House Bill hb0905er

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  1

  2         An act relating to the Pine Tree Water Control

  3         District, Broward County; codifying, repealing,

  4         amending, and reenacting special acts relating

  5         to the district; providing legislative intent;

  6         deleting gender specific references; providing

  7         a district charter; providing that this act

  8         shall take precedence over any conflicting law

  9         to the extent of such conflict; providing for

10         severability; providing an effective date.

11

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

13

14         Section 1.  In accordance with section 189.429, Florida

15  Statutes, this act constitutes the codification of all special

16  acts relating to Pine Tree Water Control District. It is the

17  intent of the Legislature in enacting this law to provide a

18  single, comprehensive special act charter for the District,

19  including all current legislative authority granted to the

20  District by its several legislative enactments and any

21  additional authority granted by this act.

22         Section 2.  Chapters 61-1969, 63-1186, 65-1337, 69-905,

23  71-562, 71-581, 73-420, 74-446, 77-518, 85-391, 93-372, and

24  94-430, Laws of Florida, relating to the Pine Tree Water

25  Control District, are codified, reenacted, amended, and

26  repealed as herein provided.

27         Section 3.  The charter for the Pine Tree Water Control

28  District is re-created and reenacted to read:

29         Section 1.  District created.--There is hereby created

30  and established a local governmental body, corporate and

31  politic, to be known as the "Pine Tree Water Control


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  1  District," hereinafter referred to as the "District." All

  2  lawful debts, bonds, obligations, contracts, franchises,

  3  promissory notes, audits, minutes, resolutions, and other

  4  takings of the Pine Tree Water Management District are hereby

  5  validated and shall continue to be valid and binding on the

  6  Pine Tree Water Control District in accordance with their

  7  respective terms, conditions, covenants, and tenor. Any

  8  procedure heretofore done by the Pine Tree Water Management

  9  District under the Florida Statutes or any other law, for the

10  construction of any improvements, works, or facilities, for

11  the assessment of benefits and damages, or for the borrowing

12  of money shall not be impaired or avoided by this Act, but

13  shall be continued and completed in the name of the Pine Tree

14  Water Control District.

15         Section 2.  Boundaries.--The boundaries of the District

16  shall be:

17

18         A portion of Township 48 South, Range 41 East,

19         beginning at the Southeast corner of Section 1,

20         run West along the South line of Section 1 and

21         Section 2 of said Township and Range to the

22         North extension of the East lines of Tracts 16,

23         15 and 14 of Section 11, as recorded in Plat

24         Book 1, Page 102, Public Records of Palm Beach

25         County, Florida; thence, South along the said

26         extension and the East line of said Tracts 16,

27         15 and 14 to the Southeast corner of said Tract

28         14; thence West along the South line of said

29         Tract 14 and its extension to the West line of

30         Section 11; thence, North along the West line

31         of Section 11 and Section 2 to the West quarter


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  1         corner of Section 2; thence, East along the

  2         North line of the South half of said Section 2

  3         to the West line of Section 1; thence, North

  4         along the West line of Section 1, 2119.53 feet

  5         to a point 1320 feet South of the Northwest

  6         corner of said Section 1; thence, East and

  7         parallel to the North line of said Section 1 a

  8         distance of 1320 feet; thence North and

  9         parallel to the West line of said Section 1 a

10         distance of 1320 feet to the North line of said

11         Section 1; thence, East along the North line of

12         said Section 1 to the Northeast corner of said

13         Section; thence, South along the East line of

14         Section 1 to the Southeast corner and the point

15         of beginning.

16

17         TOGETHER WITH:

18

19         Portions of Section 35, Township 47 South,

20         Range 41 East, Section 1, Township 48 South,

21         Range 41 East, and Section 2, Township 48

22         South, Range 41 East, lying within the

23         following described boundaries:

24

25         Commencing at the Southwest corner of the

26         Northeast quarter of Section 2, Township 48

27         South, Range 41 East; thence, East along the

28         South line of the Northeast quarter of said

29         Section 2 a distance of 1651.4 feet to the

30         point of beginning; thence, North 0°54'42" West

31         a distance of 1310.15 feet; thence, South


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  1         89°41'35" West a distance of 329.88 feet;

  2         thence, North 0°54'35" West a distance of

  3         803.12 feet; thence, South 89°41'36" West a

  4         distance of 0.60 feet; thence, North 0°55'04"

  5         West a distance of 1320 feet to the South line

  6         of Section 35, Township 47 South, Range 41

  7         East; thence, North 89°41'18" East along the

  8         South line of said Section 35, a distance of

  9         0.79 feet; thence North 01°16'01" West a

10         distance of 660.44 feet; thence, North

11         89°41'26" East a distance of 652.13 feet;

12         thence, North 01°15'53" West a distance of

13         3869.43 feet to the South right-of-way line of

14         the Hillsboro Canal; thence Southeasterly along

15         the South right-of-way line of the Hillsboro

16         Canal to the intersection of said line with the

17         East line of Section 35, Township 47 South,

18         Range 41 East; thence, South along the East

19         line of Section 35 to the Southeast corner of

20         said Section 35; thence, East along the North

21         line of Section 1, Township 48 South, Range 41

22         East, a distance of 1320 feet; thence,

23         Southerly on a line parallel to the East line

24         of Section 2, Township 48 South, Range 41 East,

25         a distance of 1320 feet; thence, Westerly on a

26         line parallel to the North line of said Section

27         1 to a point on the East line of the said

28         Section 2; thence, South along the East line of

29         said Section 2 to the Southeast corner of the

30         Northeast quarter of the said Section 2;

31         thence, West along the South line of the


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  1         Northeast quarter of the said Section 2, to the

  2         point of beginning. And all of Section 36,

  3         Township 47 South, Range 41 East lying South of

  4         the South right-of-way line of the Hillsboro

  5         Canal; and all of Section 11, Township 48

  6         South, Range 41 East, less Tracts 14, 15 and

  7         16, according to the Plat of FLORIDA FRUIT

  8         LANDS COMPANY'S SUBDIVISION NO. 2, as recorded

  9         in Plat Book 1, Page 102 of the Public Records

10         of Palm Beach County, Florida; And all of

11         Section 12, Township 48 South, Range 41 East;

12         said lands situate, lying, and being in Broward

13         County, Florida.

14

15         Section 3.  Applicability of certain provisions of

16  chapter 298, Florida Statutes, to the Pine Tree Water Control

17  District; inconsistent laws inapplicable.--The provisions of

18  chapter 298, Florida Statutes, and all amendments thereto, now

19  existing or hereafter enacted, are declared to be applicable

20  to the Pine Tree Water Control District insofar as not

21  inconsistent with the provisions of this Act or any subsequent

22  special acts relating to the Pine Tree Water Control District.

23  Notwithstanding the foregoing, the provisions of sections

24  298.11, 298.12, and 298.54, Florida Statutes, and amendments

25  thereto, shall not be applicable to the Pine Tree Water

26  Control District.

27         Section 4.  Definitions.--Unless a context shall

28  indicate otherwise, the following words as used in this Act

29  shall have the following meanings:

30

31


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  1         (1)  "Assessable improvements" includes, without

  2  limitation, any and all public improvements that the District

  3  is empowered to provide in accordance with this Act.

  4         (2)  "Bond" includes "certificate," and provisions

  5  applicable to bonds shall be equally applicable to

  6  certificates. "Bond" includes general obligation bonds,

  7  assessment bonds, refunding bonds, revenue bonds, and such

  8  other obligations in the nature of bonds as are provided for

  9  in this Act, as the case may be.

10         (3)  "Board" means the Board of Supervisors of the Pine

11  Tree Water Control District, or if such Board shall be

12  abolished, the Board, body, or commission succeeding to the

13  principal functions thereof or to whom the powers given by

14  this Act to the Board shall be given by law.

15         (4)  "Cost," when used with reference to any project,

16  includes, but is not limited to, the expenses of determining

17  the feasibility or practicability of acquisition,

18  construction, or reconstruction; the cost of surveys,

19  estimates, plans, and specifications; the cost of acquisition,

20  construction, or reconstruction; the cost of improvements;

21  engineering, fiscal, and legal expenses and charges; the cost

22  of all labor, materials, machinery, and equipment; the cost of

23  all lands, properties, rights, easements, and franchises

24  acquired; federal, state, and local taxes and assessments;

25  financing charges; the creation of initial reserve and debt

26  service funds; working capital; interest charges incurred or

27  estimated to be incurred on money borrowed prior to and during

28  construction and acquisition and for such period of time after

29  completion of construction or acquisition as the Board may

30  determine; the cost of issuance of bonds pursuant to this Act,

31  including advertisements and printing, the cost of any


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  1  election held pursuant to this Act, and all other expenses of

  2  issuance of bonds; discount, if any, on the sale or exchange

  3  of bonds; administrative expenses; such other expenses as may

  4  be necessary or incidental to the acquisition, construction,

  5  or reconstruction of any project or to the financing thereof,

  6  or the development of any lands within the District, and

  7  reimbursement of any public or private body, person, firm, or

  8  corporation for any moneys advanced in connection with any of

  9  the foregoing items of cost. Any obligation or expense

10  incurred prior to the issuance of bonds in connection with the

11  acquisition, construction, or reconstruction of any project or

12  improvements thereon, or in connection with any other

13  development of land that the Board of the District shall

14  determine to be necessary or desirable in carrying out the

15  purposes of this Act, may be treated as a party of such cost.

16         (5)  "District" means the Pine Tree Water Control

17  District and "District Manager" means the Manager of the

18  District.

19         (6)  "Landowner" means the owner of the freehold

20  estate, as appears by the deed record, including trustees,

21  private corporations, and owners of cooperative and

22  condominium units; it does not include reversioners,

23  remaindermen, or mortgagees, who shall not be counted and need

24  not be notified of proceedings under this Act.

25         (7)  "Project" means any development, improvements,

26  property, utility, facility, works, road, enterprise, service,

27  or convenience now existing or hereafter undertaken or

28  established under the provisions of this Act or under chapter

29  298, Florida Statutes.

30         (8)  "Water management and control facilities" means

31  any canals, ditches, or other drainage facilities, reservoirs,


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  1  dams, levees, sluiceways, dredging holding basins, floodways,

  2  pumping stations, or any other works, structures, or

  3  facilities for the conservation, control, development,

  4  utilization, and disposal of water, and any purposes

  5  appurtenant, necessary, or incidental thereto, and includes

  6  all real and personal property and any interest therein,

  7  rights, easements, and franchises of any nature relating to

  8  any such water and flood control facilities or necessary or

  9  convenient for the acquisition, construction, reconstruction,

10  operation, or maintenance thereof.

11         Section 5.  Board; election; organization; terms of

12  office; vacancy; quorum.--

13         (1)  The Board of the District shall be the governing

14  body of the District and shall exercise the powers granted to

15  the District under this Act and under chapters 189 and 298,

16  Florida Statutes. The District is an independent special

17  district as defined in section 189.403(3), Florida Statutes.

18  The Board shall consist of five members and, except as

19  otherwise provided herein, each member shall be elected in

20  compliance with all applicable election laws by the landowners

21  of the District. Commencing in 1994 and every 2 years

22  thereafter, two members of the Board shall be elected by the

23  landowners of the District. The member receiving the highest

24  number of votes shall be elected for a 4-year term and the

25  member receiving the second highest number of votes shall be

26  elected for a 2-year term. The fourth and fifth members of the

27  Board of Supervisors shall be appointed by the City of Coral

28  Springs City Commission and the City of Parkland City

29  Commission, respectively, and shall serve as members of the

30  Board until replaced. All of the members shall be residents of

31


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  1  Broward County and all members shall be residents of Florida

  2  and shall be landowners within the District.

  3         (2)  Each Supervisor, before entering upon his or her

  4  official duties, shall take and subscribe to an oath of office

  5  as prescribed in section 298.13, Florida Statutes.

  6         (3)  All Supervisors shall hold office for the terms to

  7  which they are elected or appointed and until their successors

  8  shall be chosen and qualified. In the case of a vacancy in the

  9  office of any Supervisor, the remaining Supervisor or

10  Supervisors (even though less than a quorum) may fill such

11  vacancy by appointment of a new Supervisor or Supervisors for

12  the unexpired term of the Supervisor who vacated office.

13         (4)  A majority of the members of the Board of

14  Supervisors shall constitute a quorum.

15         (5)  The Board of Supervisors shall meet at least one

16  time every month to conduct the business of the District,

17  provided that items shall have been submitted 14 days before

18  the meeting. In the event no items are to be considered by the

19  Board of Supervisors of the District, the District Manager may

20  cancel the monthly meeting. Each member of the Board of

21  Supervisors shall be paid an amount not to exceed $100 per

22  meeting, not to exceed $100 per month.

23         (6)  Each Supervisor appointed by the City of Coral

24  Springs and the City of Parkland shall reside within the Pine

25  Tree Water Control District and if a member of the respective

26  City Commissions resides in the District, he or she shall be

27  appointed to the Board of Supervisors.

28         Section 6.  Taxes.--

29         (1)  Ad valorem taxes.--The Board shall have the power

30  to levy and assess an ad valorem tax not in excess of 5 mills

31  on all the taxable property in the District to construct,


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  1  operate, and maintain assessable improvements; to pay the

  2  principal of, and interest on, any general obligation bonds of

  3  the District; and to provide for any sinking or other funds

  4  established in connection with any such bonds. The ad valorem

  5  tax provided for herein shall be in addition to county and all

  6  other ad valorem taxes provided for by law. Such tax shall be

  7  assessed, levied, and collected in the same manner and same

  8  time as county taxes. The levy of ad valorem taxes shall be

  9  approved by referendum when required by the State

10  Constitution.

11         (2)  Benefit taxes.--The Board shall annually

12  determine, order, and levy the annual installment of the total

13  taxes for bonds issued to finance water management and control

14  plans which are levied under this Act, which taxes shall be

15  due and collected during each year that county taxes are due

16  and collected, and such annual installment and levy shall be

17  evidenced to and certified to the property appraiser by the

18  Board not later than August 31 of each year. This tax shall be

19  entered by the property appraiser on the county tax rolls and

20  shall be collected by the tax collector in the same manner and

21  same time as county taxes, and the proceeds thereof shall be

22  paid to the District. The tax shall be a lien on the property

23  against which assessed until paid and shall be enforceable in

24  like manner as county taxes.

25         (3)  Maintenance tax.--To maintain and preserve the

26  water management and control facilities of the District, a

27  maintenance tax shall be evidenced to and certified to the

28  property appraiser by the Board of Supervisors not later than

29  August 31 of each year and shall be entered by the property

30  appraiser on the county tax rolls and shall be collected by

31  the tax collector in the same manner and time as county taxes,


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  1  and the proceeds therefrom shall be paid to the District. The

  2  tax shall be a lien on the property against which assessed

  3  until paid and shall be enforceable in like manner as county

  4  taxes. If the maintenance is for original construction based

  5  upon an apportionment of benefits, the maintenance tax shall

  6  be apportioned on the same basis of the net assessments of

  7  benefits assessed or accruing for original construction and

  8  shall not exceed 10 percent thereof in any 1 year. If the

  9  maintenance is for other water management and control

10  improvements owned, operated, or acquired by the District, the

11  amount of the maintenance tax shall be determined by the Board

12  based upon a report of the chief engineer and assessed by the

13  Board upon such lands, which may be all of the lands within

14  the District benefited by the maintenance thereof apportioned

15  between the benefited lands in proportion to the benefits

16  received by each tract of land.

17         (4)  Enforcement of taxes.--The collection and

18  enforcement of all taxes levied by the District shall be at

19  the same time and in like manner as county taxes, and the

20  provisions of the Florida Statutes relating to the sale of

21  lands for unpaid and delinquent county taxes; the issuance,

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

23  delinquent county taxes; the redemption thereof; the issuance

24  to individuals of tax deeds based thereon; and all other

25  procedures in connection therewith shall be applicable to the

26  District to the same extent as if such statutory provisions

27  were expressly set forth herein. All taxes shall be subject to

28  the same discounts as county taxes.

29         (5)  When unpaid tax is delinquent; penalty.--All taxes

30  provided for in this Act shall become delinquent and bear

31


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  1  penalties on the amount of such taxes in the same manner as

  2  county taxes.

  3         Section 7.  Special assessments.--

  4         (1)  The Board of Supervisors may provide for the

  5  construction or reconstruction of assessable improvements as

  6  defined in this Act and for the levying and collecting of

  7  special assessments upon benefited property for the payment

  8  thereof as is provided for in chapter 170, Florida Statutes,

  9  and amendments thereto; and the provisions of that chapter

10  shall be applicable with the same force and effect as if said

11  provisions were expressly set forth in this Act. Any act

12  required to be done by or on behalf of a city or town under

13  chapter 170, Florida Statutes, may be performed by such

14  officer or agent of the District as the Board may designate.

15         (2)  Notwithstanding the provisions of section 170.09,

16  Florida Statutes, District assessments may be made payable in

17  20 annual installments.

18         Section 8.  Issuance of certificates of indebtedness

19  based on assessments for assessable improvements; assessment

20  bonds.--

21         (1)  The Board of Supervisors may, after any

22  assessments for assessable improvements are made, determined,

23  and confirmed, issue certificates of indebtedness for the

24  amount so assessed against the abutting property or property

25  otherwise benefited, as the case may be, and separate

26  certificates shall be issued against each part or parcel of

27  land assessed, which certificates shall state the general

28  nature of the improvement for which the said assessment is

29  made. Said certificates shall be payable in installments in

30  accordance with the installments of the special assessments

31  for which they are issued. The Board of Supervisors may


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  1  determine the interest to be borne by such certificates at a

  2  rate not to exceed the statutory limitation as set forth in

  3  chapter 215, Florida Statutes, and as may be amended from time

  4  to time, and may sell such certificates at either private or

  5  public sale and determine the form, manner of execution, and

  6  other details of such certificates. Such certificates shall

  7  recite that they are payable only from the special assessments

  8  levied and collected from the part or parcel of land against

  9  which they are issued. The proceeds of such certificates may

10  be pledged for the payment of principal of the interest on any

11  revenue bonds or assessment bonds issued to finance in whole

12  or in part such assessable improvements.

13         (2)  The Board of Supervisors may also issue assessment

14  bonds or other obligations payable from a special fund into

15  which such certificates of indebtedness referred to in the

16  preceding subsection may be deposited; or, if such

17  certificates of indebtedness have not been issued, the Board

18  of Supervisors may assign to such special fund for the benefit

19  of the holders of such assessment bonds or other obligations,

20  or to a trustee for such bondholders, the assessment liens

21  provided for herein, unless such certificates of indebtedness

22  or assessment liens have been theretofore pledged for any

23  bonds or other obligations authorized hereunder. In the event

24  of the creation of such special fund and the issuance of such

25  assessment bonds or other obligations, the proceeds of such

26  certificates of indebtedness or assessment liens deposited

27  therein shall be used only for the payment of the assessment

28  bonds or other obligations issued. The Board of Supervisors is

29  hereby authorized to covenant with the holders of such

30  assessment bonds or other obligations that it will diligently

31  and faithfully enforce and collect all the special assessments


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  1  and interest and penalties thereon for which such certificates

  2  of indebtedness or assessment liens have been deposited in or

  3  assigned to such fund, and to foreclose such assessment liens

  4  so assigned to such special fund or represented by the

  5  certificates of indebtedness deposited in said special fund,

  6  after such assessment liens have become delinquent and deposit

  7  the proceeds derived from such foreclosure, including interest

  8  and penalties, in such special fund, and to further make any

  9  other necessary covenants deemed necessary or advisable in

10  order to properly secure the holders of such assessment bonds

11  or other obligations.

12         (3)  All assessment bonds or other obligations issued

13  under the provisions of this Act, except certificates of

14  indebtedness issued against separate parcels of land as

15  provided in this section, shall be and constitute and have all

16  the qualities and incidents of negotiable instruments under

17  the law merchant and the Uniform Commercial Code.

18         (4)  All revenue bonds and assessments issued pursuant

19  to this Act shall be and constitute legal investments for

20  state, county, municipal, and all other public funds and for

21  banks, savings banks, insurance companies, executors,

22  administrators, trustees, and all other fiduciaries, and shall

23  also be and constitute securities eligible as collateral

24  security for all state, county, municipal, or other public

25  funds.

26         (5)  The Board of Supervisors is authorized to enter

27  into agreements for the delivery of any revenue bonds or

28  assessment bonds at one time or from time to time as full or

29  partial payment for the services of any engineer or work done

30  by any contractor who may have been retained or hired or been

31  awarded a contract for the construction of all or any part of


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  1  a water system; provided, however, that any such bonds so

  2  delivered for payment of such services or work performed shall

  3  have been authorized and issued in the manner provided in this

  4  Act and shall otherwise conform to the provisions hereof.

  5         (6)  Any contract entered into by the District shall be

  6  deemed to have been made for the benefit of any holders of

  7  bonds issued pursuant to this Act to the extent necessary, and

  8  the terms of any such contract shall be enforceable by such

  9  bondholders in any appropriate legal proceeding. Any such

10  contract if made with another public body or municipality

11  shall be enforceable without the requirement of formal

12  consideration.

13         Section 9.  Fees, rentals, and charges; procedure for

14  adoption and modifications; minimum revenue requirements.--

15         (1)  The District is authorized to prescribe, fix,

16  establish, and collect rates, fees, rentals, or other charges,

17  hereinafter sometimes referred to as "revenues," and to revise

18  the same from time to time, for the facilities and services

19  furnished by the District, within the limits of the District,

20  including, but not limited to, recreational facilities, water

21  management and control facilities, and water and sewer

22  systems; to recover the costs of making connection with any

23  district facility or system; and to provide for reasonable

24  penalties against any user or property for any such rates,

25  fees, rentals, or other charges that are delinquent.

26         (2)  No such rates, fees, rentals, or other charges for

27  any of the facilities or services of the District shall be

28  fixed until after a public hearing at which all the users of

29  the proposed facility or services or owners, tenants, or

30  occupants served or to be served thereby and all other

31  interested persons shall have an opportunity to be heard


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  1  concerning the proposed rates, fees, rentals, or other

  2  charges. Notice of such public hearing setting forth the

  3  proposed schedule or schedules of rates, fees, rentals, and

  4  other charges shall have been published in a newspaper in the

  5  county and of general circulation in the District at least

  6  once and at least 10 days prior to such public hearing. The

  7  hearing may be adjourned from time to time. After such

  8  hearing, such schedule or schedules, either as initially

  9  proposed or as modified or amended, may be finally adopted. A

10  copy of the schedule or schedules of such rates, fees,

11  rentals, or charges as finally adopted shall be kept on file

12  in an office designated by the Board and shall be open at all

13  reasonable times to public inspection. The rates, fees,

14  rentals, or charges so fixed for any class of users or

15  property served shall be extended to cover any additional

16  users or properties thereafter served which shall fall in the

17  same class, without the necessity of any notice or hearing.

18         (3)  Such rates, fees, rentals, and charges shall be

19  just and equitable and uniform for users of the same class,

20  and when appropriate may be based or computed either upon the

21  amount of service furnished, upon the number or average number

22  of persons residing or working in or otherwise occupying the

23  premises served, or upon any other factor affecting the use of

24  the facilities furnished, or upon any combination of the

25  foregoing factors, as may be determined by the Board on an

26  equitable basis.

27         (4)  The rates, fees, rentals, or other charges

28  prescribed shall be such as will produce revenues, together

29  with any other assessments, taxes, revenues, or funds

30  available or pledged for such purpose, at least sufficient to

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  1  provide for the items hereinafter listed, but not necessarily

  2  in the order stated:

  3         (a)  To provide for all expenses of operation and

  4  maintenance of such facility or service;

  5         (b)  To pay when due all bonds and interest thereon for

  6  the payment of which such revenues are, or shall have been,

  7  pledged or encumbered, including reserves for such purpose;

  8  and

  9         (c)  To provide for any other funds which may be

10  required under the resolution or resolutions authorizing the

11  issuance of bonds pursuant to this Act.

12         (5)  The Board shall have the power to enter into

13  contracts for the use of the projects of the District and with

14  respect to the services and facilities furnished or to be

15  furnished by the District.

16         Section 10.  Recovery of delinquent charges.--In the

17  event that any rates, fees, rentals, charges, or delinquent

18  penalties shall not be paid as and when due and shall be in

19  default for 60 days or more, the unpaid balance thereof and

20  all interest accrued thereon, together with reasonable

21  attorney's fees and costs, may be recovered by the District in

22  a civil action.

23         Section 11.  Discontinuance of service.--In the event

24  the fees, rentals, or other charges for any of the facilities

25  or services of the District are not paid when due, the Board

26  shall have the power, under such reasonable rules and

27  regulations as the Board may adopt, to discontinue services

28  until such fees, rentals, or other charges, including

29  interest, penalties, and charges for the shutting off and

30  discontinuance and the restoration of services, are fully

31  paid; and, for such purposes the Board may enter on any lands,


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  1  waters, or premises of any person, firm, corporation, or body,

  2  public or private, within the District limits. Such delinquent

  3  fees, rentals, or other charges, together with interest,

  4  penalties, and charges for the discontinuance and the

  5  restoration of such services and facilities and reasonable

  6  attorney's fees and other expenses, may be recovered by the

  7  District, which may also enforce payment of such delinquent

  8  fees, rentals, or other charges by any other lawful method of

  9  enforcement.

10         Section 12.  Enforcement and penalties.--The Board or

11  any aggrieved person may have recourse to such remedies in law

12  and at equity as may be necessary to ensure compliance with

13  the provisions of this Act, including injunctive relief to

14  enjoin or restrain any person violating the provisions of the

15  Act or any bylaws, resolutions, regulations, rules, codes, or

16  orders adopted under this Act. In case any building or

17  structure is erected, constructed, reconstructed, altered,

18  repaired, converted, or maintained, or any building,

19  structure, land, or water is used, in violation of this Act or

20  of any code, order, resolution, or other regulation made under

21  authority conferred by the Act or under law, the Board or any

22  citizen residing in the District may institute any appropriate

23  action or proceeding to prevent such unlawful erection,

24  construction, reconstruction, alteration, repair, conversion,

25  maintenance, or use; to restrain, correct, or avoid such

26  violation; to prevent the occupancy of such building,

27  structure, land, or water; and to prevent any illegal act,

28  conduct, business, or use in or about such premises, land, or

29  water.

30         Section 13.  Suits against the district.--Any suit or

31  action brought or maintained against the District for damage


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

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

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

  4  limitations provided in section 768.28, Florida Statutes.

  5         Section 14.  Exemption of District property from

  6  execution.--All District properties shall be exempt from levy

  7  and sale by virtue of an execution and no execution or other

  8  judicial process shall issue against such property, nor shall

  9  any judgment against the District be a charge or lien against

10  its property or revenues, providing that nothing herein

11  contained shall apply to or limit the rights of bond holders

12  to pursue any remedy for the enforcement of any lien or pledge

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

14  obligations of the District.

15         Section 15.  Dissolution, merger, or abolishment.--The

16  dissolution, merger, abolishment, or any other proceedings

17  relative to the special independent district created by this

18  Act shall be governed exclusively by chapter 189, Florida

19  Statutes.

20         Section 4.  In case any one or more of the sections or

21  provisions of this act or the application of such sections or

22  provisions to any situations, circumstances, or person shall

23  for any reason be held to be unconstitutional, such

24  unconstitutionality shall not affect other sections or

25  provisions as to any other situation, circumstance, or person,

26  and it is intended that this law shall be construed and

27  applied as if such section or provision had not been included

28  herein for any unconstitutional application.

29         Section 5.  This act shall take precedence over any

30  conflicting law to the extent of such conflict.

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  1         Section 6.  Chapters 61-1969, 63-1186, 65-1337, 69-905,

  2  71-562, 71-581, 73-420, 74-446, 77-518, 85-391, 93-372, and

  3  94-430, Laws of Florida, are repealed.

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

  5  law.

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