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