CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  1                                .
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  2                                .
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  3                                .
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  The Committee on Local Government & Veterans Affairs offered

12  the following:

13

14         Amendment 

15  Remove everything after the enacting clause

16

17  and insert:

18         Section 1.  Pursuant to section 189.429, Florida

19  Statutes, this act constitutes the codification of all special

20  acts relating to the Loxahatchee River Environmental Control

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

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

23  the district, including all current legislative enactments and

24  any additional authority granted by this act.

25         Section 2.  Chapters 71-822, 75-475, 76-429, 76-431,

26  78-559, 78-561, 80-577, 86-429, 86-430, 88-506, 90-438, and

27  92-255, Laws of Florida, are codified, reenacted, amended, and

28  repealed as herein provided.

29         Section 3.  The Loxahatchee River Environmental Control

30  District is re-created, and the charter for the district is

31  re-created and reenacted to read:

                                  1

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1         Section 1.  The Loxahatchee River Environmental Control

  2  District was created by chapter 71-822, Laws of Florida, as

  3  amended, and such creation is hereby ratified, confirmed, and

  4  approved. The status of the district is a multicounty

  5  independent special district of the state with a popularly

  6  elected Governing Board. This act may be known and cited as

  7  the "Loxahatchee River Environmental Control District Act."

  8         Section 2.  It is hereby declared to be the intent of

  9  the Legislature that the best interests of public health,

10  safety, and welfare of the area within the boundaries of the

11  Loxahatchee River Environmental Control District necessitates

12  the formation of a separate local agency of government with

13  powers designed to meet the particular needs of said area. It

14  is further the intent of the Legislature that such needs be

15  met in such a way as to cause minimum damage to the area's

16  resources and environment and prevent additional environmental

17  problems from being created, as well as providing solutions to

18  existing problems. Maximum use of existing systems shall be

19  made whenever feasible and consistent with the purpose of this

20  act. It is also the intent of the Legislature that current and

21  long-range planning shall be carried out so that required

22  services are made available at the lowest possible cost as the

23  characteristics of the area change.

24         Section 3.  The Loxahatchee River Environmental Control

25  District, herein referred to as the "district," shall embrace

26  and include the following described lands in Palm Beach and

27  Martin Counties, which include the Town of Jupiter, Jupiter

28  Inlet Colony, Juno Beach, and the Village of Tequesta:

29

30         Beginning at the intersection of the waters of

31         the Atlantic Ocean with the South line of the

                                  2

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1         Blowing Rocks Preserve; thence proceed Westerly

  2         along the Westerly extension of said South line

  3         to the Easterly right-of-way line of the

  4         Intracoastal Waterway; thence Northerly, along

  5         said Easterly right-of-way line to an

  6         intersection with the Easterly extension of the

  7         Northerly Boundary line of the Jonathan

  8         Dickinson State Park; thence Westerly along

  9         said Easterly extension and along said

10         Northerly boundary line to the Northeast corner

11         of Section 33, Township 39 South, Range 42

12         East, Martin County, Florida; run West along

13         the North section line to the Northwest corner

14         of the Northeast Quarter; run south along the

15         quarter line 1650 feet more or less to a point;

16         run East 1320 feet; run South 990 feet to the

17         South line of the Northeast Quarter; run West

18         1320 feet to the Southwest corner of the

19         Northeast Quarter; run South to South section

20         line; run West 660 feet along South section

21         line; run North 2640 feet to North line of

22         Southwest Quarter; run West along quarter line

23         of 1980 feet more or less to the Northwest

24         corner of the Southwest Quarter and West line

25         of Section 33; run South along said line 2640

26         feet more or less to the Southwest section

27         corner; thence Westerly along said Northerly

28         Boundary of Jonathan Dickinson State Park and

29         the South line of Section 32 of said Township

30         to the Southwest corner of said Section 32;

31         thence Southerly, along said Boundary and along

                                  3

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1         the West line of Section 5 and Section 8 of

  2         Township 40 South, Range 42 East, to the

  3         Southwest corner of said Section 8; thence

  4         Westerly, along the North line of Section 18,

  5         Township 40 South, Range 42 East to the

  6         Northwest corner of said Section 18; thence

  7         Southerly along the line between Range 41 East

  8         and Range 42 East, to the Southwest corner of

  9         Section 19, Township 41 South, Range 42 East,

10         Palm Beach County, Florida; thence Easterly

11         along the South line of Sections 19, 20, 21,

12         22, 23, and 24 of Township 41 South, Range 42

13         East to the Southeast corner of said Section

14         24; thence continue Easterly along the South

15         line of Section 19, Township 41 South, Range 43

16         East to the Southwest corner of Section 20,

17         Township 41 South, Range 43 East; thence

18         Northerly, along the West line of said Section

19         20 and the West line of Section 17, to the

20         Northwest corner of the Southwest one quarter

21         of said Section 17; thence Easterly, along the

22         North line of the Southwest one quarter of said

23         Section 17 to an intersection with the Westerly

24         right-of-way line of the Intracoastal Waterway;

25         thence Southerly along said right-of-way line

26         to the South line of said Section 20; thence

27         Easterly along the South line of said Section

28         20 and along the South line of fractional

29         Section 21 of said Township to the waters of

30         the Atlantic Ocean; thence Northerly along said

31         waters to the Point of Beginning.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1

  2         The territorial limits of the Loxahatchee River

  3         Environmental Control District shall also

  4         include the following described lands:

  5

  6         Beginning at the intersection of the waters of

  7         the Atlantic Ocean with the South line of

  8         fractional Section 28, Township 41 South, Range

  9         43 East; thence proceed Westerly along the

10         Westerly extension of said South line to the

11         Easterly right-of-way line of State Road A-1-A

12         (aka Ocean Drive); thence proceed Southerly

13         along the Southerly extension of said Easterly

14         right-of-way line of State Road A-1-A to an

15         intersection with the Easterly right-of-way

16         line of U.S. Highway One; thence proceed

17         Westerly to the Westerly right-of-way line of

18         U.S. Highway One; thence proceed Northerly

19         along said Westerly right-of-way line of U.S.

20         Highway One to an intersection with the South

21         line of said Section 28; thence proceed

22         Westerly along the Westerly extension of the

23         South lines of said Section 28 and Section 29,

24         Township 41 South, Range 43 East, to an

25         intersection with the Westerly right-of-way

26         line of the Intracoastal Waterway; thence

27         Northerly along the Westerly right-of-way line

28         of the Intracoastal Waterway to an intersection

29         with the North line of said Section 29; thence

30         Easterly along the Easterly extension of the

31         North line of said Sections 29 and 28 to the

                                  5

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1         waters of the Atlantic Ocean; thence Southerly

  2         along said waters to the Point of Beginning.

  3

  4         (1)  The territorial limits of the Loxahatchee River

  5  Environmental Control District shall also include the

  6  following described lands, upon the District acquiring

  7  Hydratech Utilities from Hydratech Utilities, Inc., a Florida

  8  corporation, its successors and/or assigns.

  9

10         Beginning at a point located in Section 2,

11         Township 39 South, Range 41 East, Martin

12         County, Florida, which is the intersection of

13         the westerly extension of the north line of the

14         Gomez Grant and the east line of said Section

15         2; thence South 66°32'23" West, a distance of

16         486.43 feet; thence South 23°27'37" East, a

17         distance of 1091.01 feet to a point on the east

18         line of Section 2; thence South 00°34'11" West,

19         a distance of 513.16 feet along the east line

20         of said Section 2 to the southeast corner of

21         Section 2; thence South 89°26'35" East along

22         the north line of said Section 12, a distance

23         of 228.77 feet; thence South 23°27'37" East, a

24         distance of 1085.56 feet to a point on a

25         non-tangent curve concave northwesterly, having

26         a radius of 2011.16 feet; thence Northeasterly

27         along the arc of said curve, a distance of

28         469.50 feet through a central angle of

29         13°22'32", the chord of which bears North

30         60°16'03" East; thence North 53°34'23" East, a

31         distance of 172.36 feet to the beginning of a

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1         curve concave southerly having a radius of

  2         1906.53 feet; thence Northeasterly along the

  3         arc of said curve a distance of 1347.64 feet

  4         through a central angle of 40°30'00"; thence

  5         South 85°55'36" East a distance of 1505.48 feet

  6         to a point on the west line of the east

  7         one-half of the east one-half of Section 12;

  8         thence South along said line to a point on the

  9         south line of Section 12; thence East along the

10         south line of Section 12 to the southeast

11         corner of Section 12, Range 41 East, Township

12         39 South; thence East along the south line of

13         Section 7, Range 42 East, Township 39 South to

14         a point on the west line of the Gomez Grant;

15         thence Southeasterly along the west line of the

16         Gomez Grant to a point on the south line of

17         Section 29; thence Southwesterly along the

18         centerline of the right-of-way of Powerline

19         Road to a point which intersects the south line

20         of the northeast one-quarter of Section 32,

21         Township 39 South, Range 42 East; thence East

22         along the south line of said northeast quarter

23         of Section 32 to a point on the east line of

24         Section 32; thence east along the north line of

25         the southwest quarter of Section 33, a distance

26         of 1980 feet; thence south a distance of 2640

27         feet to the south line of Section 33; thence

28         east along the south line of Section 33 a

29         distance of 660 feet; thence north along the

30         east line of the east line of the southwest

31         quarter of Section 33, a distance of 2640 feet;

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1         thence west 1320 feet to a point; thence north

  2         990 feet to a point; thence west 1320 feet to a

  3         point; thence north along the east line of the

  4         northwest quarter of Section 33, a distance of

  5         1650 feet to the northwest corner of the

  6         northeast quarter of Section 33; thence east

  7         along the south line of Section 28 to the

  8         centerline of S.E. Flora Avenue as now laid out

  9         and in use; thence North 22°33'46" East along

10         said centerline a distance of 395.89 feet to an

11         angle point in said centerline; thence North

12         11°21'55" East continuing along said

13         centerline, a distance of 1051.75 feet to the

14         south line of the Gomez Grant; thence North

15         66°24'43" East along said south line a distance

16         of 2124.11 feet to the east line of said

17         Section 28; thence continuing North 66°25'43"

18         East along the south line of the Gomez Grant to

19         a point on the south line of the Gomez Grant

20         which is 2500 feet west of Federal Highway

21         (U.S. #1); thence northerly along a curvilinear

22         line which is 2500 feet west of and parallel to

23         Federal Highway (U.S. #1) to a point of

24         intersection with the centerline of SR 708

25         (Bridge Road); thence northeasterly along the

26         centerline of SR 708 (Bridge Road), as now laid

27         out and in use, to the east line of the

28         Intracoastal Waterway; thence northwesterly

29         along the east line of the Intracoastal

30         Waterway to a point lying in Section 33,

31         Township 38 south, Range 42 East, which point

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1         intersects the easterly extension of the north

  2         line of the Gomez Grant; thence westerly along

  3         the north line of the Gomez Grant and its

  4         westerly extension to the point and place of

  5         beginning in Section 2, Township 39 South,

  6         Range 41 East.

  7

  8         Section 4.  The governing body of the district herein

  9  created shall consist of a Board of five members, who shall be

10  qualified electors residing within said district. They shall

11  be known and designated as the "Governing Board of the

12  Loxahatchee River Environmental Control District."

13         (1)  Board areas.--The Board shall divide the area of

14  the district into five separate areas. Each area shall have

15  approximately equal population according to the latest

16  official decennial census. One Board member shall be elected

17  from each numbered area by the electors in the total district.

18  Each Board member shall be a resident of the area in which he

19  or she is elected.

20         (2)  Election code.--In accordance with section

21  189.405(3)(a), Florida Statutes, elections for the purpose of

22  electing members to the Board shall conform to the Florida

23  Election Code, chapters 97-106, Florida Statutes.

24         (3)  Term of office.--All Governing Board members

25  elected by qualified electors shall have terms of 4 years.

26  Board members from areas one and two are elected beginning

27  with the 2000 General Election, and Board members from areas

28  three, four, and five are elected beginning with the 2002

29  General Election, in accordance with section 100.031, Florida

30  Statutes.

31         (4)  Vacancy.--In the event of a vacancy occurring in

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  the office of a Board member, the procedure to fill the

  2  vacancy shall conform to the Florida Election Code, chapters

  3  97-106, Florida Statutes.

  4         (5)  Officers.--The Governing Board shall choose a

  5  secretary and a treasurer, and both offices may be held by the

  6  same person. The office of the treasurer and the office of

  7  secretary of the district may, however, be filled by a Board

  8  member or some other person appointed by the Governing Board.

  9  At least once each year the Board shall cause the books and

10  accounts of the district to be thoroughly audited by a

11  competent and reliable accountant or auditor. No person in the

12  service of or employed by the district within 1 year prior to

13  such audit shall be employed for said purpose.

14         (6)  Board records.--The Board members shall cause true

15  and accurate minutes and records to be kept of all business

16  transacted by them and shall keep full, true, and complete

17  books of account. Minutes, records, and books of accounts

18  shall at all reasonable times be open and subject to the

19  inspection of the public, and any person desiring so to do may

20  make or procure copies of such minutes, records, and books, or

21  of such portions thereof as he or she may desire.

22         (7)  Public meetings.--The Board shall meet at least

23  quarterly, in public meetings, at the call of the member

24  elected chair by the membership, or by written call of a

25  quorum of three members.

26         (8)  Quorum.--A quorum of not less than three Board

27  members shall be required to hold a meeting and conduct

28  business.

29         (9)  Board action.--An affirmative vote by at least

30  three Board members shall be required for action of the Board

31  to become official.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1         (10)  Compensation.--Members shall serve with

  2  compensation in the amount of $100 per month per member, and

  3  shall be entitled to per diem and travel expenses as provided

  4  by section 112.061, Florida Statutes.

  5         (11)  Indemnification.--Every Board member and every

  6  officer of the district shall be indemnified by the district

  7  against all expenses and liabilities, including counsel fees,

  8  reasonably incurred by or imposed upon him or her in

  9  connection with any proceeding or any settlement of any

10  proceeding to which he or she may be a party or in which he or

11  she may become involved by reason of his or her being or

12  having been a Board member or officer of the district, whether

13  or not he or she is a Board member or officer at the time such

14  expenses are incurred, except when the Board member or officer

15  is adjudged guilty of willful misfeasance or malfeasance in

16  the performance of his or her duties, provided that in the

17  event of a settlement the indemnification shall apply only

18  when the Board approves such settlement and reimbursement as

19  being for the best interests of the district. The foregoing

20  right of indemnification shall be in addition to and not

21  exclusive of all other rights to which such Board members or

22  officers may be entitled.

23         (12)  Removal.--Any member of the Board may be removed

24  from office by the electors of the district by the following

25  procedure:

26         (a)  A petition shall be prepared which contains a

27  statement of the charges against the member and the signatures

28  of at least 10 percent of the qualified electors within the

29  district voting in the most recent district election or 5

30  percent of the registered district voters, whichever is

31  greater.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1         (b)  The petition shall be filed with the Board which

  2  shall submit the petition to the supervisors of elections of

  3  the counties within the district for verification of

  4  signatures. Upon receipt of certification by the supervisors

  5  of elections that the petition contains at least 10 percent of

  6  qualified electors within the district voting in the most

  7  recent district election, or 5 percent of the registered

  8  district voters, whichever is greater, the Board shall fix a

  9  day for holding a recall election to be held not less than 30

10  days nor more than 60 days from the receipt of such

11  certification.

12         (c)  If a majority of the votes cast in a recall

13  election is in favor of removal of a member of the Board, the

14  member shall be deemed removed from office upon the

15  announcement of the official canvass of the election and the

16  vacancy shall be filled in the manner provided in subsection

17  (4).

18         Section 5.  As used in this act, and unless the context

19  otherwise indicates:

20         (1)  "Board" means the Governing Board of the district

21  herein created.

22         (2)  "Storm drainage system" means any real estate,

23  facility, or property, including pipe, ditches, pumps, or

24  canals, siphons, or structures and appurtenances and

25  additions, extensions, and improvements within the

26  geographical boundaries of the territory of the district made

27  thereto for the purpose of discharge of surface runoff or

28  storm drainage into the Loxahatchee River or tributaries

29  leading directly thereto.

30         (3)  "Revenue bonds" means bonds or other obligations

31  secured by and payable from the revenues derived from rates,

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  fees, and charges collected by the district from the users of

  2  the facilities of any water system, sewer system, or solid

  3  waste system, or combinations of said systems, and which may

  4  be additionally secured by a pledge of the proceeds of special

  5  assessments levied against benefited property or by a pledge

  6  of the full faith and credit of the district, or both.

  7         (4)  "General obligation bonds" means bonds or other

  8  obligations secured by the full faith and credit and taxing

  9  power of the district and payable from ad valorem taxes levied

10  and collected on all taxable property in the district, without

11  limitation of rate or amount, and may be additionally secured

12  by the pledge of either or both the proceeds of special

13  assessments levied against benefited property, or revenues

14  derived from said water system, sewer system, or solid waste

15  system, or combinations of said systems.

16         (5)  "Assessment bonds" means bonds or other

17  obligations secured by and payable from special assessments

18  levied against benefited lands, and which may be additionally

19  secured by a pledge of the full faith and credit of the

20  district.

21         (6)  "System" means a water system, sewer system, or

22  water and sewer system; a system for the collection,

23  treatment, and disposal of solid waste; a storm and surface

24  drainage system; or a combination thereof.

25         (7)  "Water system" means real estate, attachments,

26  fixtures, impounded water, water mains, laterals, valves,

27  meters, plants, wells, pipes, tanks, reservoirs, systems,

28  facilities, or other property real or personal, used or useful

29  or having the present capacity for future use in connection

30  with the obtaining, treating, supplying, distributing, and

31  selling of water to the public for human consumption by

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  business or industry, and without limiting the generality of

  2  the foregoing definition shall embrace all necessary

  3  appurtenances and equipment and shall include all property,

  4  rights, easements, and franchises relating to any such system

  5  and deemed necessary or convenient for the operation thereof,

  6  but shall not include property used solely for or principally

  7  in connection with the business of bottling, selling,

  8  distributing, or furnishing bottled water, nor water systems

  9  utilized by manufacturing plants primarily for the purpose of

10  providing water in connection with its manufacturing

11  operations.

12         (8)  "Sewer system" means any plant, facility, or

13  property, and additions, extensions, and improvements thereto

14  at any future time constructed or acquired as part thereof,

15  useful or necessary, or having the present capacity for future

16  use in connection with the collection, treatment,

17  purification, or disposal of sewage of any nature or

18  originating from any source, including industrial wastes

19  resulting from any processes of industry, manufacture, trade,

20  or business, or from the development of any natural resources;

21  and without limiting the generality of the foregoing

22  definition, shall include treatment plants, pumping stations,

23  lift stations, valves, force mains, intercepting sewers,

24  laterals, pressure lines, mains, and all necessary

25  appurtenances and equipment; all sewer mains and laterals for

26  the reception and collection of sewage from premises connected

27  therewith; and shall include all real and personal property

28  and any interest therein, rights, easements, and franchises of

29  nature whatsoever relating to any such sewer system and

30  necessary or convenient for the operation thereof.

31         (9)  "Cost" as applied to the acquisition and

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  construction of a system or extensions, additions, or

  2  improvements thereto means the cost of construction or

  3  reconstruction, acquisition or purchase; the cost of labor,

  4  materials, machinery, and equipment; the cost of all lands and

  5  interests therein, property rights, easements, and franchises

  6  of any nature whatsoever, financing charges, interest prior to

  7  and during construction and for not more than 2 years after

  8  completion of the construction or acquisition of such system

  9  or extensions, additions, or improvements thereto; the

10  creation of initial reserve or debt service funds, bond

11  discount; the cost of plans and specifications, surveys, and

12  estimates of costs and revenues; the cost of engineering,

13  financial, and legal services; and all other expenses

14  necessary or incidental in determining the feasibility or

15  practicability of such construction, reconstruction, or

16  acquisition, including administrative expenses and such other

17  expenses as may be necessary or incidental to the financing

18  authorized by this act, and including reimbursement of a

19  public entity for any moneys advanced in connection with any

20  of the foregoing items of cost.

21         (10)  "Assessable improvements" means that portion or

22  portions of the cost of a system of a local nature and of

23  benefit to the premises or lands served thereby, and

24  particularly with reference to a sewer and water system,

25  including, but not limited to, laterals and mains for the

26  production, treatment, and distribution of water; the

27  collection and reception of sewage from premises connected

28  therewith, local or auxiliary pumping or lift stations,

29  treatment plants, or disposal plants, and other appurtenant

30  facilities and equipment for the collection, treatment, and

31  disposal of sewage; the production, treatment, and

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  distribution of water; together with operating and incidental

  2  equipment and appurtenances necessary therefor.

  3         (11)  "Assessment" means fees, penalties, and other

  4  charges made by the district to meet its operating cost and

  5  debt service requirements for the purpose of this act.

  6         (12)  "Department" means all applicable state agencies

  7  and departments.

  8         Section 6.  In order to effectuate the purposes of this

  9  act, the district acting through the Board shall have the

10  power:

11         (1)  To employ and set the compensation of a director

12  who shall serve at its pleasure. Within available funds, the

13  director may employ and set the compensation of professional,

14  technical, legal, and clerical staff as may be necessary, and

15  may remove these personnel. The director, with the consent of

16  the Board, may acquire the services of consultants and enter

17  into contracts on behalf of the Board.

18         (2)  To develop a master plan, to construct, install,

19  erect, and acquire by purchase or condemnation in accordance

20  with the provisions of chapters 73 and 74, Florida Statutes,

21  and to improve, enlarge, reconstruct, maintain, repair,

22  operate, and regulate a system.

23         (3)  To construct, acquire, and operate water systems

24  and sewer systems separately or as a system.

25         (4)  To enter on any land, waters, or premises located

26  within the district, in order to carry out the purposes of

27  this act.

28         (5)  To provide for all surveys and for preparation of

29  plans, specifications, and estimates in connection with the

30  construction of a system, or for studies to determine the

31  feasibility of acquiring existing municipal or private

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  systems.

  2         (6)  To enter into contracts with the government of the

  3  United States, or any other department or subdivision of the

  4  state, or with any municipality, private corporation,

  5  partnership, association, or person providing for or relating

  6  to the furnishing of water, the disposal of wastes and sewage,

  7  and for other purposes necessary and proper to effectuate this

  8  act.

  9         (7)  To accept from any governmental agency grants,

10  donations, or loans to provide aid for the planning,

11  construction, reconstruction, or financing of any system; and

12  to accept grants or donations from any other source of money,

13  property, labor, or other things of value, to be held, used,

14  and applied only for the purposes for which such grants or

15  donations may be made.

16         (8)  To enter into contracts with property owners or

17  developers or building contractors who plan to erect buildings

18  or other improvements within platted subdivisions or other

19  property, under which such persons shall install, at their

20  expense, laterals, lines, and equipment, intercepting trunk,

21  main, and lateral sewers, the location, material, size, and

22  type of which shall be installed strictly in accordance with

23  such specifications as required by the Board who shall connect

24  with a sanitary system constructed or owned by the authority;

25  which such mains, laterals, lines, and equipment, intercepting

26  trunk, main, and lateral sewers shall become the property of

27  the district upon such terms and conditions as provided by the

28  contract.

29         (9)  To set and collect reasonable fees and other

30  charges for the services and facilities furnished by any

31  system owned or operated by the district, for making

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  connections and use of same, and to enforce penalties for

  2  delinquency in the payment as hereinafter provided.

  3         (a)1.  The Governing Board of the district shall, in

  4  the resolution providing for the issuance of either water

  5  revenue bonds or sewer revenue bonds, or both, fix the initial

  6  schedule of rates, fees, and other charges for the use of and

  7  for the services furnished or to be furnished by the

  8  facilities, to be paid by the owner, tenant, or occupant of

  9  each lot or parcel of land which may be connected with and use

10  any such facility by or through any part of the water system

11  of the district.

12         2.  After the system or systems shall have been in

13  operation, the Governing Board of the district may revise such

14  schedule of rates, fees, and charges, which shall be so fixed

15  and revised as to provide funds, with other funds available

16  for such purposes, sufficient at all times to pay the cost of

17  maintaining, repairing, and operating the system or systems,

18  including the reserves for such purposes and for replacements

19  and depreciation and necessary extensions, to pay the

20  principal of and the interest on the water revenue bonds

21  and/or sewer revenue bonds as the same shall become due and

22  the reserve therefor, and to provide a margin of safety for

23  making such payments. The Governing Board of the district

24  shall charge and collect the rates, fees, and charges so fixed

25  or revised and such rates, fees, and charges shall not be

26  subject to supervision or regulation by any commission, board,

27  bureau, or agency of the county or of the state or any

28  sanitary district.

29         3.  Such rates, fees, and charges shall be just and

30  equitable and may be based or computed upon the quantity of

31  water consumed and/or upon the number and size of sewer

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  connections or upon the number and kind of plumbing fixtures

  2  in use in the premises connected with the sewer system or upon

  3  the number or average number of persons residing or working in

  4  or otherwise connected with such premises or upon any other

  5  factor affecting the use of the facilities furnished or upon

  6  any combination of the foregoing factors.

  7         4.  In cases where the amount of water furnished to any

  8  building or premises is such that it imposes an unreasonable

  9  burden upon the water supply system, an additional charge may

10  be made therefor or the Governing Board of the district may,

11  if it deems advisable, compel the owners or occupants of such

12  building or premises to reduce the amount of water consumed

13  thereon in a manner to be specified by the Governing Board of

14  the district or the Governing Board of the district may refuse

15  to furnish water to such building or premises.

16         5.  In cases where the character of the sewage from any

17  manufacturing or industrial plant or any building or premises

18  is such that it imposes an unreasonable burden upon any sewage

19  disposal system, an additional charge may be made therefor, or

20  the Governing Board of the district may, if it deems it

21  advisable, compel such manufacturing or industrial plant or

22  such building or premises to treat such sewage in such manner

23  as shall be specified by the Governing Board of the district

24  before discharging such sewage into any sewer lines owned or

25  maintained by the district.

26         (b)  The Governing Board of the district may charge any

27  owner or occupant of any building or premises receiving the

28  services of the facilities herein provided such initial

29  installation or connection charge or fee as the district may

30  determine to be just and reasonable.

31         (c)1.  No rates, fees, or charges shall be fixed under

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  the foregoing provisions of this section until after a public

  2  hearing at which all of the users of the facilities provided

  3  by this chapter and owners, tenants, and occupants of property

  4  served or to be served thereby and all others interested shall

  5  have an opportunity to be heard concerning the proposed rates,

  6  fees, and charges. After the adoption by the Governing Board

  7  of the district of a resolution setting forth the preliminary

  8  schedule or schedules fixing and classifying such rates, fees,

  9  and charges, notice of such public hearing setting forth the

10  schedule or schedules of rates, fees, and charges shall be

11  given by one publication in a newspaper published in Palm

12  Beach County and by one publication in a newspaper published

13  in Martin County at least 10 days before the date fixed in

14  said notice for the hearing, which said hearing may be

15  adjourned from time to time. After such hearing such

16  preliminary schedule or schedules, either as originally

17  adopted or as modified or amended, shall be adopted and put

18  into effect and thereupon the resolution providing for the

19  issuance of water revenue bonds and/or sewer revenue bonds may

20  be finally adopted.

21         2.  A copy of the schedule or schedules of such rates,

22  fees, and charges finally fixed in such resolution shall be

23  kept on file in the office of the district and shall be open

24  to inspection by all parties interested. The rates, fees, or

25  charges so fixed for any class of users or property served

26  shall be extended to cover any additional property thereafter

27  served which falls within the same class without the necessity

28  of a hearing or notice.

29         3.  Any change or revision of any rates, fees, or

30  charges may be made in the same manner as such rates, fees, or

31  charges were originally established as hereinabove provided,

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  but if such change or revision be made substantially pro rata

  2  as to all classes of service, no notice or hearing shall be

  3  required.

  4         (d)  Upon the construction of a sewage disposal system

  5  and the financing of such construction by the issuance of

  6  sewer revenue bonds under the provisions of this chapter, the

  7  owner, tenant, or occupant of each lot or parcel of land

  8  within the county which abuts upon a street or other public

  9  way containing a sanitary sewer served or which may be served

10  by such disposal system and upon which lot or parcel a

11  building shall have been constructed for residential,

12  commercial, recreational, and all other uses and which lot or

13  parcel shall not already be served by, or have available to it

14  for service, a sanitary sewer, shall, if so required by the

15  rules and regulations thereof, connect such building with such

16  sanitary sewer and shall cease to use any other method for the

17  disposal of sewage, sewage water, or other polluting matter.

18  All such connections shall be made in accordance with rules

19  and regulations which shall be adopted from time to time by

20  the Governing Board of the district.

21         (e)  The Governing Board of the district may provide in

22  the resolution authorizing the issuance of water revenue bonds

23  or sewer revenue bonds under the provisions of this chapter

24  that the charges for the services furnished by any facility

25  constructed or reconstructed by the district under the

26  provisions of this act shall be included in single bills to be

27  rendered for all the services furnished to the premises, and

28  that if the amount of such charges so included shall not be

29  paid within 30 days from the rendition of any bill, the

30  Governing Board of the district shall discontinue furnishing

31  water to such premises and shall disconnect the same from the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  water supply system of the district. Any such resolution may

  2  include any or all of the following provisions, and may permit

  3  the Governing Board of the district to adopt such resolution

  4  or take such other lawful action as shall be necessary to

  5  effectuate such provisions, and the Governing Board of the

  6  district is hereby authorized to adopt such resolutions and to

  7  take such other action:

  8         1.  The district may require the owner, tenant, or

  9  occupant of each lot or parcel of land within the district who

10  is obligated to pay the rates, fees, or charges for the

11  services furnished by any facility purchased, constructed, or

12  reconstructed by the district under the provisions of this

13  chapter to make a reasonable deposit with the Governing Board

14  of the district in advance to ensure the payment of such

15  rates, fees, or charges and to be subject to application to

16  and payment thereof if and when delinquent.

17         2.  If any rates, fees, or charges for the use and

18  services of any sewage disposal system or sewer improvements

19  by or in connection with any premises not served by the

20  waterworks system of the district shall not be paid within 30

21  days after the same shall become due and payable, the owner,

22  tenant, or occupant of such premises shall cease to dispose of

23  sewage or industrial waste originating from or on said

24  premises by discharge thereof directly or indirectly into the

25  sewer system of the district until such rates, fees, or

26  charges with interest shall be paid; that if such owner,

27  tenant, or occupant shall not cease such disposal at the

28  expiration of such 30-day period it shall be the duty of any

29  district, private corporation, board, body, or person

30  supplying water to or selling water for use on such premises

31  within 5 days after the receipt of notice of such delinquency

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  from the district; and that if such district, private

  2  corporation, board, body, or person shall not, at the

  3  expiration of such 5-day period, cease supplying water to or

  4  selling water for use on such premises, then the district may,

  5  unless it has theretofore contracted to the contrary, shut off

  6  the supply of water to such premises.

  7         (f)  All revenues derived from any water supply system,

  8  water system improvement, sewage disposal system, or sewer

  9  improvements for either of which a single issue of water

10  revenue bonds or sewer revenue bonds shall be issued, except

11  such part thereof as may be required to pay the cost of

12  maintaining, repairing, and operating such system or systems

13  and to provide reserves therefor as may be provided in the

14  resolution authorizing the issuance of such water revenue

15  bonds or sewer revenue bonds, shall be set aside at such

16  regular intervals as may be provided in such resolution and

17  deposited for the credit of the following separate funds for

18  the following purposes:

19         1.  Sinking fund for the payment of interest on and the

20  principal of such water revenue bonds and/or sewer revenue

21  bonds as the same shall become due, necessary charges of

22  paying agents for the paying of such interest and principal,

23  and any premium upon bonds retired by call or purchase before

24  their maturity or respective maturities, including the

25  accumulation of reserves for such purposes.

26         2.  A fund for anticipated renewals and replacements

27  and extraordinary repairs.

28         3.  The use and disposition of moneys to the credit of

29  such sinking fund shall be subject to such regulations as may

30  be provided in the resolution authorizing the issuance of the

31  water revenue bonds and/or sewer revenue bonds and, except as

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  may otherwise be provided in such resolution, such sinking

  2  fund shall be a fund for the benefit of all bonds without

  3  distinction or priority of one over the other.

  4         (g)  The Governing Board of the district shall, at the

  5  close of each fiscal year, make or cause to be made a

  6  comprehensive report of its operations of the water supply

  7  system or systems and sewage disposal system or systems under

  8  its control during the preceding fiscal year, including all

  9  matters relating to rates, revenues, expenses for maintenance,

10  repair, and operation and replacements and extensions,

11  principal and interest retirements, and the status of all

12  funds, and there shall be set forth in such report the budget

13  recommended by the commission for the current fiscal year. A

14  copy of such annual report shall be filed with the district

15  office and shall be open to the inspection of all interested

16  persons. Any surplus of the gross revenues remaining at the

17  end of any fiscal year after making the required deposits for

18  the credit of the separate funds set forth above, and not

19  appropriated in the budget for the then current fiscal year,

20  shall be paid into the sinking fund.

21         (h)  All moneys received pursuant to the authority of

22  this act shall be deemed to be trust funds, to be held and

23  applied solely as provided in this act. The resolution

24  authorizing the issuance of bonds shall provide that any

25  officer to whom, or any bank, trust company, or other fiscal

26  agent to which such moneys shall be paid shall act as trustee

27  of such moneys and shall hold and apply the same for the

28  purposes hereof, subject to such regulations as this act and

29  such resolution may provide.

30         (i)  Any holder of bonds issued under the provisions of

31  this act or any of the coupons appertaining thereto, except to

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  the extent the rights herein given may be restricted by the

  2  resolution authorizing the issuance of such bonds, may, either

  3  at law or in equity, by suit, mandamus, or other proceeding,

  4  protect and enforce any and all rights under the laws of

  5  Florida or granted hereunder or under such resolution, and may

  6  enforce and compel the performance of all duties required by

  7  this act or by such resolution to be performed by the district

  8  or by the Governing Board of the district, including the

  9  fixing, charging, and collecting of rates, fees, and charges

10  for services and facilities furnished by the water supply

11  system, water system improvement, sewage disposal system, or

12  sewer improvements and the levying and collecting of any

13  special assessments.

14         (j)  The Governing Board of the district is hereby

15  authorized to provide by resolution for the issuance of water

16  revenue refunding bonds of the district for the purpose of

17  refunding any water revenue bonds then outstanding and issued

18  under the provisions of this act. The Governing Board of the

19  district is further authorized to provide by resolution for

20  the issuance of water revenue bonds of the district for

21  combined purposes:

22         1.  Paying the cost of any extension, addition, or

23  reconstruction of a water supply system or systems or water

24  system improvements or the cost of a new water supply system

25  or systems or water system improvements.

26         2.  Refunding such water revenue bonds of the district

27  which shall theretofore have been issued under the provisions

28  of this act and shall then be outstanding and which then shall

29  have matured or be subject to redemption or can be acquired

30  for retirement. The issuance of such bonds, the maturities and

31  other details thereof, the rights and remedies of holders

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  thereof, and the rights, power, privileges, duties, and

  2  obligations of the district or of the Governing Board of the

  3  district with respect to the same shall be governed by the

  4  foregoing provisions of this act insofar as the same may be

  5  applicable.

  6         (k)  The Governing Board of the district is hereby

  7  authorized to provide by resolution for the issuance of sewer

  8  revenue refunding bonds of the district for the purpose of

  9  refunding any sewer revenue bonds then outstanding and issued

10  under the provisions of this act. The Governing Board of the

11  district is further authorized to provide by resolution for

12  the issuance of sewer revenue bonds of the district for the

13  combined purposes of:

14         1.  Paying the cost of any extension, addition, or

15  reconstruction of a sewage disposal system or systems or sewer

16  improvements or the cost of a new sewage disposal system or

17  systems or sewer improvements.

18         2.  Refunding such sewer revenue bonds of the district

19  which shall theretofore have been issued under the provisions

20  of this act and shall then be outstanding and which then shall

21  have matured or be subject to redemption or can be acquired

22  for retirement. The issuance of such bonds, the maturities and

23  other details thereof, the rights and remedies of holders

24  thereof, and the rights, powers, privileges, duties, and

25  obligations of the district or of the Governing Board of the

26  district with respect to the same shall be governed by the

27  foregoing provisions of this act insofar as the same may be

28  applicable.

29         (10)  To prohibit the use and maintenance of outhouses,

30  privies, cesspools, and septic tanks, or similar devices as

31  the Board may direct and to compel owners of buildings,

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  structures, and boat marinas to connect with, and use, the

  2  system or systems of the district or other private or

  3  municipal system or systems within the district.

  4         (11)  To contract with the government of the United

  5  States, or any other department or subdivision of the state,

  6  or with any municipality, private corporation, partnership,

  7  association, or person to receive or dispose of wastes, or to

  8  collect, treat, or dispose of sewage; to purchase or sell

  9  water or, by contract, to arrange for the collection of

10  charges made by the Board; and to enforce payment by shutting

11  off and discontinuing service.

12         (12)  To levy special assessments against properties

13  adjoining or in close proximity to sewer and water lines of

14  the district, which would be specifically benefited by the

15  construction, acquisition, extension, and operation thereof

16  which the system is designed to serve, provided that such

17  assessments shall not exceed the cost of the assessable

18  improvements constructed.

19         (a)  The district may provide for the construction or

20  reconstruction of a facility and for the levying of special

21  assessments upon benefited property under the provisions of

22  this section. The initial proceeding hereunder shall be the

23  passage at any lawful meeting of the Governing Board of a

24  resolution ordering the construction or reconstruction of such

25  facility under and subject to the provisions of this section,

26  indicating the location by terminal points and route and

27  either giving a description of the improvement by its

28  material, nature, character, and size or giving two or more

29  such descriptions with the direction that the material,

30  nature, character, and size shall be subsequently determined

31  in conformity with one of such descriptions. Water system

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  improvements or sewer improvements need not be continuous and

  2  may be in more than one locality or street. The resolution

  3  ordering any such improvement may give any short and

  4  convenient designation to each improvement ordered thereby,

  5  after which it shall be sufficient to refer to such

  6  improvement and property by such designation in all

  7  proceedings and assessments, except in the notices provided

  8  for in paragraphs (c) and (d).

  9         (b)1.  As soon as may be practicable after the passage

10  of such resolution, the engineer for the district shall

11  prepare in duplicate plans and specifications of each

12  improvement ordered thereby and an estimate of the cost

13  thereof. Such cost may include, in addition to the items of

14  cost set forth in section 5(6) the cost of relaying streets

15  and sidewalks necessarily torn up or damaged and shall include

16  the following items of incidental expense:

17         a.  Printing and publishing of notices and proceedings.

18         b.  Any other expense necessary or proper in conducting

19  the proceedings and work provided for in this section.

20         2.  If the resolution shall provide alternative

21  descriptions of material, nature, character, and size, such

22  estimate shall include an estimate of the cost of the

23  improvement of each such description.

24         3.  The engineer shall also prepare in duplicate a

25  tentative apportionment of the estimated cost as between the

26  district and each lot or parcel of land subject to special

27  assessment under the resolution, such apportionment to be made

28  in accordance with the provisions of the resolution and the

29  provisions of paragraph (f) in relation to apportionment of

30  cost in the preliminary assessment roll. Such tentative

31  apportionment of estimated cost shall not be held to limit or

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  restrict the duties of the engineer in the preparation of such

  2  preliminary assessment roll. One of the duplicates of such

  3  plans, specifications, and estimate and such tentative

  4  apportionment shall be filed with the secretary of the

  5  Governing Board and the other duplicate shall be retained by

  6  the engineer in his or her files, all thereof to remain open

  7  to public inspection.

  8         (c)  The Governing Board, upon the filing with it of

  9  such plans, specifications, estimate, and tentative

10  apportionment of cost, shall publish once in a newspaper

11  published in Martin County and once in a newspaper published

12  in Palm Beach County a notice stating that at a regular

13  meeting of the Governing Board on a certain day and hour, not

14  earlier than 10 days from such publication, the Governing

15  Board will hear objections of all interested persons to the

16  confirmation of such resolution, which notice shall state in

17  brief and general terms a description of the proposed

18  improvement with the location thereof and shall also state

19  that plans, specifications, estimate, and tentative

20  apportionment of cost thereof are on file in the office of the

21  district. The Governing Board shall keep a record in which

22  shall be inscribed, at the request of any person, firm, or

23  corporation having or claiming to have an interest in any lot

24  or parcel of land, the name and post office address of such

25  person, firm, or corporation, together with a brief

26  description or designation of such lot or parcel, and it shall

27  be the duty of the Governing Board to mail a copy of such

28  notice to such person, firm, or corporation at such address,

29  at least 10 days before the time for the hearing as stated in

30  such notice, but the failure of the Governing Board to keep

31  such record or so to inscribe any name or address or to mail

                                  29

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  any such notice shall not constitute a valid objection to

  2  holding the hearing as provided in this section or to any

  3  other action taken under the authority of this section.

  4         (d)  At the time named in such notice, or to which an

  5  adjournment may be taken by the Governing Board, the Governing

  6  Board shall receive any objections of interested persons and

  7  may then or thereafter repeal or confirm such resolution with

  8  such amendments, if any, as may be desired by the Governing

  9  Board and which do not cause any additional property to be

10  specially assessed.

11         (e)  All objections to any such resolution on the

12  grounds that it contains items which cannot be properly

13  assessed against property, or that it is, for any default or

14  defect in the passage or character of the resolution or the

15  plans and specifications or estimate, void or voidable in

16  whole or in part, or that it exceeds the power of the

17  Governing Board, shall be made in writing, in person or by

18  attorney, and filed with the Governing Board at or before the

19  time or adjourned time of such hearing. Any objections against

20  the making of any improvement not so made shall be considered

21  as waived, and if an objection shall be made and overruled or

22  shall not be sustained, the confirmation of the resolution

23  shall be the final adjudication of the issues presented unless

24  proper steps shall be taken in a court of competent

25  jurisdiction to secure relief.

26         (f)  Promptly after the completion of the work, the

27  engineer for the district shall prepare a preliminary

28  assessment roll and file same with the secretary of the

29  Governing Board, which roll shall contain the following:

30         1.  A description of the lots and parcels of land

31  within the district, which shall include all lots and parcels

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  which abut upon the sides of that part of any street in which

  2  a water supply system, water system improvement, or sanitary

  3  sewer, except a curb sewer, is to be constructed or

  4  reconstructed, all lots and parcels which abut upon the side

  5  or sides of any street in or along which side or sides a

  6  sanitary curb sewer shall have been constructed or

  7  reconstructed, and all lots and parcels which are served or

  8  are to be served by such water supply system, water system

  9  improvement, or sanitary sewer. Such lots and parcels shall

10  include all property, whether publicly or privately owned.

11  There may also be given, in the discretion of the engineer,

12  the name of the owner of record of each lot or parcel, where

13  practicable, and in all cases there shall be given a statement

14  of the number of feet of property so abutting, which number of

15  feet shall be known as frontage.

16         2.  The total cost of the improvement, and the amount

17  of incidental expense.

18         3.  An apportionment as between the district and the

19  property included in the preliminary assessment roll of the

20  cost of each improvement, including incidental expense, to be

21  computed as follows:

22         a.  To each lot or parcel of land, to the property or

23  curb line of which a water supply lateral or sanitary sewer

24  lateral shall have been laid, shall be apportioned the cost of

25  such lateral or laterals.

26         b.  To abutting property shall be apportioned according

27  to frontage, or any other method being deemed equitable by the

28  Governing Board, all or any part of the cost of such water

29  system improvements or sewer improvements as may be fixed by

30  resolution ordering the improvements.

31         c.  To the district shall be apportioned the remaining

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  costs of the water system improvements or sewer improvements,

  2  unless all of such costs shall be apportioned to the abutting

  3  property. However, in the case of lots or parcels which abut

  4  on more than one street or which are served or are to be

  5  served by such water system improvements or sewer improvements

  6  although not abutting on either side of the street in which

  7  such improvement is constructed, the apportionment shall be

  8  made under such rules and regulations as the Governing Board

  9  shall deem to be fair and equitable.

10         (g)  The preliminary assessment roll shall be advisory

11  only and shall be subject to the action of the Governing Board

12  as hereinafter provided. Upon the filing with the Governing

13  Board of the preliminary assessment roll, the Governing Board

14  shall publish once in a newspaper published in Martin County

15  and once in a newspaper published in Palm Beach County a

16  notice stating that at a meeting of the Governing Board to be

17  held on a certain day and hour, not less than 12 days from the

18  date of such publication, which meeting may be a regular,

19  adjourned, or special meeting, all interested persons may

20  appear and file written objections to the confirmation of such

21  roll. Such notice shall state the class of the improvement and

22  the location thereof by terminal points and route. Such

23  meeting of the commission shall be the first regular meeting

24  following the completion of the notice hereinabove required,

25  unless the Governing Board shall have provided for a special

26  meeting for such purpose.

27         (h)  At the time and place stated in such notice the

28  Governing Board shall meet and receive the objections in

29  writing of all interested persons as stated in such notice.

30  The Governing Board may adjourn the hearing from time to time.

31  After completion thereof, the Governing Board shall either

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  annul, sustain, or modify in whole or in part the prima facie

  2  assessment as indicated on such roll, either by confirming the

  3  prima facie assessment against any and all lots or parcels

  4  described therein, or by canceling, increasing, or reducing

  5  the same, according to the special benefits which the

  6  Governing Board decides each such lot or parcel has received

  7  or will receive on account of such improvement. If any

  8  property which may be chargeable under this section shall have

  9  been omitted from the preliminary roll or if the prima facie

10  assessment shall not have been made against it, the Governing

11  Board may place on such roll an apportionment to such

12  property. The Governing Board shall not confirm any assessment

13  in excess of the special benefits to the property assessed,

14  and the assessments so confirmed shall be in proportion to the

15  special benefits. Forthwith after such confirmation, such

16  assessment roll shall be delivered to the county property

17  appraisers of Martin County and Palm Beach County for the

18  properties contained within their respective counties. The

19  assessment so made shall be final and conclusive as to each

20  lot or parcel assessed unless proper steps be taken in a court

21  of competent jurisdiction to secure relief. If the assessment

22  against any property shall be sustained, reduced, or abated by

23  the court, the property appraiser shall note that fact on the

24  assessment roll opposite the description of the property

25  affected thereby. The amount of the special assessment against

26  any lot or parcel which may be abated by the court, unless the

27  assessment upon the entire district is abated, or the amount

28  by which such assessment is so reduced, may be, by resolution

29  of the Governing Board, made chargeable against the district

30  at large; or, in the discretion of the Governing Board, a new

31  assessment roll may be prepared and confirmed in the manner

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  hereinabove provided for the preparation and confirmation of

  2  the original assessment roll.

  3         (i)  Any assessment may be paid at the Office of the

  4  Martin County Tax Collector for property within Martin County,

  5  and the Office of the Palm Beach County Tax Collector for

  6  property within Palm Beach County within 30 days after the

  7  confirmation thereof, without interest. Thereafter all

  8  assessments shall be payable in equal annual installments,

  9  with interest not exceeding 8 percent per annum from the

10  expiration of said 30 days in each of the succeeding 40

11  calendar years at the time or times in each year at which

12  general county taxes are payable, provided, however, that the

13  Governing Board may by resolution fix a shorter period of

14  payment for any assessment, and provided, further, that any

15  assessment may be paid at any time before due, together with

16  interest accrued thereon to the date of payment.

17         (j)  All assessments shall constitute a lien upon the

18  property so assessed from the date of confirmation of the

19  resolution ordering the improvement, of the same nature and to

20  the same extent as the lien for general county taxes falling

21  due in the same year or years in which such assessment or

22  installments thereof fall due, and any assessment or

23  installment not paid when due shall be collectible in the same

24  manner and at the same time as such general taxes are or may

25  be collectible, with the same attorney's fee, interest, and

26  penalties and under the same provisions as to forfeiture and

27  the right of the district to purchase the property assessed as

28  are or may be provided by law in the case of county taxes.

29  However, no such sale of any property for general county taxes

30  or for any installment or installments of any such assessment

31  and no perfecting of title under any such sale shall divest

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  the lien of any installment of such assessment not due at the

  2  time of the sale. Collection of such assessments, with such

  3  interest and with a reasonable attorney's fee and costs, but

  4  without penalties, may also be made by the district by

  5  proceedings in a court of equity to foreclose the lien of

  6  assessments as a lien for mortgages is or may be foreclosed

  7  under the laws of the state, or by an action in rem in the

  8  manner provided by law for the foreclosure and collection of

  9  ad valorem taxes, provided that any such proceedings to

10  foreclose shall embrace all installments of principal

11  remaining unpaid with accrued interest thereon, which

12  installments shall, by the institution of such proceedings,

13  immediately become and be due and payable. Nevertheless, if,

14  prior to any sale of the property under the decree of

15  foreclosure in such proceedings, payment be made of the

16  installment or installments which are shown to be due under

17  the provisions of the resolution passed pursuant to paragraph

18  (i), with interest as required by paragraph (i) and by this

19  paragraph and all costs including attorney's fee, such payment

20  shall have the effect of restoring the remaining installments

21  to their original maturities as provided by the resolution

22  passed pursuant to paragraph (i), and the proceedings shall be

23  dismissed. It shall be the duty of the district to enforce the

24  prompt collection of assessments by one or the other of the

25  means herein provided, and such duty may be enforced at the

26  suit of any holder of bonds issued under this act in a court

27  of competent jurisdiction by mandamus or other appropriate

28  proceeding or action. Not later than 30 days after the annual

29  sale of property for delinquent taxes of the county, or if

30  such property or taxes are not sold by the county, then within

31  60 days after such taxes become delinquent, it shall be the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  duty of the Governing Board to direct the attorney or

  2  attorneys whom the Governing Board shall then designate, to

  3  institute actions within 3 months after such direction to

  4  enforce the collection of all special assessments for local

  5  improvements made under this section and remaining due and

  6  unpaid at the time of such direction (unless theretofore sold

  7  at tax sale). Such action shall be prosecuted in the manner

  8  and under the conditions in and under which mortgages are

  9  foreclosed under the laws of the state. It shall be lawful to

10  join in one action the collection of assessments against any

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

12  unless the court shall deem such joinder prejudicial to the

13  interest of any defendant. The court shall allow a reasonable

14  attorney's fee for the attorney or attorneys of the district,

15  and the same shall be collectible as a part of or in addition

16  to the costs of the action. At any sale pursuant to decree in

17  any such action, the district may be a purchaser to the same

18  extent as an individual person or corporation, except that the

19  part of the purchase price represented by the assessments sued

20  upon and the interest thereon need not be paid in cash.

21  Property so acquired by the district, including the

22  certificate of sale thereof, may be sold or otherwise disposed

23  of, for cash or upon terms, the proceeds of such disposition

24  to be placed in the fund provided by paragraph (k). However,

25  no sale or other disposition thereof shall be made unless

26  notice calling for bids therefor to be received at a stated

27  time and place shall have been published in a newspaper

28  published in Martin County and Palm Beach County one time at

29  least 1 week prior to such disposition.

30         (k)  All assessments and charges made under the

31  provisions of this section for the payment of all or any part

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  of the cost of any sewer improvement or improvements for which

  2  bonds shall have been issued under the provisions of this act

  3  are hereby pledged to the payment of the principal of and the

  4  interest on such bonds and shall when collected be placed in a

  5  separate fund, properly designated, which fund shall be used

  6  for no other purpose than the payment of such principal and

  7  interest.

  8         (l)  Each school district and other political

  9  subdivision wholly or partly within the district and each

10  public agency or instrumentality owning property within the

11  district shall possess the same power and be subject to the

12  same duties and liabilities in respect of assessment under

13  this section affecting the real estate of such county,

14  district, political subdivision, or public agency or

15  instrumentality which private owners of real estate possess or

16  are subject to hereunder, and such real estate shall be

17  subject to liens for said assessments in all cases where the

18  same property would be subject to had it at the time the lien

19  attached been owned by a private person.

20         (13)  To seek injunctive relief in a court of competent

21  jurisdiction, to prevent the violation of this act or any

22  resolution, rule, or regulation adopted pursuant to the powers

23  granted by this act, without the necessity of showing of a

24  public nuisance in such legal proceeding.

25         (14)  To require the pretreatment of industrial wastes

26  when the same are not amenable to treatment with normal

27  domestic sewage before accepting industrial waste for

28  treatment, and to refuse to accept industrial wastes when not

29  sufficiently pretreated.

30         (15)  To sell or otherwise dispose of the effluent,

31  sludge, or other byproducts produced by any system.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1         (16)  To designate as subdistricts one or more areas of

  2  operation which are to be served by and in which a system

  3  constructed or acquired pursuant to this act, may exclusively

  4  operate and to designate such area or areas of operation by an

  5  appropriate descriptive title.

  6         (17)  To construct, install, erect, and acquire and to

  7  operate, maintain, improve, extend, or enlarge and reconstruct

  8  a system or systems within the boundaries of the district and

  9  to have the control and jurisdiction thereof; to pay all or

10  part of the cost of such construction, reconstruction,

11  erection, acquisition, or installation of such utility system

12  or combined utility system and additions, extensions, and

13  improvements thereto, except as otherwise provided in this

14  act.

15         (18)  To acquire by purchase, gift, or condemnation in

16  accordance with the provisions of chapters 73 and 74, Florida

17  Statutes, such lands and rights and interest therein,

18  including lands under water and riparian rights; and to

19  acquire such personal property as it may deem necessary in

20  connection with the construction, reconstruction, improvement,

21  extension, installation, erection, or operation and

22  maintenance of any system and to hold and dispose of such real

23  and personal property, including, but not limited to, systems

24  owned and operated by municipalities and counties.

25         (19)  To exercise jurisdiction, control, and

26  supervision over any system or any part thereof owned,

27  operated, and maintained by the district; and to make and

28  enforce such rules and regulations for the maintenance and

29  operation of any system and improvements owned, operated, and

30  maintained by the district as may be necessary for the lawful

31  operation of any such system or improvements in accordance

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  with the laws of this state and the regulations of state

  2  departments and agencies having jurisdiction over the systems

  3  as defined herein.

  4         (20)  To furnish water and sewer collection services

  5  within the district; or to construct or acquire jointly with

  6  the county or counties and municipality or municipalities

  7  located within the district, systems or any parts or

  8  facilities hereof under such terms and conditions as shall be

  9  agreed upon between the district and such municipalities or

10  counties; and to acquire, from any municipality or county, and

11  operate any system, or any parts or facilities thereof,

12  located within the boundaries of the district or territory,

13  either within or without such municipality or county, except

14  as otherwise provided in this act.

15         (21)  To develop current and long-range plans to

16  provide urban water and sewage to present and future

17  population centers within the district at the earliest

18  possible date.

19         (22)  To investigate complaints caused by inadequate

20  services or operation.

21         (23)  To utilize or expand existing systems to serve

22  population needs.

23         (24)  To provide necessary laboratories and facilities

24  for testing of operating systems.

25         (25)  To negotiate the provisions for assumption of

26  current indebtedness of any system or systems for which the

27  district assumes responsibility.

28         (26)  To levy an ad valorem tax in accordance with

29  section 7.

30         (27)  To issue revenue bonds and general obligation

31  bonds, for the purposes of this act, in the manner set forth

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  herein:

  2         (a)  The Governing Board of the district is hereby

  3  authorized to provide by resolution at one time or from time

  4  to time for the issuance of either water revenue bonds, sewer

  5  revenue bonds, or general obligation bonds of the district for

  6  the purpose of paying all or any part of the cost of any one

  7  or more of the following:

  8         1.  A water supply system or systems.

  9         2.  Extensions and additions thereto.

10         3.  Water system improvements.

11         4.  A sewage disposal system or systems.

12         5.  Extensions and additions thereto.

13         6.  Sewer improvements.

14

15  The bond of each issue shall be dated, shall bear interest at

16  such rate or rates not exceeding 7.5 percent per annum, shall

17  mature at such time or times not exceeding 50 years from their

18  date or dates as may be determined by the Governing Board of

19  the district, and may be made redeemable before maturity at

20  the option of the district at such price or prices and under

21  such terms and conditions as may be fixed by the Governing

22  Board prior to the issuance of the bonds.

23         (b)  The Governing Board of the district shall

24  determine the form of the bonds, including any interest

25  coupons to be attached thereto, and the manner of the

26  execution of the bonds and shall fix the denomination or

27  denominations of the bonds and place or places of payment of

28  principal or interest which may be at any bank or trust

29  company within or without the state. In case any officer whose

30  signature or facsimile of whose signature appears on any bonds

31  or coupons ceases to be such officer before the delivery of

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  such bonds, such signature or facsimile shall nevertheless be

  2  valid and sufficient for all purposes as if he or she had

  3  remained in office until such delivery.

  4         (c)  All bonds issued under the provisions of this act

  5  have and are hereby declared to have all the qualities and

  6  incidents of negotiable instruments. Bonds may be issued in

  7  coupon or in registered form or both as the Governing Board

  8  may determine and provision may be made for the registration

  9  of any coupon bonds as to principal alone and also as to both

10  principal and interest and for the reconversion into coupon

11  bonds of any bonds registered as to bond principal and

12  interest.

13         (d)  The issuance of such bonds shall not be subject to

14  any limitations or conditions contained in any other statute

15  and the Governing Board may sell such bonds in such manner at

16  public or private sale and for such price as it may determine

17  to be for the best interests of the district, but no such sale

18  shall be made at a price so low as to require the payment of

19  interest on the money received therefor at more than 7.5

20  percent per annum computed with relation to the absolute

21  maturity of the bonds in accordance with the standard tables

22  of bond values, excluding from such computations the amount of

23  any premium to be paid on redemption of any bonds prior to

24  maturity. Prior to the preparation of definitive bonds, the

25  district may, under like restrictions, issue interim receipts

26  and temporary bonds with or without coupons exchangeable for

27  definitive bonds when such bonds have been executed and are

28  available for delivery. The Governing Board of the district

29  may also provide for the replacement of any bonds which become

30  mutilated, destroyed, or lost.

31         (e)  Bonds may be issued under the provisions of this

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  chapter without obtaining the consent of any commission,

  2  board, bureau, or agency of the state and without the

  3  proceeding or happening of any other condition or thing than

  4  those proceedings, conditions, or things which are

  5  specifically required by this act.

  6         (f)  The proceeds of such bonds shall be used solely

  7  for the payment of costs of the water supply system or systems

  8  or the water system improvements or the sewage disposal system

  9  or systems or the sewer improvements, for the purchase,

10  construction, or reconstruction of which such bonds shall have

11  been authorized, and shall be disbursed in such manner and

12  under such restrictions, if any, as the Governing Board of the

13  district may provide in the authorizing resolution. If the

14  proceeds of such bonds, by error of estimates or otherwise,

15  shall be less than such costs, additional bonds may in like

16  manner be issued to provide the amount of such deficit and

17  unless otherwise provided in the authorizing resolution shall

18  be deemed to be of the same issue and shall be entitled to

19  payment from the same fund without preference or priority of

20  the bonds first issued for the same purpose. If the proceeds

21  of the bonds of any issue shall exceed the amount required for

22  the purpose for which such bonds shall have been issued, the

23  surplus shall be paid into the fund provided under the

24  provisions of this chapter for the payment of principal of and

25  the interest on such bonds.

26         (g)  For the payment of the principal and interest

27  thereon on any general obligation bonds issued for the benefit

28  of the district issued under the provisions of this act the

29  Governing Board of the district is hereby authorized and

30  required to levy annually a special tax upon all taxable

31  property within the district over and above all other taxes

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  authorized or limited by law sufficient to pay such principal

  2  and interest as the same respectively becomes due and payable,

  3  and the proceeds of all such taxes shall, when collected, be

  4  paid into a special fund and used for no other purpose than

  5  the payment of such principal and interest. However, there may

  6  be pledged to the payment of such principal and interest the

  7  proceeds of such water service charge and/or sewer service

  8  charges and in the event of such pledge the amount of the

  9  annual tax levied herein required may be reduced in any year

10  by the amount of such proceeds actually received in the

11  preceding year and then remaining on deposit to the credit of

12  such fund for the payment of such principal and interest.

13         (h)  Water revenue bonds may be used only in connection

14  with the acquisition, construction, or operation of water

15  supply systems or water system improvements, and sewer revenue

16  bonds may be used only in connection with the acquisition,

17  construction, and operation of sewage disposal systems and

18  sewer improvements. Water revenue bonds and/or sewer revenue

19  bonds issued under the provisions of this act shall not be

20  deemed to constitute a pledge of the faith and credit of the

21  district but such bonds shall be payable solely from the funds

22  provided therefor under the provisions of this act. All such

23  bonds shall contain a statement on their face substantially to

24  the effect that the district is not obligated to pay such

25  bonds or the interest thereon except from such funds and that

26  the faith and the credit of the district is not pledged to the

27  payment of the principal of or the interest on such bonds. The

28  issuance of water revenue bonds and/or sewer revenue bonds

29  under the provisions of this act shall not directly or

30  indirectly or contingently obligate the district to levy any

31  taxes whatever therefor or to make any appropriation for their

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  payment except from the funds pledged under the provisions of

  2  this act.

  3         (i) 1.  The resolution authorizing the issuance of

  4  water revenue bonds under the provisions of this act shall

  5  pledge the revenues to be received but shall not convey or

  6  mortgage any water supply system or water system improvements,

  7  or any part thereof.

  8         2.  The resolution authorizing the issuance of sewer

  9  revenue bonds under the provisions of this act shall pledge

10  the revenue to be received but it shall not convey or mortgage

11  any sewage disposal system or sewer improvements or any part

12  thereof.

13         3.  Either water revenue bonds or sewer revenue bonds

14  may contain such provisions for protecting and enforcing the

15  rights and remedies of the bondholders as may be reasonable

16  and proper and not in violation of law, including covenants

17  setting forth the duties of the Governing Board of the

18  district in relation to the purchase, construction,

19  reconstruction, improvement, maintenance, operation, repair,

20  and insurance of the water supply system or systems and the

21  water system improvements and the sewage disposal system or

22  systems and the sewer improvements and the provisions for the

23  custody, safeguarding, and application of all moneys, and for

24  the employment of consulting engineers in connection with such

25  purchase, construction, reconstruction, or operation. Such

26  resolution may set forth the rights and remedies of the

27  bondholders and may restrict the individual right of action by

28  bondholders as is customary in trust agreements or trust

29  indentures securing bonds or debentures or corporations.

30         4.  In addition to the foregoing, such resolution may

31  contain such other provisions as the Governing Board of the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 971

    Amendment No. 1 (for drafter's use only)





  1  district may deem reasonable and proper for the security of

  2  bondholders. Except as in this act otherwise provided, the

  3  Governing Board of the district may provide for the payment of

  4  the proceeds of the sale of the bonds and revenues of the

  5  water supply system or systems and of any water system

  6  improvements or of the sewage disposal system or systems and

  7  of any sewer improvements to such officer, board, or

  8  depository as it may designate for the custody thereof, and

  9  for the method of disbursement thereof, with such safeguards

10  and restrictions as it may determine.

11         (j)  The resolution providing for the issuance of water

12  revenue bonds and/or sewer revenue bonds may also contain such

13  limitations upon the issuance of additional water revenue

14  bonds and/or sewer revenue bonds as the Governing Board of the

15  district may deem proper, and such additional bonds shall be

16  issued under such restrictions and limitations as may be

17  prescribed by such resolution.

18         (k)  No water revenue bonds or sewer revenue bonds

19  shall be issued under the authority of this act unless the

20  Governing Board of the district shall have theretofore found

21  and determined the estimated cost of the facilities or systems

22  on account of which such bonds are to be issued, the estimated

23  annual revenues of such facilities or systems, and the

24  estimated annual cost of maintaining, repairing, and operating

25  such facilities or systems, nor unless it shall appear from

26  such estimate that the annual revenues will be sufficient to

27  pay such cost of maintenance, repair, and operation and the

28  interest on such bonds and the principal thereof as such

29  interest and principal shall become due.

30         (l)  If the approval of the issuance of water revenue

31  bonds or sewer revenue bonds at an election of the residents

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  1  who are qualified electors residing in the district shall be

  2  required by the State Constitution, such election shall be

  3  called, noticed, and conducted and the result thereof

  4  determined and declared as shall have been or may be required

  5  by law for the issuance of bonds of the district.

  6         (m)  Notwithstanding the provisions of paragraphs (h),

  7  (i), (j), and (k), the district may issue water and sewer

  8  revenue bonds for the purpose of construction, acquisition, or

  9  improvement of water supply systems or water system

10  improvements and sewage disposal systems or sewer

11  improvements, which have been combined by the district. Such

12  water and sewer revenue bonds may also be issued for the

13  purpose of the construction, acquisition, or improvement of

14  such combined system, or any part thereof, and the refunding

15  of any outstanding bonds or obligations theretofore issued to

16  finance the cost of such combined system or any part thereof.

17         (n)  In the event that the water supply system or water

18  system improvements and sewage disposal systems and sewer

19  improvements are combined into one water and sewer system, all

20  of the provisions of this chapter relating to water supply

21  systems or water system improvements and sewage disposal

22  systems and sewer improvements and water revenue bonds and

23  sewer revenue bonds shall apply to such combined systems and

24  water and sewer revenue bonds to the extent the same are

25  applicable.

26         Section 7.  The Board may, subject to approval as

27  provided in section 17, levy upon all of the taxable property

28  in the district a special tax not exceeding 1/4 mill on the

29  dollar during each year solely for the purposes authorized and

30  prescribed by this act. Said levy shall be made each year not

31  later than July 1 by resolution of the Board of a majority

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  1  thereof duly entered upon its minutes. Certified copies of

  2  such resolution executed in the name of the Board by the chair

  3  and secretary and under its corporate seal shall be made and

  4  delivered to the Boards of County Commissioners of Palm Beach

  5  and Martin Counties and to the Department of Revenue, not

  6  later than July 1 of each year. The property appraisers of the

  7  respective counties shall assess and the collectors of the

  8  respective counties shall collect the amount of taxes so

  9  assessed and levied by the Board upon all of the taxable

10  property in the district at the rate of taxation adopted by

11  the Board for the year and included in the resolution, and the

12  levy shall be included in the warrants of property appraisers

13  and attached to the assessment roll of taxes for the

14  respective counties each year. The tax collectors shall

15  collect such taxes so levied by the Board in the same manner

16  as other taxes are collected and shall pay the same within the

17  time and in the manner prescribed by law to the treasurer of

18  the Board. The Department of Revenue shall assess all such

19  property in accordance with section 193.035, Florida Statutes.

20  All such taxes shall be held by the treasurer for the credit

21  of the Board and paid out in accordance with the provisions of

22  this act.

23         Section 8.  In the event that the fees, rates, or

24  charges for the services and facilities of any system are not

25  paid when due:

26         (1)  The district may, if such default continues for 30

27  days or more after written notice to such delinquent customer,

28  discontinue and shut off the supply of the services and

29  facilities of said system, to the person, firms, corporation,

30  or other body, public or private, so supplied with such

31  services or facilities, until such fees, rates, or charges,

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  1  including legal interest, penalties, and charges for the

  2  shutting off and discontinuance or the restoration of such

  3  services or facilities are fully paid. Such delinquent fees or

  4  charges, together with legal interest, penalties, and charges

  5  for the shutting off and discontinuance or the restoration of

  6  such services or facilities, and reasonable attorney's fees,

  7  costs, and other expenses, may be recovered by the Board in a

  8  court of competent jurisdiction.

  9         (2)  The district shall have a lien on all lands and

10  premises served by it for all charges, until paid, for

11  services provided to such lands or premises by the district,

12  or connection fees associated therewith, which lien shall be

13  prior to all other liens, except that such lien shall be on

14  parity with the lien of state, county, and municipal taxes,

15  and any lien for charges for services created pursuant to

16  section 159.17, Florida Statutes. Such lien shall be perfected

17  by the district by recording in the official records of the

18  county in which the lands or premises are located a claim of

19  lien in a form substantially as provided in section 713.08,

20  Florida Statutes. A copy of the claim of lien shall be served

21  as provided in section 713.18, Florida Statutes, within 10

22  days after the claim of lien is recorded. If 30 days after

23  service has been made liens created under this section remain

24  delinquent, such liens may be foreclosed by the district in

25  the manner provided by the laws of this state for the

26  foreclosure of mortgages on real property, and the district

27  shall be entitled to reasonable interest, attorney's fees, and

28  other court costs.

29         Section 9.  The district may assume the operation of

30  any system which substantially fails to meet its financial

31  responsibilities or operating standards pursuant to this act

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  1  or other laws and regulations of this state.

  2         Section 10.  The district may provide for the

  3  construction or reconstruction of assessable improvements as

  4  defined in section 5, and pay for the same by all financing,

  5  assessment, and taxing means permitted by law and this act.

  6         Section 11.  The Board shall prepare an annual report,

  7  audited by a qualified certified public accountant, including

  8  all matters relating to revenues, expenses of maintenance,

  9  repair, and operation and renewals and capital replacements,

10  principal and interest requirements, and the status of all

11  funds and accounts. Copies of such report shall be filed with

12  the department by October 1 of the following fiscal year and

13  shall be open to public inspection and available upon request

14  at cost.

15         Section 12.  No water system, storm drainage system,

16  sewer system, or other facility for the production, treatment

17  of sewage, and collection and discharge of storm drainage

18  shall be constructed within the district unless the Board

19  gives its consent thereto and approves the plans and

20  specifications therefor. Said consent and approval shall not

21  be given unless the location and design thereof and its

22  equipment will permit it to be operated in unison with the

23  district's systems and other existing systems and is adequate

24  to meet the minimum standards of such systems as provided by

25  law and this act.

26         Section 13.  The Board shall have the power to

27  transfer, sell, or assign any of the property of the district

28  which it finds is not needed to carry out the purposes of this

29  act to any other governmental agency at whatever terms it

30  deems reasonable.

31         Section 14.  The provisions of this act shall be

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  1  liberally construed to effect its purposes.

  2         Section 15.  In case any one or more of the sections or

  3  provisions of this act, or the application of such sections or

  4  provisions to any situations, circumstances, or person, shall

  5  for any reason be held to be unconstitutional or invalid, such

  6  unconstitutionally or invalidity shall not affect any other

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

  8  sections or provisions to any other situation, circumstance,

  9  or person, and it is intended that this act shall be construed

10  and applied as if such section or provision so held

11  unconstitutional or invalid had not been included in this act.

12         Section 16.  Nothing contained in this act shall be

13  construed to empower the district to exercise control over the

14  management of waters of the Central and Southern Florida Flood

15  Control project, or over any of the works of the Central and

16  Southern Florida Flood Control District. Nothing contained

17  herein shall be construed to empower the district to use the

18  power of eminent domain against the Central and Southern

19  Florida Flood Control District, nor to empower the levy of

20  special assessment or ad valorem taxes against lands held by

21  the Central and Southern Florida Flood Control District.

22         Section 17.  The provisions of section 7 which

23  authorize the levy of ad valorem taxation shall take effect

24  only upon its approval by a vote of the electors of the

25  district as may be required by the State Constitution. The

26  Board shall call and provide for the holding of a referendum

27  at the next election of the district or at a special election

28  called by the Board for that purpose at which referendum the

29  qualified electors in the district shall approve or reject the

30  authority to levy ad valorem taxes provided in this act, all

31  as may be now required by the Florida Constitution; and the

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  1  previous failure of the district to previously call such

  2  referendum as required by the former language of section 17 of

  3  chapter 71-822, Laws of Florida, shall in no way affect the

  4  validity of the result of such referendum to be held. If ad

  5  valorem taxation shall be approved at said election, the Board

  6  may impose an initial tax levy not to exceed 1/4 mill. Any

  7  subsequent increase in said tax levy may only be made with the

  8  approval of the electors of said district at a special

  9  election called by the Board and held for that purpose. Such

10  elections shall be held in accordance with the provisions of

11  sections 100.211-100.351, Florida Statutes.

12         Section 18.  The qualified electors of the district

13  shall have the power of initiative to propose an action to be

14  taken by the Board which the Board is authorized under this

15  act to take and the power of referendum to require

16  reconsideration by the Board of any action of a nature

17  requiring full compliance with the Administrative Procedure

18  Act taken by the Board. If the Board fails to take the action

19  proposed or to repeal the action to be reconsidered, the

20  electors shall be entitled to approve or reject the proposed

21  or reconsidered action according to the following procedure:

22         (1)  A petition must be prepared and filed with the

23  Board within 10 days after final passage of such action which

24  shall contain a statement of the proposed action or of the

25  action to be reconsidered and the signatures of at least 10

26  percent of the qualified electors within the district voting

27  in the most recent district election, or 5 percent of the

28  registered district voters, whichever is greater.

29         (2)  The petition shall be filed with the Board which

30  shall submit the petition to the supervisors of elections of

31  the counties within the district for verification of

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  1  signatures. Upon receipt of certification by the supervisors

  2  of elections that the petition contains at least 10 percent of

  3  qualified electors within the district, voting in the most

  4  recent district election, or 5 percent of the registered

  5  district voters, whichever is greater, the Board shall

  6  promptly consider the proposed action or reconsider the action

  7  to be reconsidered by voting its repeal. If the Board does not

  8  adopt the proposed action or repeal the action to be

  9  reconsidered within 30 days after receipt of the

10  certification, the Board shall fix a day for holding an

11  election to be held not less than 60 days nor more than 90

12  days from the receipt of such certification.

13         (3)  This section shall not apply to any actions of the

14  Board approved prior to the effective date of the 1978

15  amendments, nor shall the same in any manner affect

16  obligations and indebtedness incurred prior to the 1978

17  amendments. If a majority of the votes cast in the election

18  are in favor of the proposed action or in favor of the repeal

19  of the action being reconsidered, the proposed action shall be

20  considered adopted, or the action being reconsidered shall be

21  considered repealed upon the announcement of the official

22  canvass of the election.

23         (4)  The word "action" as used in this act shall not

24  include matters involving internal management or

25  administration of grants, but does include, without

26  limitation, any matters arising under the Administrative

27  Procedure Act, chapter 74-310, Laws of Florida.

28         (5)  Nothing in this section shall be construed to

29  require any person to register to vote in any election held

30  pursuant to this section if at the time such election is held,

31  the person is registered to vote in state or county elections.

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  1         Section 4.  Chapters 71-822, 75-475, 76-429, 76-431,

  2  78-559, 78-561, 80-577, 86-429, 86-430, 88-506, 90-438, and

  3  92-255, Laws of Florida, are repealed.

  4         Section 5.  If any provision of this act, or any

  5  provision of the district's charter contained herein, is held

  6  to be unconstitutional, such holding shall not affect the

  7  validity of the remaining provisions of this act.

  8         Section 6.  This act shall take effect upon becoming a

  9  law.

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