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1
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15 and repealed as herein provided.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 provide for
16 an annual financial audit of the accounts and records of the
17 District and make a report thereof at a regularly scheduled
18 meeting in November of each year.
19 Section 12. Board may remove officers and
20 employees.--The Board of Directors may at any time remove any
21 officer, attorney, engineer, employee, or agent appointed or
22 employed by said Board within the bounds of any agreement with
23 such person, firm, partnership, or corporation.
24 Section 13. When existing system inadequate, Board has
25 power to make new plans.--In the event that the Board of
26 Directors determines that the existing water management system
27 of the District is inadequate to accomplish the purposes set
28 forth in this act, the Board shall proceed to develop and
29 adopt new plans for modifying its surface water management
30 system, assess for benefits, and apportion and levy taxes as
31 follows:
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1 (1) The Board shall cause to be made by the District
2 engineer, or such other engineers as the Board may employ for
3 that purpose, complete and comprehensive water management and
4 control plans for all or a portion of the lands located within
5 the District that will be improved in any part or in whole by
6 any system of facilities that may be outlined and adopted, and
7 the engineer shall make a report in writing to the Board with
8 maps and profiles of said surveys and an estimate of the cost
9 of carrying out and completing the plans.
10 (2) Upon the completion of such plans, the Board shall
11 hold a hearing thereon to hear objections thereto, shall give
12 notice of the time and place fixed for such hearing by
13 publication once each week for two (2) consecutive weeks in a
14 newspaper of general circulation published in the general area
15 of the District, and shall permit the inspection of the plan
16 at the office of the District by all persons interested. All
17 objections to the plan shall be filed at or before the time
18 fixed in the Notice of Hearing and shall be in writing.
19 (3) After the hearing, the Board shall consider the
20 proposed plan and any objections thereto and may modify,
21 reject, or adopt the plan or continue the hearings to a day
22 certain for further consideration of the proposed plan or
23 modifications thereof.
24 (4) When the Board approves a plan, a resolution shall
25 be adopted and a certified copy thereof shall be filed in the
26 office of the secretary and incorporated by him or her into
27 the records of the District.
28 Section 14. Board may issue bonds; procedures.--The
29 District is authorized to provide from time to time for the
30 issuance of revenue bonds and general obligation bonds of the
31 District to pay all or any part of the cost of a surface water
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1 management system, improvements thereto, and any structures
2 necessary to support said system. The principal of and
3 interest on any such bonds shall be payable from revenue
4 sufficient to pay the bond in the manner provided in the bond
5 by the District, and may be secured by the full faith and
6 credit and taxing power of the District and payable from ad
7 valorem taxes levied and collected on all taxable property
8 within the boundaries of the District in the manner provided
9 in this act and the resolution authorizing such revenue bonds
10 and all general obligation bonds. Revenue bonds may also be
11 issued and secured by the pledge of special assessments and/or
12 stormwater management user fees levied pursuant to this act.
13 Any bonds which pledge the full faith and credit and ad
14 valorem taxing power of the District shall be submitted to the
15 qualified voters within the boundaries of the District as
16 required by the State Constitution. Said bonds may be
17 authorized by resolution or resolutions of the District, which
18 may be adopted at the same meeting at which they are
19 introduced by a majority of all the members thereof then in
20 office and need not be published or posted. Said bonds shall
21 bear interest at a rate or rates without limitation, except as
22 provided by law, as determined by resolution of the Board, may
23 be in one or more series, may bear such date or dates and may
24 mature at any time or times not exceeding forty (40) years
25 from their respective dates, may be payable in such medium of
26 payment, at such place or places within or without the state,
27 may carry such registration privileges, may be subject to such
28 terms of prior redemption, with or without premium, may be
29 executed in such manner, may contain such terms, covenants,
30 and conditions, and may be in such form otherwise as such
31 resolution or subsequent resolutions shall provide. Said bonds
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1 may be sold or exchanged for refunding bonds, or delivered to
2 contractors in payment for any part of the work or
3 improvements financed by such bonds, or delivered in exchange
4 for any properties, either real, personal, or mixed, to be
5 acquired for such works or improvements, all at a time or in
6 blocks from time to time, in such manner as the District in
7 its discretion shall determine. Pending the preparation of the
8 definitive bonds, interim certificates or receipts or
9 temporary bonds in such form and with such provisions as the
10 District may determine may be issued to the purchaser or
11 purchasers of the bonds issued hereunder. Said bonds and such
12 interim certificates or receipts or temporary bonds shall be
13 fully negotiable and shall be and constitute negotiable
14 instruments within the meaning of and for all purposes of the
15 law merchant and the uniform commercial code of the state or
16 transferability may be subject to registration. The proceeds
17 of the sale of any such bonds shall be used solely for the
18 payment of the costs of the construction of a surface water
19 management system, any structures necessary to support said
20 system, or the reconstruction or construction or acquisition
21 of extensions, improvements, and additions thereto, and shall
22 be disbursed in such manner and under such restrictions as the
23 District may provide in the authorizing resolution. The
24 District may also provide for the replacement of any bonds
25 which become mutilated or are destroyed or lost, upon proper
26 indemnification. A resolution providing for the issuance of
27 revenue bonds or general obligation bonds may also contain
28 such limitations upon the issuance of additional bonds secured
29 on a parity with the bonds theretofore issued, as the District
30 may deem proper, and such additional bonds shall be issued
31 under such authorizing resolution.
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1 Section 15. Bonds issued secured by liens on lands
2 benefited; assessment and collection of taxes may be
3 enforced.--All bonds issued by the Board under the provisions
4 of this act shall be secured by a lien on all lands and other
5 property benefited, and the Board shall see to it that a tax
6 and/or assessment is levied annually and collected under the
7 provisions of this act, so long as it may be necessary to pay
8 any bond issued or obligation contracted under its authority;
9 and the making of said assessment and collection may be
10 enforced by mandamus.
11 Section 16. Collection of stormwater management user
12 fees, assessments, or taxes.--
13 (1) Annual stormwater management user fees,
14 assessments, or taxes levied under this act shall become due
15 and be collected during each year at the same time that county
16 taxes are due and collected, and said annual levy shall be
17 evidenced to and certified by the Board not later than August
18 31 of each year to the property appraiser of Brevard County.
19 Said fee, assessment, or tax shall be extended by the county
20 property appraisers on the county tax rolls and shall be
21 collected by the tax collectors in the same manner and time as
22 county taxes and the proceeds thereof paid to said District.
23 Said fee, assessment, or tax shall be a lien until paid on the
24 property against which assessed and enforceable in like manner
25 as county taxes.
26 (2) On the completion of said assessment roll, the
27 Board of Directors shall by resolution fix a time and place at
28 which the owners of the property to be assessed, or any other
29 persons interested therein, may appear before said Board and
30 be heard as to the propriety and advisability of making such
31 improvements or providing said services, as to the cost
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1 thereof, as to the amount of payment therefor, and as to the
2 amount thereof to be assessed against each property so
3 improved. Notice in writing of such time and place shall be
4 given to such property owners. Such notice may be given by
5 placing in the U.S. Postal Service, at least ten (10) days
6 prior to such hearing, a copy of such notice to each property
7 owner at his or her last known address, the names and
8 addresses of such property owners to be obtained from the
9 records of the county property appraiser or from such other
10 sources the Board deems reliable. The proof of such mailing
11 shall be made by an affidavit of the president of the Board of
12 Directors, said proof to be filed with the minutes of the
13 Board. Failure to mail said notice or notices shall not
14 invalidate any of the proceedings herein. Notice of the time
15 and place of such hearing shall also be given by two (2)
16 publications, a week apart, in a newspaper of general
17 circulation in Brevard County. The last publication shall be
18 at least seven (7) days prior to the date of the hearing. Said
19 notice, which shall be published, shall contain a map showing
20 the general area which will be specially benefited and shall
21 contain the name and the amount to be assessed against each
22 piece or parcel of property.
23 Section 17. When unpaid fees, assessments, and taxes
24 delinquent; penalty.--All fees, assessments, and taxes
25 provided for in this act shall be due and become delinquent
26 and bear penalties on the amount of said fees, assessments,
27 and taxes in the same manner as county taxes.
28 Section 18. Property appraisers and tax collectors;
29 compensation; characterization of services.--
30 (1) The office of the property appraiser of the county
31 where taxes are assessed on the county tax roll by the county
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1 property appraiser shall be paid an amount equal to one (1)
2 percent of the total of taxes of the District assessed within
3 his or her county, except errors, and one (1) percent on
4 delinquent taxes when redeemed. The office of the tax
5 collector of the county shall be paid an amount equal to one
6 (1) percent of the total of taxes of the District collected,
7 and one (1) percent upon delinquent taxes when collected.
8 (2) The services of the offices of the property
9 appraiser and tax collector in assessing and collecting such
10 District taxes are hereby declared to be special services
11 performed directly for the District, and any payment therefor
12 shall not be considered a part of the general income of the
13 office nor come under the provisions of section 116.03,
14 Florida Statutes. The personnel required to do said special
15 work shall be paid for such special services from the receipts
16 provided in subsection (1).
17 Section 19. Fees, assessments, and taxes and costs a
18 lien on land against which fees, assessments, and taxes
19 levied.--All fees, assessments, and taxes provided for in this
20 act, together with all penalties for default in payment of the
21 same, all costs in collecting the same, including a reasonable
22 attorney's fee fixed by the court and taxed as costs in the
23 action brought to enforce payment, shall, from the date of
24 assessment of same until paid, constitute a lien of equal
25 dignity with the liens for state and county taxes, and other
26 taxes of equal dignity with state and county taxes, upon all
27 the lands against which such fees, assessments, and taxes
28 shall be levied as is provided in this act.
29 Section 20. District fees, assessments, and taxes;
30 delinquent; discounts, etc.--The collection and enforcement of
31 all fees, assessments, and taxes levied by said District shall
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1 be at the same time and in like manner as county taxes, and
2 the provisions of the Florida Statutes relating to the sale of
3 lands for unpaid and delinquent county taxes, the issuance,
4 sale, and delivery of tax certificates for such unpaid and
5 delinquent county taxes, the redemption thereof, the issuance
6 to individuals of tax deeds based thereon, and all other
7 procedures in connection therewith shall be applicable to said
8 District and the delinquent and unpaid taxes of said District
9 to the same extent as if said statutory provisions were
10 expressly set forth in this act. All fees, assessments, and
11 taxes shall be subject to the same discounts as county taxes.
12 Section 21. Lands may be acquired for rights-of-way
13 and other purposes.--The District may acquire by gift,
14 purchase, exchange, donation, or condemnation any lands within
15 or without the said District for canal rights-of-way or for
16 other general purposes of the said District, and if acquired
17 by condemnation, the procedure shall be as prescribed in
18 chapters 73 and 74 of the Florida Statutes.
19 Section 22. Obstruction of drainage canals, etc.,
20 prohibited; damages; civil and criminal penalties.--No person
21 may willfully, or otherwise, obstruct any canal, drain, ditch,
22 or watercourse or damage or destroy any surface water
23 management facility within the District boundaries.
24 (1) Any person who shall willfully obstruct any canal,
25 drain, ditch, or watercourse or shall damage or destroy any
26 water control or management facility constructed by the
27 District shall be liable to any person injured thereby for the
28 full amount of the injury occasioned to any land or other
29 property by reason of such misconduct, and shall be liable to
30 the District constructing the said work for double the cost of
31 removing such obstruction or repairing such damage.
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1 (2) Whoever shall willfully or otherwise obstruct any
2 canal, drain, ditch, or watercourse, or impede or obstruct the
3 flow of water therein, or shall damage or destroy any water
4 control facility existing within the District boundaries,
5 shall be guilty of a misdemeanor of the first degree as
6 provided in sections 775.082 and 775.083, Florida Statutes,
7 and punishable as provided therein.
8 Section 23. Modifications.--Any individual,
9 corporation, or governmental entity within the boundaries of
10 the District is prohibited from undertaking any permanent
11 modification, alteration, or improvement to the surface water
12 management system as they drain into the works of the District
13 without the approval of the District. The District shall
14 approve or disapprove any request for approval within 60 days
15 after the receipt of such request and adequate information to
16 evaluate the specific request.
17 Section 24. Expanded functions.--The Board of
18 Directors may request that the function of the District be
19 expanded. Said expanded functions shall be provided for by
20 special act of the Legislature.
21 Section 25. District boundaries.--The Board of
22 Directors of the District may expand or contract the
23 boundaries of the District or merge with another District by
24 special act of the Legislature.
25 Section 26. Legislative intent.--It is the intent of
26 the Legislature that the authority created by this act is a
27 dependent special district within the definition of section
28 200.001(8)(d), Florida Statutes, and not an independent
29 special district within the provisions of section 190.049,
30 Florida Statutes, and sections 165.031(5) and 200.001(8)(e),
31 Florida Statutes, or any other applicable provision of general
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1 law. In recognition of such legislative intent, it is hereby
2 declared that the provisions of section 190.049, Florida
3 Statutes, and sections 165.022 and 165.041, Florida Statutes,
4 or any other applicable provision of general law shall not be
5 construed or interpreted to prohibit or restrict the creation
6 of the District by special law. Pursuant to the language of
7 section 200.001(8)(d), Florida Statutes, it is the intent of
8 the Legislature that the millage of the District shall be
9 included in the millage computation of Brevard County as
10 provided by law.
11 Section 27. Suits against the District.--Any suit or
12 action brought or maintained against the District for damages
13 arising out of tort, including, without limitation, any claim
14 arising upon account of an act causing an injury or loss of
15 property, personal injury, or death, shall be subject to the
16 limitations provided in section 768.26, Florida Statutes, and
17 this act.
18 Section 28. Exemption of District property from
19 execution.--All District property shall be exempt from levy
20 and sale by virtue of an execution, and no execution or other
21 judicial process shall issue against such property except as
22 may be provided for in other sections of the Florida Statutes,
23 nor shall any judgment against the District be a charge or
24 lien on its property or revenues; however, nothing contained
25 herein shall apply to or limit the rights of bondholders to
26 pursue any remedy for the enforcement of any lien or pledge
27 given by the District in connection with any of the bonds or
28 obligations of the District.
29 Section 29. Reservation of rights and obligations.--It
30 is the express intent of this act to preserve and transfer
31 over to the District created by this act simultaneously with
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1 the effective date any and all causes of action, suits,
2 claims, counter-claims, demands, contracts, moneys due or
3 owed, liens, agreements, rights, judgments, and settlements
4 which the prior district had or has against all persons,
5 firms, or corporations or which any and all persons, firms, or
6 corporations may have against the prior district operating
7 under chapter 298, Florida Statutes. The District shall
8 recognize permits previously approved by the Melbourne-Tillman
9 Water Control District, as well as those which have been or
10 will be approved by the District prior to October 1, 1986,
11 provided construction has commenced on the permitted facility
12 in accordance with those plans and specifications and further
13 that construction has begun prior to October 1, 1991.
14 Section 30. When any reference herein is made to any
15 gender, such reference shall be deemed to include either
16 masculine, feminine, or neuter, as appropriate, and any
17 reference herein to any number shall be deemed to include both
18 singular and plural where the context of this act shall permit
19 or require.
20 Section 31. (1) The purpose of this section is to
21 encourage Melbourne-Tillman Water Control District to make
22 available land to the public for outdoor recreational purposes
23 by limiting its liability to persons going thereon and to
24 third persons who may be damaged by the acts or omissions of
25 persons going thereon.
26 (2) Except as provided in subsection (4), if the
27 District provides the public with land for outdoor
28 recreational purposes, or allows access to District lands for
29 outdoor recreational purposes, it owes no duty of care to keep
30 the land safe for entry or use by others or to give warnings
31 to persons entering or going on such land of any hazardous
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1 conditions, structures, or activities thereon. The District,
2 when providing land for outdoor recreational purposes, does
3 not, by providing that land, extend any assurance that such
4 land is safe for any purpose, does not incur any duty of care
5 toward a person who goes on the land, and is not responsible
6 for any injury to persons or property caused by an act or
7 omission of a person who goes on that land. This subsection
8 does not apply if there is any charge made or usually made for
9 entering or using the land, or if any commercial or other
10 activity from which profit is derived from the patronage of
11 the public is conducted on any such land or any part thereof.
12 (3)(a) Except as provided in subsection (4), if the
13 District leases any land to any other governmental entity for
14 outdoor recreational purposes, or enters into a joint use
15 agreement of any kind, or provides access for outdoor
16 recreational purposes, the District owes no duty of care to
17 keep that land safe for entry or use by others or to give
18 warning to persons entering or going on that land of any
19 hazardous conditions, structures, or activities thereon. If
20 the District leases or enters into a joint use or similar
21 agreement regarding any of its land with any other
22 governmental entity for outdoor recreational purposes, the
23 District does not, by giving such lease or agreement, extend
24 any assurance that such land is safe for any purpose, incur
25 any duty of care toward a person who goes on the leased land
26 or land subject to the joint use or similar agreement, and is
27 not responsible for any injury to persons or property caused
28 by any act or omission of a person who goes on the land
29 subject to any lease or joint use or similar agreement.
30 (b) This subsection applies to any person going on the
31 leased land or land subject to a joint use or similar
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1 agreement, irrespective of whether the person goes as an
2 invitee, licensee, or trespasser or in any other capacity.
3 (4) This section does not relieve the District of any
4 liability that would otherwise exist for gross negligence or a
5 deliberate, willful, or malicious injury to a person or
6 property. This section does not create or increase the
7 liability of the District or person beyond that which is
8 authorized by section 768.28, Florida Statutes.
9 (5) The term "outdoor recreational purposes," as used
10 herein, includes bicycling, hiking, and canoeing or activities
11 similar thereto.
12 Section 4. In the event any section or provision of
13 this act is determined to be invalid or unenforceable, such
14 determination shall not affect the validity of or
15 enforceability of each other section and provision of this
16 act.
17 Section 5. In the event of a conflict of the
18 provisions of this act with the provisions of any other act
19 the provisions of this act shall control to the extent of such
20 conflict.
21 Section 6. Chapters 86-418, 90-401, 91-341, 92-239,
22 and 94-424, Laws of Florida, are repealed.
23 Section 7. This act shall take effect upon becoming a
24 law.
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