HB 1265 2003
1	A bill to be entitled
2	An act relating to Osceola County; creating an independent
3	special district known as Tohopekaliga Water Authority;
4	providing legislative findings and intent; providing
5	definitions; describing the district boundaries; providing
6	for service areas subject to the approval of affected
7	general purpose local governments; providing that the
8	purpose of the district shall be for the planning,
9	acquisition, development, operation, and maintenance of
10	water and wastewater management systems within the
11	district and its service area; limiting the provision of
12	district services and facilities to only those areas
13	authorized by affected general purpose local governments;
14	providing for an appointed governing body of the district
15	composed of five supervisors and setting forth their
16	authority, terms of office, qualifications, compensation,
17	and method of appointment; providing for the filling of
18	vacancies in office; providing district powers, functions,
19	and duties; providing for the acquisition of land;
20	providing for the levy and collection of rates, fees,
21	assessments, and other charges for the provision of
22	capital facilities or use of district services or payment
23	of operating and financing costs; providing for borrowing
24	money and issuing bonds, certificates, obligations, or
25	other evidence of indebtedness; prohibiting the creation
26	of state, county, or municipal debt; providing for the
27	collection of unpaid rates, fees, and charges; providing
28	for the assessment and imposition of ad valorem taxes at a
29	rate not to exceed 1 mill only upon approval by referendum
30	of electors of the district; providing for the adoption of
31	a master plan; providing for enforcement and penalties;
32	providing for merger and dissolution; providing for
33	severability; providing an effective date.
34
35	Be It Enacted by the Legislature of the State of Florida:
36
37	Section 1. Popular Name.--This act shall be known by the
38	popular name the "Tohopekaliga Water Authority Act."
39	Section 2. Legislative Findings.--
40	(1) It is declared as a matter of legislative
41	determination that the extensive growth of population and
42	attendant commerce throughout Osceola County has given rise to
43	public health and water supply concerns in that many of the
44	unincorporated areas of Osceola County are not served by water
45	and sewer facilities normally and generally provided and
46	maintained by governmental agencies and instead are served by
47	private wells and privately owned package sewage treatment
48	plants or septic tanks. The proliferation of such package and
49	sewage treatment plants and the use of septic tanks pose a
50	significant risk of contamination of water supply sources for
51	both incorporated and unincorporated areas of Osceola County.
52	(2) It is declared as a matter of legislative
53	determination that the extensive growth of population and
54	attendant commerce throughout Osceola County has caused affected
55	general purpose local governments within Osceola County to
56	recognize the need to consider, advance, and develop a regional
57	approach to the governmental delivery and provision of potable
58	water, wastewater, nonpotable water, and reclaimed water
59	facilities and services, the protection of the environment, and
60	the use of valuable water resources.
61	(3) Each of the affected general purpose local governments
62	within Osceola County must meet the comprehensive planning
63	requirements of chapter 163, Florida Statutes, which mandate
64	that local governments coordinate their plans for future growth
65	with available resources of funding and availability of
66	infrastructure. The provision of potable and nonpotable water
67	and wastewater services and facilities is a major factor in such
68	infrastructure coordination. A focused regional approach to
69	local governmental ownership and provision of potable and
70	nonpotable water and wastewater utility facilities is desirable
71	and will readily allow Osceola County and the City of Kissimmee,
72	and certain adjacent areas upon approval of any affected general
73	purpose local government, to more effectively meet their
74	statutory mandate with respect to the utilities element of their
75	respective comprehensive plans.
76	(4) It is the intent of the Legislature to create an
77	independent special district in Osceola County that, with the
78	concurrence and approval of affected general purpose local
79	governments, can address and carry out the overall
80	responsibility for the provision of potable and nonpotable water
81	and wastewater services and facilities in certain areas of
82	Osceola County and certain adjacent areas upon the approval of
83	any affected general purpose local government, as hereinafter
84	provided, to provide economies of scale; eliminate duplicative
85	functions and expenditures; protect the local and regional
86	environment; more efficiently use, preserve, protect, and
87	address valuable local and regional water resources; and advance
88	regional and comprehensive planning.
89	Section 3. Definitions.--When used in this act, unless a
90	different meaning appears clearly from the context:
91	(1) “Authority” or “District” means Tohopekaliga Water
92	Authority and, unless the context indicates otherwise, means the
93	independent special district created by this act and identified
94	in section 4, to be known as the Authority or District, and the
95	territory included within the special district.
96	(2) "Authority facilities" means the Authority’s potable
97	and nonpotable water production, transmission, treatment, and
98	distribution facilities, systems, and property, and the
99	Authority’s wastewater treatment, collection, and disposal
100	facilities, systems, and property, including reuse, nonpotable,
101	and reclaimed water facilities and systems, as they may be
102	modified, improved, or expanded from time to time, which are
103	owned, leased, operated, managed, or used, from time to time, by
104	the Authority to provide water and wastewater services.
105	Authority facilities shall include all property, real or
106	personal, tangible or intangible, now or hereafter owned,
107	leased, operated, or managed by the Authority in connection with
108	the provision of water and wastewater services and shall also
109	include any such property used or to be used jointly as
110	specifically provided for herein.
111	(3) "Cost," when used in connection with a project, means:
112	(a) The Authority’s cost of construction.
113	(b) Costs of transfer or acquisition by or for the
114	Authority of such project, including, without limitation, any
115	annual revenue transfer obligations payable to one or more
116	predecessor general purpose local governments pursuant to
117	interlocal agreement.
118	(c) Costs of land and interests thereon and the cost of
119	the Authority incidental to such transfer or acquisition.
120	(d) The cost of any indemnity or surety bonds and premiums
121	for insurance during construction.
122	(e) All interest due to be paid on the obligations
123	relating to the project during the period of acquisition and
124	construction of such project and for periods subsequent to
125	completion of acquisition and construction as the Board of
126	Supervisors may determine by resolution.
127	(f) Engineering, legal, and other consulting fees and
128	expenses.
129	(g) Costs and expenses of the financing incurred for such
130	project, including audits, fees, and expenses of any paying
131	agent, registrar, trustee, consultant, attorney, engineer,
132	credit enhancer, or depository.
133	(h) Payments, when due (whether at the maturity of
134	principal or the due date of interest or upon redemption) on any
135	interim or temporary indebtedness incurred for such project.
136	(i) Costs of machinery, equipment, supplies, and spare
137	parts required by the Authority for the commencement of
138	operation of such project or continuation of operation of such
139	project.
140	(j) Any other costs properly attributable to such project
141	or to the issuance of obligations which finance such project, as
142	determined by generally accepted accounting principles
143	applicable to such project, and shall include reimbursement to
144	the Authority or a predecessor local government for any such
145	items of cost advanced, incurred, or paid by the Authority or a
146	general purpose local government prior to issuance of the
147	obligations issued to finance or acquire such project.
148	Additional items of cost may be provided pursuant to the
149	financing documents.
150	(4) "Financing documents" means the resolution or
151	resolutions duly adopted by the Authority, as well as any
152	indenture of trust, trust agreement, interlocal agreement, or
153	other instrument relating to the issuance or security of any
154	bond or obligations of the Authority.
155	(5) "Obligations" means a series of bonds, obligations, or
156	other evidence of indebtedness, including, but not limited to,
157	notes, commercial paper, capital leases, or any other
158	obligations of the Authority issued hereunder, or under any
159	general law provisions, and pursuant to the financing documents.
160	The term shall also include any lawful obligation committed to
161	by the Authority pursuant to an interlocal agreement with
162	another governmental body or agency.
163	(6) "Pledged funds" means:
164	(a) The revenues, fees, charges, special assessments, and
165	other moneys received by the Authority or its designee relating
166	to its ownership or operation of the authority facilities, or
167	some portion thereof.
168	(b) Until applied in accordance with the terms of the
169	financing documents, all moneys in the funds, accounts, and sub-
170	accounts established thereby, including investments therein.
171	(c) Such other property, assets, and moneys of the
172	Authority as shall be pledged pursuant to the financing
173	documents, in each case to the extent provided by the Board of
174	Supervisors pursuant to the financing documents. The funds
175	pledged to one series of obligations may be different than the
176	funds pledged to other series of obligations. Pledged funds
177	shall not include any ad valorem tax revenues or general fund
178	account of the Authority.
179	(7) “Project" means any structure, property, or facility
180	which the Authority, from time to time, may determine to
181	construct or acquire as part of its authority facilities,
182	together with all improvements, equipment, structures, and other
183	facilities necessary or appropriate in connection therewith.
184	This term is to be broadly construed so as to include the lawful
185	undertaking which will accrue, or is reasonably expected to
186	accrue, to the benefit of the authority facilities, including
187	joint ventures and acquisitions of partial interests or
188	contractual rights. "Project" shall include, but not be limited
189	to, acquisition or transfer of any water or wastewater utility
190	system, water or wastewater utility assets, or securing the
191	right to provide any water or wastewater utility service as
192	provided for in one or more interlocal agreements between the
193	Osceola County Board of County Commissioners and the City
194	Commission of the City of Kissimmee or any other governmental
195	body. "Project" may also include working capital, as well as any
196	costs or judgments associated with litigation.
197	(8) “Ratepayer” means any natural person who pays rates,
198	fees, or charges on a recurring basis to the Authority, or who
199	is an official, officer, member, or employee of any entity,
200	public or private, that pays rates, fees, or charges on a
201	recurring basis to the Authority.
202	(9) “Service area" means the geographic boundaries within
203	which the Authority provides, or is otherwise authorized
204	pursuant to the provisions of this act to provide, water or
205	wastewater services or facilities.
206	Section 4. District Establishment and Creation.--
207	(1) There is hereby created and established a special
208	purpose local governmental body, corporate and politic, to be
209	known as Tohopekaliga Water Authority. The Osceola Regional
210	Utility is hereby created and incorporated as an independent
211	special district, pursuant to and in conformance with chapter
212	189, Florida Statutes.
213	(2) The District boundary shall embrace and include:
214	(a) The territory within Osceola County consisting of the
215	incorporated area of the City of Kissimmee and including those
216	areas served or provided with water and wastewater service by
217	the City of Kissimmee on the effective date hereof.
218	(b) All unincorporated areas within Osceola County, less
219	and except any areas included within the Reedy Creek Improvement
220	District, on the effective date hereof, and less and except the
221	territory within Osceola County consisting of the incorporated
222	area of the City of St. Cloud, and including those
223	unincorporated areas authorized by law to be served or provided
224	with water and wastewater service by the City of St. Cloud on
225	the effective date hereof. This act shall not be construed to
226	prohibit or inhibit the City of St. Cloud from lawfully
227	extending, expanding, or providing authorized municipal services
228	and facilities as provided for in section 180.02(3), Florida
229	Statutes. The Authority shall be estopped in any future
230	proceeding conducted pursuant to section 180.03 or section
231	180.04, Florida Statutes, by the City of St. Cloud, or any
232	action arising therefrom, from asserting or claiming the
233	willingness and ability to provide potable water or wastewater
234	service to:
235	1. All lands in Osceola County, Florida, lying in Section
236	8, Township 25 South, Range 31 East.
237	2. All lands in Osceola County, Florida, lying in Section
238	5, Township 25 South, Range 31 East lying easterly of the
239	eastern boundary of Fells Cove Subdivision, according to the
240	plat recorded in the Public Records of Osceola County, Florida,
241	(including specifically the Floridian R.V. Park).
242	3. All lands in Osceola County, Florida lying within
243	Florida Turnpike right-of-way in the Northwest quarter (NW1/4)
244	Section 36, Township 27 South, Range 30 East (Canoe Creek DOT
245	facility).
246
247	The District boundary may be expanded to include any service
248	area within the boundaries of an affected general purpose local
249	government upon the adoption of a resolution by the governing
250	body of the affected general purpose local government
251	authorizing the Authority to provide its service and facilities
252	therein.
253	(3) The Authority is created for all purposes set forth in
254	this act and chapter 189, Florida Statutes, as may be amended
255	from time to time.
256	(4) The charter created by this act may be amended only by
257	special act of the Legislature.
258	(5) The purpose of the District shall be to perform such
259	acts as shall be necessary for the sound planning, acquisition,
260	development, operation, and maintenance of governmentally owned
261	potable and nonpotable water and wastewater management and
262	delivery systems within the District and its service area,
263	including all business facilities necessary and incidental
264	thereto. As provided herein, the Authority shall have exclusive
265	jurisdiction over the acquisition, development, operation, and
266	management of such water and wastewater management systems
267	capable of being provided by general purpose local governments
268	in and for the District boundaries and the service area.
269	Section 5. Authority to Operate in Osceola County or Areas
270	Adjacent to Osceola County; Subject to General Purpose Local
271	Government Consent.--By resolution of the governing bodies of
272	each of the general purpose local governments affected, all
273	power and authority available to the Authority under general or
274	special law including, without limitation, chapters 163, 189,
275	and 197, Florida Statutes, and this act shall be deemed to be
276	irrevocably authorized and may be implemented by the Authority
277	within the boundaries of each of the general purpose local
278	governments affected. This act expressly authorizes by law the
279	transfer to the Authority or the contracting by the Authority
280	for the provision of any water or wastewater systems,
281	facilities, or services within the District or its service area.
282	Section 6. Governing Body.--
283	(1) The governing body of the Authority shall consist of
284	five members acting as the Board of Supervisors, each of whom
285	shall serve a term of 3 years commencing on October 1, provided
286	the procedure for appointment of members of the Board of
287	Supervisors and their initial terms of office shall be as
288	follows:
289	(a) Board Supervisor No. 1 and Board Supervisor No. 2
290	shall serve for initial terms of approximately 2 years, ending
291	on September 30, 2005. Board Supervisor No. 1 shall be
292	appointed by the Osceola County Board of County Commissioners.
293	Board Supervisor No. 2 shall be appointed by the City Commission
294	of the City of Kissimmee.
295	(b) Board Supervisor No. 3 and Board Supervisor No. 4
296	shall serve initial terms of approximately 3 years, ending on
297	September 30, 2006. Board Supervisor No. 3 shall be appointed
298	by the Osceola Board of County Commissioners. Board Supervisor
299	No. 4 shall be appointed by the City Commission of the City of
300	Kissimmee.
301	(c) Board Supervisor No. 5 shall serve an initial term of
302	approximately 4 years, ending September 30, 2007. Board
303	Supervisor No. 5 shall be collectively appointed by joint
304	resolution of the Osceola County Board of County Commissioners
305	and the City Commission of the City of Kissimmee and shall serve
306	as the Chairperson of the Board of Supervisors.
307	(2) All members of the Board of Supervisors shall be
308	ratepayers and qualified electors of Osceola County or of the
309	service area adjacent to Osceola County in which the District
310	has been authorized to operate. Each of the general purpose
311	local governments responsible for appointing members shall
312	consider but is not required to appoint members with business,
313	real estate development, engineering, accounting, financial,
314	scientific, utility, governmental, or public service
315	backgrounds.
316	(3) Board members shall serve no more than 3 consecutive
317	3-year terms, not including any initial term of less than 3
318	years.
319	(4) Upon the occasion of a vacancy for any reason in the
320	term of office of a member of the Board of Supervisors, which
321	vacancy occurs prior to the replacement of the member by
322	appointment and which remains unfilled for 60 days after such
323	vacancy due to the failure of the respective general purpose
324	local government governing body to duly appoint a successor as
325	provided in subsection (1), a successor shall be appointed by
326	the Governor. Any person appointed to fill a vacancy shall be
327	appointed to serve only for the unexpired term and until a
328	successor is duly appointed.
329	(5) The Board of Supervisors shall elect a Vice
330	Chairperson, Secretary, and such other officers of the Authority
331	as may be hereafter designated and authorized by the Board of
332	Supervisors, each of whom shall serve for 1 year commencing as
333	soon as practicable after October 1 and until his or her
334	successor is chosen. The Chairperson, Vice Chairperson, and
335	Secretary shall conduct the meetings of the Authority and
336	perform such other functions as herein provided. The
337	Chairperson and Vice Chairperson shall take such actions and
338	have all such powers and sign all documents on behalf of the
339	Authority in furtherance of this act or as may be approved by
340	resolution of the Board of Supervisors adopted at a duly called
341	meeting. The Vice Chairperson, in the Chairperson’s absence,
342	shall preside at all meetings. The Secretary, or his or her
343	designee, shall keep minutes of all meetings, proceedings, and
344	acts of the Board of Supervisors, but such minutes need not be
345	verbatim. Copies of all minutes of the meetings of the
346	Authority shall promptly be sent by the Secretary, or his or her
347	designee, to all members of the Board of Supervisors and to each
348	general purpose local government located within the District or
349	the service area. The Secretary may also attest to the
350	execution of documents. The Secretary shall have such other
351	powers as may be approved by resolution of the Board of
352	Supervisors adopted at a duly called meeting.
353	(6) The Board of Supervisors shall have those
354	administrative duties set forth in this act and chapter 189,
355	Florida Statutes, as may be amended from time to time. Any
356	certificate, resolution, or instrument signed by the
357	Chairperson, Vice Chairperson, or such other person of the
358	Authority as may hereafter be designated and authorized by the
359	Board of Supervisors shall be evidence of the action of the
360	Authority, and any such certificate, resolution, or other
361	instrument so signed shall be conclusively presumed to be
362	authentic.
363	(7) The members of the Board of Supervisors shall receive
364	as compensation for their services a fee of $100 per meeting,
365	not to exceed 3 meetings per month. The amount of compensation
366	shall be adjusted annually based upon the index provided in
367	section 287.017(2), Florida Statutes, or its successor in
368	function. In addition, each member of the Board of Supervisors
369	shall be reimbursed for expenses as provided in section 112.061,
370	Florida Statutes, or otherwise approved by the Board of
371	Supervisors for travel on authority business outside of the
372	boundaries of the District or service area of the District.
373	(8) A majority of the Board of Supervisors shall
374	constitute a quorum for the transaction of business of the
375	Authority. The affirmative vote of the majority of the members
376	of the Board of Supervisors present and voting (exclusive of any
377	member having a conflict) shall be necessary to transact
378	business. However, any increase in rates, fees, or charges
379	shall require the affirmative vote of a majority of the entire
380	Board of Supervisors.
381	Section 7. Conflicts of Interest Prohibited.--No member,
382	officer, agent, or employee of the Authority, either for himself
383	or herself or as agent for anyone else or as a stockholder or
384	owner in any other legal entity, shall participate in or benefit
385	directly or indirectly from any sale, purchase, lease, contract,
386	or other transaction entered into by the Authority. For the
387	purposes of this act, a direct or indirect benefit or
388	participation shall mean a “special private gain or loss” as
389	defined in the Code of Ethics for Public Officers and Employees,
390	part III of chapter 112, Florida Statutes, and shall be
391	determined in the same manner as the question of “special
392	private gain or loss” would be determined for purposes of a
393	violation of section 112.3143, Florida Statutes, or its
394	successor in function. A member, officer, agent, or employee of
395	the Authority may rely upon an advisory opinion or determination
396	of the State Commission on Ethics or the Authority’s general
397	counsel as to the question of whether or not there would be a
398	special private gain or loss, and such determination shall also
399	be determinative of the ability of the member, officer, agent,
400	or employee to vote under the provisions of this act or of the
401	conduct of the member, officer, agent, or employee under this
402	act. If any such person violates the provisions of this
403	section, he or she shall be guilty of a misdemeanor. The
404	provisions of this section shall be cumulative to any general
405	laws of the state which are from time to time applicable to
406	members, officers, agents, or employees of the Authority and
407	which require the disclosure of, or prohibit, conflicts of
408	interest.
409	Section 8. Meetings; Notice.--The Board of Supervisors
410	shall hold meetings pursuant to sections 189.416 and 189.417,
411	Florida Statutes.
412	Section 9. Reports; Budgets; Audits.--The District shall
413	prepare and submit reports, budgets, and audits as provided in
414	sections 189.415 and 189.418, Florida Statutes.
415	Section 10. District Powers, Functions, and Duties.–-
416	(1) The Authority shall have all powers to carry out the
417	purposes of this act and the functions and duties provided for
418	herein, including the following powers which shall be in addition
419	to and supplementing any other privileges, benefits, and powers
420	granted by this act or general law:
421	(a) To acquire, construct, own, lease, operate, manage,
422	maintain, dispose of, improve, and expand the authority
423	facilities and to have the exclusive control and jurisdiction
424	thereof.
425	(b) To execute all contracts and other documents, adopt
426	all proceedings, and perform all acts determined by the Board of
427	Supervisors as necessary or advisable to carry out the purposes
428	of this act. The Chairperson or Vice Chairperson shall execute
429	contracts and other documents on behalf of the Board of
430	Supervisors.
431	(c) To provide for mandatory water and/or wastewater
432	connections of potential customers, including customers served
433	by onsite sewage treatment and disposal systems, upon
434	availability of service by the Authority within 90 days after
435	notice of availability of such services.
436	(d) To collect rates, fees, and charges from public or
437	quasi-public corporations, municipalities, counties, the state
438	or its agencies, the federal government, or any other public or
439	governmental agencies or bodies for the use or provision of
440	authority facilities or services.
441	(e) To fix, levy, and collect rates, fees, and other
442	charges (including system development charges or impact fees)
443	from persons or property, or both, for the use of the services,
444	facilities, and product of the authority facilities or to pay
445	the operating or financing costs of the authority facilities
446	available to potential users; to fix and collect charges for
447	making connections with the authority facilities; and, to the
448	extent provided by law, to provide for reasonable penalties to
449	be imposed on any users or property for any such rates, fees, or
450	charges that are delinquent.
451	(f) To discontinue or terminate water or wastewater
452	service to any person or customer who violates the provisions of
453	this act or any duly adopted resolutions or regulations of the
454	Authority, including, but not limited to, delinquency of any
455	amounts owed the Authority or failure to connect to the
456	Authority’s facilities or water or wastewater systems and
457	failure to provide to the Authority without cost such easements
458	or property interests as are reasonably required to provide
459	service. Any means of enforcement available to the Authority to
460	require and enforce the use of its service or facilities shall
461	be alternative and supplemental to any other means available to
462	the Authority.
463	(g) To contract for the service of engineers, accountants,
464	attorneys, and other experts or consultants and such other
465	agents and employees as the Board of Supervisors may require or
466	deem appropriate from time to time.
467	(h) To acquire such lands and rights and interests
468	therein, including lands under water and riparian rights; to
469	acquire such personal property as the Authority may deem
470	necessary and appropriate in connection with the acquisition,
471	ownership, expansion, improvement, operation, and maintenance of
472	the authority facilities; and to hold and dispose of all real
473	and personal property under its control. The power of eminent
474	domain, to the maximum extent available to any general purpose
475	local government, may be exercised by the Authority both within
476	and outside the District or service area for the purpose of
477	carrying out the intent of this act.
478	(i) To lease or rent any of its easements, real property
479	interests, or facilities to other utility providers which are
480	owned by a municipality, county, or special district, or which
481	hold a franchise from a municipality or county, with such lease
482	or rental to be for joint use by the Authority and such other
483	utility provider.
484	(j) To adopt all necessary regulations by resolution that
485	provide design and construction specifications and procedures
486	for the dedication of facilities to the Authority. The
487	Authority may require as condition precedent to the approval of
488	any connection to authority facilities:
489	1. That all subdivision type infrastructure, or other
490	contributed transmission or distribution infrastructure
491	necessary to serve a particular project or customer, and
492	necessary easements be approved by and dedicated to the
493	Authority.
494	2. Surety bonds or other guarantees from any developer to
495	ensure completion of construction in compliance with such
496	uniform water and wastewater standards, rules, and regulations
497	adopted by the Authority.
498	3. That the developer make available interim treatment
499	facilities or services or contract for same on an interim basis
500	from an authorized service provider.
501	4. That the developer, or the person or entity the
502	developer has contracted with, provide interim treatment service
503	or lease back for nominal consideration and maintain such
504	dedicated or contributed facilities until such time as the
505	Authority provides services, provided in each case the foregoing
506	actions shall be consistent with the comprehensive plans of any
507	affected general purpose local government.
508	(k) To exercise exclusive jurisdiction, control, and
509	supervision over the authority facilities and to make and
510	enforce such rules and regulations for the maintenance,
511	management, and operation of the authority facilities as may be,
512	in the judgment of the Board of Supervisors, necessary or
513	desirable for the efficient operation of the authority
514	facilities in accomplishing the purposes of this act.
515	(l) To enter into interlocal agreements or join with any
516	other special purpose or general purpose local governments,
517	public agencies, or authorities in the exercise of common
518	powers.
519	(m) To contract with private or public entities or persons
520	to obtain, provide, treat, distribute, or receive potable and
521	nonpotable water or to provide or receive wastewater disposal,
522	collection, or treatment.
523	(n) To prescribe methods of pretreatment of commercial or
524	industrial wastes before accepting such wastes for treatment and
525	to refuse to accept such commercial or industrial wastes when
526	not sufficiently pretreated as may be prescribed, and, to the
527	extent permitted by law, to prescribe penalties including fines
528	or penalties not exceeding $2,000 per day, if the Authority is
529	required by a state or federally mandated program to have the
530	authority and power to fine or charge any person or entity for
531	the refusal to so pretreat such commercial or industrial wastes.
532	(o) To require and enforce the use of services, products,
533	and facilities of the Authority whenever and wherever they are
534	accessible, and to require and enforce the installation and
535	dedication to the Authority of water and wastewater facilities
536	or easements as a condition precedent to the provision of
537	service by the Authority or by another entity authorized by the
538	Authority to provide interim service until authority services,
539	products, and facilities are available.
540	1. Whenever water or wastewater service is required, the
541	owner shall retain a qualified contractor to install the
542	required facilities, extensions, and connections. All
543	facilities shall conform to the Authority’s specified minimum
544	design and construction standards and specifications and
545	applicable growth management, plumbing, and building regulations
546	and codes. The installation and connection process shall
547	provide the owner with the right to control the placement,
548	manner, use, and disposition of the installation on private
549	property, subject to the minimum design and construction
550	standards of the Authority and as is reasonably necessary to
551	protect the efficiency and integrity of the Authority’s
552	facilities. Such control is afforded to the owner to minimize
553	the physical, aesthetic, and other effects of the installation
554	or connection on the affected property. Upon connection, the
555	owner shall be deemed to have granted a license to the Authority
556	to enter upon the affected property to inspect, repair,
557	reconstruct, or otherwise maintain the installation or
558	connection. Unless authorized otherwise, the owner shall be
559	deemed to own such installation located on the owner’s property
560	and may repair, demolish, or construct in the area of the
561	improvement served by the installation or connection, subject to
562	the Authority’s minimum design and construction standards and
563	specifications for the Authority’s facilities, and applicable
564	growth management, plumbing, and building regulations and codes.
565	2. In circumstances in which an owner fails or refuses to
566	connect to the authority facilities, the Authority shall be
567	entitled to seek and employ any legally available remedy to
568	cause the installation of on-site water or wastewater facilities
569	necessary to effectuate the connection of the owner’s premises
570	to authority facilities. Under such circumstances, any
571	installation by the Authority shall be performed after
572	reasonable efforts by the Authority to solicit, and in deference
573	to, the owner’s requests, if any, concerning the placement,
574	manner, use, and disposition of the installation on the owner’s
575	premises subject to the Authority’s applicable minimum design
576	and construction standards and specifications which are
577	reasonably necessary to protect the efficiency and integrity of
578	the Authority’s facilities. Upon connection, the owner shall be
579	deemed to have granted a license to the Authority to enter upon
580	the affected property to inspect, repair, reconstruct, or
581	otherwise maintain the installation or connection. Unless
582	authorized otherwise, the owner shall be deemed to own such
583	installation located on the property and may repair, demolish,
584	or construct in the area of the improvement served by the
585	installation or connection, subject to the Authority’s minimum
586	design and construction standards and specifications for
587	authority facilities, and applicable growth management,
588	plumbing, and building regulations and codes.
589	(p) To sell or otherwise dispose of the effluent, sludge,
590	or other byproducts as a result of water or wastewater
591	treatment.
592	(q) To produce and sell bottled water and to undertake any
593	activity related thereto.
594	(r) To accomplish construction directly or by letting
595	construction contracts to other entities, whether public or
596	private, for all or any part of the construction of improvements
597	to the authority facilities as determined by the Board of
598	Supervisors in accordance with applicable law.
599	(s) To construct, maintain, and operate connecting,
600	intercepting, or outlet wastewater and wastewater mains and
601	pipes and water mains, conduits, or pipelines in, along, or
602	under any streets, alleys, highways, or other public places or
603	ways regulated by or under the jurisdiction of the state or any
604	political subdivision or municipal corporation when necessary or
605	convenient for the purposes of the Authority.
606	(t) Subject to such provisions and restrictions as may be
607	set forth in any financing document, to enter into contracts
608	with the government of the United States or any agency or
609	instrumentality thereof, the state, or any municipality, county,
610	district, authority, political subdivision, private corporation,
611	partnership, association, or individual providing for or
612	relating to the treatment, collection, and disposal of
613	wastewater or the treatment, supply, and distribution of water
614	and any other matters relevant thereto or otherwise necessary to
615	effect the purposes of this act.
616	(u) To receive and accept from any federal or state agency
617	grants or loans for or in aid of the planning, construction,
618	reconstruction, or financing of improvements, additions, or
619	extensions to the authority facilities and to receive and accept
620	aid or contributions or loans from any other source of money,
621	labor, or other things of value, to be held, used, and applied
622	only for the purpose for which such grants, contributions, or
623	loans may be made.
624	(v) To purchase or assume the ownership, lease, operation,
625	management, or control of any publicly or privately owned water
626	or wastewater facilities, including the assumption, defeasance,
627	or payment of the financial liabilities associated with such
628	water and wastewater facilities.
629	(w) To divide the authority facilities into separate
630	units, benefit areas, subsystems, or subdistricts, or otherwise
631	separate a utility system, for imposing special assessments,
632	setting rates, fees, or charges, accounting or financing
633	improvements or additions, or any other purpose.
634	(x) To appoint advisory boards and committees to assist
635	the Board of Supervisors in the exercise and performance of the
636	powers and duties provided in this act.
637	(y) To sue and be sued in the name of the Authority.
638	(z) To adopt and use a seal and authorize the use of a
639	facsimile thereof.
640	(aa) To employ or contract with any public or private
641	entity or person to manage and operate the authority facilities,
642	or any portion thereof, upon such terms as the Board of
643	Supervisors deems appropriate.
644	(bb) Subject to such provisions and restrictions as may be
645	set forth in any financing document, to sell or otherwise
646	dispose of the authority facilities, or any portion thereof,
647	upon such terms as the Board of Supervisors deems appropriate,
648	and to enter into acquisition or other agreements to effect such
649	dispositions.
650	(cc) To acquire by purchase, gift, devise, or otherwise,
651	and to dispose of, real or personal property or any estate
652	therein.
653	(dd) To make and execute contracts or other instruments
654	necessary or convenient to the exercise of its powers.
655	(ee) To provide such deferred compensation, retirement
656	benefits, or other benefits and programs as the Board of
657	Supervisors deems appropriate.
658	(ff) To maintain an office or offices at such place or
659	places as the Board of Supervisors may designate from time to
660	time.
661	(gg) To hold, control, and acquire by donation, purchase,
662	or eminent domain or dispose of any public easements,
663	dedications to public use, platted reservations for public
664	purposes, or any reservations for those purposes authorized by
665	this act and to make use of such easements, dedications, and
666	reservations for any of the purposes authorized by this act.
667	(hh) To lease, as lessor or lessee, to or from any person,
668	firm, corporation, association, or body, public or private,
669	facilities or property of any nature to carry out any of the
670	purposes authorized by this act.
671	(ii) To borrow money and issue bonds, certificates,
672	warrants, notes, obligations, or other evidence of indebtedness.
673	(jj) To assess, levy, impose, collect, and enforce special
674	assessments upon all or any portion of the lands located within
675	the District or service area. Such special assessments may be
676	apportioned among benefited property in a manner proportionate
677	with the benefits received or commensurate with the burdens
678	alleviated by the maintenance and use of property based upon
679	such factors or combination of factors as determined by
680	resolution of the Board of Supervisors. Such special assessments
681	may, in the discretion of the Board of Supervisors, be imposed,
682	collected, and enforced using any methods and procedures
683	authorized by law, including section 197.3632, Florida Statutes,
684	or its successor in function; or the Board of Supervisors may
685	adopt by resolution its own method or procedures or use any
686	other method or means for levy, imposition, collection, and
687	enforcement not inconsistent with law.
688	(kk) To apply for and accept grants, loans, and subsidies
689	from any governmental entity for the acquisition, construction,
690	operation, and maintenance of the authority facilities and to
691	comply with all requirements and conditions imposed in
692	connection therewith.
693	(ll) To the extent allowed by law and to the extent
694	required to effectuate the purposes of this act, to exercise all
695	privileges, immunities, and exemptions accorded municipalities
696	and counties of the state under the provisions of the
697	constitution and laws of the state.
698	(mm) To invest its moneys in such investments as directed
699	by the Board of Supervisors in accordance with state law and
700	which shall be consistent in all instances with the applicable
701	provisions of the financing documents.
702	(nn) To purchase such insurance as it deems appropriate.
703	(oo) To do all acts and to exercise all of the powers
704	necessary, convenient, incidental, implied, or proper, both
705	within and outside of the District and service area, in
706	connection with any of the powers, duties, obligations, or
707	purposes authorized by this act, general law, or any interlocal
708	agreement entered into by the Authority.
709	(2) The Board of Supervisors shall appoint a person or
710	entity to act as Executive Director of the Authority having such
711	official title, functions, duties, and powers as the chief
712	administrative officer of the Authority as the Board of
713	Supervisors may prescribe. The Board of Supervisors shall
714	appoint a person or entity to act as the general counsel for the
715	Authority. The executive director and general counsel shall
716	each answer directly to the Board of Supervisors. Neither the
717	executive director nor general counsel shall be a member of the
718	Board of Supervisors.
719	(3) In exercising the powers conferred by this act, the
720	Board of Supervisors shall act by resolution or motion made and
721	adopted at duly noticed and publicly held meetings in
722	conformance with applicable law.
723	(4) The provisions of chapter 120, Florida Statutes, shall
724	not apply to the Authority.
725	(5) Nothing herein shall be construed to grant the
726	Authority any jurisdiction to regulate the services or rates of
727	any investor-owned utility.
728	Section 11. Creation of State, County, or Municipal Debts
729	Prohibited.--The Authority shall not be empowered or authorized
730	in any manner to create a debt against the state, county, or any
731	municipality and may not pledge the full faith and credit of the
732	state, any county, or any municipality. All revenue bonds or
733	debt obligations shall contain on the face thereof a statement
734	to the effect that the state, county, or any municipality shall
735	not be obligated to pay the same or the interest and that they
736	are only payable from authority revenues or the portion thereof
737	for which they are issued and that neither the full faith and
738	credit nor the taxing power of the state or of any political
739	subdivision thereof is pledged to the payment of the principal
740	of or the interest on such bonds. The issuance of revenue or
741	refunding bonds under the provisions of this act shall not
742	directly or indirectly or contingently obligate the state,
743	county, or any municipality to levy or to pledge any form of
744	taxation whatever therefore or to make any appropriation for
745	their payment.
746	Section 12. Adoption of Rates, Fees, and Charges.--
747	(1) The Board of Supervisors shall adopt by resolution a
748	schedule of rates, fees, or other charges for the use of the
749	services, facilities, and products of the Authority to be paid
750	by each customer which may be connected with or provided service
751	by such authority facilities. The Authority may establish
752	separate rates, fees, and charges for different portions of the
753	authority facilities, including separate rates, fees, and
754	charges for each utility system. The Board of Supervisors may
755	establish different rates, fees, and charges for services,
756	facilities, and products provided by a portion of a utility
757	system provided such rates, fees, and charges are consistent
758	with applicable law.
759	(2) Such rates, fees, and charges shall be adopted and
760	revised so as to provide moneys which, with other funds
761	available for such purposes, shall be at least sufficient at all
762	times to pay the expenses of operating, managing, expanding,
763	improving, and maintaining the authority facilities, including
764	renewal and replacement reserves for such authority facilities;
765	to pay costs and expenses provided for in this act, general law,
766	and the financing documents; to pay the principal and interest
767	on the obligations as the same shall become due and reserves
768	therefore; to timely pay and deliver any obligations in the form
769	of annual transfer amounts due and owing to Osceola County and
770	the City of Kissimmee, or any other general purpose local
771	government under any interlocal agreement; and to provide a
772	reasonable margin of safety over and above the total amount of
773	such payments. Notwithstanding any other provision in this act,
774	such rates, fees, and charges shall always be sufficient to
775	comply fully with any covenants contained in the financing
776	documents. The Authority shall charge and collect such rates,
777	fees, and charges so adopted and revised, and such rates, fees,
778	and charges shall not be subject to the supervision or
779	regulation by any other commission, board, bureau, agency, or
780	other political subdivision of the state.
781	(3) Such rates, fees, and charges for each utility system
782	or portion thereof shall be just, equitable, and uniform for the
783	users in the same class and may be based upon or computed upon
784	any factor (including, by way of example and not limitation,
785	distinguishing between residential and nonresidential customers
786	or uses) or combination of factors affecting the use of the
787	services, products, or facilities furnished to the customers of
788	such utility system or portion thereof, as may be determined by
789	the Board of Supervisors from time to time. Except as described
790	in subsections (6) and (7), no rates, fees, or charges shall be
791	fixed, adopted, or revised under the foregoing provisions of
792	this section until after a duly noticed public hearing at which
793	all of the customers of the authority facilities affected
794	thereby, or owners, tenants, or occupants served or to be served
795	thereby, and all other interested persons shall have an
796	opportunity to be heard concerning the proposed rates, fees, or
797	charges. Notice of such public hearing setting forth the
798	proposed schedule or schedules of rates, fees, or charges shall
799	be given by one publication in a newspaper of general
800	circulation in the portion of the service area or areas affected
801	by such proposed rates, fees, or charges at least 20 days before
802	the date fixed in such notice for the public hearing, which may
803	be adjourned from time to time. After such hearing, the proposed
804	schedule or schedules, either as initially adopted or as
805	modified or amended, may be finally adopted.
806	(4) The rates, fees, or charges adopted for any class of
807	customers served shall be extended to cover any additional
808	customers thereafter served which shall fall within the same
809	class without the necessity of any further hearing or notice.
810	(5) The Board of Supervisors may appoint the Executive
811	Director, a member of the Board of Supervisors, a committee of
812	members of the Board of Supervisors, or a special master to
813	conduct the public hearing or hearings on its behalf relating to
814	rates, fees, and charges. The Executive Director, member of the
815	Board of Supervisors, committee of members of the Board of
816	Supervisors, or designated special master shall act as a hearing
817	officer or hearing officers and report to the Board of
818	Supervisors its findings relating to such public hearing. Only
819	the Board of Supervisors may set or revise rates, fees, and
820	charges.
821	(6) Notwithstanding the provisions of subsection (3) or
822	any other provision of applicable law, upon acquisition of a
823	utility system, no public hearing shall be required for adoption
824	by the Authority by resolution of the rates, fees, and charges
825	contained in the rate tariff relating thereto previously
826	approved by the Florida Public Service Commission or any
827	governmental seller thereof. In the event any rate tariff
828	previously approved by a governmental seller includes such a
829	surcharge authorized by section 180.191, Florida Statutes, the
830	Authority may continue the imposition of any such surcharge
831	provided that the Authority incrementally reduces each year
832	thereafter and ultimately discontinues such surcharge within 10
833	years after any such acquisition by the Authority.
834	(7) Notwithstanding the provisions of subsection (3), no
835	subsequent public hearings to implement a periodic automatic
836	indexing factor shall be required after the adoption by the
837	Board of Supervisors of a periodic automatic indexing factor
838	applicable to the initial or any revised schedule of rates,
839	fees, and charges of any utility system.
840	(8) Notwithstanding anything in this act to the contrary,
841	the Authority may establish a general fund account into which
842	moneys may be deposited from a surcharge not to exceed 2 percent
843	upon the rates, fees, and charges for the authority facilities
844	or portion thereof. Any moneys deposited to such general fund
845	account from such a surcharge on the rates, fees, and charges
846	for authority facilities shall be considered legally available
847	for any lawful purpose approved by the Board of Supervisors.
848	Moneys in such general fund account may be used to pay for
849	initial costs and expenses associated with acquiring authority
850	facilities and any other lawful purpose approved by the Board of
851	Supervisors. However, whenever reasonably practicable, the
852	Board of Supervisors shall endeavor in good faith to recover and
853	return to such general fund account expenditures from benefited
854	ratepayers or landowners that are not determined by the Board of
855	Supervisors to provide a general benefit to the District or
856	service area.
857	(9) The Authority may impose charges for the recovery of
858	all costs and expenditures, including, but not limited to,
859	planning, feasibility studies, construction and engineering
860	document preparation, project development costs, or other costs
861	associated with the planning and development of any project. In
862	the event the Authority determines not to proceed with the
863	construction or implementation of any project and reimbursement
864	of all costs and expenditures is not made to the Authority
865	pursuant to interlocal agreement, grant, or otherwise, the
866	Authority may identify all unrecovered costs and expenditures
867	associated with the planning and development of such project and
868	impose a charge on a potential user basis, per parcel basis, or
869	any other basis which reasonably shares and recovers all or a
870	portion of such unrecovered planning and development costs among
871	the parcel owners or potential users for which the projects were
872	planned or developed.
873	Section 13. System Development Charges; Impact Fees.–-
874	(1) The District is hereby empowered to levy and collect
875	system development charges for capital improvements and debt
876	service on capital improvements within the boundaries of the
877	District and the service areas under any of the following
878	conditions:
879	(a) Whenever a property owner or his or her authorized
880	representative connects an existing structure or improvement to
881	any authority facilities;
882	(b) Whenever a property owner or his or her authorized
883	representative receives a permit from the Florida Department of
884	Environmental Protection, or its successor in function, to
885	extend or connect to authority facilities or applies for a
886	building permit to construct, install, or alter any structure or
887	improvement where such extension, connection, construction,
888	installation, or alteration increases the potential demand on
889	the authority facilities; or
890	(c) Whenever a property owner or his or her authorized
891	representative applies for a building permit to construct,
892	install, or alter any structure or improvement where such
893	construction, installation, or alteration increases the
894	potential demand on the authority facilities, even though the
895	subject property may receive interim utility service from a
896	source other than the District.
897	(2) If the structure or improvement on the property for
898	which a system development charge has been paid is not
899	authorized to connect to the authority facilities within 10
900	years after the date of such payment, the property owner holding
901	legal title at the end of the 10-year period shall be eligible
902	for a refund of the system development charge without interest.
903	In such an event, the District shall notify the property owner
904	at the address reflected on the most recent tax roll of his or
905	her eligibility for a refund by mailing notice to the property
906	owner. Such notice shall fairly explain the procedure for
907	applying for a refund and shall be sent by registered mail with
908	return receipt requested. Any property owner eligible for a
909	refund shall file written application with the Board of
910	Supervisors for a refund within 90 days after the date of
911	mailing of the notice by the District, or such property owner
912	shall be deemed to have waived any right to a refund and the
913	District shall be entitled to retain and apply the system
914	development charge for capital improvements. Failure to
915	construct the improvement for which a system development charge
916	has been paid shall not constitute grounds for a refund, nor
917	shall delay or failure to receive the mailed notice of
918	eligibility for a refund toll the 90-day time limit within which
919	an application for refund must be filed.
920	(3) All system development charges shall, in accordance
921	with accepted general accounting principles, be segregated from
922	all other funds held by the District and accounted for
923	separately. Except as otherwise provided by any financing
924	documents authorizing the issuance of obligations of the
925	District, such accounts shall not be transferred or used for any
926	purpose other than providing capital improvements in the form of
927	authority facilities necessitated by growth or new demand upon
928	the authority facilities and for payment of debt service on
929	obligations issued to finance any such capital improvements.
930	(4) System development charges shall be reviewed at least
931	every 4 years by the District to determine that the charges are
932	equitable and proportionate to the current estimate of costs for
933	providing the capital improvements for which the charges are
934	imposed. The initial schedule of system development charges
935	shall be those already in effect in the District and any
936	subdistricts or applicable service area at the time the District
937	acquires any utility system. The District may thereafter change
938	or revise the schedule of system development charges upon
939	compliance with the notice and hearing requirements set forth
940	for the adoption of rates, fees, and other charges.
941	(5) The District, in it discretion, may permit the owners
942	of existing structures which connect to the District’s system to
943	pay the system development charges on an installment basis with
944	interest in the form of a special assessment. In the event that
945	system development charges shall not be paid as and when due,
946	any unpaid balance thereof together with all reasonable costs of
947	establishing the assessment lien, collection, and statutory
948	discounts may be collected as a non-ad valorem assessment on the
949	same bill as property taxes.
950	(6) Nothing in this act shall be construed to invalidate
951	any system development charges, impact fees, or other capital
952	contribution charges previously levied or collected by Osceola
953	County or the City of Kissimmee under any implied authority to
954	levy and collect such charges; such charges being in the nature
955	of impact fees are hereby ratified and confirmed.
956	(7) In addition to and as an alternative to the provisions
957	of subsections (1) through (6), the District is empowered to
958	levy and collect impact fees within the boundaries of the
959	District and the service area in the same manner and to the same
960	extent as a county or municipality.
961	Section 14. Unpaid Rates, Fees, and Charges to Constitute
962	a Lien.--In the event that the rates, fees, or charges for the
963	use of the services, facilities, and products of the Authority
964	shall not be paid as and when due, any unpaid balance thereof,
965	and all interest accruing thereon, shall be a lien on any parcel
966	or property affected thereby. Such liens shall be superior and
967	paramount to the interest on such parcel or property of any
968	owner, lessee, tenant, mortgage, or other person except the lien
969	of state, county, municipal, and district taxes and other non-ad
970	valorem assessments and shall be on parity with the lien of all
971	such ad valorem property taxes and non-ad valorem assessments.
972	In the event that any such rates, fees, or charges shall not be
973	paid as and when due and shall be in default for 30 days or
974	more, the unpaid balance thereof and any interest accrued
975	thereon not exceeding the legal rate, together with attorney’s
976	fees and costs, may be recovered by the Authority in a civil
977	action, and any such lien and accrued interest may be foreclosed
978	or otherwise enforced by the Authority by action or suit in
979	equity as for the foreclosure of a mortgage on real property;
980	or, alternatively, in lieu of foreclosure, an equivalent amount
981	to such outstanding balance charges may be collected pursuant to
982	sections 197.3632 and 197.3635, Florida Statutes, or any
983	successor statutes, authorizing the collection of charges in the
984	form of special assessments, therein characterized as non-ad
985	valorem assessments, on parity with the lien of ad valorem
986	taxes. However, any such alternative collection procedure shall
987	provide notice to the landowner in the manner required by law,
988	and any existing lien of record on the affected parcel for the
989	delinquent rate, fee, or charge is supplanted by the lien
990	resulting from the certification of any assessment roll to the
991	tax collector.
992	Section 15. Ad Valorem Taxes Authorized Subject to
993	Approval by Referendum; Limitation on Millage.--The Authority is
994	authorized to assess and impose ad valorem taxes at a rate not
995	to exceed 1 mill only upon approval by referendum of electors of
996	the Authority. Such ad valorem taxes shall be levied for and
997	applied to the purposes of the District.
998	Section 16. Enforcement of Taxes.--The collection and
999	enforcement of all non-ad valorem assessments and taxes levied
1000	by the Authority shall be at the same time and in like manner as
1001	county taxes, and the provisions of general law relating to the
1002	sale of lands for unpaid and delinquent county taxes, the
1003	issuance, sale, and delivery of tax certificates for such unpaid
1004	and delinquent county taxes, the redemption thereof, in the
1005	issuance to individuals of tax deeds based thereon, and all
1006	other procedures in connection therewith shall be applicable to
1007	the Authority and the delinquent and unpaid assessments and
1008	taxes of the Authority to the same extent as if said statutory
1009	provisions were expressly set forth in this act. All taxes
1010	shall be subject to the same discounts as county taxes.
1011	Section 17. Bonds and Obligations.-–
1012	(1) The Board of Supervisors shall have the power and is
1013	hereby authorized to provide pursuant to the financing
1014	documents, at one time or from time to time in one or more
1015	series, for the issuance of obligations of the Authority, or
1016	notes in anticipation thereof, for one or more of the following
1017	purposes:
1018	(a) Paying all or part of the cost of one or more
1019	projects.
1020	(b) Refunding any bonds or other indebtedness of the
1021	Authority.
1022	(c) Assuming or repaying the indebtedness relating to
1023	authority facilities acquired or leased by the Authority from a
1024	public or private entity.
1025	(d) Setting aside moneys in a renewal or replacement
1026	account.
1027	(e) Funding a debt service reserve account.
1028	(f) Capitalizing interest on the obligations.
1029	(g) Paying costs of issuance relating to the obligation.
1030	(h) Any other purpose relating to this act.
1031	(2) The principal of and the interest on each series of
1032	obligations shall be payable from the pledged funds, all as
1033	determined pursuant to the financing documents. The Authority
1034	may grant a lien upon and pledge the pledged funds in favor of
1035	the holders of each series of obligations in the manner and to
1036	the extent provided in the financing documents. Such pledged
1037	funds shall immediately be subject to such lien without any
1038	physical delivery thereof, and such lien shall be valid and
1039	binding as against all parties having claims of any kind in
1040	tort, contract, or otherwise against the Authority.
1041	(3) The obligations of each series shall be dated, shall
1042	bear interest at such rate or rates, shall mature at such time
1043	or times not exceeding 40 years from their date or dates, and
1044	may be made redeemable before maturity, at the option of the
1045	Authority, at such price or prices and under such terms and
1046	conditions as shall be determined by the Board of Supervisors
1047	pursuant to the financing documents. The Board of Supervisors
1048	shall determine the form of the obligations and the manner of
1049	executing such obligations and shall fix the denomination of
1050	such obligations and the place of payment of the principal and
1051	interest, which may be at any bank or trust company within or
1052	without the state. In case any officer whose signature or
1053	facsimile of whose signature shall appear on any obligations
1054	shall cease to be such officer before the delivery of such
1055	obligations, such signature or such facsimile shall nevertheless
1056	be valid and sufficient for all purposes the same as if he or
1057	she had remained in office until delivery. The Board of
1058	Supervisors may sell obligations in such manner and for such
1059	price as it may determine to be in the best interest of the
1060	Authority in accordance with the terms of the financing
1061	documents. In addition to the pledged funds, the obligations may
1062	be secured by such credit enhancement as the Board of
1063	Supervisors determines to be appropriate pursuant to the
1064	financing documents. The obligations may be issued as capital
1065	appreciation bonds, current interest bonds, term bonds, serial
1066	bonds, variable bonds, or any combination thereof, all as shall
1067	be determined pursuant to the financing documents.
1068	(4) Prior to the preparation of definitive obligations of
1069	any series, the Board of Supervisors may issue interim receipts,
1070	interim certificates, or temporary obligations, exchangeable for
1071	definitive obligations when such obligations have been executed
1072	and are available for delivery. The Board of Supervisors may
1073	also provide for the replacement of any obligation which shall
1074	become mutilated or be destroyed or lost. Obligations may be
1075	issued without any other proceedings or the happening of any
1076	other conditions or things than those proceedings, conditions,
1077	or things which are specifically required by this act, the
1078	financing documents, or other applicable laws.
1079	(5) The proceeds of any series of obligations shall be
1080	used for such purposes, and shall be disbursed in such manner
1081	and under such restrictions, if any, as the Board of Supervisors
1082	may provide pursuant to the financing documents.
1083	(6) The financing documents may also contain such
1084	limitations upon the issuance of additional obligations as the
1085	Board of Supervisors may deem appropriate, and such additional
1086	obligations shall be issued under such restrictions and
1087	limitations as may be prescribed by such financing documents.
1088	The financing documents may contain such provisions and terms in
1089	relation to the obligations and the pledged funds as the Board
1090	of Supervisors deems appropriate and which shall not be
1091	inconsistent herewith.
1092	(7) Obligations shall not be deemed to constitute a
1093	general obligation debt of the Authority or a pledge of the
1094	faith and credit of the Authority, but such obligations shall be
1095	payable solely from the pledged funds and any moneys received
1096	from the credit enhancers of the obligations in accordance with
1097	the terms of the financing documents. The issuance of
1098	obligations shall not directly, indirectly, or contingently
1099	obligate the Authority to levy or to pledge any form of ad
1100	valorem taxation whatsoever therefor. No holder of any such
1101	obligations shall ever have the right to compel any exercise of
1102	the ad valorem taxing power on the part of the Authority to pay
1103	any such obligations or the interest thereon or the right to
1104	enforce payment of such obligations or the interest thereon
1105	against any property of the Authority, nor shall such
1106	obligations constitute a charge, lien, or encumbrance, legal or
1107	equitable, upon any property of the Authority, except the
1108	pledged funds in accordance with the terms of the financing
1109	documents.
1110	(8) All pledged funds shall be deemed to be trust funds,
1111	to be held and applied solely as provided in the financing
1112	documents. Such pledged funds may be invested by the Authority
1113	in such manner as provided in the financing documents.
1114	(9) Any holder of obligations, except to the extent the
1115	rights herein given may be restricted by the financing
1116	documents, may, either at law or in equity, by suit, action,
1117	mandamus, or other proceeding, protect and enforce any and all
1118	rights under the laws of the state or granted hereunder or under
1119	the financing documents, and may enforce and compel the
1120	performance of all agreements or covenants required by this act,
1121	or by such financing documents, to be performed by the Authority
1122	or by any officer thereof.
1123	(10) The obligations may be validated, at the sole
1124	discretion of the Board of Supervisors, pursuant to chapter 75,
1125	Florida Statutes. Obligations may be issued pursuant to and
1126	secured by a resolution of the Board of Supervisors.
1127	(11) In addition to the other provisions and requirements
1128	of this act, any financing documents may contain such provisions
1129	as the Board of Supervisors deems appropriate.
1130	(12) All obligations issued hereunder shall not be invalid
1131	for any irregularity or defect in the proceedings for the
1132	issuance and sale thereof and shall be incontestable in the
1133	hands of bona fide purchasers for value. No proceedings in
1134	respect to the issuance of such obligations shall be necessary
1135	except such as are required by this act, the financing
1136	documents, and general law. The provisions of the financing
1137	documents shall constitute an irrevocable contract between the
1138	Authority and the holders of the obligations issued pursuant to
1139	the provisions thereof.
1140	(13) Holders of obligations shall be considered third-
1141	party beneficiaries hereunder and may enforce the provisions of
1142	this act or general purpose law.
1143	(14) The Board of Supervisors may enter into such swap,
1144	hedge, or other similar arrangements relating to any obligations
1145	as it deems appropriate.
1146	Section 18. Planning Requirements.--
1147	(1) Within 3 years after the effective date of this act,
1148	the Board of Supervisors shall adopt a master plan which, among
1149	other things:
1150	(a) Identifies current customers, projects, and future
1151	customers.
1152	(b) Profiles customers (residential and non-residential,
1153	e.g. commercial, industrial).
1154	(c) Reviews and generally inventories all existing
1155	infrastructure and treatment facilities within the boundaries of
1156	or served by the District.
1157	(d) Identifies a capital improvement program for the
1158	Authority.
1159	(e) Reviews all current permits and existing regulations
1160	to projected regulations.
1161	(f) Identifies and evaluates potential acquisitions or
1162	service expansions.
1163	(g) Evaluates authority staffing.
1164	(h) Provides for detailed mapping of authority facilities.
1165	(i) Provides for hydraulic analysis of authority
1166	facilities, both existing and proposed.
1167	(j) Evaluates present and future sources of raw water and
1168	treatment requirements for those sources in terms of capacity,
1169	reliability, and economy.
1170	(k) Provides for an analysis of all available wastewater
1171	alternatives, including surface water discharge, wetlands
1172	discharge, percolation facilities, spray irrigation, and deep
1173	well injection.
1174	(l) Identifies reclaimed water storage alternatives and
1175	wet weather backup alternatives.
1176	(m) Identifies current and potential high volume users of
1177	reclaimed water.
1178
1179	Thereafter, the Board of Supervisors shall review and, if
1180	necessary, amend the master plan periodically, but no less often
1181	than every 4 years.
1182	(2) Treatment facility construction or expansion or line
1183	extension policies adopted by the Authority shall be furtherance
1184	of land development regulations adopted by the applicable local
1185	general purpose government or the applicable local government
1186	comprehensive plan.
1187	(3) The construction or expansion of any portion of the
1188	Authority’s facilities, or major alterations which affect the
1189	quantity of the level of service of the Authority’s facilities,
1190	that are undertaken or initiated by the Authority shall be
1191	consistent with the applicable local government comprehensive
1192	plan adopted pursuant to part II of chapter 163, Florida
1193	Statutes; However, no local government comprehensive plan shall
1194	require the Authority to construct, expand, or perform a major
1195	alteration of any public facility which would result in the
1196	impairment of covenants and agreements relating to obligations
1197	issued by the Authority.
1198	(4) When a local government has issued a development order
1199	which approves the construction of public facilities or has
1200	issued a development order pursuant to chapter 380, Florida
1201	Statutes, the local government shall not use the requirements of
1202	this act to limit or modify the rights of the Authority to
1203	approve, construct, modify, operate, or maintain public
1204	facilities authorized by the development order.
1205	(5) Except as provided herein or by law, the Authority
1206	shall take no action which is inconsistent with applicable
1207	comprehensive plans, land development ordinances, or regulations
1208	adopted by any general purpose local government.
1209	(6) The Authority shall comply with the provisions of
1210	sections 189.415 and 189.4155, Florida Statutes.
1211	Section 19. Merger; Dissolution.--
1212	(1) In no event shall a merger involving the Authority be
1213	permitted unless otherwise approved by resolution of all
1214	affected general purpose local governments. Upon the effective
1215	date of this act, any governmental utility authority created by
1216	interlocal agreement between Osceola County and the City of
1217	Kissimmee as a separate legal authority pursuant to section
1218	163.01(7)(g), Florida Statutes, may be merged into the Authority
1219	and this act shall be the surviving charter for the Authority in
1220	all respects.
1221	(2) The charter of the Authority may be revoked or amended
1222	and the Authority dissolved by a special act of the Legislature
1223	or as otherwise provided by law.
1224	(3) The dissolution of the Authority shall occur by law
1225	and transfer the title to all property owned by the Authority in
1226	a manner consistent with chapter 189, Florida Statutes, unless
1227	otherwise provided in a dissolution plan approved by the
1228	referendum or adopted and approved by all affected general
1229	purpose local governments.
1230	Section 20. Effect of Incorporation or Presence of Another
1231	Special District.--The subsequent incorporation or annexation of
1232	any area included within the boundaries of the District or
1233	service area, or the presence or creation of any special
1234	district within the boundaries of the District or service area,
1235	shall not impair or alter the authority, power, obligations, or
1236	purpose of the Authority or its successor in providing water and
1237	wastewater services and facilities within any portion of the
1238	District’s boundaries or authorized service area now included
1239	within Osceola County, any municipality, or special district or
1240	subsequently included within any county, municipality, or
1241	special district.
1242	Section 21. Enforcement and Penalties.--The Board of
1243	Supervisors or any aggrieved person may have recourse to such
1244	remedies in law and equity as may be necessary to ensure
1245	compliance with the provisions of this act, including injunctive
1246	relief to mandate compliance with or enjoin or restrain any
1247	person violating the provisions of this act and any bylaws,
1248	resolutions, regulations, rules, codes, and orders adopted under
1249	this act, and the court shall, upon proof of such failure of
1250	compliance or violation, have the duty to issue forthwith such
1251	temporary and permanent injunctions as are necessary to mandate
1252	compliance with or prevent such further violations thereof.
1253	Section 22. Tax Exemption.--As the exercise of the powers
1254	conferred by this act to effect the purposes of this act
1255	constitutes the performance of essential public functions, and
1256	as the projects of the Authority will constitute public property
1257	used for public purposes, all assets and properties of the
1258	Authority, all obligations issued hereunder and interest paid
1259	thereon, and all rates, fees, charges, and other revenues
1260	derived by the Authority from the projects provided for by this
1261	act or otherwise shall be exempt from all taxes by the state or
1262	any political subdivision, agency, or instrumentality thereof,
1263	except that this exemption shall not apply to interest earnings
1264	subject to taxation under chapter 220, Florida Statutes.
1265	Section 23. Liberal Construction of Act.--This act, being
1266	for the purpose of developing and promoting the public good and
1267	the welfare of Osceola County, the territory included in the
1268	District, and any service area authorized to be served by the
1269	Authority, and the citizens, inhabitants, and taxpayers residing
1270	therein, shall be liberally construed to effect the purposes of
1271	the act and shall be deemed cumulative, supplemental, and
1272	alternative authority for the exercise of the powers provided
1273	herein.
1274	Section 24. Limitation of State Authority.--The state does
1275	hereby pledge to and agree with the holders of any obligations
1276	issued under this act, and with those parties who may enter into
1277	contracts with the Authority pursuant to the provisions of this
1278	act, that the state will not limit or alter the rights hereby
1279	vested in the Authority until such obligations are fully met and
1280	discharged and such contracts are fully performed on the part of
1281	the Authority.
1282	Section 25. It is found and determined that the notice of
1283	intention to apply for this legislation was given in the time,
1284	form, and manner required by the Constitution and laws of the
1285	state. Said notice is found to be sufficient and is hereby
1286	validated and approved.
1287	Section 26. The provisions of this act are severable, and
1288	it is the intention to confer the whole or any part of the
1289	powers herein provided for, and if any of the provisions of this
1290	act or any of the powers granted by this act shall be held
1291	unconstitutional by any court of competent jurisdiction, the
1292	decision of such court shall not affect or impair any of the
1293	remaining provisions of this act or any of the remaining powers
1294	granted by this act. It is hereby declared to be the
1295	legislative intent that this act would have been adopted had
1296	such unconstitutional provision or power not been included
1297	therein.
1298	Section 27. In the event of a conflict of the provisions of
1299	this act with the provisions of any other act, the provisions of
1300	this act shall control to the extent of such conflict. Except as
1301	specifically provided herein, the provisions of this act shall
1302	control over the provisions of any other special or general law.
1303	Section 28. This act shall take effect upon becoming a
1304	law.