Senate Bill sb2588

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    Florida Senate - 2002        (NP)                      SB 2588

    By Senator Jones





    40-1016A-02

  1                      A bill to be entitled

  2         An act relating to Monroe County; creating the

  3         Key Largo Wastewater Treatment District;

  4         creating a short title; providing definitions;

  5         creating a district charter; creating an

  6         independent special district; providing a

  7         district boundary; providing for amendment only

  8         by special act; providing powers, functions,

  9         and duties; providing for a governing board,

10         elections, qualification, term of office,

11         staggering terms of office, removal from

12         office, and filling vacancies; providing for

13         election of chair, vice chair, and

14         secretary-treasurer; providing for board member

15         compensation and reimbursement of expenses;

16         providing a quorum; providing requirements for

17         meetings and notice; providing requirements for

18         reports, budgets, and audits; prohibiting

19         creation of state, county, or municipal debt;

20         providing for liberal construction; providing

21         limitation of state authority; prohibiting

22         conflict of interest and providing a penalty;

23         providing for termination of district;

24         authorizing levy of ad valorem taxes for a

25         certain time period subject to approval of

26         electors; specifying method of collection and

27         enforcement of taxes; authorizing property

28         appraiser's and tax collector's fees or

29         commissions; amending chapter 76-441, Laws of

30         Florida, as amended, and terminating certain

31         jurisdiction of the Florida Keys Aqueduct

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    Florida Senate - 2002        (NP)                      SB 2588
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  1         Authority; providing for severability;

  2         providing an effective date.

  3

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

  5

  6         Section 1.  The Key Largo Wastewater Treatment District

  7  and its charter are created to read:

  8         Section 1.  Short title.--This act may be cited as the

  9  "Key Largo Wastewater Treatment District Act."

10         Section 2.  Definitions.--When used in this act, unless

11  a different meaning appears clearly from the context, the

12  term:

13         (1)  "District" means the Key Largo Wastewater

14  Treatment District created by this act and identified in

15  section 3, to be known as the district, and the territory

16  included within the special district.

17         (2)  "Project" means and includes a wastewater

18  management system, including any and all parts thereof, and

19  all appurtenant and related facilities necessary or convenient

20  for the complete acquisition or establishment, management,

21  operation, and maintenance of such wastewater management

22  system, and business facilities incidental thereto; all

23  appurtenant to and located within the special district.

24         (3)  "Wastewater" means the combination of the liquid

25  and water-carried pollutants from a residence, commercial

26  building, industrial plant, or institution, together with any

27  groundwater, surface runoff, or leachate that may be present.

28         (4)  "Wastewater management system" means and includes

29  sewage disposal systems, including wastewater reuse systems,

30  or sanitary sewer systems, including facilities and land used

31  or useful in providing service and any integral part thereof,

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    Florida Senate - 2002        (NP)                      SB 2588
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  1  whether inside or outside the district, and shall include, but

  2  not be limited to, sewage disposal plants or facilities,

  3  sanitary sewers, pumping stations, intercepting or trunk or

  4  lateral sewers, and any other properties or works or equipment

  5  necessary for the collection, treatment, and disposal of

  6  sewage and wastewater, including wastewater reuse.

  7         Section 3.  District; creation, jurisdiction, and

  8  purpose.--

  9         (1)  The district is created and incorporated as an

10  independent special district, pursuant to chapter 189, Florida

11  Statutes, to be known as the Key Largo Wastewater Treatment

12  District (district), in Monroe County, which special district

13  shall be a public body corporate and politic.

14         (2)  The district boundaries shall embrace and include

15  the territory consisting of Key Largo, including all lands

16  east of Tavernier Creek, including Tavernier, Key Largo, and

17  Cross Key, with the exception of Ocean Reef, all in Monroe

18  County, Florida.

19         (3)  The district is created for all purposes set forth

20  in this act and chapter 189, Florida Statutes, as the same may

21  be amended from time to time.

22         (4)  The district charter created by this act may be

23  amended only by special act of the Legislature.

24         (5)  The purpose of the district shall be to perform

25  such acts as shall be necessary for the sound planning,

26  acquisition, development, operation, and maintenance of a

27  wastewater management system within the district, including

28  all business facilities necessary and incidental thereto. The

29  district shall have exclusive jurisdiction over the

30  acquisition, development, operation, and management of a

31

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  1  wastewater management system in and for the district

  2  boundaries.

  3         Section 4.  District powers, functions, and duties.--

  4         (1)  In addition to any powers, functions, and duties

  5  set forth in this act, the district shall likewise exercise

  6  such powers, functions, and duties as are set forth in chapter

  7  189, Florida Statutes, as the same may be amended from time to

  8  time.

  9         (2)  The district is authorized and empowered:

10         (a)  To adopt bylaws for the regulation of its affairs

11  and the conduct of its business.

12         (b)  To adopt rules pursuant to chapter 120, Florida

13  Statutes, as necessary for implementation, regulation, and

14  enforcement, consistent with the purposes of the district.

15         (c)  To adopt an official seal for the district and to

16  alter the same at its pleasure.

17         (d)  To plan, develop, purchase or otherwise acquire,

18  construct, reconstruct, improve, extend, enlarge, equip,

19  repair, maintain, and operate any wastewater management system

20  and facilities within the territorial limits of the district.

21         (e)  To acquire by grant, loan, purchase, gift, or

22  devise or by the exercise of the right of eminent domain all

23  property, real or personal, or any estate or interest therein

24  necessary, desirable, or convenient for the purposes of this

25  act, and to sell, convey, lease, rent, or assign all or any

26  part thereof and to exercise all of its powers and authority

27  with respect thereto. The exercise of eminent domain shall be

28  as provided for by applicable general law.

29         (f)  To assess and impose ad valorem taxes, and non-ad

30  valorem assessments, upon the lands in the district, as

31  provided by this act and chapter 197, Florida Statutes.

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  1         (g)  To issue revenue bonds, pursuant to section

  2  189.4085, Florida Statutes, and otherwise by general law, to

  3  pay the cost of purchasing or otherwise acquiring,

  4  constructing, reconstructing, improving, extending, enlarging,

  5  or equipping a wastewater management system.

  6         (h)  To issue refunding bonds, pursuant to section

  7  189.4085, Florida Statutes, and otherwise by general law, to

  8  refund any bonds then outstanding which shall have been issued

  9  under the provisions of this act.

10         (i)  To lease, rent, or contract for the operation of

11  all or any part of any wastewater management system

12  facilities.

13         (j)  To fix and collect rates, rentals, fees, and

14  charges for the use of any wastewater management system

15  facilities. The district may provide for reasonable penalties

16  against any user for any such rates, fees, rentals, or other

17  charges that are delinquent. In the event that such

18  delinquency occurs and such fees, rentals, or other charges

19  are not paid and remain delinquent for 30 days or more, the

20  district may discontinue and shut off services until such

21  fees, rentals, or other charges, including interest,

22  penalties, and charges for shutting off, discontinuing, and

23  restoring such services, are fully paid. The district may

24  enter on lands, waters, and premises of any person, firm,

25  corporation, or other body for the purpose of discontinuing

26  and shutting off services under such circumstances. Further,

27  such delinquent fees, rentals, or other charges, together with

28  interest, penalties, and charges for shutting off,

29  discontinuing, and restoring such services, and reasonable

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

31  district by suit in any court of competent jurisdiction. The

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    Florida Senate - 2002        (NP)                      SB 2588
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  1  district may also enforce payment by any other lawful method

  2  of enforcement.

  3         (k)  To make and enter into contracts and agreements

  4  necessary or incidental to the performance of the duties

  5  imposed and the execution of the powers granted under this

  6  act, and to employ such consulting and other engineers,

  7  superintendents, managers, construction and financial experts,

  8  and attorneys, and such employees and agents as are, in the

  9  judgment of the district, necessary, and to fix their

10  compensation, provided that all such expenses shall be payable

11  solely from funds made available under the provisions of this

12  act.

13         (l)  To establish, or otherwise make available, a plan

14  for retirement, disability, death, hospitalization, and other

15  appropriate benefits for officers and employees of the

16  district.

17         (m)  To enter into contracts with the government of the

18  United States or the State of Florida or any agency or

19  instrumentality of either thereof, or with any county,

20  municipality, district, corporation, public or private, or

21  individual providing for or relating to wastewater management

22  system facilities.

23         (n)  To borrow money for any district purpose and

24  execute notes, mortgages, or deeds to secure debt, trust

25  deeds, trust agreements, and such other instruments as are

26  necessary or convenient to evidence and secure such borrowing.

27         (o)  To invest surplus funds of the district consistent

28  with the "Investment of Local Government Surplus Funds Act,"

29  part IV, chapter 218, Florida Statutes.

30         (p)  To do all acts or things necessary or convenient

31  to carry out the powers expressly granted in this act.

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    Florida Senate - 2002        (NP)                      SB 2588
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  1         Section 5.  Governing board.--

  2         (1)  The business and affairs of the district shall be

  3  conducted and administered by a five-member governing board

  4  elected pursuant to chapter 189, Florida Statutes, by the

  5  electors of the district in a nonpartisan election held at the

  6  time and in the manner prescribed for holding general

  7  elections in section 189.405(2)(a), Florida Statutes, as the

  8  same may be amended from time to time.

  9         (2)  Any individual desiring to be elected to the

10  governing board must qualify pursuant to section

11  189.405(2)(c), Florida Statutes, as the same may be amended

12  from time to time. Additionally, in accordance with section

13  189.4051, Florida Statutes, as the same may be amended from

14  time to time, each member of the governing board must be a

15  registered elector, residing within the boundaries of the

16  district at the time he or she qualifies and continually

17  through his or her term.

18         (3)  At the initial election of the governing board,

19  the candidates receiving the highest five vote totals,

20  consistent with section 189.405(4), Florida Statutes, as the

21  same may be amended from time to time, shall be deemed elected

22  to the initial governing board. Thereafter, at the time of

23  subsequent elections, available governing board positions

24  shall be filled by those candidates receiving the highest vote

25  totals.

26         (4)  The term of office shall be 4 years and shall

27  begin and end on the same dates as do the terms of the members

28  of the Monroe County Board of County Commissioners; however,

29  at the initial election, in order to stagger terms of office,

30  the governing board members elected with the two lowest vote

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    Florida Senate - 2002        (NP)                      SB 2588
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  1  totals shall each serve a term of only 2 years.  Thereafter,

  2  all governing board member terms shall be for 4 years.

  3         (5)  Any member of the governing board may be removed

  4  by a majority vote of the governing board for misfeasance,

  5  malfeasance, or neglect of duty.

  6         (6)  Any vacancy in the membership of the governing

  7  board resulting from the death, resignation, change of

  8  residence, or removal of any such board member or from any

  9  other cause shall be filled, for the remainder of the term, by

10  election within 30 days after the occurrence of such vacancy.

11  However, in the event that the remaining term is 60 days or

12  less, the vacancy shall be filled by election at the next

13  general election pursuant to section 189.405(2)(a), Florida

14  Statutes, as the same may be amended from time to time.

15         (7)  The governing board shall have those

16  administrative duties set forth in this act and chapter 189,

17  Florida Statutes, as the same may be amended from time to

18  time.

19         Section 6.  Chair, vice chair, secretary-treasurer.--At

20  the first meeting of the governing board, the governing board

21  members shall elect one of their members to be, respectively,

22  the chair, vice chair, and secretary-treasurer of the board.

23  Thereafter, the chair, vice chair, and secretary-treasurer

24  shall be so elected annually.

25         Section 7.  Governing board; compensation, expense

26  reimbursement.--The members of the governing board shall

27  receive as compensation for their services a fee of $300 per

28  meeting, not to exceed three meetings per month. The amount of

29  compensation shall be adjusted annually based upon the index

30  provided in section 287.017(2), Florida Statutes. In addition,

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    Florida Senate - 2002        (NP)                      SB 2588
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  1  each board member shall be reimbursed for expenses as provided

  2  in section 112.061, Florida Statutes.

  3         Section 8.  Quorum; transaction of business.--A

  4  majority of the members of the district governing board shall

  5  constitute a quorum for the transaction of the business of the

  6  district. The affirmative vote of a majority of the governing

  7  board members present and voting shall be necessary to

  8  transact business.

  9         Section 9.  Meetings, notice.--The governing board

10  shall hold meetings pursuant to sections 189.416 and 189.417,

11  Florida Statutes.

12         Section 10.  Reports, budgets, audits.--The district

13  shall prepare and submit reports, budgets, and audits as

14  provided in sections 189.415 and 189.418, Florida Statutes.

15         Section 11.  Creation of state, county, or municipal

16  debts prohibited.--The district is not empowered or authorized

17  in any manner to create a debt as against the state, county,

18  or any or all of the municipalities, and may not pledge the

19  full faith and credit of the state, county, or any of the

20  municipalities. All revenue bonds or debt obligations shall

21  contain on the face thereof a statement to the effect that the

22  state, county, or any of the municipalities shall not be

23  obligated to pay the same or the interest and that they are

24  only payable from revenues of the project or the portion

25  thereof for which they are issued and that neither the full

26  faith and credit nor the taxing power of the state or of any

27  political subdivision thereof is pledged to the payment of the

28  principal of or the interest on such bonds. The issuance of

29  revenue or refunding bonds under the provisions of this act

30  shall not directly or indirectly or contingently obligate the

31  state, county, or any of the municipalities to levy or to

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  1  pledge any form of taxation whatever therefor or to make any

  2  appropriation for their payment.

  3         Section 12.  Liberal construction of act.--This act,

  4  being for the purpose of developing and promoting the public

  5  good and the welfare of the district, the territory included

  6  in the special district, and the citizens, inhabitants, and

  7  taxpayers residing therein, shall be liberally construed to

  8  effect the purposes of the act.

  9         Section 13.  Limitation of state authority.--The state

10  does hereby pledge to and agree with the holders of any debt

11  obligations issued under this act, and with those parties who

12  may enter into contracts with the district pursuant to the

13  provision of this act, that the state will not limit or alter

14  the rights vested in the district until such obligations,

15  together with the interest thereon, are fully met and

16  discharged and such contracts are fully performed on the part

17  of the district.

18         Section 14.  Conflicts of interest prohibited.--No

19  member, officer, agent, or employee of the district, either

20  for himself or herself, or as agent for anyone else, or as a

21  stockholder or owner in any other legal entity, shall

22  participate or benefit directly or indirectly in or from any

23  sale, purchase, lease, franchise, contract, or other

24  transaction entered into by the district. If any such person

25  violates the provisions of this section, he or she shall be

26  guilty of a misdemeanor. The provisions of this section shall

27  be cumulative to any general laws of the state which are from

28  time to time applicable to members, officers, agents, or

29  employees of the district, and which require the disclosure

30  of, or prohibit, conflicts of interest.

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  1         Section 15.  Termination of district.--If for any

  2  reason the district or its successors shall terminate, be

  3  terminated, or cease operation or existence for any cause or

  4  reason, then upon such termination or cessation, all property,

  5  real, personal, or mixed, tangible or intangible, of

  6  whatsoever kinds and wheresoever located, shall immediately

  7  become the property of the county, which is authorized to

  8  exercise any or all powers granted the district by this act

  9  for the purposes expressed in this act, or for any other legal

10  purpose.

11         Section 16.  Ad valorem; millage rate.--The district is

12  authorized to assess and impose ad valorem taxes for 3 years

13  as follows: at the rate of 0.5 mill for fiscal year 2003-2004,

14  0.4 mill for fiscal year 2004-2005, and 0.3 mill for fiscal

15  year 2005-2006 upon approval by referendum of electors of the

16  district.  Such ad valorem taxes shall be levied for, and

17  applied to, the purposes of the district.

18         Section 17.  Enforcement of taxes.--The collection and

19  enforcement of all non-ad valorem assessments and taxes levied

20  by the district shall be at the same time and in like manner

21  as county taxes; and the provisions of general law relating to

22  the sale of lands for unpaid and delinquent county taxes, the

23  issuance, sale, and delivery of tax certificates for such

24  unpaid and delinquent county taxes, the redemption thereof,

25  the issuance to individuals of tax deeds based thereon, and

26  all other procedures in connection therewith shall be

27  applicable to the district and the delinquent and unpaid

28  assessments and taxes of the district to the same extent as if

29  such statutory provisions were expressly set forth in this

30  act.  All taxes shall be subject to the same discounts as

31  county taxes.

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  1         Section 18.  Property appraiser and tax collector; fees

  2  or commissions.--The Offices of the Property Appraiser and the

  3  Tax Collector of Monroe County shall be entitled to applicable

  4  fees, commissions, and costs for the levy and collection of ad

  5  valorem taxes and non-ad valorem assessments pursuant to

  6  sections 197.3632 and 192.091, Florida Statutes.

  7         Section 2.  Amendment of chapter 76-441, Laws of

  8  Florida; termination of a geographic portion of the wastewater

  9  management jurisdiction of the Florida Keys Aqueduct

10  Authority.--This act amends chapter 76-441, Laws of Florida,

11  as amended. The jurisdiction of the Florida Keys Aqueduct

12  Authority over wastewater management as re-created by chapter

13  76-441, Laws of Florida, as amended, is terminated for the

14  geographical area described in section 3 of the charter

15  created by this act.

16         Section 3.  If any provision of this act of its

17  application to any person or circumstance is held invalid, the

18  invalidity does not affect other provisions or applications of

19  the act which can be given effect without the invalid

20  provision or application, and to this end the provisions of

21  this act are declared severable.

22         Section 4.  In the event of a conflict of the

23  provisions of this act with the provisions of any other act,

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

25  conflict.

26         Section 5.  This act shall take effect upon becoming a

27  law.

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