House Bill hb1079
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Florida House of Representatives - 2002 HB 1079
By Representative Machek
1 A bill to be entitled
2 An act relating to Palm Beach, Hendry, and
3 Glades Counties; providing for codification of
4 special laws relating to the Everglades
5 Agricultural Area Environmental Protection
6 District, a special tax district in Palm Beach,
7 Hendry, and Glades Counties; providing
8 legislative intent; amending, codifying,
9 reenacting, and repealing chapters 89-423 and
10 90-423, Laws of Florida, relating to the
11 Everglades Agricultural Area Environmental
12 District; re-creating and reenacting the
13 district's charter; providing district status
14 and boundaries; providing for applicability of
15 chapters 373 and 403, Florida Statutes, and
16 other general laws; providing for ratification
17 of prior acts; providing for liberal
18 construction; providing a saving clause in the
19 event any provision of the act is deemed
20 invalid; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Intent.--Pursuant to section 189.429,
25 Florida Statutes, this act constitutes the codification of all
26 special acts relating to the Everglades Agricultural Area
27 Environmental Protection District. It is the intent of the
28 Legislature in enacting this law to provide a single,
29 comprehensive special act charter for the district, including
30 all current legislative authority granted to the district by
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1 its several legislative enactments and any additional
2 authority granted by this act.
3 Section 2. Chapters 89-423 and 90-423, Laws of
4 Florida, relating to the Everglades Agricultural Area
5 Environmental Protection District, are codified, reenacted,
6 amended, and repealed as provided herein.
7 Section 3. The Everglades Agricultural Area
8 Environmental Protection District is re-created and the
9 charter for the district is re-created and reenacted to read:
10 Section 1. Status and boundaries of Everglades
11 Agricultural Area Environmental Protection District.--The
12 Everglades Agricultural Area Environmental Protection District
13 is hereby declared to be an independent special district and
14 political subdivision of the State of Florida. The district is
15 created and established for purposes of ensuring environmental
16 protection by means of conducting scientific research on
17 environmental matters related to air, water, and land
18 management practices and implementing the financing,
19 construction, and operation of works and facilities designed
20 to prevent, control, abate, or correct environmental problems
21 and improve the environmental quality of air and water
22 resources. All district activities shall be conducted to
23 protect, restore, and enhance air and water quality and the
24 natural resources of the state and shall be consistent with
25 chapters 373 and 403, Florida Statutes, including rules and
26 Surface Water Improvement Management Plans adopted thereunder.
27 The lands lying within the area described as follows in Palm
28 Beach, Hendry, and Glades Counties, Florida, shall hereby
29 constitute the Everglades Agricultural Area Environmental
30 Protection District:
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1 BEGINNING at a point in Section 10, Township 41
2 South, Range 37 East, Palm Beach County,
3 Florida, where the Easterly right-of-way line
4 of the Herbert Hoover Dike Levee of Lake
5 Okeechobee intersects with the Southerly
6 right-of-way line of Levee L-8 of the formerly
7 Central and Southern Florida Flood Control
8 District, now known as the South Florida Water
9 Management District and hereinafter referred to
10 as SFWMD;
11
12 thence Easterly along said Southerly
13 right-of-way line of Levee L-8 to a point near
14 the West line of Section 12 of said Township 41
15 South, Range 37 East, where the said
16 right-of-way line turns North;
17
18 thence Northerly along the Easterly
19 right-of-way line of said Levee L-8 to a point
20 near the Northwest corner of said Section 12,
21 where said right-of-way line turns East;
22
23 thence Easterly along the Southerly
24 right-of-way line of said Levee L-8 to a point
25 near the Northeast corner of Section 7,
26 Township 41 South, Range 38 East where said
27 right-of-way line turns Southeasterly;
28
29 thence continue Southeasterly along the
30 Southwesterly right-of-way line of said Levee
31 L-8 to a point near the Southeast corner of
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1 Township 43 South, Range 40 East where said
2 right-of-way line turns South;
3
4 thence continue Southerly along the Westerly
5 right-of-way line of said Levee L-8 to a point
6 of intersection with the Northerly right-of-way
7 line of State Road 80 in Section 32, Township
8 43 South, Range 40 East;
9
10 thence Westerly along the Northerly
11 right-of-way line of said State Road 80 to a
12 point in said Section 32 where the Northerly
13 right-of-way line of State Road 80 intersects
14 with the Northeasterly prolongation of the
15 Northwesterly right-of-way line of the SFWMD
16 Levee L-7;
17
18 thence Southwesterly along said Northwesterly
19 right-of-way line of said Levee L-7 and its
20 Northeasterly prolongation to a point near the
21 Northwest corner of Section 3, Township 45
22 South, Range 39 East, where said right-of-way
23 line turns South;
24
25 thence Southerly along the Westerly
26 right-of-way line of said Levee L-7 to a point
27 of intersection with the Northwesterly
28 right-of-way line of SFWMD Levee L-6 near the
29 East line of Section 4, Township 46 South,
30 Range 39 East;
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1 thence Southwesterly along the Northwesterly
2 right-of-way line of said Levee L-6 and its
3 Southwesterly extension to a point of
4 intersection with the Easterly termination of
5 the Northerly right-of-way line of SFWMD Levee
6 L-5 near the Southwest corner of Section 22,
7 Township 47 South, Range 38 East;
8
9 thence Westerly along the Northerly
10 right-of-way line of said Levee L-5 to a point
11 in Section 6, Township 48 South, Range 36 East
12 where the right-of-way of said Levee L-5
13 widens;
14
15 thence continue Westerly following said
16 Northerly right-of-way line of the widened
17 right-of-way of said Levee L-5 to a point of
18 intersection with the Easterly termination of
19 the Northerly right-of-way line of SFWMD Levee
20 L-4;
21
22 thence continue Westerly along the North line
23 of said Levee L-4 to the Southwest corner of
24 Township 48 South, Range 35 East, said section
25 corner marking the Southwest corner of the Palm
26 Beach County limits; said corner also being the
27 point of intersection of the Northerly
28 right-of-way line of said Levee L-4 with the
29 Northeasterly right-of-way line of SFWMD Levee
30 L-3;
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1 thence continue through Hendry County
2 Northwesterly along the Northeasterly
3 right-of-way line of said Levee L-3; following
4 Said right-of-way line, wherever it may change
5 to a point near the Southwest corner of Section
6 9, Township 47 South, Range 34 East where said
7 right-of-way line turns North;
8
9 thence continue Northerly along the Easterly
10 Right-of-way line of said Levee L-3, following
11 said right-of-way line wherever it may change
12 to a point of intersection with the Southern
13 terminus of the Easterly right-of-way line of
14 SFWMD Levee L-2 near the Southwest corner of
15 Township 46 South, Range 34 East;
16
17 thence continue Northerly along the Easterly
18 right-of-way line of said Levee L-2 to a point
19 near the Northwest corner of Section 4,
20 Township 45 South, Range 34 East;
21
22 thence continue along the right-of-way line of
23 said Levee L-2 to a point of intersection with
24 the Easterly right-of-way line of SFWMD Levee
25 L-1;
26
27 thence continue Northerly along the Easterly
28 right-of-way line of said Levee L-1 to a point
29 near the Northwest corner of Section 16,
30 Township 44 South, Range 34 East; where said
31 right-of-way line turns West;
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1
2 thence continue Westerly along the Northerly
3 right-of-way line of said Levee L-1 to a point
4 near the Southwest corner of Section 12,
5 Township 44 South, Range 33 East; where said
6 right-of-way line turns North;
7
8 thence continue Northerly along the Easterly
9 right-of-way line of said Levee L-1 to a point
10 near the Northwest corner of Section 12,
11 Township 44 South, Range 33 East, where said
12 right-of-way line turns West;
13
14 thence Westerly along the Northerly
15 right-of-way line of said Levee L-1 to a point
16 in the West line of Section 1, Township 44
17 South, Range 33 East;
18
19 thence Northerly along the West line of said
20 and along the West line of Sections 36, 25, 24,
21 13 and 12 of Township 43 South, Range 33 East
22 to a point of intersection with the Northerly
23 right-of-way line of U.S. Highway No.27;
24
25 thence Westerly along the Northerly
26 right-of-way line of said U.S. Highway No. 27
27 to a point in the West line of Section 10,
28 Township 43 South, Range 33 East;
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30
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1 thence Northerly along the West line of said
2 Section 10 to the Northwest corner of said
3 Section 10;
4
5 thence Northerly along the Northerly
6 prolongation of the West line of said Section
7 10 a distance of 1100 feet more or less to a
8 point on the Northwest bank of the presently
9 existing nine mile canal in Section 31,
10 Township 42 South, Range 33 East, in Glades
11 County;
12
13 thence Westerly, following the North bank of
14 the said nine mile canal to a point of
15 intersection with the North-South one-quarter
16 Line of Section 31 of said Township 42 South,
17 Range 33 East;
18
19 thence Northerly along the North-South
20 one-quarter Section Line of said Section 31 and
21 the North-South one-quarter Section Lines of
22 Sections 30, 19 and 18 of said Township 42
23 South, Range 33 East to a point of intersection
24 with the Southerly right-of-way line of
25 aforementioned Herbert Hoover Dike Levee of
26 Lake Okeechobee;
27
28 thence Southeasterly, Easterly and
29 Northeasterly along said right-of-way line of
30 the Herbert Hoover Dike Levee through Glades
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1 County, Hendry County and Palm Beach County to
2 the POINT OF BEGINNING.
3
4 LESS, the following described parcel: All that
5 portion of Sections 4 and 9 of Township 45
6 South, Range 34 East, Hendry County, Florida,
7 lying East of the Easterly Right of Way Line of
8 Levees L-1 and L-2 of the former Central and
9 Southern Florida Flood Control District.
10
11 This boundary is intended to define the general
12 area of the district and does not imply any
13 legislative intent with regard to future land
14 or water management decisions affecting state
15 lands that fall within the boundaries of this
16 district.
17 Section 2. Definitions.--As used in this act, the
18 term:
19 (1) "Assessable improvements" means, without
20 limitations, any and all public improvements that the district
21 is empowered to provide in accordance with this act.
22 (2) "Board" or "board of supervisors" means the
23 governing board of the district.
24 (3) "Cost," when used with reference to any project,
25 includes, but is not limited to:
26 (a) The expenses of determining the feasibility or
27 practicability of acquisition, construction, or
28 reconstruction.
29 (b) The cost of research, surveys, estimates, plans,
30 and specifications.
31 (c) The cost of improvements.
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1 (d) Scientific engineering, planning, and fiscal and
2 legal expenses and charges.
3 (e) The cost of all labor, materials, machinery, and
4 equipment.
5 (f) The cost of all lands, properties, rights,
6 easements, and franchises acquired.
7 (g) Financing charges.
8 (h) Working capital.
9 (i) Interest charges incurred or estimated to be
10 incurred on money borrowed prior to and during construction
11 and acquisition and for such reasonable period of time after
12 completion of construction or acquisition as the board may
13 determine.
14 (j) Administrative expenses.
15 (k) Such other expenses as may be necessary or
16 incidental to any project of the district.
17 (4) "Landowner" means the owner of a freehold estate
18 or lessee of land, title to which is held by the State of
19 Florida as appears by the deed record or lease instrument,
20 including a trustee or a private corporation, which freehold
21 or lease is classified by the property appraiser pursuant to
22 section 193.461, Florida Statutes, as agricultural land.
23 (5) "Project" means any research or planning project,
24 development, improvement, property, utility, facility, works,
25 enterprise, or service undertaken or established under the
26 provisions of this act.
27 Section 3. Board of supervisors; membership;
28 meetings.--
29 (1) The board of supervisors of the district shall
30 exercise the powers granted to the district pursuant to this
31 act. The board shall consist of five voting members and an ex
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1 officio, nonvoting member. The ex officio, nonvoting member
2 shall be the executive director of the South Florida Water
3 Management District or his or her designee. Except as provided
4 herein for the terms of the initial members as provided in
5 subsection (2), each board member other than the executive
6 director of the South Florida Water Management District shall
7 hold office for a term of 4 years and until his or her
8 successor is chosen and qualifies. The members of the board
9 shall be residents of the state and citizens of the United
10 States.
11 (2) Within 90 days after the effective date of this
12 subsection, a meeting of the landowners of the district shall
13 be held for the purposes of conducting a landowners'
14 referendum on the question of whether the district should be
15 created and electing five supervisors for the district. Notice
16 of the landowners' meeting shall be published once a week for
17 2 consecutive weeks in a newspaper which is in general
18 circulation in the area of the district, the last day of such
19 publication to be not fewer than 14 days or more than 28 days
20 before the date of the election. The landowners, when
21 assembled at such meeting, shall organize by electing a chair
22 who shall conduct the meeting. At such meeting, each landowner
23 shall be entitled to cast one vote per acre of land owned by
24 him or her and currently classified by the property appraiser
25 pursuant to section 193.461, Florida Statutes, as agricultural
26 land located within the district on the referendum question
27 and one vote for each supervisor to be elected. A landowner
28 may vote in person or by proxy in writing. A fraction of an
29 acre shall be treated as 1 acre, entitling the landowner to
30 one vote with respect thereto. With respect to the members
31 initially elected, the three candidates receiving the highest
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1 number of votes shall be elected for a period of 4 years, and
2 the two candidates receiving the next largest number of votes
3 shall be elected for a period of 2 years.
4 (3) Subsequent landowners' meetings shall be held to
5 elect members of the board during the same month as the first
6 landowners' meeting in years when any board member's term will
7 expire. Notice and conduct of the meeting shall be as
8 prescribed by subsection (2).
9 (4) Members of the board shall be known as supervisors
10 and, upon entering into office, shall take and subscribe to
11 the oath of office as prescribed by law. They shall hold
12 office for the terms for which they were elected or appointed
13 and until their successors are chosen and qualified. If,
14 during the term of office of an elected board member, a
15 vacancy occurs, the remaining members of the board shall fill
16 the vacancy by an appointment for the remainder of the
17 unexpired term.
18 (5) A majority of the voting members of the board
19 constitutes a quorum for the purposes of conducting its
20 business and exercising its powers and for all other purposes.
21 Action taken by the district shall be upon a vote of a
22 majority of the members present unless general law or a rule
23 of the district requires a greater number.
24 (6) As soon as practicable after each election or
25 appointment, the board shall organize by electing one of its
26 members as chair and by electing a secretary, who need not be
27 a member of the board, and such other officers as the board
28 may deem necessary.
29 (7) The board shall keep a permanent record book
30 entitled "Record of Proceedings of the Everglades Agricultural
31 Area Environmental Protection District," in which shall be
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1 recorded minutes of all meetings, resolutions, proceedings,
2 certificates, bonds given by all employees, and any and all
3 corporate acts. The record book shall at reasonable times be
4 open to inspection in the same manner as state, county, and
5 municipal records pursuant to chapter 119, Florida Statutes.
6 The record book shall be kept at the office or other regular
7 place of business maintained by the board.
8 (8) Each supervisor shall be entitled to receive for
9 his or her services an amount not to exceed $100 per day for
10 each day spent on district duties. In addition, each
11 supervisor shall receive travel and per diem expenses as set
12 forth in section 112.061, Florida Statutes.
13 (9) All meetings of the board shall be open to the
14 public and governed by the provisions of chapter 286, Florida
15 Statutes.
16 Section 4. Board of supervisors; general duties;
17 district manager.--
18 (1) The board may employ and fix the compensation of a
19 district manager. The district manager may have charge and
20 supervision of district programs and facilities and be
21 responsible for implementation of any district projects or
22 programs and the operation and maintenance of any improvement
23 or facility constructed or erected pursuant to the provisions
24 of this act, for maintaining and operating the equipment owned
25 by the district, and for performing such other duties as may
26 be prescribed by the board. It shall not be a conflict of
27 interest under chapter 112, Florida Statutes, for a board
28 member, the district manager, or another employee of the
29 district to be a stockholder, officer, or employee of a
30 landowner. The district manager may hire or otherwise employ
31 and terminate the employment of such other persons, including,
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1 without limitation, professional, supervisory, and clerical
2 employees, as may be necessary and authorized by the board.
3 The compensation and other conditions of employment of the
4 officers and employees of the district shall be as provided by
5 the board.
6 (2) The board is authorized to select as a depository
7 for its funds any qualified public depository as defined in
8 section 280.02, Florida Statutes, which meets all the
9 requirements of chapter 280, Florida Statutes, upon such terms
10 and conditions as to the payment of interest by such
11 depository upon the funds so deposited as the board may deem
12 just and reasonable.
13 Section 5. Budget; reports and reviews.--
14 (1) The district shall provide financial reports in
15 such form and manner as prescribed pursuant to this act and
16 chapter 218, Florida Statutes.
17 (2) On or before each June 1, the district manager
18 shall prepare a proposed budget for the ensuing fiscal year to
19 be submitted to the board for board approval. The proposed
20 budget shall include at the direction of the board an estimate
21 of all necessary expenditures of the district for the ensuing
22 fiscal year and an estimate of income to the district from
23 assessments provided in this act. The board shall consider the
24 proposed budget item by item and may either approve the budget
25 as proposed by the district manager or modify the same in part
26 or in whole. The board shall indicate its approval of the
27 budget by resolution, which resolution shall provide for a
28 hearing on the budget as approved. Notice of the hearing on
29 the budget shall be published in a newspaper of general
30 circulation in the area of the district once a week for 2
31 consecutive weeks, except that the first publication shall be
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1 not fewer than 15 days prior to the date of the hearing. The
2 notice shall further contain a designation of the day, time,
3 and place of the public hearing. At the time and place
4 designated in the notice, the board shall hear all objections
5 to the budget as proposed and may make such changes as the
6 board deems necessary. At the conclusion of the budget
7 hearing, the board shall, by resolution, adopt the budget as
8 finally approved by the board. The budget shall be adopted
9 prior to August 1 of each year. However, for 1989, the
10 district budget hearing shall be held within 30 days after
11 referendum approval of this act as provided in section 3(2).
12 Section 6. General powers.--The district shall have,
13 and the board may exercise, the following powers, provided
14 such powers are exercised for the purpose specified herein:
15 (1) To sue and be sued in the name of the district; to
16 adopt and use a seal and authorize the use of a facsimile
17 thereof; to acquire, by purchase, gift, devise, or otherwise,
18 real and personal property, or any estate therein; and to make
19 and execute contracts and other instruments necessary or
20 convenient to the exercise of its powers.
21 (2) To apply for coverage of its employees under the
22 state retirement system in the same manner as if such
23 employees were state employees, subject to necessary action by
24 the district to pay employer contributions into the state
25 retirement fund.
26 (3) To contract for the services of consultants to
27 perform scientific, planning, engineering, legal, or other
28 appropriate services of a professional nature. Such contracts
29 shall be subject to the requirements of state law relating to
30 public bidding.
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1 (4) To borrow money for periods of up to 1 year and
2 accept gifts; to apply for and use grants or loans of money or
3 other property from the United States, the state, a unit of
4 local government, or any person for any district purposes and
5 enter into agreements required in connection therewith; and to
6 hold, use, and dispose of such moneys or property for any
7 district purposes in accordance with the terms of the gift,
8 grant, loan, or agreement relating thereto.
9 (5) To adopt bylaws, rules, resolutions, and orders
10 pursuant to the provisions of chapter 120, Florida Statutes,
11 prescribing the powers, duties, and functions of the officers
12 of the district; the conduct of the business of the district;
13 the maintenance of records; and the form of certificates
14 evidencing tax liens and all other documents and records of
15 the district. The board may adopt administrative rules and
16 regulations with respect to any of the projects of the
17 district and may define the area to be included therein on
18 such notice as is required for elections and public hearings.
19 (6) To maintain an office at such place or places as
20 it may designate within a county in which the district is
21 located, which office must be reasonably accessible to the
22 landowners.
23 (7) To hold, control, and acquire by donation or
24 purchase any public easements, dedications to public use,
25 platted reservations for public purposes, or any reservations
26 for those purposes authorized by this act and to make use of
27 such easements, dedications, or reservations for any of the
28 purposes authorized by this act.
29 (8) To lease as lessor or lessee to or from any
30 person, firm, corporation, association, or body, public or
31 private, any projects of the type that the district is
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1 authorized to undertake and facilities or property of any
2 nature for the use of the district to carry out any of the
3 purposes authorized by this act.
4 (9) To borrow money and issue certificates, warrants,
5 notices, or other evidence of indebtedness as hereinafter
6 provided, and to levy such special assessments as may be
7 authorized.
8 (10) To cooperate or contract with other governmental
9 agencies within or outside the boundaries of the district, as
10 may be necessary, convenient, incidental, or proper in
11 connection with any of the powers, duties, or purposes
12 authorized by this act.
13 (11) To assess and impose upon lands in the district,
14 not otherwise exempt as defined herein, special assessments as
15 provided by this act.
16 (12) To exercise all of the powers necessary,
17 convenient, incidental, or proper in connection with any of
18 the powers, duties, or purposes authorized by this act.
19 (13) To develop and implement environmental protection
20 programs or plans, including cooperative scientific research
21 with public and private bodies, the construction or operation
22 of facilities and works, and the award of grants-in-aid to
23 other public or private bodies for the purpose of maintaining
24 and improving air and water resource quality.
25 (14) To appoint, in its discretion, an advisory
26 council to assist the board in the development of
27 environmental protection programs consistent with the
28 requirements of chapters 373 and 403, Florida Statutes. The
29 advisory council shall consist of a scientific or technical
30 representative from the South Florida Water Management
31 District, the Department of Environmental Protection, the Fish
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1 and Wildlife Conservation Commission, the Institute for Food
2 and Agricultural Sciences, the Department of Agriculture and
3 Consumer Services, and the agricultural industry, and such
4 other members as the board may determine.
5 (15) At any time, and from time to time after the
6 issuance of any bonds of the district have been authorized, to
7 borrow money for the purposes for which such bonds are to be
8 issued in anticipation of the receipt of the proceeds of the
9 sale of such bonds and to issue bond anticipation notes in a
10 principal sum not in excess of the authorized maximum amount
11 of such bond issue.
12 (16) To issue revenue bonds from time to time without
13 limitation as to amount for the purpose of financing those
14 systems and facilities provided for herein. Such revenue bonds
15 may be secured by, or payable from, the gross or net pledge of
16 the revenues to be derived from any project or combination of
17 projects; from the rates, fees, or other charges to be
18 collected from the users of any project or projects; from any
19 revenue-producing undertaking or activity of the district;
20 from special assessments; or from any other source or pledged
21 security. Such bonds shall not constitute an indebtedness of
22 the district. The district shall be authorized to issue bonds
23 only upon approval by landowners' referendum. A meeting of the
24 landowners shall be held for the purpose of conducting a
25 landowners' referendum on the question of whether the district
26 should be authorized to issue bonds. Notice, voting, and
27 conduct of the meeting shall be as prescribed by of section
28 3(2).
29 (a) Any issue of bonds may be secured by a trust
30 agreement by and between the district and a corporate trustee
31 or trustees, which may be any trust company or bank having the
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1 powers of a trust company within or without the state. The
2 resolution authorizing the issuance of the bonds or such trust
3 agreement may pledge the revenues to be received from any
4 projects of the district and may contain such provisions for
5 protecting and enforcing the rights and remedies of the
6 bondholders as the board may approve, including, without
7 limitation, covenants setting forth the duties of the district
8 in relation to: the acquisition, construction, reconstruction,
9 improvement, maintenance, repair, operation, and insurance of
10 any projects; the fixing and revising of the rates, fees, and
11 charges; and the custody, safeguarding, and application of all
12 moneys and for the employment of consulting engineers in
13 connection with such acquisition, construction,
14 reconstruction, improvement, maintenance, repair, or
15 operation.
16 (b) Bonds of each issue shall be dated; shall bear
17 interest at such rate or rates, not to exceed the maximum rate
18 allowed by law, including variable rates, which interest may
19 be tax exempt or taxable for federal income tax purposes;
20 shall mature at such time or times from their date or dates;
21 and may be made redeemable before maturity at such price or
22 prices and under such terms and conditions as may be
23 determined by the board.
24 (17) To issue bonds for the purpose of refunding any
25 outstanding bonds of the district.
26 Section 7. Special assessments; exemptions.--
27 (1) The district board shall have the power to levy
28 and assess a special assessment upon each and every assessable
29 acre or fraction thereof, up to $10 per acre, for the purposes
30 of management and administration of the district, development,
31 and implementation of the environmental protection plan, and
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1 to fund the construction, operation, and maintenance of
2 assessable improvements. The benefit of implementation of said
3 plan and other costs cited herein shall be deemed to exceed
4 the damages of the special assessment authorized against all
5 assessable land within the district.
6 (2) Annual special assessments levied pursuant to this
7 act shall become due and be collected each year at the same
8 time that county taxes are due and collected, and said annual
9 assessment and levy shall be evidenced and certified by the
10 board of supervisors not later than September 15 of each year
11 to the tax collectors of counties in which lands of the
12 district are situated. However, for 1989, said certification
13 shall be transmitted to the tax collector within 45 days after
14 referendum approval of this act as provided in section 3(2).
15 Said assessments shall be extended on the county special
16 assessment or tax rolls and shall be collected by the tax
17 collectors in the same manner and time as county taxes and the
18 proceeds thereof paid to said district. Said assessment shall
19 be a lien until paid on the property against which assessed
20 and enforceable in like manner as county taxes. The district
21 shall be exempt from all provisions of section 197.3632(3)(a),
22 Florida Statutes, and the first-class United States mail
23 provisions of section 197.3632(4)(b), Florida Statutes, and
24 shall levy, assess, certify, and collect special assessments
25 with the assistance of the county tax collectors as provided
26 pursuant to all other applicable provisions of section
27 197.3632, Florida Statutes, for 1989 and all subsequent years.
28 (3) All assessments provided for in this act, together
29 with all penalties for default and payment of the same and all
30 costs in collecting the same, shall, from the date of
31 assessment thereof until paid, constitute a lien of equal
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1 dignity with the liens for county taxes, and other taxes of
2 equal dignity with the county taxes, upon all the lands
3 against which such assessments shall be levied as is provided
4 in this act.
5 (4) All lands within the district classified by the
6 property appraisers of Palm Beach, Hendry, or Glades Counties
7 as agricultural pursuant to section 193.461, Florida Statutes,
8 shall be liable for the assessments levied by the district for
9 so long as said lands remain classified as agricultural. All
10 lands within the district classified by the property
11 appraisers for uses other than agricultural shall be exempt
12 from district assessments so long as said lands are not
13 classified as agricultural pursuant to section 193.461,
14 Florida Statutes.
15 Section 8. Short-term borrowing.--The district at any
16 time may obtain loans, in such amount and on such terms and
17 conditions as the district board may approve, for the purpose
18 of paying any of the expenses of the district or any costs
19 incurred or that may be incurred in connection with any of the
20 projects of the district, which loans shall bear such interest
21 as the district board may determine in compliance with general
22 law, and may be payable from and secured by a pledge of such
23 funds, revenues, and assessments as the district board may
24 determine. The district shall not obtain loans for periods in
25 excess of 1 year. The district may issue negotiable notes,
26 warrants, or other evidence of debt to be payable at such
27 times, to bear such interest as the district board may
28 determine in compliance with general law, and to be sold or
29 discounted at such price or prices not less than 95 percent of
30 par value and on such terms as the district board may deem
31 advisable. The district board shall have the right to provide
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1 for the payment thereof by pledging the whole or any part of
2 the funds, revenues, and assessments of the district. The
3 approval of the electors residing in the district shall not be
4 necessary except when required by the State Constitution.
5 Section 9. Ratification of prior acts.--All acts and
6 proceedings of the circuit court taken by, for, and on behalf
7 of the district since the creation thereof, and all of the
8 acts and proceedings of the board of supervisors, the
9 commissioners, and all other officers and agents of the
10 district, and of the county, acting for and on behalf of the
11 district, and any and all tax levies and assessments which
12 have been made by the board of supervisors for and on behalf
13 of the district, are each and every one of them, and each and
14 every part thereof, hereby ratified, validated, and confirmed.
15 Section 10. Liberal construction.--It is intended that
16 the provisions of this act shall be liberally construed for
17 accomplishing the work authorized and provided for or intended
18 to be provided for by this act, and where strict construction
19 would permit or assist in the accomplishment of any part of
20 the work authorized by this act, the liberal construction
21 shall be chosen.
22 Section 4. In the event any section or provision of
23 this act is determined to be invalid or unenforceable, such
24 determination shall not affect the validity of or
25 enforceability of each other section and provision of this
26 act.
27 Section 5. In the event of a conflict of the
28 provisions of this act with the provisions of any other act
29 the provisions of this act shall control to the extent of such
30 conflict.
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1 Section 6. Chapters 89-423 and 90-423, Laws of
2 Florida, are repealed.
3 Section 7. This act shall take effect upon becoming a
4 law.
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