HB 1265 2003
1	CHAMBER ACTION
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6	The Committee on Local Government & Veterans' Affairs recommends
7	the following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to Osceola County; creating an independent
13	special district known as Tohopekaliga Water Authority;
14	providing legislative findings and intent; providing
15	definitions; describing the district boundaries; providing
16	for service areas subject to the approval of affected
17	general purpose local governments; providing that the
18	purpose of the district shall be for the planning,
19	acquisition, development, operation, and maintenance of
20	water and wastewater management systems within the
21	district and its service area; limiting the provision of
22	district services and facilities to only those areas
23	authorized by affected general purpose local governments;
24	providing for an appointed governing body of the district
25	composed of five supervisors and setting forth their
26	authority, terms of office, qualifications, compensation,
27	and method of appointment; providing for the filling of
28	vacancies in office; providing district powers, functions,
29	and duties; providing for the acquisition of land;
30	providing for the levy and collection of rates, fees,
31	assessments, and other charges for the provision of
32	capital facilities or use of district services or payment
33	of operating and financing costs; providing for borrowing
34	money and issuing bonds, certificates, obligations, or
35	other evidence of indebtedness; prohibiting
36	the creation of state, county, or municipal debt;
37	providing for the collection of unpaid rates, fees,
38	assessments, and other charges; providing for the adoption
39	of a master plan; providing for enforcement and penalties;
40	providing for merger and dissolution; providing for
41	severability; providing an effective date.
42
43	Be It Enacted by the Legislature of the State of Florida:
44
45	Section 1. Popular Name. This act shall be known by the
46	popular name the "Tohopekaliga Water Authority Act."
47	Section 2. Legislative Findings.
48	(1) It is declared as a matter of legislative
49	determination that the extensive growth of population and
50	attendant commerce throughout Osceola County has given rise to
51	public health and water supply concerns in that many of the
52	unincorporated areas of Osceola County are not served by water
53	and sewer facilities normally and generally provided and
54	maintained by governmental agencies and instead are served by
55	private wells and privately owned package sewage treatment
56	plants or septic tanks. The proliferation of such package and
57	sewage treatment plants and the use of septic tanks pose a
58	significant risk of contamination of water supply sources for
59	both incorporated and unincorporated areas of Osceola County.
60	(2) It is declared as a matter of legislative
61	determination that the extensive growth of population and
62	attendant commerce throughout Osceola County has caused affected
63	general purpose local governments within Osceola County to
64	recognize the need to consider, advance, and develop a regional
65	approach to the governmental delivery and provision of potable
66	water, wastewater, nonpotable water, and reclaimed water
67	facilities and services, the protection of the environment, and
68	the use of valuable water resources.
69	(3) Each of the affected general purpose local governments
70	within Osceola County must meet the comprehensive planning
71	requirements of chapter 163, Florida Statutes, which mandate
72	that local governments coordinate their plans for future growth
73	with available resources of funding and availability of
74	infrastructure. The provision of potable and nonpotable water
75	and wastewater services and facilities is a major factor in such
76	infrastructure coordination. A focused regional approach to
77	local governmental ownership and provision of potable and
78	nonpotable water and wastewater utility facilities is desirable
79	and will readily allow Osceola County and the City of Kissimmee,
80	and certain adjacent areas upon approval of any affected general
81	purpose local government, to more effectively meet their
82	statutory mandate with respect to the utilities element of their
83	respective comprehensive plans.
84	(4) It is the intent of the Legislature to create an
85	independent special district in Osceola County that, with the
86	concurrence and approval of affected general purpose local
87	governments, can address and carry out the provision of potable
88	and nonpotable water and wastewater services and facilities in
89	certain areas of Osceola County and certain adjacent areas upon
90	the approval of any affected general purpose local government,
91	as hereinafter provided, to provide economies of scale;
92	eliminate duplicative functions and expenditures; protect the
93	local and regional environment; more efficiently use, preserve,
94	address, protect, and have standing in all respects to use,
95	preserve, address, and protect, valuable local and regional
96	water resources; and advance regional and comprehensive
97	planning.
98	Section 3. Definitions. When used in this act, unless a
99	different meaning appears clearly from the context:
100	(1) “Authority” or “District” means Tohopekaliga Water
101	Authority and, unless the context indicates otherwise, means the
102	independent special district created by this act and identified
103	in section 4, to be known as the Authority or District, and the
104	territory included within the special district.
105	(2) "Authority facilities" means the Authority’s potable
106	and nonpotable water production, transmission, treatment, and
107	distribution facilities, systems, and property, and the
108	Authority’s wastewater treatment, collection, and disposal
109	facilities, systems, and property, including reuse, nonpotable,
110	and reclaimed water facilities and systems, as they may be
111	modified, improved, or expanded from time to time, which are
112	owned, leased, operated, managed, or used, from time to time, by
113	the Authority to provide water and wastewater services.
114	Authority facilities shall include all property, real or
115	personal, tangible or intangible, now or hereafter owned,
116	leased, operated, or managed by the Authority in connection with
117	the provision of water and wastewater services and shall also
118	include any such property used or to be used jointly as
119	specifically provided for herein.
120	(3) "Cost," when used in connection with a project, means:
121	(a) The Authority’s cost of construction.
122	(b) Costs of transfer or acquisition by or for the
123	Authority of such project, including, without limitation, any
124	annual revenue transfer obligations payable to one or more
125	predecessor general purpose local governments pursuant to
126	interlocal agreement.
127	(c) Costs of land and interests thereon and the cost of
128	the Authority incidental to such transfer or acquisition.
129	(d) The cost of any indemnity or surety bonds and premiums
130	for insurance during construction.
131	(e) All interest due to be paid on the obligations
132	relating to the project during the period of acquisition and
133	construction of such project and for periods subsequent to
134	completion of acquisition and construction as the Board of
135	Supervisors may determine by resolution.
136	(f) Engineering, legal, and other consulting fees and
137	expenses.
138	(g) Costs and expenses of the financing incurred for such
139	project, including audits, fees, and expenses of any paying
140	agent, registrar, trustee, consultant, attorney, engineer,
141	credit enhancer, or depository.
142	(h) Payments, when due (whether at the maturity of
143	principal or the due date of interest or upon redemption) on any
144	interim or temporary indebtedness incurred for such project.
145	(i) Costs of machinery, equipment, supplies, and spare
146	parts required by the Authority for the commencement of
147	operation of such project or continuation of operation of such
148	project.
149	(j) Any other costs properly attributable to such project
150	or to the issuance of obligations which finance such project, as
151	determined by generally accepted accounting principles
152	applicable to such project, and shall include reimbursement to
153	the Authority or a predecessor local government for any such
154	items of cost advanced, incurred, or paid by the Authority or a
155	general purpose local government prior to issuance of the
156	obligations issued to finance or acquire such project.
157	Additional items of cost may be provided pursuant to the
158	financing documents.
159	(4) "Financing documents" means the resolution or
160	resolutions duly adopted by the Authority, as well as any
161	indenture of trust, trust agreement, interlocal agreement, or
162	other instrument relating to the issuance or security of any
163	bond or obligations of the Authority.
164	(5) "Obligations" means a series of bonds, obligations, or
165	other evidence of indebtedness, including, but not limited to,
166	notes, commercial paper, capital leases, or any other
167	obligations of the Authority issued hereunder, or under any
168	general law provisions, and pursuant to the financing documents.
169	The term shall also include any lawful obligation committed to
170	by the Authority pursuant to an interlocal agreement with
171	another governmental body or agency.
172	(6) "Pledged funds" means:
173	(a) The revenues, fees, charges, special assessments, and
174	other moneys received by the Authority or its designee relating
175	to its ownership or operation of the Authority facilities, or
176	some portion thereof.
177	(b) Until applied in accordance with the terms of the
178	financing documents, all moneys in the funds, accounts, and sub-
179	accounts established thereby, including investments therein.
180	(c) Such other property, assets, and moneys of the
181	Authority as shall be pledged pursuant to the financing
182	documents, in each case to the extent provided by the Board of
183	Supervisors pursuant to the financing documents. The funds
184	pledged to one series of obligations may be different than the
185	funds pledged to other series of obligations. Pledged funds
186	shall not include any ad valorem tax revenues or general fund
187	account of the Authority.
188	(7) “Project" means any structure, property, or facility
189	which the Authority, from time to time, may determine to
190	construct or acquire as part of its Authority facilities,
191	together with all improvements, equipment, structures, and other
192	facilities necessary or appropriate in connection therewith.
193	This term is to be broadly construed so as to include the lawful
194	undertaking which will accrue, or is reasonably expected to
195	accrue, to the benefit of the Authority facilities, including
196	joint ventures and acquisitions of partial interests or
197	contractual rights. "Project" shall include, but not be limited
198	to, acquisition or transfer of any water or wastewater utility
199	system, water or wastewater utility assets, or securing the
200	right to provide any water or wastewater utility service as
201	provided for in one or more interlocal agreements between the
202	Osceola County Board of County Commissioners and the City
203	Commission of the City of Kissimmee or any other governmental
204	body. "Project" may also include working capital, as well as any
205	costs or judgments associated with litigation.
206	(8) “Ratepayer” means any natural person who pays rates,
207	fees, or charges on a recurring basis to the Authority, or who
208	is an official, officer, member, or employee of any entity,
209	public or private, that pays rates, fees, or charges on a
210	recurring basis to the Authority.
211	(9) “Service area" means the geographic boundaries within
212	which the Authority provides, or is otherwise authorized
213	pursuant to the provisions of this act to provide, water or
214	wastewater services or facilities.
215	Section 4. District Establishment and Creation.
216	(1) There is hereby created and established a special
217	purpose local governmental body, corporate and politic, to be
218	known as Tohopekaliga Water Authority. The Tohopekaliga Water
219	Authority is hereby created and incorporated as an independent
220	special district, pursuant to and in conformance with chapter
221	189, Florida Statutes.
222	(2) The District boundary shall embrace and include:
223	(a) The territory within Osceola County consisting of the
224	incorporated area of the City of Kissimmee and including those
225	areas served or provided with water and wastewater service by
226	the City of Kissimmee on the effective date hereof.
227	(b) All unincorporated areas within Osceola County, less
228	and except any areas included within the Reedy Creek Improvement
229	District, on the effective date hereof, and less and except the
230	territory within Osceola County consisting of the incorporated
231	area of the City of St. Cloud, and including those
232	unincorporated areas authorized by law to be served or provided
233	with water and wastewater service by the City of St. Cloud on
234	the effective date hereof. This act shall not be construed to
235	prohibit or inhibit the City of St. Cloud from lawfully
236	extending, expanding, or providing authorized municipal services
237	and facilities as provided for in section 180.02(3), Florida
238	Statutes. The Authority shall be estopped in any future
239	proceeding conducted pursuant to section 180.03 or section
240	180.04, Florida Statutes, by the City of St. Cloud, or any
241	action arising therefrom, from asserting or claiming the
242	willingness and ability to provide potable water or wastewater
243	service to:
244	1. All lands in Osceola County, Florida, lying in Section
245	8, Township 25 South, Range 31 East.
246	2. All lands in Osceola County, Florida, lying in Section
247	5, Township 25 South, Range 31 East lying easterly of the
248	eastern boundary of Fells Cove Subdivision, according to the
249	plat recorded in the Public Records of Osceola County, Florida,
250	(including specifically the Floridian R.V. Park).
251	3. All lands in Osceola County, Florida lying within
252	Florida Turnpike right-of-way in the Northwest quarter (NW1/4)
253	Section 36, Township 27 South, Range 30 East (Canoe Creek DOT
254	facility).
255
256	The District boundary may be expanded to include any service
257	area within the boundaries of an affected general purpose local
258	government upon the adoption of a resolution by the governing
259	body of the affected general purpose local government
260	authorizing the Authority to provide its service and facilities
261	therein.
262	(3) The Authority is created for all purposes set forth in
263	this act and chapter 189, Florida Statutes, as may be amended
264	from time to time.
265	(4) The charter created by this act may be amended only by
266	special act of the Legislature.
267	(5) The purpose of the District shall be to perform such
268	acts as shall be necessary for the sound planning, acquisition,
269	development, operation, and maintenance of governmentally owned
270	potable and nonpotable water and wastewater management and
271	delivery systems within the District and its service area,
272	including all business facilities necessary and incidental
273	thereto. As provided herein, the Authority shall have exclusive
274	jurisdiction over the acquisition, development, operation, and
275	management of such water and wastewater management systems
276	capable of being provided by general purpose local governments
277	in and for the District boundaries and the service area.
278	Section 5. Authority to Operate in Osceola County or Areas
279	Adjacent to Osceola County; Subject to General Purpose Local
280	Government Consent. By resolution of the governing bodies of
281	each of the general purpose local governments affected, all
282	power and authority available to the Authority under general
283	law, including without limitation, chapters 163, 189, and 197,
284	Florida Statutes, and this act shall be deemed to be irrevocably
285	authorized and may be implemented by the Authority within the
286	boundaries of each of the general purpose local governments
287	affected. Exclusive of the provision of services, facilities, or
288	programs provided on a wholesale or bulk service basis, the
289	Authority shall not provide its potable or nonpotable water or
290	wastewater management or delivery services or programs to retail
291	customers in the District or a service area without entering
292	into an interlocal agreement with any affected general purpose
293	local government which addresses the representation of such
294	retail customers of each affected service area. This act
295	expressly authorizes by law the transfer to the Authority or the
296	contracting by the Authority for the provision of any water or
297	wastewater systems, facilities, or services within the District
298	or its service area.
299	Section 6. Governing Body.
300	(1) The governing body of the Authority shall consist of
301	five members acting as the Board of Supervisors, each of whom
302	shall serve a term of 3 years commencing on October 1, provided
303	the procedure for appointment of members of the Board of
304	Supervisors and their initial terms of office shall be as
305	follows:
306	(a) Board Supervisor No. 1 and Board Supervisor No. 2
307	shall serve for initial terms of approximately 2 years, ending
308	on September 30, 2005. Board Supervisor No. 1 shall be
309	appointed by the Osceola County Board of County Commissioners.
310	Board Supervisor No. 2 shall be appointed by the City Commission
311	of the City of Kissimmee.
312	(b) Board Supervisor No. 3 and Board Supervisor No. 4
313	shall serve initial terms of approximately 3 years, ending on
314	September 30, 2006. Board Supervisor No. 3 shall be appointed
315	by the Osceola Board of County Commissioners. Board Supervisor
316	No. 4 shall be appointed by the City Commission of the City of
317	Kissimmee.
318	(c) Board Supervisor No. 5 shall serve an initial term of
319	approximately 4 years, ending September 30, 2007. Board
320	Supervisor No. 5 shall be collectively appointed by joint
321	resolution of the Osceola County Board of County Commissioners
322	and the City Commission of the City of Kissimmee and shall serve
323	as the Chairperson of the Board of Supervisors.
324	(2) All members of the Board of Supervisors shall be
325	ratepayers and qualified electors of Osceola County or of the
326	service area adjacent to Osceola County in which the District
327	has been authorized to operate. Each of the general purpose
328	local governments responsible for appointing members shall
329	consider but is not required to appoint members with business,
330	real estate development, engineering, accounting, financial,
331	scientific, utility, governmental, or public service
332	backgrounds.
333	(3) Board members shall serve no more than 3 consecutive
334	3-year terms, not including any initial term of less than 3
335	years.
336	(4) Upon the occasion of a vacancy for any reason in the
337	term of office of a member of the Board of Supervisors, which
338	vacancy occurs prior to the replacement of the member by
339	appointment and which remains unfilled for 60 days after such
340	vacancy due to the failure of the respective general purpose
341	local government governing body to duly appoint a successor as
342	provided in subsection (1), a successor shall be appointed by
343	the Governor. Any person appointed to fill a vacancy shall be
344	appointed to serve only for the unexpired term and until a
345	successor is duly appointed.
346	(5) The Board of Supervisors shall elect a Vice
347	Chairperson, Secretary, and such other officers of the Authority
348	as may be hereafter designated and authorized by the Board of
349	Supervisors, each of whom shall serve for 1 year commencing as
350	soon as practicable after October 1 and until his or her
351	successor is chosen. The Chairperson, Vice Chairperson, and
352	Secretary shall conduct the meetings of the Authority and
353	perform such other functions as herein provided. The
354	Chairperson and Vice Chairperson shall take such actions and
355	have all such powers and sign alldocuments on behalf of the
356	Authority in furtherance of this act or as may be approved by
357	resolution of the Board of Supervisors adopted at a duly called
358	meeting. The Vice Chairperson, in the Chairperson’s absence,
359	shall preside at all meetings. The Secretary, or his or her
360	designee, shall keep minutes of all meetings, proceedings, and
361	acts of the Board of Supervisors, but such minutes need not be
362	verbatim. Copies of all minutes of the meetings of the
363	Authority shall promptly be sent by the Secretary, or his or her
364	designee, to all members of the Board of Supervisors and to each
365	general purpose local government located within the District or
366	the service area. The Secretary may also attest to the
367	execution of documents. The Secretary shall have such other
368	powers as may be approved by resolution of the Board of
369	Supervisors adopted at a duly called meeting.
370	(6) The Board of Supervisors shall have those
371	administrative duties set forth in this act and chapter 189,
372	Florida Statutes, as may be amended from time to time. Any
373	certificate, resolution, or instrument signed by the
374	Chairperson, Vice Chairperson, or such other person of the
375	Authority as may hereafter be designated and authorized by the
376	Board of Supervisors shall be evidence of the action of the
377	Authority, and any such certificate, resolution, or other
378	instrument so signed shall be conclusively presumed to be
379	authentic.
380	(7) The members of the Board of Supervisors shall receive
381	as compensation for their services a fee of $100 per meeting,
382	not to exceed 3 meetings per month. The amount of compensation
383	shall be adjusted annually based upon the index provided in
384	section 287.017(2), Florida Statutes, or its successor in
385	function. In addition, each member of the Board of Supervisors
386	shall be reimbursed for expenses as provided in section 112.061,
387	Florida Statutes, or otherwise approved by the Board of
388	Supervisors for travel on Authority business outside of the
389	boundaries of the District or service area of the District.
390	(8) A majority of the Board of Supervisors shall
391	constitute a quorum for the transaction of business of the
392	Authority. The affirmative vote of the majority of the members
393	of the Board of Supervisors present and voting (exclusive of any
394	member having a conflict) shall be necessary to transact
395	business. However, any increase in rates, fees, or charges
396	shall require the affirmative vote of a majority of the entire
397	Board of Supervisors.
398	Section 7. Conflicts of Interest Prohibited. No member,
399	officer, agent, or employee of the Authority, either for himself
400	or herself or as agent for anyone else or as a stockholder or
401	owner in any other legal entity, shall participate in or benefit
402	directly or indirectly from any sale, purchase, lease, contract,
403	or other transaction entered into by the Authority. For the
404	purposes of this act, a direct or indirect benefit or
405	participation shall mean a “special private gain or loss” as
406	defined in the Code of Ethics for Public Officers and Employees,
407	part III of chapter 112, Florida Statutes, and shall be
408	determined in the same manner as the question of “special
409	private gain or loss” would be determined for purposes of a
410	violation of section 112.3143, Florida Statutes, or its
411	successor in function. A member, officer, agent, or employee of
412	the Authority may rely upon an advisory opinion or determination
413	of the State Commission on Ethics or the Authority’s general
414	counsel as to the question of whether or not there would be a
415	special private gain or loss, and such determination shall also
416	be determinative of the ability of the member, officer, agent,
417	or employee to vote under the provisions of this act or of the
418	conduct of the member, officer, agent, or employee under this
419	act. The violation of any provisions of this act is declared to
420	be a criminal offense and misdemeanor within the meaning of
421	section 775.08, Florida Statutes, and shall be punishable as
422	provided by general law. The provisions of this section shall
423	be cumulative to any general laws of the state which are from
424	time to time applicable to members, officers, agents, or
425	employees of the Authority and which require the disclosure of,
426	or prohibit, conflicts of interest.
427	Section 8. Meetings; Notice. The Board of Supervisors
428	shall hold meetings pursuant to sections 189.416 and 189.417,
429	Florida Statutes.
430	Section 9. Reports; Budgets; Audits. The District shall
431	prepare and submit reports, budgets, and audits as provided in
432	sections 189.415 and 189.418, Florida Statutes.
433	Section 10. District Powers, Functions, and Duties.
434	(1) The Authority shall have all powers to carry out the
435	purposes of this act and the functions and duties provided for
436	herein, including the following powers which shall be in
437	addition to and supplementing any other privileges, benefits,
438	and powers granted by this act or general law:
439	(a) To acquire, construct, own, lease, operate, manage,
440	maintain, dispose of, improve, and expand the Authority
441	facilities and to have the exclusive control and jurisdiction
442	thereof.
443	(b) To execute all contracts and other documents, adopt
444	all proceedings, and perform all acts determined by the Board of
445	Supervisors as necessary or advisable to carry out the purposes
446	of this act. The Chairperson or Vice Chairperson shall execute
447	contracts and other documents on behalf of the Board of
448	Supervisors.
449	(c) To provide for mandatory water and/or wastewater
450	connections of potential customers, including customers served
451	by onsite sewage treatment and disposal systems, upon
452	availability of service by the Authority within 90 days after
453	notice of availability of such services.
454	(d) To collect rates, fees, and charges from public or
455	quasi-public corporations, municipalities, counties, the state
456	or its agencies, the federal government, or any other public or
457	governmental agencies or bodies for the use or provision of
458	Authority facilities or services.
459	(e) To fix, levy, and collect rates, fees, and other
460	charges (including system development charges or impact fees)
461	from persons or property, or both, for the use of the services,
462	facilities, and product of the Authority facilities or to pay
463	the operating or financing costs of the Authority facilities
464	available to potential users; to fix and collect charges for
465	making connections with the Authority facilities; and, to the
466	extent provided by law, to provide for reasonable penalties to
467	be imposed on any users or property for any such rates, fees, or
468	charges that are delinquent.
469	(f) To discontinue or terminate water or wastewater
470	service to any person or customer who violates the provisions of
471	this act or any duly adopted resolutions or regulations of the
472	Authority, including, but not limited to, delinquency of any
473	amounts owed the Authority or failure to connect to the
474	Authority’s facilities or water or wastewater systems and
475	failure to provide to the Authority without cost such easements
476	or property interests as are reasonably required to provide
477	service. Any means of enforcement available to the Authority to
478	require and enforce the use of its service or facilities shall
479	be alternative and supplemental to any other means available to
480	the Authority.
481	(g) To contract for the service of engineers, accountants,
482	attorneys, and other experts or consultants and such other
483	agents and employees as the Board of Supervisors may require or
484	deem appropriate from time to time.
485	(h) To acquire such lands and rights and interests
486	therein, including lands under water and riparian rights; to
487	acquire such personal property as the Authority may deem
488	necessary and appropriate in connection with the acquisition,
489	ownership, expansion, improvement, operation, and maintenance of
490	the Authority facilities; and to hold and dispose of all real
491	and personal property under its control. The power of eminent
492	domain, to the maximum extent available to any general purpose
493	local government, may be exercised by the Authority both within
494	and outside the District or service area for the purpose of
495	carrying out the intent of this act.
496	(i) To lease or rent any of its easements, real property
497	interests, or facilities to other utility providers which are
498	owned by a municipality, county, or special district, or which
499	hold a franchise from a municipality or county, with such lease
500	or rental to be for joint use by the Authority and such other
501	utility provider.
502	(j) To adopt all necessary regulations by resolution that
503	provide design and construction specifications and procedures
504	for the dedication of facilities to the Authority. The
505	Authority may require as condition precedent to the approval of
506	any connection to Authority facilities:
507	1. That all subdivision type infrastructure, or other
508	contributed transmission or distribution infrastructure
509	necessary to serve a particular project or customer, and
510	necessary easements be approved by and dedicated to the
511	Authority.
512	2. Surety bonds or other guarantees from any developer to
513	ensure completion of construction in compliance with such
514	uniform water and wastewater standards, rules, and regulations
515	adopted by the Authority.
516	3. That the developer make available interim treatment
517	facilities or services or contract for same on an interim basis
518	from an authorized service provider.
519	4. That the developer, or the person or entity the
520	developer has contracted with, provide interim treatment service
521	or lease back for nominal consideration and maintain such
522	dedicated or contributed facilities until such time as the
523	Authority provides services, provided in each case the foregoing
524	actions shall be consistent with the comprehensive plans of any
525	affected general purpose local government.
526	(k) To exercise exclusive jurisdiction, control, and
527	supervision over the Authority facilities and to make and
528	enforce such rules and regulations for the maintenance,
529	management, and operation of the Authority facilities as may be,
530	in the judgment of the Board of Supervisors, necessary or
531	desirable for the efficient operation of the Authority
532	facilities in accomplishing the purposes of this act.
533	(l) To enter into interlocal agreements or join with any
534	other special purpose or general purpose local governments,
535	public agencies, or authorities in the exercise of common
536	powers.
537	(m) To contract with private or public entities or persons
538	to obtain, provide, treat, distribute, or receive potable and
539	nonpotable water or to provide or receive wastewater disposal,
540	collection, or treatment.
541	(n) To prescribe methods of pretreatment of commercial or
542	industrial wastes before accepting such wastes for treatment and
543	to refuse to accept such commercial or industrial wastes when
544	not sufficiently pretreated as may be prescribed, and, to the
545	extent permitted by law, to prescribe penalties including fines
546	or penalties not exceeding $2,000 per day, if the Authority is
547	required by a state or federally mandated program to have the
548	authority and power to fine or charge any person or entity for
549	the refusal to so pretreat such commercial or industrial wastes.
550	(o) To require and enforce the use of services, products,
551	and facilities of the Authority whenever and wherever they are
552	accessible, and to require and enforce the installation and
553	dedication to the Authority of water and wastewater facilities
554	or easements as a condition precedent to the provision of
555	service by the Authority or by another entity authorized by the
556	Authority to provide interim service until Authority services,
557	products, and facilities are available.
558	1. Whenever water or wastewater service is required, the
559	owner shall retain a qualified contractor to install the
560	required facilities, extensions, and connections. All
561	facilities shall conform to the Authority’s specified minimum
562	design and construction standards and specifications and
563	applicable growth management, plumbing, and building regulations
564	and codes. The installation and connection process shall
565	provide the owner with the right to control the placement,
566	manner, use, and disposition of the installation on private
567	property, subject to the minimum design and construction
568	standards of the Authority and as is reasonably necessary to
569	protect the efficiency and integrity of the Authority’s
570	facilities. Such control is afforded to the owner to minimize
571	the physical, aesthetic, and other effects of the installation
572	or connection on the affected property. Upon connection, the
573	owner shall be deemed to have granted a license to the Authority
574	to enter upon the affected property to inspect, repair,
575	reconstruct, or otherwise maintain the installation or
576	connection. Unless authorized otherwise, the owner shall be
577	deemed to own such installation located on the owner’s property
578	and may repair, demolish, or construct in the area of the
579	improvement served by the installation or connection, subject to
580	the Authority’s minimum design and construction standards and
581	specifications for the Authority’s facilities, and applicable
582	growth management, plumbing, and building regulations and codes.
583	2. In circumstances in which an owner fails or refuses to
584	connect to the Authority facilities, the Authority shall be
585	entitled to seek and employ any legally available remedy to
586	cause the installation of on-site water or wastewater facilities
587	necessary to effectuate the connection of the owner’s premises
588	to Authority facilities. Under such circumstances, any
589	installation by the Authority shall be performed after
590	reasonable efforts by the Authority to solicit, and in deference
591	to, the owner’s requests, if any, concerning the placement,
592	manner, use, and disposition of the installation on the owner’s
593	premises subject to the Authority’s applicable minimum design
594	and construction standards and specifications which are
595	reasonably necessary to protect the efficiency and integrity of
596	the Authority’s facilities. Upon connection, the owner shall be
597	deemed to have granted a license to the Authority to enter upon
598	the affected property to inspect, repair, reconstruct, or
599	otherwise maintain the installation or connection. Unless
600	authorized otherwise, the owner shall be deemed to own such
601	installation located on the property and may repair, demolish,
602	or construct in the area of the improvement served by the
603	installation or connection, subject to the Authority’s minimum
604	design and construction standards and specifications for
605	Authority facilities, and applicable growth management,
606	plumbing, and building regulations and codes.
607	(p) To sell or otherwise dispose of the effluent, sludge,
608	or other byproducts as a result of water or wastewater
609	treatment.
610	(q) To provide wastewater treatment and disposal and
611	develop, receive, recover, treat, store, and supply potable and
612	nonpotable water withdrawn from or accumulated within the
613	District on a retail, wholesale, or bulk service basis.
614	(r) To produce and sell bottled water and to undertake any
615	activity related thereto.
616	(s) To accomplish construction directly or by letting
617	construction contracts to other entities, whether public or
618	private, for all or any part of the construction of improvements
619	to the Authority facilities as determined by the Board of
620	Supervisors in accordance with applicable law.
621	(t) To construct, maintain, and operate connecting,
622	intercepting, or outlet wastewater and wastewater mains and
623	pipes and water mains, conduits, or pipelines in, along, or
624	under any streets, alleys, highways, or other public places or
625	ways regulated by or under the jurisdiction of the state or any
626	political subdivision or municipal corporation when necessary or
627	convenient for the purposes of the Authority.
628	(u) Subject to such provisions and restrictions as may be
629	set forth in any financing document, to enter into contracts
630	with the government of the United States or any agency or
631	instrumentality thereof, the state, or any municipality, county,
632	district, authority, political subdivision, private corporation,
633	partnership, association, or individual providing for or
634	relating to the treatment, collection, and disposal of
635	wastewater or the treatment, supply, and distribution of water
636	and any other matters relevant thereto or otherwise necessary to
637	effect the purposes of this act.
638	(v) To receive and accept from any federal or state agency
639	grants or loans for or in aid of the planning, construction,
640	reconstruction, or financing of improvements, additions, or
641	extensions to the Authority facilities and to receive and accept
642	aid or contributions or loans from any other source of money,
643	labor, or other things of value, to be held, used, and applied
644	only for the purpose for which such grants, contributions, or
645	loans may be made.
646	(w) To purchase or assume the ownership, lease, operation,
647	management, or control of any publicly or privately owned water
648	or wastewater facilities, including the assumption, defeasance,
649	or payment of the financial liabilities associated with such
650	water and wastewater facilities.
651	(x) To divide the Authority facilities into separate
652	units, benefit areas, subsystems, or subdistricts, or otherwise
653	separate a utility system, for imposing special assessments,
654	setting rates, fees, or charges, accounting or financing
655	improvements or additions, or any other purpose.
656	(y) To appoint advisory boards and committees to assist
657	the Board of Supervisors in the exercise and performance of the
658	powers and duties provided in this act.
659	(z) To sue and be sued in the name of the Authority and to
660	participate as a party in any civil, administrative, or other
661	action.
662	(aa) To adopt and use a seal and authorize the use of a
663	facsimile thereof.
664	(bb) To employ or contract with any public or private
665	entity or person to manage and operate the Authority facilities,
666	or any portion thereof, upon such terms as the Board of
667	Supervisors deems appropriate.
668	(cc) Subject to such provisions and restrictions as may be
669	set forth in any financing document, to sell or otherwise
670	dispose of the Authority facilities, or any portion thereof,
671	upon such terms as the Board of Supervisors deems appropriate,
672	and to enter into acquisition or other agreements to effect such
673	dispositions.
674	(dd) To acquire by purchase, gift, devise, or otherwise,
675	and to dispose of, real or personal property or any estate
676	therein.
677	(ee) To make and execute contracts or other instruments
678	necessary or convenient to the exercise of its powers.
679	(ff) To provide such deferred compensation, retirement
680	benefits, or other benefits and programs as the Board of
681	Supervisors deems appropriate.
682	(gg) To maintain an office or offices at such place or
683	places as the Board of Supervisors may designate from time to
684	time.
685	(hh) To hold, control, and acquire by donation, purchase,
686	or eminent domain or dispose of any public easements,
687	dedications to public use, platted reservations for public
688	purposes, or any reservations for those purposes authorized by
689	this act and to make use of such easements, dedications, and
690	reservations for any of the purposes authorized by this act.
691	(ii) To lease, as lessor or lessee, to or from any person,
692	firm, corporation, association, or body, public or private,
693	facilities or property of any nature to carry out any of the
694	purposes authorized by this act.
695	(jj) To borrow money and issue bonds, certificates,
696	warrants, notes, obligations, or other evidence of indebtedness.
697	(kk) To assess, levy, impose, collect, and enforce special
698	assessments upon all or any portion of the lands located within
699	the District or service area. Such special assessments may be
700	apportioned among benefited property in a manner proportionate
701	with the benefits received or commensurate with the burdens
702	alleviated by the maintenance and use of property based upon
703	such factors or combination of factors as determined by
704	resolution of the Board of Supervisors. Such special assessments
705	may, in the discretion of the Board of Supervisors, be imposed,
706	collected, and enforced using any methods and procedures
707	authorized by law, including section 197.3632, Florida Statutes,
708	or its successor in function; or the Board of Supervisors may
709	adopt by resolution its own method or procedures or use any
710	other method or means for levy, imposition, collection, and
711	enforcement not inconsistent with law.
712	(ll) To apply for and accept grants, loans, and subsidies
713	from any governmental entity for the acquisition, construction,
714	operation, and maintenance of the Authority facilities and to
715	comply with all requirements and conditions imposed in
716	connection therewith.
717	(mm) To the extent allowed by law and to the extent
718	required to effectuate the purposes of this act, to exercise all
719	privileges, immunities, and exemptions accorded municipalities
720	and counties of the state under the provisions of the
721	constitution and laws of the state.
722	(nn) To invest its moneys in such investments as directed
723	by the Board of Supervisors in accordance with state law and
724	which shall be consistent in all instances with the applicable
725	provisions of the financing documents.
726	(oo) To purchase such insurance as it deems appropriate.
727	(pp) To do all acts and to exercise all of the powers
728	necessary, convenient, incidental, implied, or proper, both
729	within and outside of the District and service area, in
730	connection with any of the powers, duties, obligations, or
731	purposes authorized by this act, general law, or any interlocal
732	agreement entered into by the Authority.
733	(2) The Board of Supervisors shall appoint a person or
734	entity to act as Executive Director of the Authority having such
735	official title, functions, duties, and powers as the chief
736	administrative officer of the Authority as the Board of
737	Supervisors may prescribe. The Board of Supervisors shall
738	appoint a person or entity to act as the general counsel for the
739	Authority. The executive director and general counsel shall
740	each answer directly to the Board of Supervisors. Neither the
741	executive director nor general counsel shall be a member of the
742	Board of Supervisors.
743	(3) In exercising the powers conferred by this act, the
744	Board of Supervisors shall act by resolution or motion made and
745	adopted at duly noticed and publicly held meetings in
746	conformance with applicable law.
747	(4) The provisions of chapter 120, Florida Statutes, shall
748	not apply to the Authority.
749	(5) Nothing herein shall be construed to grant the
750	Authority any jurisdiction to regulate the services or rates of
751	any investor-owned utility.
752	(6) Nothing herein shall affect the ability of either the
753	City Commission of the City of Kissimmee or Board of County
754	Commissioners of Osceola County to engage in or pursue any civil
755	or administrative action or remedies, including, but not limited
756	to, any proceeding or remedy available under chapter 120,
757	Florida Statutes, or its successor in function.
758	(7) Nothing herein is intended to, or shall be construed
759	to, limit the power of local self-government of a charter county
760	or conflict with the Constitution of the State of Florida or the
761	Osceola County Home Rule Charter approved by vote of the
762	electors on March 3, 1992, and which became effective on October
763	1, 1992.
764	Section 11. Creation of State, County, or Municipal Debts
765	Prohibited. The Authority shall not be empowered or authorized
766	in any manner to create a debt against the state, county, or any
767	municipality and may not pledge the full faith and credit of the
768	state, any county, or any municipality. All revenue bonds or
769	debt obligations shall contain on the face thereof a statement
770	to the effect that the state, county, or any municipality shall
771	not be obligated to pay the same or the interest and that they
772	are only payable from Authority revenues or the portion thereof
773	for which they are issued and that neither the full faith and
774	credit nor the taxing power of the state or of any political
775	subdivision thereof is pledged to the payment of the principal
776	of or the interest on such bonds. The issuance of revenue or
777	refunding bonds under the provisions of this act shall not
778	directly or indirectly or contingently obligate the state,
779	county, or any municipality to levy or to pledge any form of
780	taxation whatever therefore or to make any appropriation for
781	their payment.
782	Section 12. Adoption of Rates, Fees, and Charges.
783	(1) The Board of Supervisors shall adopt by resolution a
784	schedule of rates, fees, or other charges for the use of the
785	services, facilities, and products of the Authority to be paid
786	by each customer which may be connected with or provided service
787	by such Authority facilities. The Authority may establish
788	separate rates, fees, and charges for different portions of the
789	Authority facilities, including separate rates, fees, and
790	charges for each utility system. The Board of Supervisors may
791	establish different rates, fees, and charges for services,
792	facilities, and products provided by a portion of a utility
793	system provided such rates, fees, and charges are consistent
794	with applicable law.
795	(2) Such rates, fees, and charges shall be adopted and
796	revised so as to provide moneys which, with other funds
797	available for such purposes, shall be at least sufficient at all
798	times to pay the expenses of operating, managing, expanding,
799	improving, and maintaining the Authority facilities, including
800	renewal and replacement reserves for such Authority facilities;
801	to pay costs and expenses provided for in this act, general law,
802	and the financing documents; to pay the principal and interest
803	on the obligations as the same shall become due and reserves
804	therefore; to timely pay and deliver any obligations in the form
805	of annual transfer amounts due and owing to Osceola County and
806	the City of Kissimmee, or any other general purpose local
807	government under any interlocal agreement; and to provide a
808	reasonable margin of safety over and above the total amount of
809	such payments. Notwithstanding any other provision in this act,
810	such rates, fees, and charges shall always be sufficient to
811	comply fully with any covenants contained in the financing
812	documents. The Authority shall charge and collect such rates,
813	fees, and charges so adopted and revised, and such rates, fees,
814	and charges shall not be subject to the supervision or
815	regulation by any other commission, board, bureau, agency, or
816	other political subdivision of the state.
817	(3) Such rates, fees, and charges for each utility system
818	or portion thereof shall be just, equitable, and uniform for the
819	users in the same class and may be based upon or computed upon
820	any factor (including, by way of example and not limitation,
821	distinguishing between residential and nonresidential customers
822	or uses) or combination of factors affecting the use of the
823	services, products, or facilities furnished to the customers of
824	such utility system or portion thereof, as may be determined by
825	the Board of Supervisors from time to time. Except as described
826	in subsections (7) and (8), no rates, fees, or charges shall be
827	fixed, adopted, or revised under the foregoing provisions of
828	this section until after a duly noticed public hearing at which
829	all of the customers of the Authority facilities affected
830	thereby, or owners, tenants, or occupants served or to be served
831	thereby, and all other interested persons shall have an
832	opportunity to be heard concerning the proposed rates, fees, or
833	charges. Notice of such public hearing setting forth the
834	proposed schedule or schedules of rates, fees, or charges shall
835	be given by one publication in a newspaper of general
836	circulation in the portion of the service area or areas affected
837	by such proposed rates, fees, or charges at least 20 days before
838	the date fixed in such notice for the public hearing, which may
839	be adjourned from time to time. After such hearing, the proposed
840	schedule or schedules, either as initially adopted or as
841	modified or amended, may be finally adopted.
842	(4) Except as required by any covenant to timely meet,
843	perform, or repay any obligations under any financing documents
844	or as described in subsections (7) and (8), no rates, fees, or
845	charges shall be increased or adopted for 2 years after the
846	effective date of this act, unless the Authority causes a rate
847	consultant to review its rates, fees, charges, gross revenue,
848	operating expenses, and methods of operation and determines that
849	such increase is either predicated upon implementing an
850	identified capital improvement plan or meeting state or federal
851	conservation or water demand management requirements.
852	(5) The rates, fees, or charges adopted for any class of
853	customers served shall be extended to cover any additional
854	customers thereafter served which shall fall within the same
855	class without the necessity of any further hearing or notice.
856	(6) The Board of Supervisors may appoint the Executive
857	Director, a member of the Board of Supervisors, a committee of
858	members of the Board of Supervisors, or a special master to
859	conduct the public hearing or hearings on its behalf relating to
860	rates, fees, and charges. The Executive Director, member of the
861	Board of Supervisors, committee of members of the Board of
862	Supervisors, or designated special master shall act as a hearing
863	officer or hearing officers and report to the Board of
864	Supervisors its findings relating to such public hearing. Only
865	the Board of Supervisors may set or revise rates, fees, and
866	charges.
867	(7) Notwithstanding the provisions of subsection (3) or
868	any other provision of applicable law, upon acquisition of a
869	utility system, no public hearing shall be required for adoption
870	by the Authority by resolution of the rates, fees, and charges
871	contained in the rate tariff relating thereto previously
872	approved by the Florida Public Service Commission or any
873	governmental seller thereof. In the event any rate tariff
874	previously approved by a governmental seller includes such a
875	surcharge authorized by section 180.191, Florida Statutes, the
876	Authority may continue the imposition of any such surcharge
877	provided that the Authority incrementally reduces each year
878	thereafter and ultimately discontinues such surcharge within 15
879	years after any such acquisition by the Authority.
880	(8) Notwithstanding the provisions of subsection (3), no
881	subsequent public hearings to implement a periodic automatic
882	indexing factor shall be required after the adoption by the
883	Board of Supervisors of a periodic automatic indexing factor
884	applicable to the initial or any revised schedule of rates,
885	fees, and charges of any utility system.
886	(9) Notwithstanding anything in this act to the contrary,
887	the Authority may establish a general fund account into which
888	moneys may be deposited from a surcharge not to exceed 2 percent
889	upon the rates, fees, and charges for the Authority facilities
890	or portion thereof. Any moneys deposited to such general fund
891	account from such a surcharge on the rates, fees, and charges
892	for Authority facilities shall be considered legally available
893	for any lawful purpose approved by the Board of Supervisors.
894	Moneys in such general fund account may be used to pay for
895	initial costs and expenses associated with acquiring Authority
896	facilities and any other lawful purpose approved by the Board of
897	Supervisors. However, whenever reasonably practicable, the
898	Board of Supervisors shall endeavor in good faith to recover and
899	return to such general fund account expenditures from benefited
900	ratepayers or landowners that are not determined by the Board of
901	Supervisors to provide a general benefit to the District or
902	service area.
903	(10) The Authority may impose charges for the recovery of
904	all costs and expenditures, including, but not limited to,
905	planning, feasibility studies, construction and engineering
906	document preparation, project development costs, or other costs
907	associated with the planning and development of any project. In
908	the event the Authority determines not to proceed with the
909	construction or implementation of any project and reimbursement
910	of all costs and expenditures is not made to the Authority
911	pursuant to interlocal agreement, grant, or otherwise, the
912	Authority may identify all unrecovered costs and expenditures
913	associated with the planning and development of such project and
914	impose a charge on a potential user basis, per parcel basis, or
915	any other basis which reasonably shares and recovers all or a
916	portion of such unrecovered planning and development costs among
917	the parcel owners or potential users for which the projects were
918	planned or developed.
919	Section 13. System Development Charges; Impact Fees.
920	(1) The District is hereby empowered to levy and collect
921	system development charges for capital improvements and debt
922	service on capital improvements within the boundaries of the
923	District and the service areas under any of the following
924	conditions:
925	(a) Whenever a property owner or his or her authorized
926	representative connects an existing structure or improvement to
927	any Authority facilities;
928	(b) Whenever a property owner or his or her authorized
929	representative receives a permit from the Florida Department of
930	Environmental Protection, or its successor in function, to
931	extend or connect to Authority facilities or applies for a
932	building permit to construct, install, or alter any structure or
933	improvement where such extension, connection, construction,
934	installation, or alteration increases the potential demand on
935	the Authority facilities; or
936	(c) Whenever a property owner or his or her authorized
937	representative applies for a building permit to construct,
938	install, or alter any structure or improvement where such
939	construction, installation, or alteration increases the
940	potential demand on the Authority facilities, even though the
941	subject property may receive interimutility service from a
942	source other than the District.
943	(2) If the structure or improvement on the property for
944	which a system development charge has been paid is not
945	authorized to connect to the Authority facilities within 10
946	years after the date of such payment, the property owner holding
947	legal title at the end of the 10-year period shall be eligible
948	for a refund of the system development charge without interest.
949	In such an event, the District shall notify the property owner
950	at the address reflected on the most recent tax roll of his or
951	her eligibility for a refund by mailing notice to the property
952	owner. Such notice shall fairly explain the procedure for
953	applying for a refund and shall be sent by registered mail with
954	return receipt requested. Any property owner eligible for a
955	refund shall file written application with the Board of
956	Supervisors for a refund within 90 days after the date of
957	mailing of the notice by the District, or such property owner
958	shall be deemed to have waived any right to a refund and the
959	District shall be entitled to retain and apply the system
960	development charge for capital improvements. Failure to
961	construct the improvement for which a system development charge
962	has been paid shall not constitute grounds for a refund, nor
963	shall delay or failure to receive the mailed notice of
964	eligibility for a refund toll the 90-day time limit within which
965	an application for refund must be filed.
966	(3) All system development charges shall, in accordance
967	with accepted general accounting principles, be segregated from
968	all other funds held by the District and accounted for
969	separately. Except as otherwise provided by any financing
970	documents authorizing the issuance of obligations of the
971	District, such accounts shall not be transferred or used for any
972	purpose other than providing capital improvements in the form of
973	Authority facilities necessitated by growth or new demand upon
974	the Authority facilities and for payment of debt service on
975	obligations issued to finance any such capital improvements.
976	(4) System development charges shall be reviewed at least
977	every 4 years by the District to determine that the charges are
978	equitable and proportionate to the current estimate of costs for
979	providing the capital improvements for which the charges are
980	imposed. The initial schedule of system development charges
981	shall be those already in effect in the District and any
982	subdistricts or applicable service area at the time the District
983	acquires any utility system. The District may thereafter change
984	or revise the schedule of system development charges upon
985	compliance with the notice and hearing requirements set forth
986	for the adoption of rates, fees, and other charges.
987	(5) The District, in it discretion, may permit the owners
988	of existing structures which connect to the District’s system to
989	pay the system development charges on an installment basis with
990	interest in the form of a special assessment. In the event that
991	system development charges shall not be paid as and when due,
992	any unpaid balance thereof together with all reasonable costs of
993	establishing the assessment lien, collection, and statutory
994	discounts may be collected as a non-ad valorem assessment on the
995	same bill as property taxes.
996	(6) Nothing in this act shall be construed to invalidate
997	any system development charges, impact fees, or other capital
998	contribution charges previously levied or collected by Osceola
999	County or the City of Kissimmee under any implied authority to
1000	levy and collect such charges; such charges being in the nature
1001	of impact fees are hereby ratified and confirmed.
1002	(7) In addition to and as an alternative to the provisions
1003	of subsections (1) through (6), the District is empowered to
1004	levy and collect impact fees within the boundaries of the
1005	District and the service area in the same manner and to the same
1006	extent as a county or municipality.
1007	Section 14. Unpaid Rates, Fees, and Charges to Constitute
1008	a Lien. In the event that the rates, fees, or charges for the
1009	use of the services, facilities, and products of the Authority
1010	shall not be paid as and when due, any unpaid balance thereof,
1011	and all interest accruing thereon, shall be a lien on any parcel
1012	or property affected thereby. Such liens shall be superior and
1013	paramount to the interest on such parcel or property of any
1014	owner, lessee, tenant, mortgage, or other person except the lien
1015	of state, county, municipal, and district taxes and other non-ad
1016	valorem assessments and shall be on parity with the lien of all
1017	such ad valorem property taxes and non-ad valorem assessments.
1018	In the event that any such rates, fees, or charges shall not be
1019	paid as and when due and shall be in default for 30 days or
1020	more, the unpaid balance thereof and any interest accrued
1021	thereon not exceeding the legal rate, together with attorney’s
1022	fees and costs, may be recovered by the Authority in a civil
1023	action, and any such lien and accrued interest may be foreclosed
1024	or otherwise enforced by the Authority by action or suit in
1025	equity as for the foreclosure of a mortgage on real property;
1026	or, alternatively, in lieu of foreclosure, an equivalent amount
1027	to such outstanding balance charges may be collected pursuant to
1028	sections 197.3632 and 197.3635, Florida Statutes, or any
1029	successor statutes, authorizing the collection of charges in the
1030	form of special assessments, therein characterized as non-ad
1031	valorem assessments, on parity with the lien of ad valorem
1032	taxes. However, any such alternative collection procedure shall
1033	provide notice to the landowner in the manner required by law,
1034	and any existing lien of record on the affected parcel for the
1035	delinquent rate, fee, or charge is supplanted by the lien
1036	resulting from the certification of any assessment roll to the
1037	tax collector.
1038	Section 15. [Reserved]
1039	Section 16. Enforcement of Non-ad Valorem Assessments and
1040	Authorized Taxes. The collection and enforcement of all non-ad
1041	valorem assessments and taxes levied by the Authority shall be
1042	at the same time and in like manner as county taxes, and the
1043	provisions of general law relating to the sale of lands for
1044	unpaid and delinquent county taxes, the issuance, sale, and
1045	delivery of tax certificates for such unpaid and delinquent
1046	county taxes, the redemption thereof, in the issuance to
1047	individuals of tax deeds based thereon, and all other procedures
1048	in connection therewith shall be applicable to the Authority and
1049	the delinquent and unpaid assessments and authorized taxes of
1050	the Authority to the same extent as if said statutory provisions
1051	were expressly set forth in this act. Any authorized taxes
1052	shall be subject to the same discounts as county taxes.
1053	Section 17. Bonds and Obligations.
1054	(1) The Board of Supervisors shall have the power and is
1055	hereby authorized to provide pursuant to the financing
1056	documents, at one time or from time to time in one or more
1057	series, for the issuance of obligations of the Authority, or
1058	notes in anticipation thereof, for one or more of the following
1059	purposes:
1060	(a) Paying all or part of the cost of one or more
1061	projects.
1062	(b) Refunding any bonds or other indebtedness of the
1063	Authority.
1064	(c) Assuming or repaying the indebtedness relating to
1065	Authority facilities acquired or leased by the Authority from a
1066	public or private entity.
1067	(d) Setting aside moneys in a renewal or replacement
1068	account.
1069	(e) Funding a debt service reserve account.
1070	(f) Capitalizing interest on the obligations.
1071	(g) Paying costs of issuance relating to the obligation.
1072	(h) Any other purpose relating to this act.
1073	(2) The principal of and the interest on each series of
1074	obligations shall be payable from the pledged funds, all as
1075	determined pursuant to the financing documents. The Authority
1076	may grant a lien upon and pledge the pledged funds in favor of
1077	the holders of each series of obligations in the manner and to
1078	the extent provided in the financing documents. Such pledged
1079	funds shall immediately be subject to such lien without any
1080	physical delivery thereof, and such lien shall be valid and
1081	binding as against all parties having claims of any kind in
1082	tort, contract, or otherwise against the Authority.
1083	(3) The obligations of each series shall be dated, shall
1084	bear interest at such rate or rates, shall mature at such time
1085	or times not exceeding 40 years from their date or dates, and
1086	may be made redeemable before maturity, at the option of the
1087	Authority, at such price or prices and under such terms and
1088	conditions as shall be determined by the Board of Supervisors
1089	pursuant to the financing documents. The Board of Supervisors
1090	shall determine the form of the obligations and the manner of
1091	executing such obligations and shall fix the denomination of
1092	such obligations and the place of payment of the principal and
1093	interest, which may be at any bank or trust company within or
1094	without the state. In case any officer whose signature or
1095	facsimile of whose signature shall appear on any obligations
1096	shall cease to be such officer before the delivery of such
1097	obligations, such signature or such facsimile shall nevertheless
1098	be valid and sufficient for all purposes the same as if he or
1099	she had remained in office until delivery. The Board of
1100	Supervisors may sell obligations in such manner and for such
1101	price as it may determine to be in the best interest of the
1102	Authority in accordance with the terms of the financing
1103	documents. In addition to the pledged funds, the obligations may
1104	be secured by such credit enhancement as the Board of
1105	Supervisors determines to be appropriate pursuant to the
1106	financing documents. The obligations may be issued as capital
1107	appreciation bonds, current interest bonds, term bonds, serial
1108	bonds, variable bonds, or any combination thereof, all as shall
1109	be determined pursuant to the financing documents.
1110	(4) Prior to the preparation of definitive obligations of
1111	any series, the Board of Supervisors may issue interim receipts,
1112	interim certificates, or temporary obligations, exchangeable for
1113	definitive obligations when such obligations have been executed
1114	and are available for delivery. The Board of Supervisors may
1115	also provide for the replacement of any obligation which shall
1116	become mutilated or be destroyed or lost. Obligations may be
1117	issued without any other proceedings or the happening of any
1118	other conditions or things than those proceedings, conditions,
1119	or things which are specifically required by this act, the
1120	financing documents, or other applicable laws.
1121	(5) The proceeds of any series of obligations shall be
1122	used for such purposes, and shall be disbursed in such manner
1123	and under such restrictions, if any, as the Board of Supervisors
1124	may provide pursuant to the financing documents.
1125	(6) The financing documents may also contain such
1126	limitations upon the issuance of additional obligations as the
1127	Board of Supervisors may deem appropriate, and such additional
1128	obligations shall be issued under such restrictions and
1129	limitations as may be prescribed by such financing documents.
1130	The financing documents may contain such provisions and terms in
1131	relation to the obligations and the pledged funds as the Board
1132	of Supervisors deems appropriate and which shall not be
1133	inconsistent herewith.
1134	(7) Obligations shall not be deemed to constitute a
1135	general obligation debt of the Authority or a pledge of the
1136	faith and credit of the Authority, but such obligations shall be
1137	payable solely from the pledged funds and any moneys received
1138	from the credit enhancers of the obligations in accordance with
1139	the terms of the financing documents. The issuance of
1140	obligations shall not directly, indirectly, or contingently
1141	obligate the Authority to levy or to pledge any form of ad
1142	valorem taxation whatsoever therefor. No holder of any such
1143	obligations shall ever have the right to compel any exercise of
1144	the ad valorem taxing power on the part of the Authority to pay
1145	any such obligations or the interest thereon or the right to
1146	enforce payment of such obligations or the interest thereon
1147	against any property of the Authority, nor shall such
1148	obligations constitute a charge, lien, or encumbrance, legal or
1149	equitable, upon any property of the Authority, except the
1150	pledged funds in accordance with the terms of the financing
1151	documents.
1152	(8) All pledged funds shall be deemed to be trust funds,
1153	to be held and applied solely as provided in the financing
1154	documents. Such pledged funds may be invested by the Authority
1155	in such manner as provided in the financing documents.
1156	(9) Any holder of obligations, except to the extent the
1157	rights herein given may be restricted by the financing
1158	documents, may, either at law or in equity, by suit, action,
1159	mandamus, or other proceeding, protect and enforce any and all
1160	rights under the laws of the state or granted hereunder or under
1161	the financing documents, and may enforce and compel the
1162	performance of all agreements or covenants required by this act,
1163	or by such financing documents, to be performed by the Authority
1164	or by any officer thereof.
1165	(10) The obligations may be validated, at the sole
1166	discretion of the Board of Supervisors, pursuant to chapter 75,
1167	Florida Statutes. Obligations may be issued pursuant to and
1168	secured by a resolution of the Board of Supervisors.
1169	(11) In addition to the other provisions and requirements
1170	of this act, any financing documents may contain such provisions
1171	as the Board of Supervisors deems appropriate.
1172	(12) All obligations issued hereunder shall not be invalid
1173	for any irregularity or defect in the proceedings for the
1174	issuance and sale thereof and shall be incontestable in the
1175	hands of bona fide purchasers for value. No proceedings in
1176	respect to the issuance of such obligations shall be necessary
1177	except such as are required by this act, the financing
1178	documents, and general law. The provisions of the financing
1179	documents shall constitute an irrevocable contract between the
1180	Authority and the holders of the obligations issued pursuant to
1181	the provisions thereof.
1182	(13) Holders of obligations shall be considered third-
1183	party beneficiaries hereunder and may enforce the provisions of
1184	this act or general purpose law.
1185	(14) The Board of Supervisors may enter into such swap,
1186	hedge, or other similar arrangements relating to any obligations
1187	as it deems appropriate.
1188	Section 18. Planning Requirements.
1189	(1) Within 3 years after the effective date of this act,
1190	the Board of Supervisors shall adopt a master plan which, among
1191	other things:
1192	(a) Identifies current customers, projects, and future
1193	customers.
1194	(b) Profiles customers (residential and non-residential,
1195	e.g. commercial, industrial).
1196	(c) Reviews and generally inventories all existing
1197	infrastructure and treatment facilities within the boundaries of
1198	or served by the District.
1199	(d) Identifies a capital improvement program for the
1200	Authority.
1201	(e) Reviews all current permits and existing regulations
1202	to projected regulations.
1203	(f) Identifies and evaluates potential acquisitions or
1204	service expansions.
1205	(g) Evaluates Authority staffing.
1206	(h) Provides for detailed mapping of Authority facilities.
1207	(i) Provides for hydraulic analysis of Authority
1208	facilities, both existing and proposed.
1209	(j) Evaluates present and future sources of raw water and
1210	treatment requirements for those sources in terms of capacity,
1211	reliability, and economy.
1212	(k) Provides for an analysis of all available wastewater
1213	alternatives, including surface water discharge, wetlands
1214	discharge, percolation facilities, spray irrigation, and deep
1215	well injection.
1216	(l) Identifies reclaimed water storage alternatives and
1217	wet weather backup alternatives.
1218	(m) Identifies current and potential high volume users of
1219	reclaimed water.
1220
1221	Thereafter, the Board of Supervisors shall review and, if
1222	necessary, amend the master plan periodically, but no less often
1223	than every 4 years.
1224	(2) Treatment facility construction or expansion or line
1225	extension policies adopted by the Authority shall be furtherance
1226	of land development regulations adopted by the applicable local
1227	general purpose government or the applicable local government
1228	comprehensive plan.
1229	(3) The construction or expansion of any portion of the
1230	Authority’s facilities, or major alterations which affect the
1231	quantity of the level of service of the Authority’s facilities,
1232	that are undertaken or initiated by the Authority shall be
1233	consistent with the applicable local government comprehensive
1234	plan adopted pursuant to part II of chapter 163, Florida
1235	Statutes; However, no local government comprehensive plan shall
1236	require the Authority to construct, expand, or perform a major
1237	alteration of any public facility which would result in the
1238	impairment of covenants and agreements relating to obligations
1239	issued by the Authority.
1240	(4) Except as provided by law, the Authority shall take no
1241	action which is inconsistent with applicable comprehensive
1242	plans, land development ordinances, or regulations adopted by
1243	any general purpose local government.
1244	(5) The Authority shall comply with the provisions of
1245	sections 189.415 and 189.4155, Florida Statutes.
1246	Section 19. Merger; Dissolution.
1247	(1) In no event shall a merger involving the Authority be
1248	permitted unless otherwise approved by resolution of all
1249	affected general purpose local governments. Upon the effective
1250	date of this act, any governmental utility authority created by
1251	interlocal agreement between Osceola County and the City of
1252	Kissimmee as a separate legal authority pursuant to section
1253	163.01(7)(g), Florida Statutes, may be merged into the Authority
1254	and this act shall be the surviving charter for the Authority in
1255	all respects.
1256	(2) The charter of the Authority may be revoked or amended
1257	and the Authority dissolved by a special act of the Legislature
1258	or as otherwise provided by law.
1259	(3) The dissolution of the Authority shall occur by law
1260	and transfer the title to all property owned by the Authority in
1261	a manner consistent with chapter 189, Florida Statutes, unless
1262	otherwise provided in a dissolution plan approved and adopted by
1263	resolution upon a 4/5 vote of both the City Commission of the
1264	City of Kissimmee and the Board of County Commissioners of
1265	Osceola County.
1266	Section 20. Effect of Incorporation or Presence of Another
1267	Special District. To the maximum extent permitted by law, the
1268	subsequent incorporation or annexation of any area included
1269	within the boundaries of the District or service area, or the
1270	presence or creation of any special district within the
1271	boundaries of the District or service area, shall not impair or
1272	alter the authority, power, obligations, or purpose of the
1273	Authority or its successor in providing water and wastewater
1274	services and facilities within any portion of the District’s
1275	boundaries or authorized service area now included within
1276	Osceola County, any municipality, or special district or
1277	subsequently included within any county, municipality, or
1278	special district. Nothing herein shall be construed to limit or
1279	affect the powers of any municipal services benefit unit or
1280	dependent special district established by any charter county.
1281	Section 21. Enforcement and Penalties. The Board of
1282	Supervisors or any aggrieved person may have recourse to such
1283	remedies in law and equity as may be necessary to ensure
1284	compliance with the provisions of this act, including injunctive
1285	relief to mandate compliance with or enjoin or restrain any
1286	person violating the provisions of this act and any bylaws,
1287	resolutions, regulations, rules, codes, and orders adopted under
1288	this act, and the court shall, upon proof of such failure of
1289	compliance or violation, have the duty to issue forthwith such
1290	temporary and permanent injunctions as are necessary to mandate
1291	compliance with or prevent such further violations thereof.
1292	Section 22. Tax Exemption. As the exercise of the powers
1293	conferred by this act to effect the purposes of this act
1294	constitutes the performance of essential public functions, and
1295	as the projects of the Authority will constitute public property
1296	used for public purposes, all assets and properties of the
1297	Authority, all obligations issued hereunder and interest paid
1298	thereon, and all rates, fees, charges, and other revenues
1299	derived by the Authority from the projects provided for by this
1300	act or otherwise shall be exempt from all taxes by the state or
1301	any political subdivision, agency, or instrumentality thereof,
1302	except that this exemption shall not apply to interest earnings
1303	subject to taxation under chapter 220, Florida Statutes.
1304	Section 23. Liberal Construction of Act. This act, being
1305	for the purpose of developing and promoting the public good and
1306	the welfare of Osceola County, the territory included in the
1307	District, and any service area authorized to be served by the
1308	Authority, and the citizens, inhabitants, and taxpayers residing
1309	therein, shall be liberally construed to effect the purposes of
1310	the act and shall be deemed cumulative, supplemental, and
1311	alternative authority for the exercise of the powers provided
1312	herein.
1313	Section 24. Limitation of State Authority. The state does
1314	hereby pledge to and agree with the holders of any obligations
1315	issued under this act, and with those parties who may enter into
1316	contracts with the Authority pursuant to the provisions of this
1317	act, that the state will not limit or alter the rights hereby
1318	vested in the Authority until such obligations are fully met and
1319	discharged and such contracts are fully performed on the part of
1320	the Authority.
1321	Section 25. Sufficiency of Notice. It is found and
1322	determined that the notice of intention to apply for this
1323	legislation was given in the time, form, and manner required by
1324	the Constitution and laws of the state. Said notice is found to
1325	be sufficient and is hereby validated and approved.
1326	Section 26. Severability. The provisions of this act are
1327	severable, and it is the intention to confer the whole or any
1328	part of the powers herein provided for, and if any of the
1329	provisions of this act or any of the powers granted by this act
1330	shall be held unconstitutional by any court of competent
1331	jurisdiction, the decision of such court shall not affect or
1332	impair any of the remaining provisions of this act or any of the
1333	remaining powers granted by this act. It is hereby declared to
1334	be the legislative intent that this act would have been adopted
1335	had such unconstitutional provision or power not been included
1336	therein.
1337	Section 27. Conflict. In the event of a conflict of the
1338	provisions of this act with the provisions of any other act, the
1339	provisions of this act shall control to the extent of such
1340	conflict.
1341	Section 28. This act shall take effect upon becoming a
1342	law.