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