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.