Senate Bill sb2676

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002        (NP)                      SB 2676

    By Senator Geller





    29-1828A-02                                        See HB 1017

  1                      A bill to be entitled

  2         An act relating to the Plantation Acres

  3         Improvement District, Broward County; providing

  4         for codification of special laws relating to

  5         the Plantation Acres Improvement District

  6         pursuant to section 189.429, Florida Statutes;

  7         providing legislative intent; codifying,

  8         reenacting, and amending chapters 67-924,

  9         82-274, 86-355, and 99-426, Laws of Florida;

10         providing for creation, status, charter

11         amendments, and boundaries; providing for

12         applicability of certain provisions of chapter

13         298, Florida Statutes; providing definitions;

14         providing for a board of supervisors and powers

15         and duties; providing for a district manager

16         and treasurer; providing for board member

17         compensation; providing for a seal; authorizing

18         the board to establish its fiscal year;

19         providing annual budget procedures; providing

20         for a water control plan; providing for

21         assessments and taxes; authorizing the issuance

22         of bonds; providing for liens; providing for

23         use of district facilities and services;

24         requiring bids for certain purchases;

25         authorizing the district's use of

26         rights-of-way; authorizing the board to enter

27         into agreements with other political bodies;

28         providing for action by landowners; providing

29         for enforcement and penalties; exempting

30         district property from execution; providing

31         minimum charter requirements in accordance with

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1         section 189.404, Florida Statutes; providing

  2         for construction, effect, and conflict;

  3         repealing chapters 67-924, 82-274, 86-355, and

  4         99-426, Laws of Florida; providing an effective

  5         date.

  6  

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

  8  

  9         Section 1.  Intent.--Pursuant to section 189.429,

10  Florida Statutes, this act constitutes the codification of all

11  special acts relating to the Plantation Acres Improvement

12  District. It is the intent of the Legislature in enacting this

13  law to provide a single, comprehensive special act charter for

14  the district, including all current legislative authority

15  granted to the district by its several legislative enactments

16  and any additional authority granted by this act and chapters

17  189 and 298, Florida Statutes, as amended from time to time.

18         Section 2.  Codification.--Chapters 67-924, 82-274,

19  86-355, and 99-426, Laws of Florida, relating to the

20  Plantation Acres Improvement District, formerly the Dixie

21  Drainage District, are codified, reenacted, and amended as

22  provided herein.

23         Section 3.  The Plantation Acres Improvement District

24  is reenacted and the charter for the district is re-created

25  and reenacted to read:

26         Section 1.  Creation; charter amendments; abolishment

27  of the Dixie Drainage District.--There is hereby created the

28  Plantation Acres Improvement District in Broward County,

29  Florida, which includes all of the area previously within the

30  Dixie Drainage District. The district was created by special

31  act of the Legislature in 1982 and its charter may be amended

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1  only by special act of the Legislature. The abolishment of the

  2  Dixie Drainage District by chapter 82-274, Laws of Florida, is

  3  hereby ratified and confirmed.

  4         Section 2.  Status; boundaries.--The Plantation Acres

  5  Improvement District is declared to be an independent

  6  improvement district and a public corporation of the state

  7  pursuant to chapter 298, Florida Statutes, and other

  8  applicable general laws, as amended from time to time. The

  9  district is created for the purposes of providing public

10  infrastructure, services, the assessment, levy, and collection

11  of taxes, non-ad valorem assessments, and fees, the operation

12  of district facilities and services, and all other purposes

13  stated in this act consistent with chapters 189 and 298,

14  Florida Statutes, and other applicable general laws. The

15  boundaries of the district shall be as follows:

16  

17         Beginning at the intersection of the said North

18         right-of-way of the North New River Canal and

19         the East line of said Section 12; thence due

20         North along the said East line of Section 12

21         and along the East line of said Section 1 a

22         distance of 3163.04 feet; thence North 0°03'55"

23         West along the said East line of Section 1 and

24         along the East line of said Section 36, a

25         distance of 5420.00 feet; thence North 0°04'12"

26         East along the said East line of Section 36, a

27         distance of 3762.80 feet to the Northeast

28         corner of said Section 36 and the Southeast

29         corner of said Section 25; thence North

30         0°03'22" East along the East line of said

31         Section 25 a distance of 1519.54 feet; thence

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1         North 0°04'014" West along the said East line

  2         of Section 25 a distance of 3780.64 feet to the

  3         Northeast corner of said Section 25; thence

  4         North 88°46'30" West along the North line of

  5         said Section 25 a distance of 5333.38 feet to

  6         the Northwest corner thereof; thence South

  7         0°31'53" East along the West line of said

  8         Section 25 a distance of 5438.54 feet to the

  9         Southwest corner of said Section 25 and the

10         Northwest corner of said Section 36; thence

11         South 0°01'08" East along the West line of said

12         Section 36, a distance of 5314.33 feet to the

13         Southwest corner of said Section 36 and the

14         Northwest corner of said Section 1; thence

15         South 0°03'19" East along the West line of said

16         Section 1, a distance of 5267.60 feet to the

17         Southwest corner of said Section 1 and the

18         Northwest corner of said Section 12; thence

19         South 0°00'03" West along the West line of said

20         Section 12, a distance of 353.64 feet to a

21         point on the said North right-of-way line of

22         the North New River Canal; thence South

23         75°17'10" East along the said North

24         right-of-way line, a distance of 5458.67 feet

25         to the Point of Beginning.

26  

27         Said lands situate, lying and being in Broward

28         County, Florida, and which said boundary line

29         embraces and includes those certain tracts or

30         parcels of land described as follows:

31  

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1         Tracts 1 through 64, inclusive of the

  2         Subdivision of Section 25, Township 49 South,

  3         Range 40 East, according to the Florida Fruit

  4         Lands Company's Subdivision Map No. 1, recorded

  5         in Plat Book 2, Page 17 of the Public Records

  6         of Dade County, Florida, together with all

  7         rights-of-ways and dedications of record.

  8  

  9         Tracts 1 through 24, inclusive, in the

10         Northeast Quarter (NE  1/4 ); Tracts 1 through

11         24, inclusive, in the Northwest Quarter (NW

12         1/4 ); Tracts 1 through 24, inclusive, in the

13         Southeast Quarter (SE  1/4 ); Tracts 1 through

14         24, inclusive in the Southwest Quarter (SW  1/4

15         ); all according to the subdivision of Section

16         36, Township 49 South, Range 40 East, according

17         to Chambers Land Company's Subdivision recorded

18         in Plat Book 1, Page 5-A of the Public Records

19         of Broward County, Florida, together with all

20         rights-of-way and dedications of record.

21  

22         Tracts 1 through 64, inclusive, of the

23         Subdivision of Section 1, Township 50 South,

24         Range 40 East, according to the Florida Fruit

25         Lands Company's Subdivision Map No. 1, recorded

26         in Plat Book 2, Page 17 of the Public Records

27         of Dade County, Florida, together with all

28         rights-of-ways and dedications of record.

29  

30  

31  

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1         That portion of Section 12, Township 50 South,

  2         Range 40 East, lying North of the North

  3         right-of-way line of North New River Canal.

  4  

  5         Said land comprising of all of Sections 25 and

  6         36, Township 49 South, Range 40 East; and all

  7         of Section 1, Township 50 South, Range 40 East;

  8         and all that portion of Section 12, Township 50

  9         South, Range 40 East, lying North of the North

10         right-of-way line of the North New River Canal.

11  

12         Section 3.  Applicability of certain provisions of

13  chapter 298, Florida Statutes, to the Plantation Acres

14  Improvement District; inconsistent laws inapplicable.--The

15  provisions of chapter 298, Florida Statutes, and all

16  amendments thereto, now existing or hereafter enacted, are

17  declared to be applicable to the Plantation Acres Improvement

18  District insofar as not inconsistent with the provisions of

19  this act or any subsequent special acts relating to the

20  Plantation Acres Improvement District. Said Plantation Acres

21  Improvement District shall have all of the powers and

22  authorities mentioned in or conferred by said chapter 298,

23  Florida Statutes, as it may be amended from time to time,

24  except as they may conflict with this act.

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

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

27  shall have the following meanings:

28         (1)  "Assessable improvements" includes without

29  limitation any and all drainage and land reclamation works and

30  facilities, storm sewers and drains, streets, roads, or other

31  projects of the district, or that portion or portions thereof,

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1  local in nature and of special benefit to the premises or

  2  lands served thereby, and any and all modifications,

  3  improvements, and enlargements thereof.

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

  5  applicable to bonds shall be equally applicable to

  6  certificates. "Bond" includes general obligations bonds,

  7  assessment bonds, refunding bonds, revenue bonds, or any

  8  combination thereof, and such other obligations in the nature

  9  of bonds as are provided for in this act, as the case may be.

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

11  Plantation Acres Improvement District, or if such board shall

12  be abolished, the board, body, or commission succeeding to the

13  principal functions thereof or to whom the powers given by

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

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

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

17  the feasibility or practicability of acquisition,

18  construction, or reconstruction; the cost of surveys,

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

20  construction, or reconstruction; the cost of improvements;

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

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

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

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

25  financing charges; the creation of initial reserve and debt

26  service funds; working capital; interest charges incurred or

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

28  construction and acquisition and for such period of time after

29  completion of construction or acquisition as the board may

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

31  including advertisements and printing; the cost of any

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1  election held pursuant to this act and all other expenses of

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

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

  4  be necessary or incidental to the acquisition, construction,

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

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

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

  8  corporation for any moneys advanced in connection with any of

  9  the foregoing items of cost. Any obligation or expense

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

11  acquisition, construction, or reconstruction of any project or

12  improvements thereon, or in connection with any other

13  development of land that the board of the district shall

14  determine to be necessary or desirable in carrying out the

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

16         (5)  "District" means the Plantation Acres Improvement

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

18  district.

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

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

21  private corporations, and owners of cooperative and

22  condominium units; it does not include reversioners,

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

24  not be notified of proceedings under this act.

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

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

27  or convenience, now existing or hereafter undertaken or

28  established under the provisions of this act or under chapter

29  298, Florida Statutes.

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

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

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




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

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

  3  facilities for the conservation, control, development,

  4  utilization, and disposal of water, and any purposes

  5  appurtenant, necessary, or incidental thereto, and includes

  6  all real and personal property and any interest therein,

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

  8  any such water and flood control facilities or necessary or

  9  convenient for the acquisition, construction, reconstruction,

10  operation, or maintenance thereof.

11         Section 5.  Board of supervisors; election;

12  organization; terms of office; quorum; report and minutes.--

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

14  body of the district and shall be elected on a nonpartisan

15  basis by the qualified electors in the district in accordance

16  with the provisions of section 189.405, Florida Statutes, as

17  amended from time to time. The board shall exercise the powers

18  granted to the district under this act and under chapters 189

19  and 298, Florida Statutes, as amended from time to time. The

20  board shall consist of five members, and except as otherwise

21  provided herein, each member shall hold office for a term of 4

22  years and until his or her successor shall be chosen and shall

23  qualify. A majority of the members of the board shall be

24  residents of Broward County, and all members shall be

25  residents of Florida. All members of the board shall be

26  landowners within the district.

27         (2)  Each supervisor, before entering upon his or her

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

29  as prescribed in section 298.13, Florida Statutes.

30         (3)  All supervisors shall hold office for the terms

31  for which they are elected or appointed and until their

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




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

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

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

  4  vacancy by appointment of a new supervisor or supervisors for

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

  6  office.

  7         (4)  As soon as practicable after each election, the

  8  board shall organize by choosing one supervisor to be chair

  9  and one to be vice chair of the board and by appointing a

10  recording secretary, who need not be a member of the board. In

11  the event an employee of the district serves as the board's

12  recording secretary, an appointment to such office shall not

13  be necessary following an election.

14         (5)  A majority of the members of the board shall

15  constitute a quorum.

16         (6)  The board shall keep a permanent record book

17  entitled "Record of Proceedings of Plantation Acres

18  Improvement District," in which shall be recorded minutes of

19  all meetings, resolutions, proceedings, certificates, bonds

20  given by all employees, and any and all corporate acts, which

21  book shall at reasonable times be opened to the inspection of

22  any landowner, taxpayer, resident, or bondholder of the

23  district, and such other persons in accordance with chapter

24  119, Florida Statutes. Such record book shall be kept at any

25  office or other regular place of business maintained by the

26  board in Broward County.

27         Section 6.  Appointment and duties of district

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

29  facility constructed or erected under the provisions of this

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

31  and for maintaining and operating the equipment owned by the

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




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

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

  3  district manager who shall have charge and supervision of the

  4  works of the district.

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

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

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

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

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

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

11  the order of, or pursuant to, the resolution of the board by

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

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

14  the treasurer such other or additional powers and duties as

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

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

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

18  may be deemed satisfactory to the board to secure the

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

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

21  treasurer at least once a year.

22         (2)  The board shall select depositories in which the

23  bonds and funds of the board and of the district shall be

24  deposited in accordance with chapter 280, Florida Statutes,

25  governing public deposits.

26         Section 8.  Compensation of board.--Each supervisor

27  shall be entitled to receive for his or her services an amount

28  not to exceed $300 per month. In addition, each supervisor

29  shall receive reasonable traveling expenses for attending

30  district business outside of the district. Unless the board by

31  resolution otherwise provides, such traveling expenses shall

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1  not be in excess of the amounts provided by law for state and

  2  county officials.

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

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

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

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

  7  to acquire by purchase, gift, devise, eminent domain, (except

  8  as limited herein), or otherwise, property, real or personal,

  9  or any estate therein, within the district, to be used for any

10  of the purposes of this act.

11         (2)  To adopt a water control plan; and to establish,

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

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

14  revetments, reservoirs, holding basins, floodways, pumping

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

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

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

18  board is deemed advisable to provide access to such

19  facilities.

20         (3)  To acquire and maintain appropriate sites for

21  storage and maintenance of the equipment of the district; and

22  to acquire and maintain and construct a suitable building to

23  house the office and records of the district.

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

25  the course and flow of, alter, or deepen any canal, ditch,

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

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

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

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

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

31  

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1  works and machinery in connection with the purposes herein set

  2  forth.

  3         (5)  To regulate and set forth by appropriate

  4  resolution the drainage requirements and conditions to be met

  5  for any development upon any land within the district,

  6  including, but not limited to, authority to require as a

  7  condition precedent for any development that good and

  8  sufficient bond be posted to ensure proper drainage for the

  9  area to be developed.

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

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

12  district as hereinafter provided.

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

14  improvements deemed necessary to preserve and maintain the

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

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

17  provide for machines and equipment for any purpose authorized

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

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

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

21  equipment.

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

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

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

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

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

27  over levees and embankments; and to construct any and all of

28  said works and improvements across, through, or over any

29  public right-of-way, highway, grade, fill, or cut in or out of

30  the district.

31  

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




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

  2  purchase, or condemnation, any easement, reservation, or

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

  4  provided; and to condemn as provided by chapters 73 and 74,

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

  6  the district, any land or property within the district

  7  necessary for the purpose of this act.

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

  9  district an ad valorem tax, an annual improvement tax, and a

10  maintenance tax as hereinafter provided.

11         (11)  To impose and foreclose special assessment liens

12  as hereinafter provided.

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

14  appropriate resolution all structures, materials, and things,

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

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

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

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

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

20  promulgating, amending, and repealing of all regulations

21  necessary or convenient for the carrying out of the duties,

22  obligations, and powers conferred on the district created

23  hereby.

24         (14)  To cooperate with or contract with other

25  governmental agencies as may be necessary, convenient,

26  incidental, or proper in connection with any of the powers,

27  duties, or purposes of the district as stated in this act.

28         (15)  To employ engineers, attorneys, consultants,

29  agents, employees, and representatives as the board of

30  supervisors may from time to time determine necessary and to

31  fix their compensation and duties.

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




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

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

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

  4  this act.

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

  6  roads necessary and convenient to provide access to, and

  7  efficient development of, areas made suitable and available

  8  for cultivation, development, settlement, urban subdivision,

  9  homesites, and other beneficial developments as a result of

10  the drainage operations of the district.

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

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

13  any reservations for roadway or drainage purposes within the

14  boundaries of the district.

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

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

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

18  authorized to undertake and facilities or property of any

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

20  purposes of this act.

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

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

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

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

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

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

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

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

29  desirable to prevent or alleviate land erosion or flooding.

30  The powers granted to the district by this subsection shall be

31  concurrent, within the boundaries of the district, with other

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1  public bodies, agencies, or authorities as may be authorized

  2  by law. The district is eligible to receive moneys,

  3  disbursements, and assistance from the state available to

  4  flood control or water management districts and the navigation

  5  districts or agencies.

  6         (21)  To issue general obligation bonds, revenue bonds,

  7  assessment bonds, or any other bonds or obligations authorized

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

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

10  of the acquisition, construction, reconstruction, extension,

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

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

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

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

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

16         (22)  To establish administrative and financial "units"

17  within the district, as described and governed by section

18  298.353, Florida Statutes, as it may be amended from time to

19  time.

20         (23)  To exercise any and all other powers conferred

21  upon water control districts by chapter 298, Florida Statutes.

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

23  shall bear the legend "Plantation Acres Improvement District,

24  Broward County, Florida, Seal, Established 1982."

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

26  shall establish the fiscal year for the district.

27         Section 12.  Annual budget.--Prior to June 1 of each

28  year after this act is effective, the treasurer of the

29  district shall prepare a proposed budget to be submitted to

30  the board for its approval. The proposed budget shall include

31  an estimate of all necessary expenditures of the district for

                                  16

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1  the next ensuing fiscal year and an estimate of income to the

  2  district from the taxes and assessments provided in this act.

  3  The board shall consider the proposed budget item by item and

  4  may either approve the budget as proposed by the district

  5  manager or modify the same in part or in whole. The board

  6  shall indicate its approval of the budget by resolution, which

  7  resolution shall provide for a hearing on the budget as

  8  approved. Notice of the hearing on the budget shall be

  9  published in a newspaper in general circulation within the

10  district in Broward County, Florida, once a week for 2

11  consecutive weeks, provided that the second publication shall

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

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

14  shall state the purpose of the meetings. The notice shall

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

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

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

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

19  as proposed, and make such changes as the board deems

20  necessary. At the conclusion of the budget hearing, the board

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

22  the board.

23         Section 13.  Plan of improvement of roads and water

24  control; proceedings thereof.--The board may proceed to adopt

25  a water control plan as provided in chapter 298, Florida

26  Statutes, or as provided in this section. The board shall

27  cause to be made by the chief engineer, or such other engineer

28  or engineers as the board may employ for that purpose, a

29  complete and comprehensive plan for water control of the lands

30  or improvements of roads located within the district which

31  

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  1  meets the requirements of sections 298.225 and 298.301,

  2  Florida Statutes, as amended from time to time.

  3         Section 14.  Amendment of water control plan.--The

  4  board may at any time and from time to time amend its water

  5  control plan or any plan providing for the construction of

  6  roads upon or the drainage of lands within the district in

  7  accordance with the procedures established in chapter 298,

  8  Florida Statutes, and may provide for such new and additional

  9  drainage facilities, canals, ditches, levees, roads, and other

10  works as the board may determine. In connection with the

11  revision of any water control plan or the provision of any new

12  or additional road or drainage facilities, canals, ditches,

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

14  assessments theretofore levied or the funds derived from the

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

16  works, benefits may be reassessed, additional assessments

17  made, and taxes levied in accordance with the procedures

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

19  board may at any time approve and make effective technical

20  changes or modifications in any plan of improvement or

21  reclamation not affecting assessed benefits, levy of taxes, or

22  the security of bondholders.

23         Section 15.  Assessing land for development;

24  apportionment of assessment.--After the requirements of

25  chapter 298, Florida Statutes, have been met regarding the

26  water control plan, engineer's report, and list of lands with

27  assessed benefits, the district shall levy a non-ad valorem

28  assessment or special assessment in accordance with chapter

29  298, Florida Statutes, as amended from time to time, and this

30  act.

31  

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1         Section 16.  Prepayment of taxes or assessments.--The

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

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

  4  the date of prepayment and any prepayment premiums or

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

  6  proceedings authorizing any bonds or other obligations for the

  7  payment of which special assessments have been pledged or

  8  taxes levied.

  9         Section 17.  Tax liens.--All taxes and non-ad valorem

10  assessments of the district provided for in this act or

11  chapter 298, Florida Statutes, together with all penalties for

12  default in the payment of the same and all costs in collecting

13  the same, shall constitute a lien as provided in chapter 298,

14  Florida Statutes, as amended from time to time. A sale of any

15  of the real property within the district for state and county

16  or other taxes shall not operate to relieve or release the

17  property so sold from the lien for subsequent district taxes

18  or installments of district taxes which lien may be enforced

19  against such property as though no such sale thereof had been

20  made. The provisions of section 194.171, Florida Statutes, and

21  amendments thereto, shall be applicable to district taxes with

22  the same force and effect as if said provisions were expressly

23  set forth in this act.

24         Section 18.  Issuance of bond anticipation notes.--In

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

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

27  any time and from time to time, after the authorization to

28  issue any bonds of the district, to borrow money for the

29  purposes for which such bonds are to be issued and in

30  anticipation of the receipt of the proceeds of the sale of

31  such bonds. Such bond anticipation notice may be issued, at

                                  19

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1  any time and from time to time, to issue bond anticipation

  2  notes in a principal sum not in excess of the authorized

  3  maximum amount of such bond issue. Such notes shall be in such

  4  denomination or denominations, bear interest at such rate as

  5  the board may determine not to exceed the maximum rate allowed

  6  by law, mature at such time or times not later than 5 years

  7  from the date of issuance, and be in such form and executed in

  8  such manner as the board shall prescribe. Such notes may be

  9  sold at either public or private sale or, if such notes shall

10  be renewal notes, may be exchanged for notes then outstanding

11  on such terms as the board shall determine. Such notes shall

12  be paid from the proceeds of such bonds when issued. The board

13  may, in its discretion, in lieu of retiring the notes by means

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

15  taxes or assessments levied for the payment of such bonds,

16  but, in such event, a like amount of the bonds authorized

17  shall not be issued.

18         Section 19.  Short term borrowing.--The district at any

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

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

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

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

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

24  years from the date of issuance and may be renewable for a

25  like term or terms and shall bear such interest as the board

26  may determine, not to exceed the highest rate allowed by law,

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

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

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

30  district may issue negotiable notes, warrants, or other

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

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    Florida Senate - 2002        (NP)                      SB 2676
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  1  of the board duly authorized by the board, such notes or other

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

  3  such interest as the board may determine not to exceed the

  4  highest rate allowed by general law per annum, and to be sold

  5  or discounted at such price or prices and on such terms as the

  6  board may deem advisable. The board shall have the right to

  7  provide for the payment thereof by pledging the whole or any

  8  part of the funds, revenues, taxes, and assessments of the

  9  district. The approval of the qualified electors who are

10  freeholders residing in the district shall not be necessary

11  except where required by Florida law.

12         Section 20.  Trust agreements.--In the discretion of

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

14  agreement by and between the district and a corporate trustee

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

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

17  resolution authorizing the issuance of the bonds or such trust

18  agreement may pledge the revenues to be received from any

19  projects of the district and may contain such provisions for

20  protecting and enforcing the rights and remedies of the

21  bondholders as the board may approve, including without

22  limitation covenants setting forth the duties of the district

23  in relation to the acquisition, construction, reconstruction,

24  improvement, maintenance, repair, operation, and insurance of

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

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

27  moneys, and for the employment of consulting engineers in

28  connection with such acquisition, construction,

29  reconstruction, improvement, maintenance, repair, or

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

31  incorporated under the laws of the state, which may act as a

                                  21

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    Florida Senate - 2002        (NP)                      SB 2676
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  1  depository of the proceeds of bonds or of revenues, to furnish

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

  3  required by the district. Such resolution or trust agreement

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

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

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

  7  payment of the proceeds of the sale of the bonds and the

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

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

10  method of disbursement thereof with such safeguards and

11  restrictions as it may determine. All expenses incurred in

12  carrying out the provisions of such resolution or trust

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

14  the project to which such trust agreement pertains.

15         Section 21.  Sale of bonds.--Bonds may be sold in

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

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

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

19  may deem advisable, but not in any event at less than 95

20  percent of the par value thereof, together with accrued

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

22  bonds. Special assessment and revenue bonds may be delivered

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

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

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

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

27  services rendered by any contractor, engineer, or other

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

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

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

31  exchanged, or delivered may be:

                                  22

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1         (1)  The money paid for the bonds.

  2         (2)  The principal amount, plus accrued interest to the

  3  date of redemption or exchange, or outstanding obligations

  4  exchanged for refunding bonds.

  5         (3)  In the case of special assessment or revenue

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

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

  8  properties exchanged for the bonds, as determined by the

  9  board.

10         Section 22.  Authorization and form of bonds.--Bonds

11  may be authorized by resolution or resolutions of the board

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

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

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

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

16  authorize the issuance of bonds and fix the aggregate amount

17  of bonds to be issued, the purpose or purposes for which the

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

19  of interest, not to exceed the highest rate allowed by law,

20  the denomination of the bonds, whether or not the bonds are to

21  be issued in one or more series, the date or dates of

22  maturity, which shall not exceed 40 years from their

23  respective dates of issuance, the medium of payment, the place

24  or places within or without the state where payment shall be

25  made, registration privileges, redemption terms and privileges

26  (whether with or without premium), the manner of execution,

27  the form of the bonds including any interest coupons to be

28  attached thereto, the manner of execution of bonds and

29  coupons, and any and all other terms, covenants, and

30  conditions thereof, and the establishment of revenue or other

31  funds. Such authorizing resolution may further provide that

                                  23

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    Florida Senate - 2002        (NP)                      SB 2676
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  1  such bonds may be executed manually or by engraved,

  2  lithographed, or facsimile signature, provided that where

  3  signatures are engraved, lithographed, or facsimile, no bond

  4  shall be valid unless countersigned by a registrar or other

  5  officer designated by appropriate resolution of the board. The

  6  seal of the district may be affixed, lithographed, engraved,

  7  or facsimile on such bonds. In case any officer whose

  8  signature shall appear on any bonds or coupons shall cease to

  9  be such officer before the delivery of such bonds, such

10  signature or facsimile shall nevertheless be valid and

11  sufficient for all purposes the same as if he or she had

12  remained in office until such delivery.

13         Section 23.  Interim certificates; replacement

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

15  the board may issue interim certificates or receipts or

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

17  board may determine, exchangeable for definitive bonds when

18  such bonds shall have been executed and are available for

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

20  any bonds which shall become mutilated or shall be lost or

21  destroyed.

22         Section 24.  Negotiability of bonds.--Any bond issued

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

24  temporary bond, in the absence of an express recital on the

25  face thereof that it is nonnegotiable, shall be fully

26  negotiable and shall be and constitute negotiable instruments

27  within the meaning and for all purposes of the law merchant

28  and the laws of Florida.

29         Section 25.  Defeasance.--The board may make such

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

31  and interest of the holders of any of the bonds and

                                  24

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

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

  3  appropriate and, without limitation on the foregoing, may

  4  provide that when such bonds or obligations become due and

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

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

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

  8  outstanding shall be paid, or sufficient moneys or direct

  9  obligations of the United States Government the principal of

10  and the interest on which when due will provide sufficient

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

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

13  payable in connection with such bonds or other obligations,

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

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

16  properties by which such bonds are secured shall thereupon

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

18  surplus in any sinking fund established in connection with

19  such bonds or obligations and all balances remaining in all

20  other funds or accounts other than money held for the

21  redemption or payment of the bonds or other obligations to a

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

23         Section 26.  Issuance of additional bonds.--If the

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

25  completing the project in connection with which such bonds are

26  issued, the board may authorize the issuance of additional

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

28  in the resolution authorizing the issuance thereof, but only

29  in compliance with the resolution or other proceedings

30  authorizing the issuance of the original bonds.

31  

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  1         Section 27.  Refunding bonds.--The district shall have

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

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

  4  the time of such issuance are or subsequently thereto become

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

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

  7  10 years thereafter, or the surrender of which can be procured

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

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

10  of the board such issuance will be advantageous to the

11  district. No approval of the qualified electors who are

12  freeholders residing in the district shall be required for the

13  issuance of refunding bonds except in cases where such

14  approval is required by the constitution. The board may by

15  resolution confer upon the holders of such refunding bonds all

16  rights, powers, and remedies to which the holders would be

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

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

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

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

21  pledged funds, without extinguishment, impairment, or

22  diminution thereof. The provisions of this act pertaining to

23  bonds of the district shall, unless the context otherwise

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

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

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

27         Section 28.  Revenue bonds.--

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

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

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

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

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    29-1828A-02                                        See HB 1017




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

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

  3  projects, from any revenue-producing undertaking or activity

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

  5  Such bonds shall not constitute an indebtedness of the

  6  district, and the approval neither of the qualified electors

  7  nor of the qualified electors who are freeholders shall be

  8  required unless such bonds are additionally secured by the

  9  full faith and credit and taxing power of the district in

10  which case approval of the qualified electors who are

11  freeholders shall be required.

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

13  consolidated into a single project, and may thereafter be

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

15  authorized herein may be issued to finance any one or more of

16  such projects regardless whether or not such projects have

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

18  board deems it advisable, the proceedings authorizing such

19  revenue bonds may provide that the district may thereafter

20  combine the projects then being financed or theretofore

21  financed with other projects to be subsequently financed by

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

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

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

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

26  revenues to be derived from the subsequent projects shall at

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

28  pledged to the holders of any revenue bonds theretofore issued

29  to finance the revenue undertakings which are later combined

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

31  

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




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

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

  3         Section 29.  General obligation bonds.--

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

  5  time to issue general obligation bonds in an aggregate

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

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

  8  property within the district as shown on the pertinent tax

  9  records at the time of the authorization of the general

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

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

12  obligation bonds shall be issued unless the issuance thereof

13  shall have been approved at an election of the qualified

14  electors, which shall be called and held in accordance with

15  the requirements for such election as prescribed by the

16  constitution and election laws of Florida. Such elections

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

18  County Commissioners of Broward County upon the request of the

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

20  such referendum elections shall be borne by the district and

21  the district shall reimburse the county for any expenses

22  incurred in calling or holding such elections. In the

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

24  such other provision for the registration of such qualified

25  electors and the calling and holding of such elections as the

26  board may from time to time deem appropriate.

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

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

29  obligation bonds, and for any reserve or other funds provided

30  therefor, and may unconditionally and irrevocably pledge

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

                                  28

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    29-1828A-02                                        See HB 1017




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

  2  without limitations as to rate or amount.

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

  4  obligation bonds for more than one different purpose, the

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

  6  purposes may be submitted to the electors on one and the same

  7  ballot. The failure of the electors to approve the issuance of

  8  bonds for any one or more purposes shall not defeat any

  9  approval of bonds for any other purpose.

10         Section 30.  Bonds as legal investment or

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

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

13  act shall constitute legal investment for savings banks,

14  banks, trust companies, insurance companies, executors,

15  administrators, trustee guardians, and other fiduciaries, and

16  for any board, body, agency, instrumentality, county,

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

18  shall be and constitute securities which may be deposited by

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

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

21  companies as required or voluntary statutory deposits.

22         Section 31.  Covenants.--Any resolution authorizing the

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

24  deem advisable and all such covenants shall constitute valid

25  and legally binding and enforceable contracts between the

26  district and the bondholders, regardless of the time of

27  issuance thereof. Such covenants may include, without

28  limitation, covenants concerning the disposition of the bond

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

30  pledging of revenues, taxes, and assessments, the obligation

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

                                  29

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    Florida Senate - 2002        (NP)                      SB 2676
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  1  and the maintenance of adequate project revenues, the issuance

  2  of additional bonds, the appointment powers and duties of

  3  trustees and receivers, the acquisition of outstanding bonds

  4  and obligations, restrictions on the establishing of competing

  5  projects or facilities, restrictions on the sale or disposal

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

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

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

  9  ensure the payment of revenues by users of district facilities

10  or services, the discontinuance of district services by reason

11  of delinquent payments, acceleration upon default, the

12  execution of necessary instruments, the procedure for amending

13  or abrogating covenants with the bondholders, and such other

14  covenants as may be deemed necessary or desirable for the

15  security of the bondholders.

16         Section 32.  Validity of bonds; validation

17  proceedings.--

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

19  incontestable in the hands of bona fide purchasers or holders

20  for value and shall not be invalid because of any irregularity

21  or defects in proceedings for the issue and sale thereof.

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

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

24  or newspapers of general circulation in Broward County and

25  within the district stating the date of adoption of the

26  resolution authorizing such obligations, the amount, the

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

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

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

30  questioning the validity of such obligations or of the

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

                                  30

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  1  covenants made therein, must be instituted within 20 days

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

  3  such obligations, proceedings, and covenants shall not be

  4  thereafter questioned in any court whatsoever. If no such

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

  6  period, then the validity of such obligations, proceedings,

  7  and covenants shall be conclusive, and all persons or parties

  8  whatsoever shall be forever barred from questioning the

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

10  court whatsoever.

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

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

13  of the district may be validated and confirmed by circuit

14  court decree under the provisions of chapter 75, Florida

15  Statutes, and laws amendatory thereof or supplementary

16  thereto.

17         Section 33.  Authority for issuance of bonds.--This act

18  constitutes full and complete authority for the issuance of

19  bonds and the exercise of the powers of the district provided

20  herein. No procedures or proceedings, publications, notices,

21  consents, approvals, orders, acts, or things by the board, or

22  any board, officers, commission, department, agency, or

23  instrumentality of the district, other than those required by

24  this act, shall be required to issue any bonds or to do any

25  act or perform anything under this act, and the issuance or

26  sale of bonds pursuant to the provisions of this act need not

27  comply with the requirements of any other law applicable to

28  the issuance or sale of bonds, except as otherwise provided in

29  this act, and shall not require the consent or approval of the

30  board of drainage commissioners of the State of Florida or of

31  any other board, officers, commission, department, agency, or

                                  31

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1  instrumentality of the State of Florida or any political

  2  subdivision thereof. Except as otherwise provided herein, no

  3  proceedings or procedures of any character whatever shall be

  4  necessary or required for the issuance of bonds other than the

  5  adoption of an appropriate resolution by the board as provided

  6  in this act with respect to the issuance of the same. The

  7  powers conferred by this act on the district with respect to

  8  the issuance and sale of bonds shall be in addition and

  9  supplemental to the powers conferred by any other law.

10         Section 34.  Pledge by the State of Florida to the

11  bondholders of the district and to the Federal

12  Government.--The State of Florida pledges to the holders of

13  any bonds issued under this act that it will not limit or

14  alter the rights of the district to own, acquire, construct,

15  reconstruct, improve, maintain, operate, or furnish the

16  projects or to levy and collect the taxes, assessments,

17  rentals, rates, fees, and other charges provided for herein

18  and to fulfill the terms of any agreement made with the

19  holders of such bonds or other obligations, and that it will

20  not in any way impair the right or remedies of the holders.

21         Section 35.  Ad valorem taxes.--The board shall have

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

23  taxable property in the district to pay the principal of and

24  interest on any general obligation bonds of the district, or

25  to provide for any sinking or other funds established in

26  connection with any such bonds, or both. The ad valorem tax

27  provided for herein shall not exceed 2 mills and shall be in

28  addition to the county and all other ad valorem taxes provided

29  for by law. Such tax shall be assessed, levied, and collected

30  in the same manner and same time as county taxes. The tax

31  

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1  shall be a lien until paid on the property against which

  2  assessed, enforceable in like manner as county tax liens.

  3         Section 36.  Annual installment taxes.--The board may

  4  levy and collect annual installment taxes. Such taxes shall be

  5  levied in accordance with chapter 298, Florida Statutes, as

  6  amended from time to time.

  7         Section 37.  Maintenance tax.--The board may levy an

  8  annual maintenance tax. Such tax shall be levied in accordance

  9  with chapter 298, Florida Statutes, as amended from time to

10  time.

11         Section 38.  Enforcement of taxes.--The collection and

12  enforcement of all assessments or taxes levied by the district

13  shall be as provided in chapter 298, Florida Statutes, as

14  amended from time to time.

15         Section 39.  When unpaid tax is delinquent;

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

17  delinquent and bear penalties in accordance with chapter 298,

18  Florida Statutes, as amended from time to time.

19         Section 40.  Tax exemption.--As the exercise of the

20  powers conferred by this act constitute the performance of

21  essential public functions, and as the projects of the

22  district will constitute public property used for public

23  purposes, all assets and properties of the district, and all

24  bonds issued hereunder and interest paid thereon, and all

25  fees, charges, and other revenues derived by the district from

26  the projects provided by this act shall be exempt from all

27  taxes by the state or by any political subdivision, agency, or

28  instrumentality thereof. However, nothing in this act shall be

29  deemed to exempt from taxation any property, project,

30  facility, or business activity or enterprise that cannot

31  validly be undertaken as a public function by special taxing

                                  33

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1  districts or other public bodies under the laws and

  2  Constitution of Florida and, further, that nothing in this act

  3  shall be deemed to exempt any property, project, facility, or

  4  business activity or enterprise of the district, or revenues

  5  derived therefrom, which would be subject to taxation under

  6  the general laws of Florida if such property, project, or

  7  facility were owned or undertaken by a municipal corporation.

  8         Section 41.  Non-ad valorem or special

  9  assessments.--The board shall levy non-ad valorem or special

10  assessments in accordance with this section or chapter 189,

11  chapter 197, or chapter 298, Florida Statutes:

12         (1) AUTHORITY FOR PROVIDING IMPROVEMENTS AND LEVYING

13  AND COLLECTING SPECIAL ASSESSMENTS AGAINST PROPERTY

14  BENEFITED.--The board may provide for the construction,

15  reconstruction, repair, paving, repaving, hard surfacing,

16  rehard surfacing, widening, guttering, and drainage of

17  streets; may provide for the drainage and reclamation of wet,

18  low, or overflowed lands; and may provide for the payment of

19  all or any part of the costs of any such improvements by

20  levying and collecting special assessments on the abutting,

21  adjoining, contiguous, or other specifically benefited

22  property.

23         (2)  METHOD OF PRORATING SPECIAL ASSESSMENTS.--Special

24  assessments against property deemed to be benefited by local

25  improvements, as provided for in section 42(1), shall be

26  assessed upon the property specially benefited by the

27  improvement in proportion to the benefits to be derived

28  therefrom, said special benefits to be determined and prorated

29  according to such method as the board may prescribe.

30         (3)  RESOLUTION REQUIRED TO DECLARE SPECIAL

31  ASSESSMENTS.--When the board may determine to make any

                                  34

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1  assessable improvement and defray the whole or any part of the

  2  expense thereof by special assessments, the board shall so

  3  declare by resolution stating the nature of the proposed

  4  improvement, designating the street or streets to be improved,

  5  the location of storm sewers and drains, or the location of

  6  the drainage project, and the part or portion of the expense

  7  thereof to be paid by special assessments, the manner in which

  8  said assessments shall be made, when said assessments are to

  9  be paid, and what part, if any, shall be apportioned to be

10  paid from the general improvement fund of the board; and said

11  resolution shall also designate the lands upon which the

12  special assessments shall be levied and, in describing said

13  lands, it shall be sufficient to describe them as "all lots

14  and lands adjoining and contiguous or bounding and abutting

15  upon such improvements or specially benefited thereby and

16  further designated by the assessment plat hereinafter provided

17  for." Such resolution shall also state the total estimated

18  cost of the improvement. Such estimated cost shall include the

19  cost of construction or reconstruction, the cost of all labor

20  and materials, the cost of all lands, property, rights,

21  easements, and franchises acquired, financing charges,

22  interest prior to and during construction and for 1 year after

23  completion of construction, discount on the sale of special

24  assessment bonds, cost of plans and specifications,

25  inspections, surveys of estimates of costs and of revenues,

26  cost of engineering and legal services, printing and

27  publishing notices and proceedings, abstracting title, and all

28  other expenses necessary or incident to determining the

29  feasibility or practicability of such construction or

30  reconstruction, administrative expense, and such other expense

31  

                                  35

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1  as may be necessary or incident to the financing herein

  2  authorized.

  3         (4)  PLANS AND SPECIFICATIONS, WITH ESTIMATED COST OF

  4  PROPOSED IMPROVEMENT REQUIRED BEFORE ADOPTION OF

  5  RESOLUTION.--At the time of the adoption of the resolution

  6  provided for in subsection (3), there shall be on file with

  7  the secretary of the board an assessment plat showing the area

  8  to be assessed, with plans and specifications, and an estimate

  9  of the apportioned cost and benefit to each lot of the

10  proposed improvement, which assessment plat, plans and

11  specifications, and estimate shall be open to the inspection

12  of the public.

13         (5)  PUBLICATION OF RESOLUTION.--Upon the adoption of

14  the resolution provided for in subsection (3), the board shall

15  cause said resolution to be published one time in a newspaper

16  of general circulation published in the district, and shall

17  cause said resolution to be published once a week for a period

18  of 2 weeks in a newspaper of general circulation published in

19  Broward County.

20         (6)  ASSESSMENT ROLL.--Upon the adoption of the

21  resolution aforesaid, the board shall cause to be made an

22  assessment roll in accordance with the method of assessment

23  provided for in said resolution, which assessment roll shall

24  be completed and filed with the secretary of the board as

25  promptly as possible. Said assessment roll shall show the lots

26  and lands assessed and the amount of the benefit to and the

27  assessment against each lot or parcel of land. If said

28  assessment is to be paid in installments, the number of annual

29  installments in which the assessment is divided shall also be

30  entered and shown upon said assessment roll.

31  

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1         (7)  PUBLICATION OF ASSESSMENT ROLL.--Upon the

  2  completion of said assessment roll, the board shall by

  3  resolution fix a time and place at which the owners of the

  4  property to be assessed, or any other persons interested

  5  therein, may appear and be heard as to the propriety and

  6  advisability of making such improvements, as to the cost

  7  thereof, as to the manner of payment therefor, and as to the

  8  amount thereof to be assessed against each property so

  9  improved. Ten days' notice in writing of such time and place

10  shall be given to such property owners which shall be served

11  by mailing a copy of such notice to each of such property

12  owners at his or her last known address, the names and

13  addresses of such property owners to be obtained from the

14  records of the property appraiser or from such other sources

15  as the board or engineer deems reliable, with proof of such

16  mailing to be made by the affidavit of the secretary of the

17  district, or by the engineer, said proof to be filed with the

18  secretary, provided that failure to mail said notice or

19  notices shall not invalidate any of the proceedings hereunder.

20  Notice of the time and place of such hearing shall also be

21  given by two publications a week apart in a newspaper of

22  general circulation in the district, and in like manner in a

23  newspaper of general circulation published in Broward County,

24  provided that the last publication shall be at least 1 week

25  prior to the date of the hearing. Said notice shall describe

26  the streets or other areas to be improved and advise all

27  persons interested that the description of each property to be

28  assessed and the amount to be assessed to each piece or parcel

29  of property may be ascertained at the office of the secretary

30  of the board. Such service by publication shall be verified by

31  

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1  the affidavit of the publisher and filed with the secretary of

  2  the district.

  3         (8)  EQUALIZING BOARD TO HEAR COMPLAINTS AND ADJUST

  4  ASSESSMENTS; OBJECTIONS; WAIVER OF OBJECTIONS; REBATE OF

  5  DIFFERENCE IN COST AND ASSESSMENT; CREATION OF LIEN.--At the

  6  time and place named in the notice provided for in subsection

  7  (7), the board shall meet as an equalizing board to hear and

  8  consider any and all objections as to such special assessments

  9  and shall adjust and equalize the said assessments on a basis

10  of justice and right; and all objections to any such

11  assessment roll on the grounds it contains items which cannot

12  be properly assessed against the property, or that it is, for

13  any default or defect in the passage or character of the

14  assessment roll or the plans or specifications or estimate,

15  void or voidable in whole or in part, or that it exceeds the

16  power of the board, shall be made in writing in person or by

17  attorney, and filed with the secretary of the board at or

18  before the time or adjourned time of such hearing of the

19  assessment roll. Any objections against the making of

20  assessable improvements not so made shall be considered waived

21  and, if any objections shall be made and overruled or shall

22  not be sustained, the confirmation of the assessment shall be

23  the final adjudication of the issue presented unless proper

24  steps shall be taken in a court of competent jurisdiction to

25  secure relief within 20 days of such confirmation; and, when

26  so equalized and approved by resolution of the board, such

27  assessments shall stand confirmed and remain legal, valid, and

28  binding first liens, upon the property against which such

29  assessments are made, until paid. However, upon completion of

30  the improvement, the board shall credit to each of said

31  assessments the difference in the assessment as originally

                                  38

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1  made, approved, and confirmed, and the proportionate part of

  2  the actual cost of said improvement to be paid by special

  3  assessments as finally determined upon the completion of said

  4  improvement, provided that in no event shall the final

  5  assessments exceed the amount of benefits originally assessed.

  6  Promptly after such confirmation, the assessments shall be

  7  recorded by the secretary in a special book, to be known as

  8  the "Improvement Lien Book," and the record of the lien in

  9  said book shall constitute prima facie evidence of its

10  validity. The board may by resolution grant a discount equal

11  to all or a part of the payee's proportionate share of the

12  cost of the project consisting of bond financing costs, such

13  as capitalized interest, funded reserves, and bond discount

14  included in the estimated cost of the project, upon payment in

15  full of any assessment during such period prior to the time

16  such financing costs are incurred as may be specified by the

17  board.

18         (9)  PRIORITY OF LIEN; INTEREST; AND METHOD OF

19  PAYMENT.--Said special assessments shall be payable at the

20  time and in the manner stipulated in the resolution providing

21  for said improvements; shall remain liens, coequal with the

22  lien of all state, county, district, and municipal taxes,

23  superior in dignity to all other liens, titles, and claims,

24  until paid; shall bear interest, at a rate not to exceed 1

25  percent above the rate of interest at which the improvement

26  bonds authorized pursuant to this act and used for the

27  improvement are sold, from the date of the acceptance of said

28  improvement; and may, by the resolution aforesaid, be made

29  payable in not more than 20 equal yearly installments, to

30  which, if not paid when due, there shall be added a penalty at

31  the rate of 1 percent per month, until paid. However, said

                                  39

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1  assessments may be paid without interest at any time within 30

  2  days after the improvement is completed and a resolution

  3  accepting the same has been adopted by the board.

  4         (10)  PAYMENT AND COLLECTION OF SPECIAL ASSESSMENT;

  5  FORECLOSURE; SERVICE OF PROCESS.--

  6         (a)  Any assessment may be paid at the office of the

  7  secretary of the board within 30 days after the confirmation

  8  thereof, without interest. Thereafter, all assessments shall

  9  be payable in equal installments, with interest as determined

10  by the board, not to exceed the highest rate allowed by law,

11  from the expiration of said 30 days in each of the succeeding

12  number of years not exceeding 20, which the board shall

13  determine by resolution. However, the board may provide that

14  any assessment may be paid at any time before due, together

15  with interest accrued thereon to the date of payment, if such

16  prior payment shall be permitted by the proceedings

17  authorizing any assessment bonds or other obligations for the

18  payment of which such special assessments have been pledged.

19         (b)  All such special assessments levied pursuant to

20  this act may, in the discretion of the board, be collected by

21  the tax collector of the county at the same time as the

22  general county taxes are collected, and the board shall in

23  such event certify to the county tax collector in each year a

24  list of all such special assessments and names of the owners

25  of and a description of the properties against which such

26  special assessments have been levied and the amounts due

27  thereon in such year, and interest thereon for any

28  deficiencies for prior years. The amount to be collected in

29  such year may include, in the discretion of the board, the

30  principal installment of such special assessments which will

31  become due at any time in the next succeeding fiscal year, and

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1  all or any part of the interest which will become due on such

  2  special assessments during such fiscal year, together with any

  3  deficiencies for prior years.

  4         (c)  The board may, in lieu of providing for the

  5  collection of said special assessments by the tax collector of

  6  the county, provide for the collection of said special

  7  assessments by the district under such terms and conditions as

  8  the board shall determine. In such event, the bills or

  9  statements for the amounts due in any fiscal year shall be

10  mailed to the owners of all properties affected by such

11  special assessments at such time or times as the board shall

12  determine and such bills or statements may include all or any

13  part of the principal and interest which will mature and

14  become due on the annual installments of such special

15  assessments during the fiscal year in which installments of

16  such special assessments are payable.

17         (d)  All charges of the county tax collector or of the

18  district, and the fees, costs, and expenses of any paying

19  agents, trustees, or other fiduciaries for assessment bonds

20  issued under this act, shall be deemed to be costs of

21  operation and maintenance of any drainage or road improvements

22  in connection with which such special assessments were levied,

23  and the board shall be authorized and directed to provide for

24  the payment each year of such costs of collection, fees, and

25  other expenses from the maintenance tax assessment provided in

26  this act as shall be mutually agreed upon between the board

27  and the county tax collector as additional compensation for

28  his or her services for each such assessment district in which

29  the special assessments are collected by the county tax

30  collector.

31  

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1         (e)  All assessments shall constitute a lien upon the

  2  property so assessed from the date of final confirmation

  3  thereof, of the same nature and to the same extent as the lien

  4  for general county taxes falling due in the same year or years

  5  in which such assessments or installments thereof fall due,

  6  and any assessment or installment not paid when due shall be

  7  collectible with such interest and with a reasonable

  8  attorney's fee and costs, but without penalties, by the

  9  district by proceedings in a court of equity to foreclose the

10  lien of assessments as a lien for mortgages is or may be

11  foreclosed under the laws of the state, provided that any such

12  proceedings to foreclose shall embrace all installments of

13  principal remaining unpaid with accrued interest thereon,

14  which installments shall, by virtue of the institution of such

15  proceedings, immediately become due and payable. In the

16  foreclosure of any special assessment, service of process

17  against unknown or nonresident defendants may be had by

18  publication, as now provided by law in other chancery suits.

19  The foreclosure proceedings shall be prosecuted to a sale and

20  conveyance of the property involved in said proceedings as now

21  provided by law in suits to foreclose mortgages; or, in the

22  alternative, said proceeding may be instituted and prosecuted

23  under chapter 173, Florida Statutes. Nevertheless, if, prior

24  to any sale of the property under decree of foreclosure in

25  such proceedings, payment be made of the installment or

26  installments which are shown to be due under the provisions of

27  this section, and all costs, including interest and reasonable

28  attorney's fees, such payment shall have the effect of

29  restoring the remaining installments to their original

30  maturities as provided by the resolution and the proceedings

31  shall be dismissed at the cost and expense of the landowner.

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1  It shall be the duty of the board to enforce the prompt

  2  collection of assessment by the means herein provided, and

  3  such duty may be enforced by suit by any holder of bonds

  4  issued and then outstanding under this act in a court of

  5  competent jurisdiction by mandamus or other appropriate

  6  proceedings. Not later than 30 days after the annual

  7  installments are due and payable, it shall be the duty of the

  8  board to direct the attorney for the district to institute

  9  actions within 2 months after such direction to enforce the

10  collection of all special assessments for assessable

11  improvements made under this section and remaining due and

12  unpaid at the time of such direction. It shall be lawful to

13  join in one action the collection of assessments against any

14  or all property assessed by virtue of the same assessment roll

15  unless the court shall expressly order such joinder

16  prejudicial to the interest of any defendant. The court shall

17  allow a reasonable attorney's fee for the attorney for the

18  district and the same shall be collectible as a part of or in

19  addition to the costs of the action. At the sale pursuant to

20  decree in any such action, the district may be a purchaser to

21  the same extent as an individual person or corporation, except

22  that the part of the purchase price represented by the

23  assessments sued upon and the costs incident thereto and

24  interest thereon need not be paid in cash. Property so

25  acquired by the district may be sold or otherwise disposed of.

26         (f)  Broward County and each school district and other

27  political subdivision wholly or partly within the district

28  shall possess the same power and be subject to the same duties

29  and liabilities in respect of assessments under this section

30  affecting the real estate of such county, school district, or

31  other political subdivision which private owners of real

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1  estate possess or are subject to hereunder, and such real

  2  estate of any such county, school district, and political

  3  subdivision shall be subject to liens for said assessments in

  4  all cases where the same property would be subject to such

  5  liens had it, at the time the lien attached, been owned by a

  6  private owner.

  7         (11)  ADVERTISEMENT FOR BIDS.--After the passage of the

  8  resolution authorizing the construction or reconstruction of

  9  assessable improvements and the final confirmation of the

10  assessment roll, the board shall publish at least once in a

11  newspaper published in Broward County and of general

12  circulation in the district, a notice calling for sealed bids

13  to be received by the district for the construction of the

14  work, unless in the initial resolution the board shall have

15  declared its intention to have the work done by district

16  forces without contract. The notice shall refer in general

17  terms to the extent and nature of the improvements and may

18  identify the same by the short designation indicated in the

19  initial resolution and by reference to the plans and

20  specifications on file. If the initial resolution shall have

21  given two or more alternative descriptions of the assessable

22  improvements as to its material, nature, character, and size,

23  and if the board shall not have theretofore determined upon a

24  definite description, the notice shall call for bids upon each

25  of such descriptions. Bids may be requested for the work as a

26  whole or for any part thereof separately and bids may be asked

27  for any one or more of such assessable improvements authorized

28  by the same or different resolutions, but any bid covering

29  work upon more than one improvement shall be in such form as

30  to permit a separation of cost as to each improvement. The

31  notice shall require bidders to file with their bids either a

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1  certified check drawn upon an incorporated bank or trust

  2  company in such amount or percentage of their respective bids,

  3  as the board shall deem advisable, or a bid bond in like

  4  amount with corporate surety satisfactory to the board to

  5  ensure the execution of a contract to carry out the work in

  6  accordance with such plans and specifications and ensure the

  7  filing, at the making of such contract, of a bond in the

  8  amount of the contract price with corporate surety

  9  satisfactory to the board conditioned upon the full

10  performance of the work in accordance with such contract and

11  full payment for all materials and labor expense incurred

12  thereby. The board shall have the right to reject any or all

13  bids and, if all bids are rejected, the board may readvertise

14  or may determine to do the work by the district forces without

15  contract.

16         (12)  BONDS MAY BE ISSUED TO AN AMOUNT NOT EXCEEDING

17  THE AMOUNT OF LIENS ASSESSED FOR THE COST OF IMPROVEMENTS TO

18  BE PAID BY SPECIAL ASSESSMENT.--After the equalization,

19  approval, and confirmation of the levying of the special

20  assessments for improvements as provided by this section and

21  as soon as a contract for said improvement has been finally

22  let, the board may by resolution or ordinance authorize the

23  issuance of bonds, to be designated "Improvement Bonds, Series

24  No. " in an amount not in excess of the aggregate amount of

25  said liens levied for such improvements. Said bonds shall be

26  payable from a special and separate fund to be known as the

27  "Improvement Fund, Series No. " which shall be used solely for

28  the payment of the principal and interest of said "Improvement

29  Bonds, Series No. " and for no other purpose. Said fund shall

30  be deposited in a separate bank account and all the proceeds

31  collected from the principal, interest, and penalties of said

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1  liens shall be deposited and held in said fund. Said bonds so

  2  issued shall never exceed the amount of liens assessed, and

  3  said bonds shall mature not later than 6 months after the

  4  maturity of the last installment of said liens. Said bonds

  5  shall bear certificates signed by the secretary of the board

  6  certifying that the amount of liens levied, the proceeds of

  7  which are pledged to the payment of said bonds, are equal to

  8  the amount of the bonds issued. The bonds may be delivered to

  9  the contractor in payment for his or her work or may be sold

10  at public or private sale for not less than par and accrued

11  interest, the proceeds to be used in paying for the cost of

12  the work. Said bonds shall not be a charge on, or payable out

13  of, the general revenues of the district, but shall be payable

14  solely out of said assessments, installments, interest, and

15  penalties. Any surplus remaining after payment of all bonds

16  and interest thereon shall revert to the district and be used

17  for any board purpose.

18         Section 42.  Issuance of certificates of indebtedness

19  based on assessments for assessable improvements; assessment

20  bonds.--

21         (1)  The board may, after any assessments for

22  assessable improvements are made, determined, and confirmed,

23  as provided in section 41, issue certificates of indebtedness

24  for the amount so assessed against the abutting property or

25  property otherwise benefited, as the case may be, and in that

26  event separate certificates shall be issued against each part

27  or parcel of land or property assessed, which certificates

28  shall state the general nature of the improvement for which

29  the said assessment is made. Said certificates shall be

30  payable in annual installments in accordance with installments

31  of the special assessment for which they are issued. The board

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1  may determine the interest to be borne by such certificates,

  2  not to exceed the highest rate allowed by law, and may sell

  3  such certificates at either private or public sale and

  4  determine the form, manner of execution, and other details of

  5  such certificates. Such certificates shall recite that they

  6  are payable only from the special assessments levied and

  7  collected from the part or parcels of land or property against

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

  9  be pledged for the payment of principal of and interest on any

10  bonds issued to finance in whole or in part such assessed

11  improvement, or, if not so pledged, may be used to pay the

12  cost or part of the cost of such assessable improvements.

13         (2)  The district may also issue assessment bonds or

14  other obligations payable from a special fund into which such

15  certificates of indebtedness referred to in the preceding

16  subsection may be deposited; or, if such certificates of

17  indebtedness have been issued, the district may assign to such

18  special fund for the benefit of the holders of such assessment

19  bonds or other obligations, or to a trustee for such

20  bondholders, the assessment liens provided for in this act

21  unless such certificates of indebtedness or assessment liens

22  have been theretofore pledged for any bonds or other

23  obligations authorized hereunder. If the board creates such

24  special fund and issues such assessment bonds or other

25  obligations, the proceeds from such certificates of

26  indebtedness and from assessment liens deposited therein shall

27  be used only for the payment of the assessment bonds or other

28  obligations issued as provided in this section. The district

29  is hereby authorized to covenant with the holders of such

30  assessment bonds or other obligations that it will diligently

31  and faithfully enforce and collect all the special assessments

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1  and interest or penalties thereon for which such certificates

  2  of indebtedness and assessment liens have been deposited in or

  3  assigned to such fund and to foreclose such assessment liens

  4  so assigned to such special fund or represented by the

  5  certificates of indebtedness deposited in said special fund,

  6  after such assessment liens have become delinquent, and

  7  deposit the proceeds derived from such foreclosure, including

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

  9  other covenants deemed necessary or advisable in order to

10  properly secure the holders of such assessment bonds or other

11  obligations.

12         (3)  The assessment bonds or other obligations issued

13  pursuant to this section shall have such dates of issue and

14  maturity as shall be deemed advisable by the board, provided,

15  however, that the maturities of such assessment bonds or other

16  obligations shall not be more than 2 years after the due date

17  of the last installment which will be payable on any of the

18  special assessments for which such assessment liens, or the

19  certificates of indebtedness representing such assessment

20  liens, are assigned to or deposited in such special fund.

21         (4)  Such assessment bonds or other obligations issued

22  under this section shall bear such interest as the board may

23  determine, not to exceed the maximum allowed by law, shall be

24  executed, shall have such provisions for redemption prior to

25  maturity, and shall be sold in the manner and be subject to

26  all of the applicable provisions contained in this act for

27  revenue bonds, except as the same may be inconsistent with the

28  provisions of this section.

29         (5)  All assessment bonds or other obligations issued

30  under the provisions of this act, except certificates of

31  indebtedness issued against separate lots or parcels of land

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    Florida Senate - 2002        (NP)                      SB 2676
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  1  or property as provided in this section, shall be and

  2  constitute and have all the qualities and incidents of

  3  negotiable instruments under the law merchant and the laws of

  4  Florida.

  5         Section 43.  Foreclosure of liens.--Any lien in favor

  6  of the district arising under chapter 298, Florida Statutes,

  7  or under this act may be foreclosed by the district by

  8  foreclosure proceedings in the name of the district in the

  9  circuit court in like manner as is provided in chapter 173,

10  Florida Statutes, and amendments thereto, and the provisions

11  of said chapter shall be applicable to such proceedings with

12  the same force and effect as if said provisions were expressly

13  set forth in this act. Any act required or authorized to be

14  done by or on behalf of a city or town in foreclosure

15  proceedings under chapter 173, Florida Statutes, may be

16  performed by such officer or agent of the district as the

17  board of supervisors may designate. Such foreclosure

18  proceedings may be brought at any time after the expiration of

19  1 year from the date any tax, or installment thereof, becomes

20  delinquent.

21         Section 44.  Payment of taxes and redemption of tax

22  liens of the district; sharing in proceeds of tax sale under

23  section 197.542, Florida Statutes.--

24         (1)  The district has the right to:

25         (a)  Pay any delinquent state, county, district,

26  municipal, or other tax or assessment upon land located wholly

27  or partially within the boundaries of the district; and

28         (b)  Redeem or purchase any tax sales certificate

29  issued or sold on account of any state, county, district,

30  municipality, or other taxes or assessments upon lands located

31  wholly or partially within the boundaries of the district.

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    Florida Senate - 2002        (NP)                      SB 2676
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  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 upon all the real

  7  property against which said taxes were levied. The lien of the

  8  district may be foreclosed in the manner provided in this act.

  9         (3)  In any sale of land pursuant to section 197.542,

10  Florida Statutes, and amendments thereto, the district may

11  certify to the clerk of the circuit court of the county

12  holding such sale the amount of taxes due to the district upon

13  the lands sought to be sold, and the district shall share in

14  the disbursement of the sales proceeds in accordance with the

15  provisions of this act and under law.

16         Section 45.  Mandatory use of certain district

17  facilities and services.--The district may require all lands,

18  buildings, and premises and all persons, firms, and

19  corporations within the district to use the reclamation,

20  roads, and drainage facilities of the district. Subject to

21  such exceptions as may be provided by the resolutions, rules,

22  or bylaws of the board, and subject to the terms and

23  provisions of any resolution authorizing any bonds and

24  agreements with bondholders, no drainage, roads, or

25  reclamation facilities shall be constructed, reconstructed, or

26  operated within the district unless the board gives its

27  consent thereto and approves the plans and specifications

28  therefor.

29         Section 46.  Bids required.--No contract shall be let

30  by the board for the construction or maintenance of any

31  project authorized by this act, except pursuant to chapter 298

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    Florida Senate - 2002        (NP)                      SB 2676
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  1  or chapter 255, Florida Statutes, and other applicable general

  2  law.

  3         Section 47.  Maintenance of projects across

  4  rights-of-way.--The district shall have the power to

  5  construct, operate, and maintain its projects in, along, or

  6  under any dedications to the public, platted rights-of-way,

  7  platted reservations, easements, streets, alleys, highways, or

  8  other public places or ways, and across any drain, ditch,

  9  canal, floodway, holding basin, excavation, grade, fill, or

10  cut, within or without the district.

11         Section 48.  Agreements with other political bodies for

12  the joint discharge of common functions.--The board and any

13  other political bodies, whether now in existence or hereafter

14  created, are authorized to enter into and carry into effect

15  contracts and agreements relating to the common powers,

16  duties, and functions of the board and any other political

17  bodies, to the end that there may be effective cooperation and

18  coordination in discharging their common functions, powers,

19  and duties.

20         Section 49.  Action taken on consent of

21  landowners.--Any action required under this act or under

22  chapter 298, Florida Statutes, to be taken on public hearing

23  for the purposes of receiving and passing on objections by

24  landowners may be taken without such notice or hearing upon

25  the written consent of all the landowners affected by such

26  action.

27         Section 50.  Enforcement and penalties.--The board or

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

29  or equity as may be necessary to ensure compliance with the

30  provisions of this act, including injunctive relief to enjoin

31  or restrain any person violating the provisions of this act,

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  1  or the bylaws, resolutions, regulations, rules, codes, and

  2  orders adopted under or pursuant to this act. In case any

  3  building or structure is erected, constructed, reconstructed,

  4  altered, repaired, converted, or maintained, or any building,

  5  structure, land, or water is used, in violation of this act,

  6  or of any code, order, resolution, or other regulation made

  7  under authority conferred by this act or under law, the board

  8  and any citizen residing in the district may institute any

  9  appropriate action or proceeding to prevent such unlawful

10  erection, construction, reconstruction, alteration, repair,

11  conversion, maintenance, or use, to restrain, correct, or

12  avoid such violation, to prevent the occupancy of such

13  building, structure, land, or water, and to prevent any

14  illegal act, conduct, business, or use in or about such

15  premises, land, or water.

16         Section 51.  Exemption of district property from

17  execution.--All district property shall be exempt from levy

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

19  judicial process shall issue against such property, nor shall

20  any judgment against the district be a charge or lien on its

21  property or revenues, provided that nothing herein contained

22  shall apply to or limit the rights of bondholders to pursue

23  any remedy for the enforcement of any lien or pledge given by

24  the district in connection with any of the bonds or

25  obligations of the district.

26         Section 52.  Minimum charter requirements.--In

27  accordance with section 189.404(3), Florida Statutes, the

28  following subsections satisfy the minimum charter requirements

29  of the Plantation Acres Improvement District:

30  

31  

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    Florida Senate - 2002        (NP)                      SB 2676
    29-1828A-02                                        See HB 1017




  1         (1)  The district is organized and exists for all

  2  purposes set forth in this act and chapters 189 and 298,

  3  Florida Statutes, as they may be amended from time to time.

  4         (2)  The powers, functions, and duties of the district

  5  regarding ad valorem taxation, bond issuance, other

  6  revenue-raising capabilities, budget preparation and approval,

  7  liens and foreclosure of liens, use of tax deeds and tax

  8  certificates as appropriate for ad valorem taxes, non-ad

  9  valorem assessments, and contractual agreements shall be as

10  set forth in this act and chapters 170, 189, 197, 200, and

11  298, Florida Statutes, or any other applicable general or

12  special law, as they may be amended from time to time.

13         (3)  The district was created by special act of the

14  Legislature in 1982.

15         (4)  The district's charter may be amended only by

16  special act of the Legislature.

17         (5)  In accordance with this act and chapter 189,

18  Florida Statutes, the district is governed by a five-member

19  board elected by the qualified electors in the district. The

20  membership and organization of the board shall be as set forth

21  in this act and chapter 189, Florida Statutes, as they may be

22  amended from time to time.

23         (6)  The compensation of board members shall be

24  governed by this act and chapter 189, Florida Statutes, as

25  they may be amended from time to time.

26         (7)  The administrative duties of the board of

27  supervisors shall be as set forth in this act and chapter 298,

28  Florida Statutes, as they may be amended from time to time.

29         (8)  Requirements for financial disclosure, meeting

30  notices, reporting, public records maintenance, and per diem

31  expenses for officers and employees shall be as set forth in

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    Florida Senate - 2002        (NP)                      SB 2676
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  1  chapters 112, 189, 286, and 298, Florida Statutes, as they may

  2  be amended from time to time.

  3         (9)  The procedures and requirements governing the

  4  issuance of bonds, notes, and other evidence of indebtedness

  5  by the district shall be as set forth in this act and chapter

  6  298, Florida Statutes, and applicable general laws, as they

  7  may be amended from time to time.

  8         (10)  The procedures for conducting district elections

  9  and for qualification of electors shall be pursuant to this

10  act and chapter 189, Florida Statutes, as they may be amended

11  from time to time.

12         (11)  The district may be financed by any method

13  established in this act, chapter 189 or chapter 298, Florida

14  Statutes, and applicable general laws, as they may be amended

15  from time to time.

16         (12)  The methods for collecting ad valorem taxes,

17  non-ad valorem assessments, fees, or service charges shall be

18  as set forth in this act, chapters 170, 197, 200, and 298,

19  Florida Statutes, and other applicable general laws, as they

20  may be amended from time to time.

21         (13)  The district's planning requirements shall be as

22  set forth in this act and chapters 189 and 298, Florida

23  Statutes, as they may be amended from time to time.

24         (14)  The district's geographic boundary limitations

25  shall be as set forth in this act.

26         Section 4.  Construction.--This act shall be construed

27  as remedial and shall be liberally construed to promote the

28  purpose for which it is intended.

29         Section 5.  Effect.--In the event that any part of this

30  act should be held void for any reason, such holding shall not

31  affect any other part thereof.

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    Florida Senate - 2002        (NP)                      SB 2676
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  1         Section 6.  Conflict.--Except as otherwise provided in

  2  this act, in the event of a conflict of the provisions of this

  3  act with the provisions of any other act, the provisions of

  4  this act shall control to the extent of such conflict.

  5         Section 7.  Repeal of prior special acts.--Chapters

  6  67-924, 82-274, 86-355, and 99-426, Laws of Florida, are

  7  repealed.

  8         Section 8.  This act shall take effect upon becoming a

  9  law.

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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