of this act as set forth herein. The persons,

21  partnerships, or corporations so appointed or agents and

22  employees so employed shall perform such duties and have such

23  responsibilities as they may from time to time be given or

24  assigned by the Board of Directors. The terms and conditions,

25  including compensation, under which such appointment or

26  employment is undertaken shall be, except for employees of the

27  District, evidenced by an agreement in writing.

28         Section ll.  Appointment and duties of treasurer of

29  District.--The Board of Directors shall select and appoint

30  some competent person, or bank or trust company organized

31  under the laws of the state, as treasurer of the District, who

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  1  shall receive and receipt for the taxes collected by the

  2  county collector or collectors. Said treasurer shall give bond

  3  in such amount as shall be fixed by the Board of Directors,

  4  conditioned that he or she will well and truly account for and

  5  pay out, as provided by law, all moneys received by him or her

  6  as taxes from the county collector, and the proceeds from tax

  7  sales for delinquent taxes, and from any other source whatever

  8  on account or claim of said District, which bond shall be

  9  signed by at least two sureties, or by some surety or bonding

10  company, approved and accepted by said Board of Directors.

11  Said treasurer shall keep all funds received by him or her

12  from any source whatever deposited at all times in some bank,

13  banks, or trust company to be designated by the Board of

14  Directors. All interest accruing on such funds shall, when

15  paid, be credited to the District. The Board shall audit or

16  have audited the books of the said treasurer of the District

17  at least once each year and make a report thereof at a

18  regularly scheduled meeting in November of each year, and

19  publish a statement within 30 days thereafter, showing the

20  amount of money received, the amount paid out during such

21  year, and the amount in the treasury at the beginning and end

22  of the year. A certified copy of said annual audit shall be

23  filed with the state auditor, the County, and the Cities.

24         Section 12.  Board may remove officers and

25  employees.--The Board of Directors may at any time remove any

26  officer, attorney, engineer, employee, or agent appointed or

27  employed by said Board within the bounds of any agreement with

28  such person, firm, partnership, or corporation.

29         Section 13.  When existing system inadequate, Board has

30  power to make new plans.--In the event that the Board of

31  Directors determines that the existing water management system

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  1  of the District is inadequate to accomplish the purposes set

  2  forth in this act, the Board shall proceed to develop and

  3  adopt new plans for modifying its surface water management

  4  system, assess for benefits, and apportion and levy taxes as

  5  follows:

  6         (1)  The Board shall cause to be made by the District

  7  engineer, or such other engineers as the Board may employ for

  8  that purpose, complete and comprehensive water management and

  9  control plans for all or a portion of the lands located within

10  the District that will be improved in any part or in whole by

11  any system of facilities that may be outlined and adopted, and

12  the engineer shall make a report in writing to the Board with

13  maps and profiles of said surveys and an estimate of the cost

14  of carrying out and completing the plans.

15         (2)  Upon the completion of such plans, the Board shall

16  hold a hearing thereon to hear objections thereto, shall give

17  notice of the time and place fixed for such hearing by

18  publication once each week for two (2) consecutive weeks in a

19  newspaper of general circulation published in the general area

20  of the District, and shall permit the inspection of the plan

21  at the office of the District by all persons interested. All

22  objections to the plan shall be filed at or before the time

23  fixed in the Notice of Hearing and shall be in writing.

24         (3)  After the hearing, the Board shall consider the

25  proposed plan and any objections thereto and may modify,

26  reject, or adopt the plan or continue the hearings to a day

27  certain for further consideration of the proposed plan or

28  modifications thereof.

29         (4)  When the Board approves a plan, a resolution shall

30  be adopted and a certified copy thereof shall be filed in the

31

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  1  office of the secretary and incorporated by him or her into

  2  the records of the District.

  3         Section 14.  Board may issue bonds; procedures.--The

  4  District is authorized to provide from time to time for the

  5  issuance of revenue bonds and general obligation bonds of the

  6  District to pay all or any part of the cost of a surface water

  7  management system, improvements thereto, and any structures

  8  necessary to support said system. The principal of and

  9  interest on any such bonds shall be payable from revenue

10  sufficient to pay the bond in the manner provided in the bond

11  by the District, and may be secured by the full faith and

12  credit and taxing power of the District and payable from ad

13  valorem taxes levied and collected on all taxable property

14  within the boundaries of the District in the manner provided

15  in this act and the resolution authorizing such revenue bonds

16  and all general obligation bonds. Revenue bonds may also be

17  issued and secured by the pledge of special assessments and/or

18  stormwater management user fees levied pursuant to this act.

19  Any bonds which pledge the full faith and credit and ad

20  valorem taxing power of the District shall be submitted to the

21  qualified voters within the boundaries of the District as

22  required by the State Constitution. Said bonds may be

23  authorized by resolution or resolutions of the District, which

24  may be adopted at the same meeting at which they are

25  introduced by a majority of all the members thereof then in

26  office and need not be published or posted. Said bonds shall

27  bear interest at a rate or rates without limitation, except as

28  provided by law, as determined by resolution of the Board, may

29  be in one or more series, may bear such date or dates and may

30  mature at any time or times not exceeding forty (40) years

31  from their respective dates, may be payable in such medium of

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  1  payment, at such place or places within or without the state,

  2  may carry such registration privileges, may be subject to such

  3  terms of prior redemption, with or without premium, may be

  4  executed in such manner, may contain such terms, covenants,

  5  and conditions, and may be in such form otherwise as such

  6  resolution or subsequent resolutions shall provide. Said bonds

  7  may be sold or exchanged for refunding bonds, or delivered to

  8  contractors in payment for any part of the work or

  9  improvements financed by such bonds, or delivered in exchange

10  for any properties, either real, personal, or mixed, to be

11  acquired for such works or improvements, all at a time or in

12  blocks from time to time, in such manner as the District in

13  its discretion shall determine. Pending the preparation of the

14  definitive bonds, interim certificates or receipts or

15  temporary bonds in such form and with such provisions as the

16  District may determine may be issued to the purchaser or

17  purchasers of the bonds issued hereunder. Said bonds and such

18  interim certificates or receipts or temporary bonds shall be

19  fully negotiable and shall be and constitute negotiable

20  instruments within the meaning of and for all purposes of the

21  law merchant and the uniform commercial code of the state or

22  transferability may be subject to registration. The proceeds

23  of the sale of any such bonds shall be used solely for the

24  payment of the costs of the construction of a surface water

25  management system, any structures necessary to support said

26  system, or the reconstruction or construction or acquisition

27  of extensions, improvements, and additions thereto, and shall

28  be disbursed in such manner and under such restrictions as the

29  District may provide in the authorizing resolution. The

30  District may also provide for the replacement of any bonds

31  which become mutilated or are destroyed or lost, upon proper

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  1  indemnification. A resolution providing for the issuance of

  2  revenue bonds or general obligation bonds may also contain

  3  such limitations upon the issuance of additional bonds secured

  4  on a parity with the bonds theretofore issued, as the District

  5  may deem proper, and such additional bonds shall be issued

  6  under such authorizing resolution.

  7         Section 15.  Bonds issued secured by liens on lands

  8  benefited; assessment and collection of taxes may be

  9  enforced.--All bonds issued by the Board under the provisions

10  of this act shall be secured by a lien on all lands and other

11  property benefited, and the Board shall see to it that a tax

12  and/or assessment is levied annually and collected under the

13  provisions of this act, so long as it may be necessary to pay

14  any bond issued or obligation contracted under its authority;

15  and the making of said assessment and collection may be

16  enforced by mandamus.

17         Section 16.  Collection of stormwater management user

18  fees, assessments, or taxes.--

19         (1)  Annual stormwater management user fees,

20  assessments, or taxes levied under this act shall become due

21  and be collected during each year at the same time that county

22  taxes are due and collected, and said annual levy shall be

23  evidenced to and certified by the Board not later than August

24  31 of each year to the property appraiser of Brevard County.

25  Said fee, assessment, or tax shall be extended by the county

26  property appraisers on the county tax rolls and shall be

27  collected by the tax collectors in the same manner and time as

28  county taxes and the proceeds thereof paid to said District.

29  Said fee, assessment, or tax shall be a lien until paid on the

30  property against which assessed and enforceable in like manner

31  as county taxes.

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  1         (2)  On the completion of said assessment roll, the

  2  Board of Directors shall by resolution fix a time and place at

  3  which the owners of the property to be assessed, or any other

  4  persons interested therein, may appear before said Board and

  5  be heard as to the propriety and advisability of making such

  6  improvements or providing said services, as to the cost

  7  thereof, as to the amount of payment therefor, and as to the

  8  amount thereof to be assessed against each property so

  9  improved. Notice in writing of such time and place shall be

10  given to such property owners. Such notice may be given by

11  placing in the U.S. Postal Service, at least ten (10) days

12  prior to such hearing, a copy of such notice to each property

13  owner at his or her last known address, the names and

14  addresses of such property owners to be obtained from the

15  records of the county property appraiser or from such other

16  sources the Board deems reliable. The proof of such mailing

17  shall be made by an affidavit of the president of the Board of

18  Directors, said proof to be filed with the minutes of the

19  Board. Failure to mail said notice or notices shall not

20  invalidate any of the proceedings herein. Notice of the time

21  and place of such hearing shall also be given by two (2)

22  publications, a week apart, in a newspaper of general

23  circulation in Brevard County. The last publication shall be

24  at least seven (7) days prior to the date of the hearing. Said

25  notice, which shall be published, shall contain a map showing

26  the general area which will be specially benefited and shall

27  contain the name and the amount to be assessed against each

28  piece or parcel of property.

29         Section 17.  When unpaid fees, assessments, and taxes

30  delinquent; penalty.--All fees, assessments, and taxes

31  provided for in this act shall be due and become delinquent

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  1  and bear penalties on the amount of said fees, assessments,

  2  and taxes in the same manner as county taxes.

  3         Section 18.  Property appraisers and tax collectors;

  4  compensation; characterization of services.--

  5         (1)  The office of the property appraiser of the county

  6  where taxes are assessed on the county tax roll by the county

  7  property appraiser shall be paid an amount equal to one (1)

  8  percent of the total of taxes of the District assessed within

  9  his or her county, except errors, and one (1) percent on

10  delinquent taxes when redeemed. The office of the tax

11  collector of the county shall be paid an amount equal to one

12  (1) percent of the total of taxes of the District collected,

13  and one (1) percent upon delinquent taxes when collected.

14         (2)  The services of the offices of the property

15  appraiser and tax collector in assessing and collecting such

16  District taxes are hereby declared to be special services

17  performed directly for the District, and any payment therefor

18  shall not be considered a part of the general income of the

19  office nor come under the provisions of section 116.03,

20  Florida Statutes. The personnel required to do said special

21  work shall be paid for such special services from the receipts

22  provided in subsection (1).

23         Section 19.  Fees, assessments, and taxes and costs a

24  lien on land against which fees, assessments, and taxes

25  levied.--All fees, assessments, and taxes provided for in this

26  act, together with all penalties for default in payment of the

27  same, all costs in collecting the same, including a reasonable

28  attorney's fee fixed by the court and taxed as costs in the

29  action brought to enforce payment, shall, from the date of

30  assessment of same until paid, constitute a lien of equal

31  dignity with the liens for state and county taxes, and other

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  1  taxes of equal dignity with state and county taxes, upon all

  2  the lands against which such fees, assessments, and taxes

  3  shall be levied as is provided in this act.

  4         Section 20.  District fees, assessments, and taxes;

  5  delinquent; discounts, etc.--The collection and enforcement of

  6  all fees, assessments, and taxes levied by said District shall

  7  be at the same time and in like manner as county taxes, and

  8  the provisions of the Florida Statutes relating to the sale of

  9  lands for unpaid and delinquent county taxes, the issuance,

10  sale, and delivery of tax certificates for such unpaid and

11  delinquent county taxes, the redemption thereof, the issuance

12  to individuals of tax deeds based thereon, and all other

13  procedures in connection therewith shall be applicable to said

14  District and the delinquent and unpaid taxes of said District

15  to the same extent as if said statutory provisions were

16  expressly set forth in this act. All fees, assessments, and

17  taxes shall be subject to the same discounts as county taxes.

18         Section 21.  Lands may be acquired for rights-of-way

19  and other purposes.--The District may acquire by gift,

20  purchase, exchange, donation, or condemnation any lands within

21  or without the said District for canal rights-of-way or for

22  other general purposes of the said District, and if acquired

23  by condemnation, the procedure shall be as prescribed in

24  chapters 73 and 74 of the Florida Statutes.

25         Section 22.  Obstruction of drainage canals, etc.,

26  prohibited; damages; civil and criminal penalties.--No person

27  may willfully, or otherwise, obstruct any canal, drain, ditch,

28  or watercourse or damage or destroy any surface water

29  management facility within the District boundaries.

30         (1)  Any person who shall willfully obstruct any canal,

31  drain, ditch, or watercourse or shall damage or destroy any

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  1  water control or management facility constructed by the

  2  District shall be liable to any person injured thereby for the

  3  full amount of the injury occasioned to any land or other

  4  property by reason of such misconduct, and shall be liable to

  5  the District constructing the said work for double the cost of

  6  removing such obstruction or repairing such damage.

  7         (2)  Whoever shall willfully or otherwise obstruct any

  8  canal, drain, ditch, or watercourse, or impede or obstruct the

  9  flow of water therein, or shall damage or destroy any water

10  control facility existing within the District boundaries,

11  shall be guilty of a misdemeanor of the first degree as

12  provided in sections 775.082 and 775.083, Florida Statutes,

13  and punishable as provided therein.

14         Section 23.  Modifications.--Any individual,

15  corporation, or governmental entity within the boundaries of

16  the District is prohibited from undertaking any permanent

17  modification, alteration, or improvement to the surface water

18  management system as they drain into the works of the District

19  without the approval of the District. The District shall

20  approve or disapprove any request for approval within 60 days

21  after the receipt of such request and adequate information to

22  evaluate the specific request.

23         Section 24.  Expanded functions.--The Board of

24  Directors may request that the function of the District be

25  expanded. Said expanded functions shall be provided for by

26  special act of the Legislature.

27         Section 25.  District boundaries.--The Board of

28  Directors of the District may expand or contract the

29  boundaries of the District or merge with another District by

30  special act of the Legislature.

31

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  1         Section 26.  Legislative intent.--It is the intent of

  2  the Legislature that the authority created by this act is a

  3  dependent special district within the definition of section

  4  200.001(8)(d), Florida Statutes, and not an independent

  5  special district within the provisions of section 190.049,

  6  Florida Statutes, and sections 165.031(5) and 200.001(8)(e),

  7  Florida Statutes, or any other applicable provision of general

  8  law. In recognition of such legislative intent, it is hereby

  9  declared that the provisions of section 190.049, Florida

10  Statutes, and sections 165.022 and 165.041, Florida Statutes,

11  or any other applicable provision of general law shall not be

12  construed or interpreted to prohibit or restrict the creation

13  of the District by special law. Pursuant to the language of

14  section 200.001(8)(d), Florida Statutes, it is the intent of

15  the Legislature that the millage of the District shall be

16  included in the millage computation of Brevard County as

17  provided by law.

18         Section 27.  Suits against the District.--Any suit or

19  action brought or maintained against the District for damages

20  arising out of tort, including, without limitation, any claim

21  arising upon account of an act causing an injury or loss of

22  property, personal injury, or death, shall be subject to the

23  limitations provided in section 768.26, Florida Statutes, and

24  this act.

25         Section 28.  Exemption of District property from

26  execution.--All District property shall be exempt from levy

27  and sale by virtue of an execution, and no execution or other

28  judicial process shall issue against such property except as

29  may be provided for in other sections of the Florida Statutes,

30  nor shall any judgment against the District be a charge or

31  lien on its property or revenues; however, nothing contained

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  1  herein shall apply to or limit the rights of bondholders to

  2  pursue any remedy for the enforcement of any lien or pledge

  3  given by the District in connection with any of the bonds or

  4  obligations of the District.

  5         Section 29.  Reservation of rights and obligations.--It

  6  is the express intent of this act to preserve and transfer

  7  over to the District created by this act simultaneously with

  8  the effective date any and all causes of action, suits,

  9  claims, counter-claims, demands, contracts, moneys due or

10  owed, liens, agreements, rights, judgments, and settlements

11  which the prior district had or has against all persons,

12  firms, or corporations or which any and all persons, firms, or

13  corporations may have against the prior district operating

14  under chapter 298, Florida Statutes. The District shall

15  recognize permits previously approved by the Melbourne-Tillman

16  Water Control District, as well as those which have been or

17  will be approved by the District prior to October 1, 1986,

18  provided construction has commenced on the permitted facility

19  in accordance with those plans and specifications and further

20  that construction has begun prior to October 1, 1991.

21         Section 30.  When any reference herein is made to any

22  gender, such reference shall be deemed to include either

23  masculine, feminine, or neuter, as appropriate, and any

24  reference herein to any number shall be deemed to include both

25  singular and plural where the context of this act shall permit

26  or require.

27         Section 31.  (1)  The purpose of this section is to

28  encourage Melbourne-Tillman Water Control District to make

29  available land to the public for outdoor recreational purposes

30  by limiting its liability to persons going thereon and to

31

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  1  third persons who may be damaged by the acts or omissions of

  2  persons going thereon.

  3         (2)  Except as provided in subsection (4), if the

  4  District provides the public with land for outdoor

  5  recreational purposes, or allows access to District lands for

  6  outdoor recreational purposes, it owes no duty of care to keep

  7  the land safe for entry or use by others or to give warnings

  8  to persons entering or going on such land of any hazardous

  9  conditions, structures, or activities thereon. The District,

10  when providing land for outdoor recreational purposes, does

11  not, by providing that land, extend any assurance that such

12  land is safe for any purpose, does not incur any duty of care

13  toward a person who goes on the land, and is not responsible

14  for any injury to persons or property caused by an act or

15  omission of a person who goes on that land. This subsection

16  does not apply if there is any charge made or usually made for

17  entering or using the land, or if any commercial or other

18  activity from which profit is derived from the patronage of

19  the public is conducted on any such land or any part thereof.

20         (3)(a)  Except as provided in subsection (4), if the

21  District leases any land to any other governmental entity for

22  outdoor recreational purposes, or enters into a joint use

23  agreement of any kind, or provides access for outdoor

24  recreational purposes, the District owes no duty of care to

25  keep that land safe for entry or use by others or to give

26  warning to persons entering or going on that land of any

27  hazardous conditions, structures, or activities thereon. If

28  the District leases or enters into a joint use or similar

29  agreement regarding any of its land with any other

30  governmental entity for outdoor recreational purposes, the

31  District does not, by giving such lease or agreement, extend

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  1  any assurance that such land is safe for any purpose, incur

  2  any duty of care toward a person who goes on the leased land

  3  or land subject to the joint use or similar agreement, and is

  4  not responsible for any injury to persons or property caused

  5  by any act or omission of a person who goes on the land

  6  subject to any lease or joint use or similar agreement.

  7         (b)  This subsection applies to any person going on the

  8  leased land or land subject to a joint use or similar

  9  agreement, irrespective of whether the person goes as an

10  invitee, licensee, or trespasser or in any other capacity.

11         (4)  This section does not relieve the District of any

12  liability that would otherwise exist for gross negligence or a

13  deliberate, willful, or malicious injury to a person or

14  property. This section does not create or increase the

15  liability of the District or person beyond that which is

16  authorized by section 768.28, Florida Statutes.

17         (5)  The term "outdoor recreational purposes," as used

18  herein, includes bicycling, hiking, and canoeing or activities

19  similar thereto.

20         Section 4.  In the event any section or provision of

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

22  determination shall not affect the validity of or

23  enforceability of each other section and provision of this

24  act.

25         Section 5.  In the event of a conflict of the

26  provisions of this act with the provisions of any other act

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

28  conflict.

29         Section 6.  Chapters 86-418, 90-401, 91-341, 92-239,

30  and 94-424, Laws of Florida, are repealed.

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    Florida House of Representatives - 2001                HB 1115

    785-101A-01






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