House Bill hb0931e1

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                                       HB 931, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to the Coral Springs

  3         Improvement District, Broward County; providing

  4         for codification of special laws regarding

  5         special districts pursuant to s. 189.429,

  6         Florida Statutes, relating to the Coral Springs

  7         Improvement District; codifying, reenacting,

  8         amending, and repealing special acts relating

  9         to the Coral Springs Improvement District;

10         providing legislative intent; deleting

11         gender-specific references; providing a

12         district charter; providing that this act shall

13         take precedence over any conflicting law to the

14         extent of such conflict; providing an effective

15         date.

16

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

18

19         Section 1.  In accordance with section 189.429, Florida

20  Statutes, this act constitutes the codification of all special

21  acts relating to the Coral Springs Improvement District. It is

22  the intent of the Legislature in enacting this law to provide

23  a single, comprehensive special act charter for the district,

24  including all current legislative authority granted to the

25  district by its several legislative enactments and any

26  additional authority granted by this act.

27         Section 2.  Chapters 70-617 and 89-419, Laws of

28  Florida, relating to the Coral Springs Improvement District,

29  are codified, reenacted, amended, and repealed as herein

30  provided.

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                                       HB 931, First Engrossed/ntc



  1         Section 3.  The charter for the Coral Springs

  2  Improvement District is re-created and reenacted to read:

  3         Section 1.  Creation of the district ratified and

  4  approved; change of name of district to Coral Springs

  5  Improvement District.--The decree of the circuit court in and

  6  for the seventeenth judicial circuit of the State of Florida,

  7  entered in chancery No. 66-1301, on the 8th day of September,

  8  1966, creating and incorporating the Coral Springs Drainage

  9  District as a public corporation of this state, and all

10  subsequent proceedings taken in the circuit court concerning

11  that district, are hereby ratified, confirmed, and approved,

12  except that the boundaries of said district shall be as

13  hereinafter described. The Coral Springs Drainage District

14  shall henceforth be known by the name of Coral Springs

15  Improvement District, and shall continue to be a public

16  corporation of this state and have perpetual existence. All

17  lawful debts, bonds, obligations, contracts, franchises,

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

19  undertakings of the Coral Springs Drainage District are hereby

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

21  Coral Springs Improvement District in accordance with their

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

23  proceeding heretofore begun by the Coral Springs Drainage

24  District under chapter 298, Florida Statutes, or any other

25  law, for the construction of any improvements, works, or

26  facilities, for the assessment of benefits and damages or for

27  the borrowing of money shall not be impaired or avoided by

28  this act, but may be continued and completed in the name of

29  the Coral Springs Improvement District.

30

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                                       HB 931, First Engrossed/ntc



  1         Section 2.  Exclusion of lands and new boundaries.--The

  2  following described lands formerly within the boundaries of

  3  the district are excluded:

  4

  5         The North one-half of Section 26, Township 48

  6         South, Range 41 East, Broward County, Florida.

  7

  8         The boundaries of the district shall be:

  9

10         Beginning at the Northwest corner of Section

11         30, Township 48 South, Range 41, East; thence

12         Southerly along the West line of said Section

13         30 and along the West line of Section 31 of

14         said Township 48 South, Range 41 East to an

15         intersection with the North right-of-way line

16         of the Pompano Canal (C-14); thence Easterly

17         along the said North right-of-way line, through

18         said Section 31 and Sections 32, 33 and 34 of

19         said Township 48 South, Range 41 East to an

20         intersection with the East line of said Section

21         34; thence Northerly along the said East line

22         of Section 34 and along the East line of

23         Section 27, Township 48 South, Range 41 East,

24         to the Northeast corner of said Section 27;

25         thence Westerly along the North line of said

26         Section 27 and along the North lines of

27         Sections 28, 29 and 30 of said Township 48

28         South, Range 41 East to the said Northwest

29         corner of Section 30 and the Point of

30         Beginning; said lands situate, lying and being

31         in Broward County, Florida, which said boundary


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                                       HB 931, First Engrossed/ntc



  1         embraces and includes these certain tracts or

  2         parcels of land described as follows, to wit:

  3

  4         All of Sections 27 and 29; and Tracts 1 through

  5         19 inclusive, Tracts 22 through 27 inclusive,

  6         Tracts 30 through 32 inclusive, and those

  7         portions of Tracts 20, 21, 28 and 29 lying

  8         North of the North right-of-way line of the

  9         Pompano Canal (C-14) of the subdivision of

10         Section 31; and Tracts 1 through 18 inclusive,

11         Tracts 22 through 26 inclusive, Tracts 31 and

12         32, and those portions of Tracts 19, 20, 21, 27

13         and 30 lying North of the North right-of-way

14         line of the Pompano Canal (C-14) of the

15         subdivision of Section 33, all according to the

16         Florida Fruit Lands Company's Subdivision Map

17         No. 2, recorded in Plat Book 1, Page 102, of

18         the public records of Palm Beach County,

19         Florida, together with all the platted road

20         rights-of-way contained therein; and all of

21         Sections 28 and 30; and those portions of

22         Sections 32 and 34 lying North of the North

23         right-of-way line of the Pompano Canal (C-14).

24

25         All of said property situate, lying and being

26         in Township 48 South, Range 41 East, Broward

27         County, Florida.

28

29         Section 3.  Applicability of certain provisions of

30  chapter 298, Florida Statutes, to the Coral Springs

31  Improvement District; inconsistent laws inapplicable.--The


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                                       HB 931, First Engrossed/ntc



  1  provisions of chapter 298, Florida Statutes, and all

  2  amendments thereto, now existing or hereafter enacted, are

  3  declared to be applicable to the Coral Springs Improvement

  4  District insofar as not inconsistent with the provisions of

  5  this act or any subsequent special acts relating to the Coral

  6  Springs Improvement District. Notwithstanding the foregoing,

  7  the provisions of sections 298.07, 298.11, 298.12, 298.14,

  8  298.15, 298.17, 298.18, 298.19, 298.20, 298.23, 298.24,

  9  298.25, 298.35, 298.37, 298.38, 298.39, 298.40, 298.401,

10  298.41, 298.42, 298.44, 298.45, 298.46, 298.48, 298.52,

11  298.54, 298.56, 298.57, 298.61, 298.69, 298.70, 298.71,

12  298.72, 298.73, and 298.74, Florida Statutes, and amendments

13  thereto, shall not be applicable to the Coral Springs

14  Improvement District.

15         Section 4.  Definitions.--Unless the context shall

16  indicate otherwise, the following words as used in this act

17  shall have the following meanings:

18         (1)  "Assessable improvements" includes, without

19  limitation, any and all drainage and land reclamation works

20  and facilities, sewer systems, storm sewers and drains, water

21  systems, streets, roads, or other projects of the district, or

22  that portion or portions thereof, local in nature and of

23  special benefit to the premises or lands served thereby, and

24  any and all modifications, improvements, and enlargements

25  thereof.

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

27  applicable to bonds shall be equally applicable to

28  certificates. "Bond" includes general obligation bonds,

29  assessment bonds, refunding bonds, revenue bonds, and such

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

31  in this act, as the case may be.


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                                       HB 931, First Engrossed/ntc



  1         (3)  "Board" means the board of supervisors of the

  2  Coral Springs Improvement District, or if such board shall be

  3  abolished, the board, body, or commission succeeding to the

  4  principal functions thereof or to whom the powers given by

  5  this act to the board shall be given by law.

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

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

  8  the feasibility or practicability of acquisition,

  9  construction, or reconstruction; the cost of surveys,

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

11  construction, or reconstruction; the cost of improvements;

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

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

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

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

16  financing charges; the creation of initial reserve and debt

17  service funds; working capital; interest charges incurred or

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

19  construction and acquisition and for such period of time after

20  completion of construction or acquisition as the board may

21  determine; the cost of issuance of bonds pursuant to this act

22  including advertisements and printing, the cost of any

23  election held pursuant to this act, and all other expenses of

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

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

26  be necessary or incidental to the acquisition, construction,

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

28  or the development of any lands within the district; and

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

30  corporation for any moneys advanced in connection with any of

31  the foregoing items of cost. Any obligation or expense


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                                       HB 931, First Engrossed/ntc



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

  2  acquisition, construction, or reconstruction of any project or

  3  improvements thereon, or in connection with any other

  4  development of land that the board of the district shall

  5  determine to be necessary or desirable in carrying out the

  6  purposes of this act, may be treated as a part of such cost.

  7         (5)  "District" means the Coral Springs Improvement

  8  District and "district manager" means the manager of the

  9  district.

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

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

12  private corporations, and owners of cooperative and

13  condominium units; it does not include reversioners,

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

15  not be notified of proceedings under this act.

16         (7)  "Project" means any development, improvement,

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

18  or convenience, now existing or hereafter undertaken or

19  established, under the provisions of this act or under chapter

20  298, Florida Statutes.

21         (8)  "Sewer system" means any plant, system, facility,

22  or property and additions, extensions, and improvements

23  thereto at any future time constructed or acquired as part

24  thereof useful or necessary or having the present capacity for

25  future use in connection with the collection, treatment,

26  purification, or disposal of sewage, including, without

27  limitation, industrial wastes resulting from any processes of

28  industry, manufacture, trade, or business or from the

29  development of any natural resources; and, without limiting

30  the generality of the foregoing, shall include treatment

31  plants, pumping stations, lift stations, valves, force mains,


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                                       HB 931, First Engrossed/ntc



  1  intercepting sewers, laterals, pressure lines, mains, and all

  2  necessary appurtenances and equipment, all sewer mains,

  3  laterals, and other devices for the reception and collection

  4  of sewage from premises connected therewith, and all real and

  5  personal property and any interest therein, rights, easements,

  6  and franchises of any nature whatsoever relating to any such

  7  system and necessary or convenient for operation thereof.

  8         (9)  "Water and flood control facilities" means any

  9  canals, ditches, or other drainage facilities, reservoirs,

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

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

12  facilities for the conservation, control, development,

13  utilization, and disposal of water, and any purposes

14  appurtenant, necessary, or incidental thereto, and includes

15  all real and personal property and any interest therein,

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

17  any such water and flood control facilities or necessary or

18  convenient for the acquisition, construction, reconstruction,

19  operation, or maintenance thereof.

20         (10)  "Water system" means any plant, system, facility,

21  or property and additions, extensions, and improvements

22  thereto at any future time constructed or acquired as part

23  thereof, useful or necessary or having the present capacity

24  for future use in connection with the development of sources,

25  treatment, or purification and distribution of water and,

26  without limiting the generality of the foregoing, includes

27  dams, reservoirs, storage tanks, mains, lines, valves, pumping

28  stations, laterals, and pipes for the purpose of carrying

29  water to the premises connected with such system, and all real

30  and personal property and any interests therein, rights,

31  easements, and franchises of any nature whatsoever relating to


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                                       HB 931, First Engrossed/ntc



  1  any such system and necessary or convenient for the operation

  2  thereof.

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

  4  office; quorum; report and minutes.--

  5         (1)  The board of the district shall be the governing

  6  body of the district and shall exercise the powers granted to

  7  the district under this act and under chapter 298, Florida

  8  Statutes. The board shall consist of five members, and except

  9  as otherwise provided herein, each member shall hold office

10  for a term of 4 years and until his or her successor shall be

11  chosen and shall qualify.  Five members shall be elected by a

12  majority vote of registered electors residing in the district

13  and voting in an election.  Elected members of the board shall

14  be residents of the district.

15         (2)  The persons who are members of the board of

16  supervisors of the Coral Springs Drainage District elected on

17  October 4, 1966, shall constitute the members of the board

18  until June 1, 1971.

19         (3)  Commencing upon the expiration of the existing

20  board members, all subsequent board members shall meet the

21  requirements as provided for herein. Existing board members'

22  terms shall be extended to November of the year in which their

23  terms expire. In November, 2002, the two new board members

24  shall be selected or elected as provided for herein. Board

25  members to be elected shall be elected at an election

26  conducted by the supervisor of elections on the first Tuesday

27  in November of the year when the board member's term expires.

28  The cost of such election(s) shall be paid for by the

29  district. A landowner may vote in person or by proxy in

30  writing. Fractions of an acre shall be treated as 1 acre,

31  entitling the landowner to one vote with respect thereto.


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                                       HB 931, First Engrossed/ntc



  1         (4)  Each supervisor, before entering upon his or her

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

  3  as prescribed in section 298.13, Florida Statutes.

  4         (5)  All supervisors shall hold office for the terms

  5  for which they are elected or appointed and until their

  6  successors shall be chosen and qualify. In case of a vacancy

  7  in the office of any supervisor, the remaining supervisor or

  8  supervisors (even though less than a quorum) may fill such

  9  vacancy by appointment of a new supervisor or supervisors for

10  the unexpired term of the supervisor who vacated his or her

11  office.

12         (6)  As soon as practicable after each election, the

13  board shall organize by choosing one of the number president

14  of the board and by electing a secretary, who need not be a

15  member of the board.

16         (7)  A majority of the members of the board shall

17  constitute a quorum.

18         (8)  The board shall keep a permanent record book

19  entitled "Record of Proceedings of Coral Springs Improvement

20  District," in which shall be recorded minutes of all meetings,

21  resolutions, proceedings, certificates, bonds given by all

22  employees, and any and all corporate acts, which book shall at

23  reasonable times be opened to the inspection of any landowner,

24  taxpayer, resident, or bondholder of the district, and such

25  other persons as the board may determine to have a proper

26  interest in the proceedings of the board. Such record book

27  shall be kept at any office or other regular place of business

28  maintained by the board in Broward County.

29         Section 6.  Appointment and duties of district

30  manager.--For the purpose of preserving and maintaining any

31  facility constructed or erected under the provisions of this


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                                       HB 931, First Engrossed/ntc



  1  act or under the provisions of chapter 298, Florida Statutes,

  2  and for maintaining and operating the equipment owned by the

  3  district and such other duties as may be prescribed by the

  4  board, the board may employ and fix the compensation of a

  5  district manager who shall have charge and supervision of the

  6  works of the district.

  7         Section 7.  Treasurer; depositories; fiscal agent.--

  8         (1)  The board shall designate a person who is a

  9  resident of Florida, or a bank or trust company organized

10  under the laws of Florida or under the National Banking Act,

11  as treasurer of the district, who shall have charge of the

12  funds of the district. Such funds shall be disbursed only upon

13  the order of or pursuant to the resolution of the board by

14  warrant or check signed by the treasurer, or by such other

15  person as may be authorized by the board. The board may give

16  the treasurer such other or additional powers and duties as

17  the board may deem appropriate, and fix his or her

18  compensation. The board may require the treasurer to give a

19  bond in such amount, on such terms, and with such sureties as

20  may be deemed satisfactory to the board to secure the

21  performance by the treasurer of his or her powers and duties.

22  The board shall audit or have audited the books of the

23  treasurer at least once a year.

24         (2)  The board is authorized to select as depositories

25  in which the bonds of the board and of the district shall be

26  deposited any banking corporation organized under the laws of

27  Florida or under the National Banking Act, doing business in

28  Florida, upon such terms and conditions as to the payment of

29  interest by such depository upon the funds so deposited as the

30  board may deem just and reasonable.

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                                       HB 931, First Engrossed/ntc



  1         (3)  The board may employ a fiscal agent to perform

  2  such duties and services at such rate of compensation as the

  3  board may determine.

  4         Section 8.  Compensation of board.--Each supervisor is

  5  entitled to receive for his or her services an amount not to

  6  exceed $200 per month. In addition, each supervisor shall

  7  receive reasonable traveling expenses for attending the place

  8  of meeting from his or her residence. Unless the board by

  9  resolution otherwise provides, such traveling expenses may not

10  be in excess of the amounts provided by law for state and

11  county officials.

12         Section 9.  Powers.--The district shall have, and the

13  board may exercise, any or all of the following powers:

14         (1)  To contract and be contracted with; to sue and be

15  sued in the name of the district; to adopt and use a seal; to

16  acquire by purchase, gift, devise, eminent domain (except as

17  limited herein), or otherwise, property, real or personal, or

18  any estate therein, within the district, to be used for any of

19  the purposes of this act.

20         (2)  To adopt a plan of reclamation; and to establish,

21  construct, operate, and maintain a system of main and lateral

22  canals, drains, ditches, levees, dikes, dams, sluices, locks,

23  revetments, reservoirs, holding basins, floodways, pumping

24  stations, syphons, culverts, and storm sewers to drain and

25  reclaim the lands within the district and to connect some or

26  any of them with roads and bridges as in the judgment of the

27  board is deemed advisable to provide access to such

28  facilities.

29         (3)  To acquire and maintain appropriate sites for

30  storage and maintenance of the equipment of the district; to

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                                       HB 931, First Engrossed/ntc



  1  acquire and maintain and construct a suitable building to

  2  house the office and records of the district.

  3         (4)  To clean out, straighten, widen, open up, or

  4  change the course and flow, alter or deepen any canal, ditch,

  5  drain, river, water course, or natural stream as within the

  6  judgment of the board is deemed advisable to drain and reclaim

  7  the lands within the district; to acquire, purchase, operate,

  8  and maintain pumps, plants, and pumping systems for drainage

  9  purposes; and to construct, operate, and maintain irrigation

10  works and machinery in connection with the purposes herein set

11  forth.

12         (5)  To regulate and set forth by appropriate

13  resolution the drainage requirements and conditions to be met

14  for plats to be entitled to record on any land within the

15  district, including authority to require as a condition

16  precedent for any platting that good and sufficient bond be

17  posted to assure proper drainage for the area to be platted.

18         (6)  To borrow money and issue bonds, certificates,

19  warrants, notes, or other evidences of indebtedness of the

20  district as hereinafter provided.

21         (7)  To build and construct any other works and

22  improvements deemed necessary to preserve and maintain the

23  works in or out of the district; to acquire, construct,

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

25  provide for machines and equipment for any purpose authorized

26  by this act or chapter 298, Florida Statutes; and to contract

27  for the purchase, construction, operation, maintenance, use,

28  sale, conveyance, and transfer of the said machinery and

29  equipment.

30         (8)  To construct or enlarge, or cause to be

31  constructed or enlarged, any and all bridges or culverts that


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                                       HB 931, First Engrossed/ntc



  1  may be needed in or out of the district, across any drain,

  2  ditch, canal, floodway, holding basin, excavation, public

  3  highway, tract, grade, fill, or cut; to construct roadways

  4  over levees and embankments; to construct any and all of said

  5  works and improvements across, through, or over any public

  6  right-of-way, highway, grade, fill, or cut in or out of the

  7  district.

  8         (9)  To hold, control, and acquire by donation,

  9  purchase, or condemnation, any easement, reservation, or

10  dedication in the district, for any of the purposes herein

11  provided. To condemn as provided by chapters 73 and 74,

12  Florida Statutes, or acquire, by purchase or grant, for use in

13  the district any land or property within the district

14  necessary for the purposes of this act.

15         (10)  To assess and impose upon all of the lands in the

16  district an ad valorem tax, an annual drainage tax, and a

17  maintenance tax as hereinafter provided.

18         (11)  To impose and foreclose special assessments liens

19  as hereinafter provided.

20         (12)  To prohibit, regulate, and restrict by

21  appropriate resolution all structures, materials, and things,

22  whether solid, liquid, or gas, whether permanent or temporary

23  in nature, which come upon, come into, connect to, or be a

24  part of any facility owned or operated by the district.

25         (13)  To administer and provide for the enforcement of

26  all of the provisions herein, including the making, adopting,

27  promulgating, amending, and repealing of all rules and

28  regulations necessary or convenient for the carrying out of

29  the duties, obligations, and powers conferred on the district

30  created hereby.

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                                       HB 931, First Engrossed/ntc



  1         (14)  To cooperate with or contract with other drainage

  2  districts or other governmental agencies as may be necessary,

  3  convenient, incidental, or proper in connection with any of

  4  the powers, duties, or purposes of the district as stated in

  5  this act.

  6         (15)  To employ engineers, attorneys, agents,

  7  employees, and representatives as the board of supervisors may

  8  from time to time determine necessary and to fix their

  9  compensation and duties.

10         (16)  To exercise all of the powers necessary,

11  convenient, incidental, or proper in connection with any of

12  the powers, duties, or purposes of said district as stated in

13  this act.

14         (17)  To construct, improve, and maintain roadways and

15  roads necessary and convenient to provide access to and

16  efficient development of areas made suitable and available for

17  cultivation, settlement, urban subdivision, homesites, and

18  other beneficial developments as a result of the drainage

19  operations of the district.

20         (18)  To make use of any public easements, dedications

21  to public use, platted reservations for public purposes, or

22  any reservations for drainage purposes within the boundaries

23  of the district.

24         (19)  To lease as lessor or lessee to or from any

25  person, firm, corporation, association, or body, public or

26  private, any projects of the type that the district is

27  authorized to undertake and facilities or property of any

28  nature for the use of the district to carry out any of the

29  purposes of this act.

30         (20)  To regulate the supply and level of water within

31  the district; to divert waters from one area, lake, pond,


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                                       HB 931, First Engrossed/ntc



  1  river, stream, basin, or drainage or water flood control

  2  facility to any other area, lake, pond, river, stream, basin,

  3  or drainage and water flood control facility; to regulate,

  4  control, and restrict the development and use of natural or

  5  artificial streams or bodies of water, lakes, or ponds; and to

  6  take all measures determined by the board to be necessary or

  7  desirable to prevent or alleviate land erosion. The powers

  8  granted to the district by this subsection shall be concurrent

  9  within the boundaries of the district with other public

10  bodies, agencies, or authorities as may be authorized by law.

11  The district is eligible to receive moneys, disbursements, and

12  assistance from the state available to flood control or water

13  management districts and the navigation districts or agencies.

14         (21)  To own, acquire, construct, reconstruct, equip,

15  operate, maintain, extend, and improve water systems and sewer

16  systems or combined water and sewer systems; to regulate the

17  use of sewers and the supply of water within the district and

18  to prohibit or regulate the use and maintenance of outhouses,

19  privies, septic tanks, or other sanitary structures or

20  appliances within the district; to prescribe methods of

21  pretreatment of wastes not amenable to treatment with domestic

22  sewage before accepting such wastes for treatment and to

23  refuse to accept such wastes when not sufficiently pretreated

24  as may be prescribed, and to prescribe penalties for the

25  refusal of any person or corporation to so pretreat such

26  wastes; to sell or otherwise dispose of the effluent, sludge,

27  or other byproducts as a result of sewage treatment; and to

28  construct and operate connecting, intercepting, or outlet

29  sewers and sewer mains and pipes and water mains, conduits, or

30  pipelines in, along, or under any street, alleys, highways, or

31  other public places or ways within or without the district,


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                                       HB 931, First Engrossed/ntc



  1  when deemed necessary or desirable by the board. The plans for

  2  any water or sewer system shall be subject to the approval of

  3  the state board of health.

  4         (22)  To own, acquire, construct, operate, and maintain

  5  parks, playgrounds, picnic grounds, camping facilities, and

  6  water recreation facilities within or without the district.

  7         (23)  To issue general obligation bonds, revenue bonds,

  8  assessment bonds, or any other bonds or obligations authorized

  9  by the provisions of this act or any other law, or any

10  combination of the foregoing, to pay all or part of the cost

11  of the acquisition, construction, reconstruction, extension,

12  repair, improvement, maintenance, or operation of any project

13  or combination of projects, to provide for any facility,

14  service, or other activity of the district and to provide for

15  the retirement or refunding of any bonds or obligations of the

16  district, or for any combination of the foregoing purposes.

17         (24)  To exercise any and all other powers conferred

18  upon drainage districts by chapter 298, Florida Statutes.

19         Section 10.  Seal.--The official seal of the district

20  shall bear the legend "Coral Springs Improvement District,

21  Broward County, Florida, Seal, Established 1966".

22         Section 11.  Fiscal year.--The board by resolution

23  shall establish the fiscal year for the district.

24         Section 12.  Annual budget.--Prior to May 15th of each

25  year after this act is effective, the secretary of the

26  district shall prepare a proposed budget to be submitted to

27  the board for their approval. The proposed budget shall

28  include an estimate of all necessary expenditures of the

29  district for the next ensuing fiscal year and an estimate of

30  income to the district from the taxes and assessments provided

31  in this act. The board shall consider the proposed budget item


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                                       HB 931, First Engrossed/ntc



  1  by item and may either approve the budget as proposed by the

  2  district manager or modify the same in part or in whole. The

  3  board shall indicate their approval of the budget by

  4  resolution, which resolution shall provide for a hearing on

  5  the budget as approved. Notice of the hearing on the budget

  6  shall be published in a newspaper in general circulation

  7  within the district in Broward County once a week for 2

  8  consecutive weeks; providing that the second publication shall

  9  not be less than 7 days after the first publication. The

10  notice shall be directed to all landowners in the district and

11  shall state the purpose of the meeting. The notice shall

12  further contain a designation of the date, time, and place of

13  the public hearing, which shall be not less than 7 days after

14  the second publication. At the time and place designated in

15  the notice, the board shall hear all objections to the budget

16  as proposed and make such changes as the board deems

17  necessary. At the conclusion of the budget hearing the board

18  shall, by resolution, adopt the budget as finally approved by

19  the board.

20         Section 13.  Notice and call of board meetings.--

21         (1)  The board shall establish a regular meeting date

22  each month and shall meet no less than one time a month.

23  However, the board may decide by majority vote to take 1 month

24  off from meetings each year for a vacation. Meetings of the

25  board shall be held in a public place, and shall be held in

26  accordance with the requirements of chapter 286, Florida

27  Statutes.

28         (2)  Special meetings of the board may be called at any

29  time to receive reports of the board or for such other purpose

30  as the board may determine upon 24 hours' notice to board

31


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                                       HB 931, First Engrossed/ntc



  1  members and to the public by posting at the district office at

  2  a public location set aside for notice purposes.

  3         Section 14.  Plan of reclamation; proceedings

  4  thereof.--The board may proceed to adopt a plan of reclamation

  5  as provided in chapter 298, Florida Statutes, or as provided

  6  in this section, in which case the following shall apply:

  7         (1)  The board shall cause to be made by the chief

  8  engineer or such other engineer or engineers as the board may

  9  employ for that purpose, a complete and comprehensive plan for

10  the drainage and reclamation of the lands located within the

11  district. The engineer or engineers designated by the board to

12  make said plan shall make all necessary surveys of the lands

13  within the boundary lines of said district and of all lands

14  adjacent thereto that will be improved or reclaimed in part or

15  in whole by any system of drainage that may be outlined and

16  adopted, and shall make a report in writing to the board with

17  maps and profiles of said surveys, which report shall contain

18  a full and complete plan for drainage and reclaiming the lands

19  located within the district from overflow or damage by water,

20  with the length, width, and depth of such canals, ditches,

21  dikes, or levees or other works as may be necessary in

22  conjunction with any canals, drains, ditches, dikes, levees,

23  or other works heretofore constructed by any other drainage or

24  reclamation district, or any other person or persons, or which

25  may hereafter be built by any or either of such agencies that

26  may be necessary or which can be advantageously used in such

27  plan and also an estimate of the cost of carrying out and

28  completing the plan of reclamation, including the cost of

29  superintending the same and all incidental expenses in

30  connection therewith.

31


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                                       HB 931, First Engrossed/ntc



  1         (2)  Upon the completion of such plan, the board shall

  2  hold a hearing thereon to hear objections thereto and shall

  3  give notice of the time and place fixed for such hearing by

  4  publication once each week for 2 consecutive weeks in a

  5  newspaper of general circulation in the district published in

  6  Broward County, and shall permit the inspection of said plan

  7  at the office of the district by all persons interested. All

  8  objections to said plan shall be filed at or before the time

  9  fixed in said notice for the hearing and shall be in writing.

10         (3)  After said hearing the board shall consider the

11  proposed plan and any objections thereto, and may modify,

12  reject, or adopt the plan, or may continue the hearing to a

13  day certain for further consideration of the proposed plan or

14  modifications thereof.

15         (4)  When the board shall approve such a plan a

16  resolution shall be adopted and a certified copy thereof shall

17  be filed in the office of the secretary and incorporated by

18  him or her into the records of the district.

19         (5)  The plan of reclamation may be altered in detail

20  from time to time until the appraisal record herein provided

21  is filed, but not in such manner as materially to affect the

22  conditions of its adoption. After the appraisal record has

23  been filed no alterations of the plan or reclamation shall be

24  made, except as provided by this act.

25         (6)  Within 20 days after the final adoption of the

26  plan of reclamation by the board, the secretary of the

27  district shall prepare and transmit a certified copy thereof

28  to the clerk of the circuit court and at the same time the

29  board shall file with said clerk a petition that the said

30  court appoint three commissioners to appraise the lands to be

31  acquired for right-of-way, holding basins, and other drainage


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                                       HB 931, First Engrossed/ntc



  1  works of the district and to assess benefits and damages

  2  accruing to all lands within the district by reason of the

  3  execution of the plan of reclamation. Immediately after the

  4  filing of such petition the judge of said court in whose

  5  division the petition shall have been assigned shall by an

  6  order appoint three commissioners, who shall be freeholders

  7  residing within Florida, and who shall not be landowners in

  8  said district, nor of kin within the fourth degree of

  9  consanguinity to any person owning land in said district. A

10  majority of said commissioners shall constitute a quorum and

11  shall control the action of the commissioners on all

12  questions.

13         (7)  Immediately upon the filing of said order of

14  appointment, the secretary of the district shall notify each

15  of said commissioners of his or her appointment, and in the

16  said notice he or she shall state the time and place for the

17  first meeting of the commissioners. The secretary of the

18  district, or his or her deputy, shall attend such meeting and

19  shall furnish to the commissioners a complete list of lands

20  embraced in the district, or adjacent thereto, that will be

21  affected by the execution of the plan of reclamation. The

22  secretary shall also furnish to the commissioners a copy of

23  the plan of reclamation and such other papers, documents, and

24  information as the commissioners require. The commissioners at

25  the meeting shall each take and subscribe to an oath that he

26  or she will faithfully and impartially discharge his or her

27  duties as such commissioner and make a true report of the work

28  performed by such commissioners, and shall elect one of their

29  number chair. The secretary of the district, or his or her

30  deputy, shall be ex officio secretary to the commissioners,

31  and the attorney for the district, other agents, and employees


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                                       HB 931, First Engrossed/ntc



  1  thereof shall cooperate with the commissioners and furnish to

  2  them such advice, assistance, and cooperation as they shall

  3  require.

  4         (8)  Immediately after qualifying as provided in the

  5  previous paragraph, the commissioners shall commence the

  6  performance of their duties; the chief engineer, or one of his

  7  or her assistants, shall accompany said commissioners when

  8  engaged in the discharge of their duties and shall render his

  9  or her opinion in writing when called for. Said commissioners

10  shall proceed to view the premises and determine the value of

11  the lands within or without the district to be acquired and

12  used for rights-of-way, holding basins, and other works

13  described in the plan of reclamation; they shall appraise all

14  benefits and damages which will accrue to all lands by reason

15  of the execution of the plan of reclamation. The commissioners

16  in appraising benefits to lands, public highways, railroads,

17  and other rights-of-way shall not consider what benefits will

18  be derived by such property after other ditches, improvements,

19  or other plans of reclamation shall have been constructed, but

20  they shall appraise only such benefits as will be derived from

21  the construction of the works and improvements described in

22  the plan of reclamation or as the same may afford an outlet

23  for drainage or protection from overflow of such property. The

24  commissioners shall give due consideration and credit to any

25  other drainage works which have already been constructed and

26  which afford partial or complete protection to any tract or

27  parcel of land within the district. The public highways,

28  railroads, and other rights-of-way shall be appraised

29  according to the increased physical efficiency and decreased

30  maintenance cost of roadways by reason of the improvements.

31  The commissioners shall have no power to change the plan of


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                                       HB 931, First Engrossed/ntc



  1  reclamation. The commissioners shall prepare a report of their

  2  findings, which shall be arranged in tabular form, the columns

  3  of which shall be headed as follows: Column 1, Owner of

  4  Property Appraised; Column 2, Description of Property

  5  Appraised; Column 3, Number of Acres Appraised; Column 4,

  6  Amount of Benefits Appraised; Column 5, Amount of Damages

  7  Appraised; Column 6, Number of Acres to be Taken for

  8  Rights-of-way, Holding Basins, etc.; Column 7, Value of

  9  Property to be Taken. They shall also, by and with the advice

10  of the chief engineer, estimate the cost of the works

11  described in the plan of reclamation, which estimate shall

12  include the cost of property required for rights-of-way,

13  holding basins, and other works, the probable expense of

14  organization and administration as estimated by the board of

15  supervisors, and all of the expenses of the district during

16  the period of executing the plan of reclamation. Before

17  appraisals of compensation and damages are made, the board may

18  report to the commissioners the parcels of land it may wish to

19  purchase and for which it may wish appraisals to be made, both

20  for easement and for purchase in fee simple, and the board may

21  specify the particular purpose for which, and the extent to

22  which, an easement in any property is desired, describing

23  definitely such purpose and extent. Wherever so instructed to

24  do by the board, the commissioners shall appraise lands that

25  may be necessary or desirable for the district to own and,

26  when so requested by the board, the commissioners shall also

27  appraise both the total value of the land and also the damages

28  due to any easement required for the purposes of the district.

29         The report of the commissioners shall be signed by at

30  least a majority of the commissioners and filed in the office

31  of the clerk of the circuit court of Broward County. Each


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                                       HB 931, First Engrossed/ntc



  1  commissioner shall be paid $100 per day for his or her

  2  services and necessary expenses in addition thereto.

  3         (9)  Upon the filing of the report of the

  4  commissioners, the clerk shall give notice thereof by causing

  5  publication to be made once a week for 2 consecutive weeks in

  6  a newspaper of general circulation in the district, published

  7  in Broward County. It shall not be necessary for the clerk to

  8  name the parties interested, nor to describe separate lots or

  9  tracts of land in giving said notice, but it shall be

10  sufficient to publish the notice in the following form:

11

12         "NOTICE OF FILING COMMISSIONERS' REPORT FOR

13         CORAL SPRINGS IMPROVEMENT DISTRICT.

14

15         Notice is hereby given that the Commissioners

16         heretofore appointed to appraise benefits and

17         damages to property and lands located within

18         Coral Springs Improvement District in the State

19         of Florida and to appraise the cash value of

20         the land necessary to be taken for

21         rights-of-way, holding basins, and other works

22         of said district did file their report in the

23         office of the undersigned Clerk of the Circuit

24         Court, upon the ..... day of ..............,

25         20....., and you, and each of you, are hereby

26         notified that you may examine said report and

27         file exceptions to same on or before the .....

28         day of .............., 20..... (which date

29         shall be not less than 28 days nor more than 30

30         days from the first date of publication).

31


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                                       HB 931, First Engrossed/ntc



  1                     ...................................

  2                              Clerk of the Circuit Court

  3                             of Broward County, Florida"

  4

  5         The state board of drainage commissioners, the drainage

  6  district, or any owner of land or other property to be

  7  affected by said report, may file exception to any part, or

  8  all, of the report of said commissioners within the time

  9  specified in the notice prescribed in the preceding paragraph.

10  All exceptions shall be heard and determined by the court. If

11  no exceptions are filed, or if it is shown, upon the hearing

12  of all of said exceptions, that the estimated cost of

13  construction of improvements contemplated in the plan of

14  reclamation is less than the benefits assessed against the

15  lands in said district, the court shall approve and confirm

16  said commissioners' report; but, if the court, upon hearing

17  the objections filed, finds that any or all such objections

18  should be sustained, it shall order the report changed to

19  conform with such findings, and when so changed the court

20  shall approve and confirm such report and enter its decree

21  accordingly. The court shall adjudge and apportion the costs

22  incurred by the exceptions filed, and shall condemn any land

23  or other property that is shown by the report of the

24  commissioners to be needed for rights-of-way, holding basins,

25  or other works, following the procedure provided in chapters

26  73 and 74, Florida Statutes; provided, however, that any

27  property owner may accept the assessment of damages in his or

28  her favor made by the commissioners, or acquiesce in their

29  failure to assess damages in his or her favor, and shall be

30  construed to have done so, unless he or she gives the

31  supervisors of the district, on or before the time shall have


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                                       HB 931, First Engrossed/ntc



  1  expired for filing exceptions as provided in this act, notice

  2  in writing that he or she demands an assessment of his or her

  3  damages by a jury; in which event the supervisors of the

  4  district shall institute in the circuit court of Broward

  5  County an action to condemn the lands and other property that

  6  must be taken or damaged in the making of such improvements,

  7  with the right and privilege of paying into court a sum to be

  8  fixed by the circuit court or judge, and proceeding with the

  9  work, before the assessment by the jury; provided, any person

10  or party interested may prosecute and appeal to the

11  appropriate district court of appeal in the manner and within

12  the time provided by the Florida appellate rules.

13         The clerk of the circuit court of Broward County shall

14  transmit a certified copy of the court decree and copy of the

15  commissioners' report, as confirmed or amended by the court,

16  to the secretary of the board, and such clerk shall receive a

17  fee of $5 for receiving, filing, and preserving same as a

18  permanent record.

19         Section 15.  Adoption, revision, and revocation of plan

20  of reclamation.--In addition to and not in limitation of its

21  power to provide for and adopt a plan of reclamation provided

22  in section 14 and under section 298, Florida Statutes, and

23  amendments thereto, the board may at any time and from time to

24  time adopt, revoke, or modify in whole or in part, any plan of

25  reclamation or any plan providing for the drainage of lands

26  within the district, and may provide for such new and

27  additional drainage facilities, canals, ditches, levees, and

28  other works as the board may determine. In connection with the

29  revision of any plan of reclamation or the providing of any

30  new or additional drainage facilities, canals, ditches,

31  levees, or other works, or in the event the total taxes and


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                                       HB 931, First Engrossed/ntc



  1  assessments theretofore levied or the funds derived from the

  2  sale of bonds are insufficient to pay the cost of any drainage

  3  works, benefits may be reassessed, additional assessments

  4  made, and taxes levied in accordance with the procedures

  5  provided in this act or in chapter 298, Florida Statutes. The

  6  board may at any time approve and make effective technical

  7  changes or modifications in any plan of reclamation or

  8  drainage not affecting assessed benefits, levy of taxes, or

  9  the security of bondholders.

10         Section 16.  Assessing land for reclamation;

11  apportionment of tax; lands belonging to state assessed;

12  drainage tax record.--After the lists of lands, with the

13  assessed benefits and the decree and judgment of court, have

14  been filed in the office of the clerk of the circuit court as

15  provided in section 14, then the board shall, without any

16  unnecessary delay, levy a tax of such portion of said benefits

17  on all lands in the district to which benefits have been

18  assessed, as may be found necessary by the board of

19  supervisors to pay the costs of the completion of the proposed

20  works and improvements, as shown in said plan of reclamation

21  and in carrying out the objects of said district; and, in

22  addition thereto, 10 percent of said total amount for

23  emergencies. The said tax shall be apportioned to, and levied

24  on, each tract of land in said district in proportion to the

25  benefits assessed, and not in excess thereof; and in case

26  bonds are issued, as provided in this act, a tax shall be

27  levied in a sum not less than an amount 90 percent of which

28  shall be equal to the principal of said bonds. The amount of

29  bonds to be issued for paying the cost of the works as set

30  forth in the plan of reclamation shall be ascertained and

31  determined by the board; provided, however, that the total


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                                       HB 931, First Engrossed/ntc



  1  amount of all bonds to be issued by the district shall in no

  2  case exceed 90 percent of the benefits assessed upon the lands

  3  of the district. The amount of the interest (as estimated by

  4  said board), which will accrue on such bonds, shall be

  5  included and added to the said tax, but the interest to accrue

  6  on account of the issuing of said bonds shall not be construed

  7  as a part of the costs of construction in determining whether

  8  or not the expenses and costs of making said improvements are

  9  equal to, or in excess of, the benefits assessed. The

10  secretary of the board of supervisors, as soon as said total

11  tax is levied, shall, at the expense of the district, prepare

12  a list of all taxes levied, in the form of a well-bound book

13  which book shall be endorsed and named "DRAINAGE TAX RECORD OF

14  CORAL SPRINGS IMPROVEMENT DISTRICT, BROWARD COUNTY, FLORIDA"

15  which endorsement shall be printed or written at the top of

16  each page in said book, and shall be signed and certified by

17  the president and secretary of the board, attested by the seal

18  of the district, and the same shall thereafter become a

19  permanent record in the office of said secretary.

20         Section 17.  Prepayment of taxes or assessments.--The

21  board may provide that any tax or assessment may be paid at

22  any time before due, together with interest accrued thereon to

23  the date of prepayment and any prepayment premiums or

24  penalties, if such prior payment shall be permitted by the

25  proceedings authorizing any bonds or other obligations for the

26  payment of which special assessments have been pledged or

27  taxes levied.

28         Section 18.  Tax liens.--All taxes of the district

29  provided for in this act or chapter 298, Florida Statutes,

30  together with all penalties for default in the payment of the

31  same and all costs in collecting the same, including a


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                                       HB 931, First Engrossed/ntc



  1  reasonable attorney's fee fixed by the court and taxed as cost

  2  in the action brought to enforce payment, shall from January 1

  3  for each year the property is liable to assessment and until

  4  paid constitute a lien of equal dignity with the liens for

  5  state and county taxes and other taxes of equal dignity with

  6  state and county taxes upon all the lands against which such

  7  taxes shall be levied. A sale of any of the real property

  8  within the district for state and county or other taxes shall

  9  not operate to relieve or release the property so sold from

10  the lien for subsequent district taxes or installments of

11  district taxes which lien may be enforced against such

12  property as though no such sale thereof had been made. The

13  provisions of Florida Statutes shall be applicable to district

14  taxes with the same force and effect as if said provisions

15  were expressly set forth in this act.

16         Section 19.  Issuance of bond anticipation notes.--In

17  addition to the other powers provided for in this act and not

18  in limitation thereof, the district shall have the power, at

19  any time and from time to time after the issuance of any bonds

20  of the district shall have been authorized, to borrow money

21  for the purposes for which such bonds are to be issued in

22  anticipation of the receipt of the proceeds of the sale of

23  such bonds and to issue bond anticipation notes in a principal

24  sum not in excess of the authorized maximum amount of such

25  bond issue. Such notes shall be in such denomination or

26  denominations, bear interest at such rate as the board may

27  determine, not to exceed 10 percent per year, mature at such

28  time or times not later than 5 years from the date of

29  issuance, and be in such form and executed in such manner as

30  the board shall prescribe. Such notes may be sold at either

31  public or private sale, or if such notes shall be renewal


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                                       HB 931, First Engrossed/ntc



  1  notes, may be exchanged for notes then outstanding on such

  2  terms as the board shall determine. Such notes shall be paid

  3  from the proceeds of such bonds when issued. The board may in

  4  its discretion, in lieu of retiring the notes by means of

  5  bonds, retire them by means of current revenues or from any

  6  taxes or assessments levied for the payment of such bonds, but

  7  in such event a like amount of the bonds authorized shall not

  8  be issued.

  9         Section 20.  Short-term borrowing.--The district at any

10  time may obtain loans, in such amount and on such terms and

11  conditions as the board may approve, for the purpose of paying

12  any of the expenses of the district or any costs incurred or

13  that may be incurred in connection with any of the projects of

14  the district, which loans shall have a term not exceeding 2

15  years from the date of issuance thereof, and may be renewable

16  for a like term or terms, shall bear such interest as the

17  board may determine, not to exceed 10 percent per year, and

18  may be payable from and secured by a pledge of such funds,

19  revenues, taxes, and assessments as the board may determine.

20  For the purpose of defraying such costs and expenses, the

21  district may issue negotiable notes, warrants, or other

22  evidences of debt signed on behalf of the district by any one

23  of the board duly authorized by the board, such notes or other

24  evidences of indebtedness to be payable at such times, to bear

25  such interest as the board may determine not to exceed 10

26  percent per year, and to be sold or discounted at such price

27  or prices and on such terms as the board may deem advisable.

28  The board shall have the right to provide for the payment

29  thereof by pledging the whole or any part of the funds,

30  revenues, taxes, and assessments of the district. The approval

31  of the qualified electors who are freeholders residing in the


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                                       HB 931, First Engrossed/ntc



  1  district shall not be necessary except where required by the

  2  Florida Constitution.

  3         Section 21.  Trust agreements.--In the discretion of

  4  the board, any issue of bonds may be secured by a trust

  5  agreement by and between the district and a corporate trustee

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

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

  8  resolution authorizing the issuance of the bonds or such trust

  9  agreement may pledge the revenues to be received from any

10  projects of the district and may contain such provisions for

11  protecting and enforcing the rights and remedies of the

12  bondholders as the board may approve, including, without

13  limitation, covenants setting forth the duties of the district

14  in relation to the acquisition, construction, reconstructions,

15  improvements, maintenance, repair, operation, and insurance of

16  any projects, the fixing and revising of the rates, fees, and

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

18  moneys, and for the employment of counseling engineers in

19  connection with such acquisition, construction,

20  reconstruction, improvement, maintenance, repair, or

21  operation. It shall be lawful for any bank or trust company

22  incorporated under the laws of the state which may act as a

23  depository of the proceeds of bonds or of revenues to furnish

24  such indemnifying bonds or to pledge such securities as may be

25  required by the district. Such resolution or trust agreement

26  may set forth the rights and remedies of the bondholders and

27  of the trustee, if any, and may restrict the individual right

28  of action by bondholders. The board may provide for the

29  payment of the proceeds of the sale of the bonds and the

30  revenues of any project to such officer, board, or depository

31  as it may designate for the custody thereof, and for the


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                                       HB 931, First Engrossed/ntc



  1  method of disbursement thereof with such safeguards and

  2  restrictions as it may determine. All expenses incurred in

  3  carrying out the provisions of such resolution or trust

  4  agreement may be treated as part of the cost of operation of

  5  the project to which such trust agreement pertains.

  6         Section 22.  Sale of bonds.--Bonds may be sold in

  7  blocks or installments at different times, or an entire issue

  8  or series may be sold at one time. Bonds may be sold at public

  9  or private sale after such advertisement, if any, as the board

10  may deem advisable but not in any event at less than 90

11  percent of the par value thereof, together with accrued

12  interest thereon. Bonds may be sold or exchanged for refunding

13  bonds. Special assessment and revenue bonds may be delivered

14  as payment by the district of the purchase price or lease of

15  any project or part thereof, or a combination of projects or

16  parts thereof, or as the purchase price or exchanged for any

17  property, real, personal, or mixed, including franchises, or

18  services rendered by any contractor, engineer, or other

19  person, all at one time or in blocks from time to time, in

20  such manner and upon such terms as the board in its discretion

21  shall determine. The price or prices for any bonds sold,

22  exchanged, or delivered may be:

23         (a)  The money paid for the bonds,

24         (b)  The principal amount, plus accrued interest to the

25  date of redemption or exchange, or outstanding obligations

26  exchanged for refunding bonds, or

27         (c)  In the case of special assessment or revenue

28  bonds, the amount of any indebtedness to contractors or other

29  persons paid with such bonds, or the fair value of any

30  properties exchanged for the bonds, as determined by the

31  board.


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                                       HB 931, First Engrossed/ntc



  1         Section 23.  Authorization and form of bonds.--Bonds

  2  may be authorized by resolution or resolutions of the board

  3  which shall be adopted by a majority of all of the members

  4  thereof then in office. Such resolution or resolutions may be

  5  adopted at the same meeting at which they are introduced, and

  6  need not be published or posted. The board may by resolution

  7  authorize the issuance of bonds, fix the aggregate amount of

  8  bonds to be issued, the purpose or purposes for which the

  9  moneys derived therefrom shall be expended, the rate or rates

10  of interest, not to exceed 10 percent per year, the

11  denomination of the bonds, whether or not the bonds are to be

12  issued in one or more series, the date or dates of maturity,

13  which shall not exceed 40 years from their respective dates of

14  issuance, the medium of payment, the place or places within or

15  without the state where payment shall be made, registration

16  privileges, redemption terms and privileges (whether with or

17  without premium), the manner of execution, the form of the

18  bonds including any interest coupons to be attached thereto,

19  the manner of execution of bonds and coupons, and any and all

20  other terms, covenants, and conditions thereof, and the

21  establishment of revenue or other funds. Such authorizing

22  resolution may further provide that such bonds may be executed

23  manually or by engraved, lithographed, or facsimile signature,

24  provided that where signatures are engraved, lithographed, or

25  facsimile no bond shall be valid unless countersigned by a

26  registrar or other officer designated by appropriate

27  resolution of the board. The seal of the district may be

28  affixed, lithographed, engraved, or otherwise reproduced in

29  facsimile on such bonds. In case any officer whose signature

30  shall appear on any bonds or coupons shall cease to be such

31  officer before the delivery of such bonds, such signature or


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                                       HB 931, First Engrossed/ntc



  1  facsimile shall nevertheless be valid and sufficient for all

  2  purposes the same as if he or she had remained in office until

  3  such delivery.

  4         Section 24.  Interim certificates; replacement

  5  certificates.--Pending the preparation of definitive bonds,

  6  the board may issue interim certificates or receipts or

  7  temporary bonds, in such form and with such provisions as the

  8  board may determine, exchangeable for definitive bonds when

  9  such bonds shall have been executed and are available for

10  delivery. The board may also provide for the replacement of

11  any bonds that shall become mutilated or be lost or destroyed.

12         Section 25.  Negotiability of bonds.--Any bond issued

13  under this act and any interim certificate, receipt, or

14  temporary bond shall, in the absence of an express recital on

15  the face thereof that it is nonnegotiable, be fully negotiable

16  and shall be and constitute negotiable instruments within the

17  meaning and for all purposes of the law merchant and the laws

18  of Florida.

19         Section 26.  Defeasance.--The board may make such

20  provision with respect to the defeasance of the right, title,

21  and interest of the holders of any of the bonds and

22  obligations of the district in any revenues, funds, or other

23  properties by which such bonds are secured as the board deems

24  appropriate and, without limitation on the foregoing, may

25  provide that when such bonds or obligations become due and

26  payable or shall have been called for redemption, and the

27  whole amount of the principal and interest and premium, if

28  any, due and payable upon the bonds or obligations then

29  outstanding shall be paid, or sufficient moneys or direct

30  obligations of the United States Government the principal of

31  and the interest on which when due will provide, sufficient


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                                       HB 931, First Engrossed/ntc



  1  moneys, shall be held or deposited in trust for such purpose,

  2  and provision shall also be made for paying all other sums

  3  payable in connection with such bonds or other obligations,

  4  then and in such event the right, title, and interest of the

  5  holders of the bonds in any revenues, funds, or other

  6  properties by which such bonds are secured shall thereupon

  7  cease, determine, and become void, and the board may apply any

  8  surplus in any sinking fund established in connection with

  9  such bonds or obligations and all balances remaining in all

10  other funds or accounts other than money held for the

11  redemption or payment of the bonds or other obligations to any

12  lawful purpose of the district as the board shall determine.

13         Section 27.  Issuance of additional bonds.--If the

14  proceeds of any bonds shall be less than the cost of

15  completing the project in connection with which such bonds are

16  issued, the board may authorize the issuance of additional

17  bonds, upon such terms and conditions as the board may provide

18  in the resolution authorizing the issuance thereof, but only

19  in compliance with the resolution or other proceedings

20  authorizing the issuance of the original bonds.

21         Section 28.  Refunding bonds.--The district shall have

22  the power to issue bonds to provide for the retirement or

23  refunding of any bonds or obligations of the district that at

24  the time of such issuance are or subsequently thereto become

25  due and payable, or that at the time of issuance have been

26  called or are or will be subject to call for redemption within

27  10 years thereafter, or the surrender of which can be procured

28  from the holders thereof at prices satisfactory to the board.

29  Refunding bonds may be issued at any time when in the judgment

30  of the board such issuance will be advantageous to the

31  district. No approval of the qualified electors who are


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                                       HB 931, First Engrossed/ntc



  1  freeholders residing in the district shall be required for the

  2  issuance of refunding bonds except in cases where such

  3  approval is required by the constitution. The board may, by

  4  resolution, confer upon the holders of such refunding bonds

  5  all rights, powers, and remedies to which the holders would be

  6  entitled if they continued to be the owners and had possession

  7  of the bonds for the refinancing of which said refunding bonds

  8  are issued, including, but not limited to, the preservation of

  9  the lien of such bonds on the revenues of any project or on

10  pledged funds, without extinguishment, impairment, or

11  diminution thereof. The provisions of this act pertaining to

12  bonds of the district shall, unless the context otherwise

13  requires, govern the issuance of refunding bonds, the form and

14  other details thereof, the rights of the holders thereof, and

15  the duties of the board with respect to the same.

16         Section 29.  Revenue bonds.--

17         (1)  The district shall have the power to issue revenue

18  bonds from time to time without limitation as to amount. Such

19  revenue bonds may be secured by or payable from the gross or

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

21  combination of projects, from the rates, fees, or other

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

23  projects, from any revenue-producing undertaking or activity

24  of the district, or from any other source or pledged security.

25  Such bonds shall not constitute an indebtedness of the

26  district, and the approval of neither the qualified electors

27  nor the qualified electors who are freeholders shall be

28  required unless such bonds are additionally secured by the

29  full faith and credit and taxing power of the district.

30         (2)  Any two or more projects may be combined and

31  consolidated into a single project, and may thereafter be


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                                       HB 931, First Engrossed/ntc



  1  operated and maintained as a single project. The revenue bonds

  2  authorized herein may be issued to finance any one or more

  3  such projects, regardless of whether or not such projects have

  4  been combined and consolidated into a single project. If the

  5  board deems it advisable, the proceedings authorizing such

  6  revenue bonds may provide that the district may thereafter

  7  combine the projects then being financed or theretofore

  8  financed with other projects to be subsequently financed by

  9  the district, and that revenue bonds to be thereafter issued

10  by the district shall be on parity with the revenue bonds then

11  being issued, all on such terms, conditions, and limitations

12  as shall be provided, and may further provide that the

13  revenues to be derived from the subsequent projects shall at

14  the time of the issuance of such parity revenue bonds be also

15  pledged to the holders of any revenue bonds theretofore issued

16  to finance the revenue undertakings which are later combined

17  with such subsequent projects. The district may pledge for the

18  security of the revenue bonds a fixed amount, without regard

19  to any fixed proportion of the gross revenues of any project.

20         Section 30.  General obligation bonds.--

21         (1)  The district shall have the power from time to

22  time to issue general obligation bonds in an aggregate

23  principal amount of bonds outstanding at any one time not in

24  excess of 35 percent of the assessed value of the taxable

25  property within the district as shown on the pertinent tax

26  records at the time of the authorization of the general

27  obligation bonds for which the full faith and credit of the

28  district is pledged. Except for refunding bonds, no general

29  obligation bonds shall be issued unless the issuance thereof

30  shall have been approved at an election of freeholders held in

31  accordance with the requirements for such election as


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                                       HB 931, First Engrossed/ntc



  1  prescribed by the Constitution of Florida. Such elections

  2  shall be called to be held in the district by the Board of

  3  County Commissioners of Broward County upon the request of the

  4  board of the district. The expenses of calling and holding

  5  such referendum elections shall be borne by the district and

  6  the district shall reimburse the county for any expenses

  7  incurred in calling or holding such elections. In the

  8  alternative, at the option of the board, the board may make

  9  such other provision for the registration of such qualified

10  electors who are freeholders and the calling and holding of

11  such elections as the board may from time to time deem

12  appropriate.

13         (2)  The district may pledge its full faith and credit

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

15  obligations bonds, and for any reserve or other funds provided

16  therefor, and may unconditionally and irrevocably pledge

17  itself to levy ad valorem taxes on all taxable property in the

18  district, to the extent necessary for the payment thereof,

19  without limitations as to rate or amount.

20         (3)  If the board shall determine to issue general

21  obligation bonds for more than one different purpose, the

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

23  purposes may be submitted to the freeholders on one and the

24  same ballot. The failure of the freeholders to approve the

25  issuance of bonds for any one or more purposes shall not

26  defeat the approval of bonds for any purpose that shall be

27  approved by the freeholders.

28         Section 31.  Bonds as legal investment or

29  security.--Notwithstanding any provisions of any other law to

30  the contrary, all bonds issued under the provisions of this

31  act shall constitute legal investments for savings banks,


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                                       HB 931, First Engrossed/ntc



  1  banks, trust companies, insurance companies, executors,

  2  administrators, trustees, guardians, and other fiduciaries,

  3  and for any board, body, agency, instrumentality, county,

  4  municipality, or other political subdivision of the state, and

  5  shall be and constitute securities which may be deposited by

  6  banks or trust companies as security for deposits of state,

  7  county, municipal, or other public funds, or by insurance

  8  companies as required or voluntary statutory deposits.

  9         Section 32.  Covenants.--Any resolution authorizing the

10  issuance of bonds may contain such covenants as the board may

11  deem advisable and all such covenants shall constitute valid

12  and legally binding and enforceable contracts between the

13  district and the bondholders, regardless of the time of

14  issuance thereof. Such covenants may include, without

15  limitation, covenants concerning the disposition of the bond

16  proceeds, the use and disposition of project revenues, the

17  pledging of revenues, taxes, and assessments, the obligations

18  of the district with respect to the operation of the project

19  and the maintenance of adequate project revenues, the issuance

20  of additional bonds, the appointment, powers, and duties of

21  trustees and receivers, the acquisition of outstanding bonds

22  and obligations, restrictions on the establishing of competing

23  projects or facilities, restrictions on the sale or disposal

24  of the assets and property of the district, the priority of

25  assessment liens, the priority of claims by bondholders on the

26  taxing power of the district, the maintenance of deposits to

27  assure the payment of revenues by users of district facilities

28  and services, the discontinuance of district services by

29  reason of delinquent payments, acceleration upon default, the

30  execution of necessary instruments, the procedure for amending

31  or abrogating covenants with the bondholders, and such other


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                                       HB 931, First Engrossed/ntc



  1  covenants as may be deemed necessary or desirable for the

  2  security of the bondholders.

  3         Section 33.  Validity of bonds; validation

  4  proceedings.--

  5         (1)  Any bonds issued by the district shall be

  6  incontestable in the hands of bona fide purchasers or holders

  7  for value and not be invalid because of any irregularity or

  8  defects in the proceedings for the issue and sale thereof.

  9  Prior to the issuance of any bonds, the district may, but is

10  not required to, publish a notice at least once in a newspaper

11  or newspapers published or of general circulation in Broward

12  County and within the district stating the date of adoption of

13  the resolution authorizing such obligations, the amount, the

14  maximum rate of interest and maturity of such obligations, and

15  the purpose in general terms for which such obligations are to

16  be issued, and further stating that any action or proceeding

17  questioning the validity of such obligations or of the

18  proceedings authorizing the issuance thereof, or of any of the

19  covenants made therein, must be instituted within 20 days

20  after the first publication of such notice, or the validity of

21  such obligations, proceedings, and covenants shall not be

22  thereafter questioned in any court whatsoever. If no such

23  action or proceeding is so instituted within such 20-day

24  period then the validity of such obligations, proceedings, and

25  covenants shall be conclusive, and all persons or parties

26  whatsoever shall be forever barred from questioning the

27  validity of such obligations, proceedings, or covenants in any

28  court whatsoever.

29         (2)  The power of the district to issue bonds under the

30  provisions of this act may be determined and any of the bonds

31  of the district may be validated and confirmed by circuit


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                                       HB 931, First Engrossed/ntc



  1  court decree, under the provisions of chapter 75, Florida

  2  Statutes, and laws amendatory thereof or supplementary

  3  thereto.

  4         Section 34.  Within act furnishes full authority for

  5  issuance of bonds.--This act constitutes full and complete

  6  authority for the issuance of bonds and the exercise of the

  7  powers of the district provided herein. No procedures or

  8  proceedings, publications, notices, consents, approvals,

  9  orders, acts, or things by the board, or any board, officers,

10  commission, department, agency, or instrumentality of the

11  district, other than those required by this act, shall be

12  required to issue any bonds or to do any act or perform

13  anything under this act, and the issuance or sale of bonds

14  pursuant to the provisions of this act need not comply with

15  the requirements of any other law applicable to the issuance

16  or sale of bonds, except as otherwise provided in this act,

17  and shall not require the consent or approval of the board of

18  drainage commissioners of the State of Florida or of any other

19  board, officers, commission, department, agency, or

20  instrumentality of the state or any political subdivision

21  thereof. Except as otherwise provided herein, no proceedings

22  or procedures of any character whatever shall be necessary or

23  required for the issuance of bonds other than the adoption of

24  an appropriate resolution by the board as provided in this act

25  with respect to the issuance of the same. The powers conferred

26  by this act on the district with respect to the issuance and

27  sale of bonds shall be in addition and supplemental to the

28  powers conferred by any other law.

29         Section 35.  Pledge by the state to the bondholders of

30  the district and to the Federal Government.--The State of

31  Florida pledges to the holders of any bonds issued under this


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                                       HB 931, First Engrossed/ntc



  1  act that it will not limit or alter the rights of the district

  2  to own, acquire, construct, reconstruct, improve, maintain,

  3  operate, or furnish the projects or to levy and collect the

  4  taxes, assessments, rentals, rates, fees, and other charges

  5  provided for herein and to fulfill the terms of any agreement

  6  made with the holders of such bonds or other obligations, that

  7  it will not in any way impair the rights or remedies of the

  8  holders.

  9         Section 36.  Ad valorem taxes.--The board shall have

10  the power to levy and assess an ad valorem tax on all the

11  taxable real and tangible personal property in the district to

12  pay the principal of and interest on any general obligation

13  bonds of the district, to provide for any sinking or other

14  funds established in connection with any such bonds. The ad

15  valorem tax provided for herein shall be in addition to county

16  and all other ad valorem taxes provided for by law. Such tax

17  shall be assessed, levied, and collected in the same manner

18  and same time as county taxes.

19         Section 37.  Annual installment taxes.--

20         (1)  The board shall annually determine, order, and

21  levy the annual installment of the total taxes which are

22  levied under section 298.36, Florida Statutes, which shall be

23  due and be collected during each year that county taxes are

24  due and collected and said annual installment and levy shall

25  be evidenced to and certified by the board not later than

26  August 31st of each year to the Broward County property

27  appraiser. Said tax shall be entered by the county property

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

29  the Broward County tax collector in the same manner and the

30  same time as county taxes and the proceeds thereof paid to the

31  district. The tax shall be a lien until paid on the property


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                                       HB 931, First Engrossed/ntc



  1  against which assessed and enforceable in like manner as

  2  county taxes.

  3         (2)  In the alternative, the board may by resolution

  4  determine the amount of taxes as provided by section 298.37,

  5  Florida Statutes, and thereafter the annual installments shall

  6  be levied, collected, and enforced as provided in chapter 298,

  7  Florida Statutes.

  8         Section 38.  Maintenance tax.--To maintain and preserve

  9  the drainage improvements of the district, a maintenance tax

10  shall be evidenced to and certified by the board of

11  supervisors not later than August 31st of each year to the

12  property appraiser and shall be entered by the property

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

14  the tax collector in the same manner and time as county taxes

15  and the proceeds therefrom paid to the district. The tax shall

16  be a lien until paid on the property against which assessed

17  and enforceable in like manner as county taxes. If the

18  maintenance is for original construction based upon an

19  apportionment of benefits, the maintenance tax shall be

20  apportioned on the same basis of the net assessments of

21  benefits assessed or accruing for original construction and

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

23  maintenance is for other drainage improvements owned,

24  operated, or acquired by the district, the amount of said

25  maintenance tax shall be determined by the board based upon a

26  report of the chief engineer and assessed by the board, upon

27  such lands, which may be all of the lands within the district

28  benefited by the maintenance thereof, apportioned between the

29  benefited lands in proportion to the benefits received by each

30  tract of land.

31


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                                       HB 931, First Engrossed/ntc



  1         Section 39.  Enforcement of taxes.--The collection and

  2  enforcement of all taxes levied by the district shall be at

  3  the same time and in like manner as county taxes and the

  4  provision of the Florida Statutes relating to the sale of

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

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

  7  delinquent county taxes, the redemption thereof, the issuance

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

  9  procedures in connection therewith shall be applicable to the

10  district to the same extent as if said statutory provisions

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

12  the same discounts as county taxes.

13         Section 40.  When unpaid tax is delinquent;

14  penalty.--All taxes provided for in this act shall become

15  delinquent and bear penalties on the amount of said taxes in

16  the same manner as county taxes.

17         Section 41.  Tax exemption.--As the exercise of the

18  powers conferred by this act constitutes the performance of

19  essential public functions, and as the projects of the

20  district will constitute public property used for public

21  purposes, all assets and properties of the district, and all

22  bonds issued hereunder and interest paid thereon, and all

23  fees, charges, and other revenues derived by the district from

24  the projects provided by this act shall be exempt from all

25  taxes by the state or by any political subdivision, agency, or

26  instrumentality thereof; provided, however, that nothing in

27  this act shall be deemed to exempt from taxation any property,

28  project, facility, business activity, or enterprise that

29  cannot validly be undertaken as a public function by special

30  taxing districts or other public bodies under the laws and

31  Constitution of Florida; and further, that nothing in this act


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                                       HB 931, First Engrossed/ntc



  1  shall be deemed to exempt any property, project, facility, or

  2  business activity or enterprise of the district, or revenues

  3  derived therefrom, which would be subject to taxation under

  4  the general laws of Florida if such property, project, or

  5  facility were owned or undertaken by a municipal corporation.

  6         Section 42.  Special assessments.--The board may

  7  provide for the construction or reconstruction of assessable

  8  improvements as defined in section 4, and for the levying of

  9  special assessments upon benefited property for the payment

10  thereof, under the provisions of this section.

11         Such special assessments may be levied and assessed in

12  either of the alternate methods provided in subsections (1)

13  and (2) below, and except for such procedure, all the other

14  provisions of this section and this act shall apply to levy of

15  such special assessments under either subsection (1) or

16  subsection (2) hereof.

17         The initial proceeding under subsection (1) or

18  subsection (2) of this section shall be the passage by the

19  board of a resolution ordering the construction or

20  reconstruction of such assessable improvements, indicating the

21  location by terminal points and routes and either giving a

22  description of the improvements by its material, nature,

23  character, and size or giving two or more descriptions with

24  the directions that the material, nature, character, and size

25  shall be subsequently determined in conformity with one of

26  such descriptions. Drainage improvements need not be

27  continuous and may be in more than one locality. The

28  resolution ordering any such improvement may give any short

29  and convenient designation to each improvement ordered

30  thereby, and the property against which assessments are to be

31  made for the cost of such improvement may give any short and


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                                       HB 931, First Engrossed/ntc



  1  convenient designation to each improvement ordered thereby,

  2  and the property against which assessments are to be made for

  3  the cost of such improvement may be designated as an

  4  assessment district, followed by a letter or number or name to

  5  distinguish it from other assessment districts, after which it

  6  shall be sufficient to refer to such improvement and property

  7  by such designation in all proceedings and assessments, except

  8  in the notices required by this section.

  9         As soon as possible after the passage of such

10  resolution the engineer for the district shall prepare, in

11  duplicate, plans and specifications for each improvement

12  ordered thereby and an estimate of the cost thereof. Such cost

13  shall include, in addition to the items of cost as defined in

14  this act, the following items of incidental expenses:

15         Printing and publishing notices and proceedings;

16         Costs of abstracts of title; and

17         Any other expense necessary or proper in conducting the

18  proceedings and work provided for in this section, including

19  the estimated amount of discount, if any, financial expenses

20  upon the sale of assessment bonds or any other obligations

21  issued hereunder for which such special assessment bonds or

22  any other obligations issued hereunder for which such special

23  assessments are to be pledged, and interest prior to and until

24  not more than 2 years after the completion of said assessable

25  improvements. If the resolution shall provide alternative

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

27  estimate shall include an estimate of the cost of the

28  improvement of each such description.

29         The district engineer shall next prepare in duplicate a

30  tentative apportionment of the estimated total cost of the

31  improvement as between the district and each lot or parcel of


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                                       HB 931, First Engrossed/ntc



  1  land subject to special assessment under the resolution, such

  2  apportionment to be made in accordance with the provisions of

  3  the resolution and in relation to apportionment of cost

  4  provided herein for the preliminary assessment roll. Such

  5  tentative apportionment of total estimated cost shall not be

  6  held to limit or restrict the duties of the engineer in the

  7  preparation of such preliminary assessment roll under

  8  subsection (1) hereof. One of the duplicates of such plans,

  9  specifications, and estimates and such tentative apportionment

10  shall be filed with the secretary of the board and the other

11  duplicate shall be retained by the engineer in his or her

12  files, all thereof to remain open to public inspection.

13         (1)  If the special assessments are to be levied under

14  this subsection (1) the secretary of the board upon filing

15  with him or her of such plans, specifications, estimates, and

16  tentative apportionment of cost shall publish once in a

17  newspaper published in Broward County and of general

18  circulation in the district, a notice stating that at a

19  meeting of the board on a certain day and hour, not earlier

20  than 15 days from such publication, the board will hear

21  objections of all interested persons to the confirmation of

22  such resolution, which notice shall state in brief and general

23  terms a description of the proposed assessable improvements

24  with the location thereof, and shall also state that plans,

25  specifications, estimates, and tentative apportionment of cost

26  thereof are on file with the secretary of the board. A copy of

27  the notice shall be mailed to the landowners of the land to be

28  benefited by construction of the assessable improvement. The

29  landowners shall be determined by reference to the last

30  available tax roll of Broward County. The secretary of the

31  board shall keep a record in which shall be inscribed, at the


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                                       HB 931, First Engrossed/ntc



  1  request of any person, firm, or corporation having or claiming

  2  to have any interest in any lot or parcel of land, the name

  3  and post office address of such person, firm, or corporation,

  4  together with a brief description or designation of such lot

  5  or parcel, and it shall be the duty of the secretary of the

  6  board to mail a copy of such notice to such person, firm, or

  7  corporation at such address at least 10 days before the time

  8  for the hearing as stated in such notice, but the failure of

  9  the secretary of the board to keep such record or so to

10  inscribe any name or address or to mail any such notice shall

11  not constitute a valid objection to holding the hearing as

12  provided in this section or to any other action taken under

13  the authority of this section.

14         At the time named in such notice, or to which an

15  adjournment may be taken by the board, the board shall receive

16  any objections of interested persons and may then or

17  thereafter repeal or confirm such resolution with such

18  amendments, if any, as may be desired by the board and which

19  do not cause any additional property to be specially assessed.

20         All objections to any such resolution on the ground

21  that it contains items which cannot be properly assessed

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

23  the passage or character of the resolution or the plans or

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

25  part, or that it exceeds the power of the board, shall be made

26  in writing in person or by attorney, and filed with the

27  secretary of the board at or before the time or adjourned time

28  of such hearing. Any objections against the making of any

29  assessable improvements not so made shall be considered as

30  waived, and if any objection shall be made and overruled or

31  shall not be sustained, the confirmation of the resolution


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                                       HB 931, First Engrossed/ntc



  1  shall be the final adjudication of the issue presented unless

  2  proper steps shall be taken in a court of competent

  3  jurisdiction to secure relief within 20 days.

  4         Whenever any resolution providing for the construction

  5  or reconstruction of assessable improvements and for the

  6  levying of special assessments upon benefited property for the

  7  payment thereof shall have been confirmed, and said special

  8  assessments are levied under this subsection (1) as

  9  hereinabove provided, or at any time thereafter, the board may

10  issue assessment bonds payable out of such assessments when

11  collected. Such bonds shall mature not later than 2 years

12  after the maturity of the last annual installment in which

13  said special assessments may be paid, as provided in

14  subsection (3) hereof, and shall bear such interest as the

15  board may determine not to exceed 10 percent per year. Such

16  assessment bonds shall be executed, shall have such provisions

17  for redemption prior to maturity, and shall be sold in the

18  manner and be subject to all of the applicable provisions

19  contained in this act applicable to other bonds, except as the

20  same are inconsistent with the provisions of this section. The

21  amount of such assessment bonds for any assessable

22  improvement, prior to the confirmation of the preliminary

23  assessment roll provided for in subsection (1), shall not

24  exceed the estimated amount of the cost of such assessable

25  improvements which are to be specially assessed against the

26  lands and real estate of the engineer referred to in this

27  section.

28         After the passage of the resolution authorizing the

29  construction or reconstruction of assessable improvements has

30  been confirmed as provided for above where special assessments

31  are levied under subsection (1) or after the final


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                                       HB 931, First Engrossed/ntc



  1  confirmation of the assessment roll where such assessments are

  2  levied under subsection (2), the board may publish at least

  3  once in a newspaper published in Broward County and of general

  4  circulation in the district, a notice calling for sealed bids

  5  to be received by the board on a date not earlier than 15 days

  6  from the first publication for the construction of the work,

  7  unless in the initial resolution the board shall have declared

  8  its intention to have the work done by district forces without

  9  contract. The notice shall refer in general terms to the

10  extent and nature of the improvements and may identify the

11  same by the short designation indicated in the initial

12  resolution and by reference to the plans and specifications on

13  file. If the initial resolution shall have given two or more

14  alternative descriptions of the assessable improvements as to

15  its material, nature, character, and size, and if the board

16  shall not have theretofore determined upon a definite

17  description, the notice shall call for bids upon each of such

18  descriptions. Bids may be requested for the work as whole or

19  for any part thereof separately and bids may be asked for any

20  one or more of such assessable improvements authorized by the

21  same or different resolutions, but any bid covering work upon

22  more than one improvement shall be in such form as to permit a

23  separation of cost as to each improvement. The notice shall

24  require bidders to file with their bids either a certified

25  check drawn upon an incorporated bank or trust company in such

26  amount or percentage of their respective bids, as the board

27  shall deem advisable, or a bid bond in like amount with

28  corporate surety satisfactory to the board to ensure the

29  execution of a contract to carry out the work in accordance

30  with such plans and specifications and ensure the filing at

31  the making of such contract, of a bond in the amount of the


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                                       HB 931, First Engrossed/ntc



  1  contract price with corporate surety satisfactory to the board

  2  conditioned for the performance of the work in accordance with

  3  such contract. The board shall have the right to reject any or

  4  all bids, and if all bids are rejected the board may

  5  readvertise or may determine to do the work by the district

  6  forces without contract.

  7         Promptly after the completion of the work, in the case

  8  of special assessments levied under subsection (1), the

  9  engineer for the district, who is hereby designated as the

10  official of the district to make the preliminary assessment of

11  benefits from assessable improvements, shall prepare a

12  preliminary assessment roll and file the same with the

13  secretary of the board which roll shall contain the following:

14         (a)  A description of abutting lots and parcels of land

15  or lands which will benefit from such assessable improvements

16  and the amount of such benefits to each such lot or parcel of

17  land. Such lots and parcels shall include the property of

18  Broward County and any school district or other political

19  subdivision. There shall also be given the name of the owner

20  of record of each lot or parcel where practicable, and in all

21  cases there shall be given a statement of the method of

22  assessment used by the engineer for determining the benefits.

23         (b)  The total cost of the improvements and the amount

24  of incidental expense.

25         The preliminary roll shall be advisory only and shall

26  be subject to the action of the board as hereafter provided.

27  Upon the filing with the secretary of the board of the

28  preliminary assessment roll, the secretary of the board shall

29  publish at least once in a newspaper published in Broward

30  County and of general circulation in the district, a notice

31  stating that at a meeting of the board to be held on a certain


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                                       HB 931, First Engrossed/ntc



  1  day and hour, not less than 15 days from the date of such

  2  publication, which meeting may be a regular, adjourned, or

  3  special meeting, all interested persons may appear and file

  4  written objections to the confirmation of such roll. Such

  5  notice shall state the class of the assessable improvements

  6  and the location thereof by terminal points and route.

  7         At the time and place stated in such notice the board

  8  shall meet and receive the objections in writing of all

  9  interested persons as stated in such notice. The board may

10  adjourn the hearing from time to time. After the completion

11  thereof the board shall either annul or sustain or modify in

12  whole or in part the prima facie assessment as indicated on

13  such roll, either by confirming the prima facie assessment

14  against any or all lots or parcels described therein or by

15  canceling, increasing, or reducing the same, according to the

16  special benefits which the board decides each such lot or

17  parcel has received or will receive on account of such

18  improvement. If any property that may be chargeable under this

19  section shall have been omitted from the preliminary roll or

20  if the prima facie assessment shall not have been made against

21  it, the board may place on such roll an apportionment to such

22  property. The board shall not confirm any assessment in excess

23  of the special benefits to the property assessed, and the

24  assessments so confirmed shall be in proportion to the special

25  benefits. Forthwith after such confirmation such assessment

26  roll shall be delivered to the secretary of the board. The

27  assessment so made shall be final and conclusive as to each

28  lot or parcel assessed unless proper steps are taken within 30

29  days in a court of competent jurisdiction to secure relief. If

30  the assessment against any property shall be sustained or

31  reduced or abated by the court, the secretary of the board


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                                       HB 931, First Engrossed/ntc



  1  shall note that fact on the assessment roll opposite the

  2  description of the property affected thereby. The amount of

  3  the special assessment against any lot or parcel which may be

  4  abated by the court, unless the assessment upon all benefited

  5  property be abated, or the amount by which such assessment is

  6  so reduced, may by resolution of the board be made chargeable

  7  against the district at large; or, at the discretion of the

  8  board, a new assessment roll may be prepared and confirmed in

  9  the manner hereinabove provided for the preparation and

10  confirmation of the original assessment roll.

11         Pending the final confirmation of such special

12  assessments in the manner provided in this subsection (1), the

13  district shall have a lien on all such lands and real estate

14  after the confirmation of the initial resolution, in the

15  manner provided in this subsection (1).

16         (2)  The district engineer, under the procedure

17  provided for in this subsection (2) shall next, after the

18  passage of the initial resolution and filing of the plans and

19  estimates of cost by the district engineer, prepare an

20  assessment roll for the district in duplicate, which

21  assessment roll shall contain an apportionment of the

22  estimated total cost of the improvement as between the

23  district and each lot or parcel of land subject to the special

24  assessment under the initial resolution, such apportionment to

25  be made in accordance with the provisions of the initial

26  resolution. One of the duplicates of said assessment roll

27  shall be filed with the secretary of the board and the other

28  duplicate shall be retained by the district engineer in his or

29  her files, all thereof to remain open to public inspection.

30         Upon the completion and filing of said assessment roll

31  the secretary to the board shall cause a copy thereof to be


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                                       HB 931, First Engrossed/ntc



  1  published once in a newspaper published in Broward County and

  2  of general circulation in the district, together with a notice

  3  directed to all property owners interested in said special

  4  assessments stating that at a meeting of the board on a

  5  certain day and hour, not earlier than 15 days from such

  6  publication, the board, sitting as an equalizing board, will

  7  hear objections of all interested persons to the final

  8  confirmation of such assessment roll, and will finally confirm

  9  such assessment roll or take such action relative thereto as

10  it deems necessary and advisable. A copy of the notice shall

11  be mailed to the landowners of the land to be benefited by

12  construction of the assessable improvement. The landowners

13  shall be determined by reference to the last available tax

14  roll of Broward County. The secretary of the board shall keep

15  a record in which shall be inscribed, at the request of any

16  person, firm, or corporation having or claiming to have any

17  interest in any lot or parcel of land, the name and post

18  office address of such person, firm, or corporation, together

19  with a brief description or designation of such lot or parcel,

20  and it shall be the duty of the secretary of the board to mail

21  a copy of such notice to such person, firm, or corporation at

22  such address at least 10 days before the time for the hearing

23  as stated in such notice, but the failure of the secretary of

24  the board to keep such record or so to inscribe any name or

25  address or to mail any such notice shall not constitute a

26  valid objection to holding the hearing as provided in this

27  section or to any other action taken under the authority of

28  this section.

29         At the time and place named in the notice provided for

30  in the above paragraph, the board shall meet as an equalizing

31  board to hear and consider any and all complaints as to said


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                                       HB 931, First Engrossed/ntc



  1  special assessments, and shall adjust and equalize the said

  2  special assessments on a basis of justice and right, and when

  3  so equalized and approved such special assessments shall stand

  4  confirmed and remain legal, valid, and binding liens upon the

  5  properties upon which such special assessments are made, until

  6  paid in accordance with the provisions of this act; provided,

  7  however, that upon the completion of such improvements, if the

  8  actual cost of such assessable improvements is less than the

  9  amount of such special assessments levied, the district shall

10  rebate to the owners of any properties which shall have been

11  specially assessed for such assessable improvements the

12  difference in the special assessments as originally made,

13  levied, and confirmed, and the proportionate part of the

14  actual cost of said assessable improvements as finally

15  determined upon the completion of said assessable

16  improvements; and in the event that the actual cost of said

17  assessable improvements shall be more than the amount of such

18  special assessments confirmed and levied, finally determined

19  upon the completion of said assessable improvements, the

20  proportionate part of such excess cost of such assessable

21  improvements may be levied against all of the lands and

22  properties against which such special assessments were

23  originally levied, or, in the alternative, the board may, in

24  its discretion, pay such excess cost from any legally

25  available funds.

26         All objections to any such assessment roll on the

27  ground that it contains items which cannot be properly

28  assessed against property, or that it is, for any default or

29  defect in the passage or character of the assessment roll or

30  the plans or specifications or estimate, void or voidable in

31  whole or in part, or that it exceeds the power of the board,


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                                       HB 931, First Engrossed/ntc



  1  shall be made in writing in person or by attorney, and filed

  2  with the secretary of the board at or before the time or

  3  adjourned time of such hearing on the assessment roll. Any

  4  objections against the making of any assessable improvements

  5  not so made shall be considered as waived, and if any

  6  objections shall be made and overruled or shall not be

  7  sustained, the confirmation of the assessment roll shall be

  8  the final adjudication of the issue presented unless proper

  9  steps shall be taken in a court of competent jurisdiction to

10  secure relief within 20 days.

11         All the provisions of subsection (1) not inconsistent

12  with subsection (2) shall apply to the levy of special

13  assessments under subsection (2).

14         (3)  Any assessment may be paid at the office of the

15  secretary of the board within 60 days after the confirmation

16  thereof, without interest. Thereafter all assessments shall be

17  payable in equal installments, with interest as determined by

18  the board, not to exceed 10 percent per year, from the

19  expiration of said 60 days in each of the succeeding number of

20  years which the board shall determine by resolution, not

21  exceeding 20; provided, however, that the board may provide

22  that any assessment may be paid at any time before due,

23  together with interest accrued thereon to the date of payment,

24  if such prior payment shall be permitted by the proceedings

25  authorizing any assessment bonds or other obligations for the

26  payment of which such special assessments have been pledged.

27         All such special assessments levied pursuant to this

28  act may, in the discretion of the board, be collected by the

29  tax collector of the county at the same time as the general

30  county taxes are collected by the tax collector of the county,

31  and the board shall in such event certify to the county tax


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                                       HB 931, First Engrossed/ntc



  1  collector in each year a list of all such special assessments

  2  and a description of and names of the owners of the properties

  3  against which such special assessments have been levied and

  4  the amounts due thereof in such year, and interest thereon for

  5  any deficiencies for prior years. The amount to be collected

  6  in such year may include, in the discretion of the board, the

  7  principal installment of such special assessments which will

  8  become due at any time in the next succeeding fiscal year, and

  9  all or any part of the interest which will become due on such

10  special assessments during such next fiscal year, together

11  with any deficiencies for prior years.

12         The board may, in lieu of providing for the collection

13  of said special assessments by the tax collector of the

14  county, provide for the collection of said special assessments

15  by the district under such terms and conditions as the board

16  shall determine. In such event, the bills or statements for

17  the amounts due in any fiscal year shall be mailed to the

18  owners of all properties affected by such special assessments

19  at such time or times as the board shall determine and such

20  bills or statements may include all or any part of the

21  principal and interest which will mature and become due on the

22  annual installments of such special assessments during the

23  fiscal year in which installments of such special assessments

24  are payable.

25         All charges of the county tax collector or of the

26  district, and the fees, costs, and expenses of any paying

27  agents, trustees, or other fiduciaries for assessment bonds

28  issued under this act, shall be deemed to be costs of the

29  operation and maintenance of any drainage improvements in

30  connection with which such special assessments were levied and

31  the board shall be authorized and directed to provide for the


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                                       HB 931, First Engrossed/ntc



  1  payment each year of such costs of collection, fees, and other

  2  expenses from the maintenance tax as provided in this act as

  3  shall be mutually agreed upon between the board and the county

  4  tax collector as additional compensation for his or her

  5  services for each such assessment district in which the

  6  special assessments are collected by him or her.

  7         All assessments shall constitute a lien upon the

  8  property so assessed from the date of final confirmation

  9  thereof, of the same nature and to the same extent as the lien

10  for general county taxes falling due in the same year or years

11  in which such assessments or installments thereof fall due,

12  and any assessment or installment not paid when due shall be

13  collectable with such interest and with reasonable attorney's

14  fees and costs, but without penalties, by the district by

15  proceedings in a court of equity to foreclose the line of

16  assessments as a lien for mortgages is or may be foreclosed

17  under the laws of the state; provided that any such

18  proceedings to foreclose shall embrace all installments of

19  principal remaining unpaid with accrued interest thereon,

20  which installments shall, by virtue of the institution of such

21  proceedings, immediately become due and payable. Nevertheless,

22  if, prior to any sale of the property under decree of

23  foreclosure in such proceedings, payment be made of the

24  installment or installments which are shown to be due under

25  the provisions of subsections (1) or (2) of this section, and

26  by this subsection (3) and all costs, including interest and

27  reasonable attorney's fees, such payment shall have the effect

28  of restoring the remaining installments to their original

29  maturities as provided by the resolution passed pursuant to

30  this subsection (3) and the proceedings shall be dismissed. It

31  shall be the duty of the board to enforce the prompt


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                                       HB 931, First Engrossed/ntc



  1  collection of assessment by the means herein provided, and

  2  such duty may be enforced at the suit of any holder of bonds

  3  issued under this act in a court of competent jurisdiction by

  4  mandamus or other appropriate proceedings or action. Not later

  5  than 30 days after the annual installments are due and

  6  payable, it shall be the duty of the board to direct the

  7  attorney for the district to institute actions within 2 months

  8  after such direction to enforce the collection of all special

  9  assessments for assessable improvements made under this

10  section and remaining due and unpaid at the time of such

11  direction. Such action shall be prosecuted in the manner and

12  under the conditions in and under which mortgages are

13  foreclosed under the laws of the state. It shall be lawful to

14  join in one action the collection of assessments against any

15  or all property assessed by virtue of the same assessment roll

16  unless the court shall deem such joinder prejudicial to the

17  interest of any defendant. The court shall allow reasonable

18  attorney's fees for the attorney for the district and the same

19  shall be collectable as a part of or in addition to the costs

20  of the action. At the sale pursuant to decree in any such

21  action, the district may be a purchaser to the same extent as

22  an individual person or corporation, except that the part of

23  the purchase price represented by the assessments sued upon

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

25  acquired by the district may be sold or otherwise disposed of.

26         All assessments and charges made under the provisions

27  of this section for the payment of all or any part of the cost

28  of any assessable improvements for which assessment bonds

29  shall have been issued under the provisions of this act, or

30  which have been pledged as additional security for any other

31  bonds or obligations issued under this act, shall be


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                                       HB 931, First Engrossed/ntc



  1  maintained in a special fund or funds and be used only for the

  2  payment of principal or interest on such assessment bonds or

  3  other bonds or obligations.

  4         Broward County and each school district and other

  5  political subdivision wholly or partly within the district

  6  shall possess the same power and be subject to the same duties

  7  and liabilities in respect of assessments under this section

  8  affecting the real estate of such county, school district, or

  9  other political subdivision which private owners of real

10  estate possess or are subject to hereunder, and such real

11  estate of any such county, school district, and political

12  subdivision shall be subject to liens for said assessments in

13  all cases where the same property would be subject to such

14  liens had it at the time the lien attached been owned by a

15  private owner.

16         Section 43.  Issuance of certificates of indebtedness

17  based on assessments for assessable improvements; assessment

18  bonds.--

19         (1)  The board may, after any assessments for

20  assessable improvements are made, determined, and confirmed,

21  as provided in section 42, issue certificates of indebtedness

22  for the amount so assessed against the abutting property or

23  property otherwise benefited, as the case may be, and separate

24  certificates shall be issued against each part or parcel of

25  land or property assessed, which certificates shall state the

26  general nature of the improvement for which the said

27  assessment is made. Said certificates shall be payable in

28  annual installments in accordance with the installments of the

29  special assessment for which they are issued. The board may

30  determine the interest to be borne by such certificates, not

31  to exceed 10 percent per year, and may sell such certificates


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                                       HB 931, First Engrossed/ntc



  1  at either private or public sale and determine the form,

  2  manner of execution, and other details of such certificates.

  3  Such certificates shall recite that they are payable only from

  4  the special assessments levied and collected from the part or

  5  parcel of land or property against which they are issued. The

  6  proceeds of such certificates may be pledged for the payment

  7  of principal of and interest on any revenue bonds or general

  8  obligation bonds issued to finance in whole or in part such

  9  assessable improvement, or, if not so pledged, may be used to

10  pay the cost or part of the cost of such assessable

11  improvements.

12         (2)  The district may also issue assessment bonds or

13  other obligations payable from a special fund into which such

14  certificates of indebtedness referred to in the preceding

15  paragraph may be deposited; or, if such certificates of

16  indebtedness have not been issued, the district may assign to

17  such special fund for the benefit of the holders of such

18  assessment bonds or other obligations, or to a trustee for

19  such bondholders, the assessment liens provided for in this

20  act unless such certificates of indebtedness or assessment

21  liens have been theretofore pledged for any bonds or other

22  obligations authorized hereunder. In the event of the creation

23  of such special fund and the issuance of such assessment bonds

24  or other obligations, the proceeds of such certificates of

25  indebtedness of assessment liens deposited therein shall be

26  used only for the payment of the assessment bonds or other

27  obligations issued as provided in this section. The district

28  is hereby authorized to covenant with the holders of such

29  assessment bonds or other obligations that it will diligently

30  and faithfully enforce and collect all the special assessments

31  and interest and penalties thereon for which such certificates


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                                       HB 931, First Engrossed/ntc



  1  of indebtedness or assessment liens have been deposited in or

  2  assigned to such fund and to foreclose such assessment liens

  3  so assigned to such special fund or represented by the

  4  certificates of indebtedness deposited in said special fund,

  5  after such assessment liens have become delinquent, and

  6  deposit the proceeds derived from such foreclosure, including

  7  interest and penalties, in such special fund, and to make any

  8  other covenants deemed necessary or advisable in order to

  9  properly secure the holders of such assessment bonds or other

10  obligations.

11         (3)  The assessment bonds or other obligations issued

12  pursuant to this section shall have such dates of issue and

13  maturity as shall be deemed advisable by the board, provided,

14  however, that the maturities of such assessment bonds or other

15  obligations shall not be more than 2 years after the due date

16  of the last installment which will be payable on any of the

17  special assessments for which such assessment liens, or the

18  certificates of indebtedness representing such assessment

19  liens, are assigned to or deposited in such special fund.

20         Such assessment bonds or other obligations issued under

21  this section shall bear such interest as the board may

22  determine, not to exceed 10 percent per year, shall be

23  executed, shall have such provisions for redemption prior to

24  maturity, and shall be sold in the manner and be subject to

25  all of the applicable provisions contained in this act for

26  revenue bonds, except as the same may be inconsistent with the

27  provisions of this section.

28         All assessment bonds or other obligations issued under

29  the provisions of this act, except certificates of

30  indebtedness issued against separate lots or parcels of land

31  or property as provided in this section, shall be and


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                                       HB 931, First Engrossed/ntc



  1  constitute and have all the qualities and incidents of

  2  negotiable instruments under the law merchange and the laws of

  3  the state.

  4         Section 44.  Foreclosure of liens.--Any lien in favor

  5  of the district arising under chapter 298, Florida Statutes,

  6  or under this act may be foreclosed by the district by

  7  foreclosure proceedings in the name of the district in the

  8  circuit court in like manner as is provided in chapter 173,

  9  Florida Statutes, and amendments thereto, and the provisions

10  of said chapter shall be applicable to such proceedings with

11  the same force and effect as if said provisions were expressly

12  set forth in this act. Any act required or authorized to be

13  done by or on behalf of a city or town in foreclosure

14  proceedings under chapter 173, Florida Statutes, may be

15  performed by such officer or agent of the district as the

16  board of supervisors may designate. Such foreclosure

17  proceedings may be brought at any time after the expiration of

18  one year from the date any tax, or installment thereof,

19  becomes delinquent.

20         Section 45.  Payment of taxes and redemption of tax

21  liens by the district; sharing in proceeds of tax sale under

22  section 194.21, Florida Statutes.--

23         (1)  The district has the right to:

24         (a)  Pay any delinquent state, county, district,

25  municipal, or other tax or assessment upon lands located

26  wholly or partially within the boundaries of the district; and

27         (b)  Redeem or purchase any tax sales certificate

28  issued or sold on account of any state, county, district,

29  municipality, or other taxes or assessments upon lands located

30  wholly or partially within the boundaries of the district.

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                                       HB 931, First Engrossed/ntc



  1         (2)  Delinquent taxes paid, or tax sales certificates

  2  redeemed or purchased, by the district, together with all

  3  penalties for the default in payment of the same and all costs

  4  in collecting the same and a reasonable attorney's fee, shall

  5  constitute a lien in favor of the district of equal dignity

  6  with the liens of state and county taxes and other taxes of

  7  equal dignity with state and county taxes, upon all the real

  8  property against which said taxes were levied. The lien of the

  9  district may be foreclosed in the manner provided in this act.

10         (3)  In any sale of land pursuant to section 194.21,

11  Florida Statutes, and amendments thereto, the district may

12  certify to the clerk of the circuit court of the county

13  holding such sale, the amount of taxes due to the district

14  upon the lands sought to be sold, and the district shall share

15  in the disbursement of the sales proceeds in accordance with

16  the provisions of this act and under law.

17         Section 46.  Mandatory use of certain district

18  facilities and services.--The district may require all lands,

19  buildings, and premises, and all persons, firms, and

20  corporations within the district to use the drainage,

21  reclamation, and water and sewer facilities of the district.

22  Subject to such exceptions as may be provided by the

23  resolutions, rules, or by-laws of the board, and subject to

24  the terms and provisions of any resolution authorizing any

25  bonds and agreements with bondholders, no drainage and

26  reclamation or water and sewer facilities shall be constructed

27  or operated within the district unless the board gives its

28  consent thereto and approves the plans and specifications

29  therefor.

30         Section 47.  Bids required.--No contract shall be let

31  by the board for the construction or maintenance of any


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                                       HB 931, First Engrossed/ntc



  1  project authorized by this act, nor shall any goods, supplies,

  2  or materials be purchased when the amount thereof to be paid

  3  by said district shall exceed $4,000, unless notice of bids

  4  shall be advertised once a week for 2 consecutive weeks in a

  5  newspaper published in Broward County and in general

  6  circulation in the district, and in each case the bid of the

  7  lowest responsible bidder shall be accepted, unless all bids

  8  are rejected because the bids are too high. The board may

  9  require the bidders to furnish bond with responsible surety to

10  be approved by the board. Nothing in this section shall

11  prevent the board from undertaking and performing the

12  construction, operation, and maintenance of any project or

13  facility authorized by this act, by the employment of labor,

14  material, and machinery.

15         Section 48.  Maintenance of projects across

16  rights-of-way.--The district shall have the power to construct

17  and operate its projects in, along, or under any dedications

18  to the public, platted rights-of-way, platted reservations,

19  streets, alleys, highways, or other public places or ways, and

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

21  excavation, grade, fill, or cut, within or without the

22  district.

23         Section 49.  Agreements with state commissions and

24  others.--The board shall have the power to retain and enter

25  into agreements with fiscal agents, financial advisors, state

26  commissions, engineers, and other consultants or advisors with

27  respect to the issuance and sale of any bonds, and the cost

28  and expense thereof may be treated as part of the cost and

29  expense of such project. Upon request of the board, any state

30  commission may provide such technical assistance or other

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                                       HB 931, First Engrossed/ntc



  1  services relating to bond issues as may be necessary or

  2  desirable under the circumstances.

  3         Section 50.  Agreements with other political bodies for

  4  the joint discharge of common functions.--The board and any

  5  other political bodies, whether now in existence or hereafter

  6  created, are authorized to enter into and carry into effect

  7  contracts and agreements relating to the common powers,

  8  duties, and functions of the board and any other political

  9  bodies, to the end that there may be effective cooperation and

10  coordination in discharging their common functions, powers,

11  and duties.

12         Section 51.  Fees, rentals, and charges; procedure for

13  adoption and modifications; minimum revenue requirements.--

14         (1)  The district is authorized to prescribe, fix,

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

16  (hereinafter sometimes referred to as "revenues"), and to

17  revise the same from time to time, for the facilities and

18  services furnished by the district, within or without the

19  limits of the district; including, but not limited to,

20  drainage facilities, recreation facilities, and water and

21  sewer systems, to recover the costs of making connection with

22  any district facility or system; and to provide for reasonable

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

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

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

26  any of the facilities or services of the district shall be

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

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

29  occupants served or to be served thereby and all other

30  interested persons shall have an opportunity to be heard

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


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                                       HB 931, First Engrossed/ntc



  1  charges. Notice of such public hearing setting forth the

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

  3  other charges shall have been published in a newspaper in

  4  Broward County and of general circulation in the district at

  5  least once at least 10 days prior to such public hearing,

  6  which may be adjourned from time to time. After such hearing

  7  such schedule or schedules, either as initially proposed, or

  8  as modified or amended, may be finally adopted. A copy of the

  9  schedule or schedules of such rates, fees, rentals, or charges

10  as finally adopted shall be kept on file in an office

11  designated by the board and shall be open at all reasonable

12  times to public inspection. The rates, fees, rentals, or

13  charges so fixed for any class of users or property served

14  shall be extended to cover any additional users or properties

15  thereafter served which shall fall in the same class, without

16  the necessity of any notice or hearing. Any change or revision

17  of rates, fees, rentals, or charges may be made in the same

18  manner as the same were originally established, as hereinabove

19  provided, except that if such changes or revisions are made

20  substantially pro rata as to all classes of the type of

21  service involved no notice or hearing shall be required.

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

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

24  and where appropriate may be based or computed either upon the

25  amount of service furnished or upon the number or average

26  number of persons residing or working or otherwise occupying

27  the premises served, or upon any other factor affecting the

28  use of the facilities furnished, or upon any combination of

29  the foregoing factors, as may be determined by the board on an

30  equitable basis.

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                                       HB 931, First Engrossed/ntc



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

  2  prescribed shall be such as will produce revenues, together

  3  with any other assessments, taxes, revenues, or fund available

  4  or pledged for such purpose, at least sufficient to provide

  5  for the items hereinafter listed, but not necessarily in the

  6  order stated to:

  7         (a)  Provide for all expenses of operation and

  8  maintenance of such facility or service;

  9         (b)  Pay when due all bonds and interest thereon for

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

11  pledged or encumbered, including reserves for such purpose;

12  and

13         (c)  Provide for any other funds which may be required

14  under the resolution or resolutions authorizing the issuance

15  of bonds pursuant to this act.

16         (5)  The board shall have the power to enter into

17  contracts for the use of the projects of the district and with

18  respect to the services and facilities furnished or to be

19  furnished by the district, including, but not limited to,

20  service agreements with landowners and others within or

21  without the district providing for the drainage of land by the

22  district or the furnishing of any of the other services and

23  facilities of the district, for such consideration and on such

24  other terms and conditions as the board may approve. No

25  hearing or notice thereof shall be required prior to the

26  authorization or execution by the board of any such contract

27  or agreement, and the same shall not be subject to revision

28  except in accordance with their terms. Such contracts or

29  agreements, and revenues or service charges received or to be

30  received by the district thereunder, may be pledged as

31  security for any of the lands of the district.


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                                       HB 931, First Engrossed/ntc



  1         Section 52.  Recovery of delinquent charges.--In the

  2  event that any of the rates, fees, rentals, charges, or

  3  delinquent penalties shall not be paid as and when due and

  4  shall be in default for 30 days or more, the unpaid balance

  5  thereof and all interest accrued thereon, together with

  6  reasonable attorney's fees and costs, may be recovered by the

  7  district in a civil action.

  8         Section 53.  Discontinuance of service.--In the event

  9  that the fees, rentals, or other charges for the services and

10  facilities of any project are not paid when due, the board

11  shall have the power to discontinue and shut off the same

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

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

14  discontinuance and the restoration of such services and

15  facilities, are fully paid, and for such purposes may enter on

16  any lands, waters, and premises of any person, firm,

17  corporation, or body, public or private, within or without the

18  district limits. Such delinquent fees, rentals, or other

19  charges, together with interest, penalties, and charges for

20  the shutting off and discontinuance and the restoration of

21  such services and facilities, and the reasonable attorney's

22  fees and other expenses, may be recovered by the district,

23  which may also enforce payment of such delinquent fees,

24  rentals, or other charges by any other lawful method of

25  enforcement.

26         Section 54.  Action taken on consent of

27  landowners.--Any action required under this act or under

28  chapter 298, Florida Statutes, to be taken on public hearing

29  for the purpose of receiving and passing on objections by

30  landowners may be taken without such notice or hearing upon

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                                       HB 931, First Engrossed/ntc



  1  the written consent of all of the landowners affected by such

  2  action.

  3         Section 55.  Enforcement and penalties.--The board or

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

  5  and equity as may be necessary to ensure compliance with the

  6  provisions of this act, including injunctive relief to enjoin

  7  or restrain any person violating the provisions of this act,

  8  and any by-laws, resolutions, regulations, rules, codes, and

  9  orders adopted under this act. In case any building or

10  structure is erected, constructed, reconstructed, altered,

11  repaired, converted, or maintained, or any building,

12  structure, land, or water is used, in violation of this act,

13  or of any code, order, resolution, or other regulation made

14  under authority conferred by this act or under law, the board

15  and any citizen residing in the district may institute any

16  appropriate action or proceeding to prevent such unlawful

17  erection, construction, reconstruction, alteration, repair,

18  conversion, maintenance, or use, to restrain, correct, or

19  avoid such violation, to prevent the occupancy of such

20  building, structure, land, or water, and to prevent any

21  illegal act, conduct, business, or use in or about such

22  premises, land, or water.

23         Section 56.  Suits against the district.--Any suit or

24  action brought or maintained against the district for damage

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

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

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

28  limitations provided in section 768.28, Florida Statutes.

29         Section 57.  Exemption of district property from

30  execution.--All district property shall be exempt from levy

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


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                                       HB 931, First Engrossed/ntc



  1  judicial process shall issue against such property, nor shall

  2  any judgment against the district be a charge or lien on its

  3  property or revenues, provided that nothing herein contained

  4  shall apply to or limit the rights of bondholders to pursue

  5  any remedy for the enforcement of any lien or pledge given by

  6  the district in connection with any of the bonds or

  7  obligations of the district.

  8         Section 4.  Chapters 70-617 and 89-419, Laws of

  9  Florida, are repealed.

10         Section 5.  In case any one or more of the sections or

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

12  provisions to any situation, circumstances, or person, shall

13  for any reason be held to be unconstitutional, such

14  unconstitutionality shall not affect any other sections or

15  provisions as to any other situation, circumstances, or

16  person, and it is intended that this law shall be construed

17  and applied as if such section or provision had not been

18  included herein for any unconstitutional application.

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

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

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

22  conflict.

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

24  law.

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