Bill Text: HB 1449

HB 1449

2003

A bill to be entitled

An act relating to Indian River and Brevard Counties;

codifying, amending, and reenacting special acts relating

to the Sebastian Inlet Tax District; providing for a

governing body; providing powers and duties; providing for

construction and maintenance of an inlet between the

Indian River and the Atlantic Ocean; authorizing the levy

of taxes; providing severability; providing applicability;

repealing chapters 7976 (1919), 8901 (1921), 12259 (1927),

18138 (1937), 18139 (1937), 22891 (1945), 63-910, 76-329,

78-470, 82-307, and 88-535, Laws of Florida; providing an

effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Pursuant to section 189.429, Florida Statutes,

this act constitutes the codification of all special acts

relating to the Sebastian Inlet Tax District, also known as the

Sebastian Inlet District. It is the intent of the Legislature in

enacting this law to provide a single, comprehensive special act

charter for the district, including all current legislative

authority granted to the district by its several legislative

enactments and any additional authority granted by this act.

Section 2. Chapters 7976 (1919), 8901 (1921), 12259

(1927), 18138 (1937), 18139 (1937), 22891 (1945), 63-910, 76-

329, 78-470, 82-307, and 88-535, Laws of Florida, are codified,

reenacted, amended, and repealed as herein provided.

Section 3. The Sebastian Inlet Tax District is reenacted,

and the charter for the district is re-created and reenacted to

read:

Section 1. A special taxing district is hereby created to

be known as the Sebastian Inlet Tax District, to consist so much

of Brevard and Indian River Counties, Florida as is described

and embraced in the following boundaries, to-wit:

All of the Third Commissioner's District of Brevard

County and that part of the Fourth Commissioner's

District of Brevard County, Florida, bounded on the

north by the township line between Township Twenty-

five (25) , and Township Twenty-six (26) and all of

that part of Indian River County, Florida, which

comprised and made up the First Commissioner's

District of Saint Lucie County, Florida, as located

and established upon the passage of Chapter 7976, Laws

of Florida, Special Acts of 1919 aforesaid.

Section 2. A governing body of said Sebastian Inlet Tax

District, to be known and designated as the "Board of

Commissioners of Sebastian Inlet Tax District," shall be

composed of five members, who shall have been and shall be

elected as provided by law. Said governing body shall have all

the powers of a body corporate, including the power to sue and

be sued as a corporation in said name in any court; to contract;

to adopt and use a common seal and alter the same at pleasure;

to purchase or otherwise acquire, own, hold, lease, sell,

mortgage, and convey or otherwise dispose of such real estate

and personal property as said Board may deem proper to carry out

the purposes of this act; to appoint during its pleasure a Chief

Engineer, a Consulting Engineer, and such agents and employees

as said Board may require or deem advisable; and to borrow money

and to issue negotiable promissory notes or bonds therefor to

enable it to carry out the provisions of this act.

Section 3. (a) Members of the Board shall be elected at

the general election held in November of each even-numbered

year. The terms of office of such Board members shall be for 4

years and until their successors are duly elected and qualified.

Each member shall be a qualified elector and resident within the

District; however, three members, or a majority, of the Board

shall reside in the county within the District's boundaries with

the larger population. Two members shall reside in the other

county. All candidates for office shall stand for election in

all precincts of the District.

1. The terms of the Board members shall be staggered, with

three Board members standing for election in one general

election for a 4-year term, and two Board members shall be

elected 2 years later at the general election for a 4-year term.

2. Newly elected Board members shall take office at the

next regularly scheduled meeting of the Board, or, if that

meeting is not planned within 30 days after the election, then a

special meeting shall be called for the purpose of seating the

new members of the Board and providing them with an orientation.

(b) Board members shall be elected on a nonpartisan basis

by a majority of the qualified electors of the District voting

at the election to be held in both Indian River and Brevard

Counties as follows:

1. Any candidate for membership on the Board shall qualify

as provided by law. The ballots shall be in the form for

general elections as provided by law.

2. The election officials of each voting district or

precinct within the Sebastian Inlet Tax District shall conduct

the election of the members of the Board of Commissioners of the

District at the time of conducting such general election. Each

voter who is qualified to vote in each such general election in

the respective election districts or precincts situated within

the boundaries of the Sebastian Inlet Tax District and who

resides within the boundaries of such District shall be entitled

to cast a ballot for the election of members of the Board of

Commissioners of said Sebastian Inlet Tax District.

3. Upon the closing of the polls in each election district

100

or precinct, the officials conducting such elections shall tally

101

the votes cast for members of the Board of Commissioners of the

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Sebastian Inlet Tax District. The vote shall be canvassed in the

103

manner provided by general law.

104

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shall be required to give to the Sebastian Inlet Tax District a

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good and sufficient surety bond in the sum of $2,000 conditioned

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for the faithful performance of the duties of his or her office

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and said bond to be approved by and filed with the Clerk of the

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Circuit Court of Brevard County. Said bond shall be recorded in

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the minutes of said Board of Commissioners of said Sebastian

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Inlet Tax District. The failure of any person so elected as a

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member of the Board of Commissioners of the Sebastian Inlet Tax

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District to give such bond within 30 days after his or her

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election as such shall create a vacancy as to such Board member.

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In such event or in the event of any vacancy on said Board of

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Commissioners of the Sebastian Inlet Tax District, whether by

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resignation, death, removal from the District, or otherwise,

118

within 30 days after the existence of such vacancy, the Governor

119

of the State of Florida shall appoint a Board member as provided

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by law to fill such vacancy, who shall serve for the remainder

121

of such expired term and who shall give bond as hereinbefore

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provided.

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(d) All meetings shall be open to the public. The Board

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shall conduct all meetings in accordance with chapter 286,

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Florida Statutes. In addition, notice of the meetings shall be

126

sent to the news media at least 7 days in advance, stating the

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time, date, location, and purpose of the meeting. A majority of

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the members may convene in special session when called by a

129

majority of the members or the chair. Actions taken at special

130

meetings shall have the same force and effect as if taken at a

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regular meeting. Two days' written notice of the time and

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purpose of a special meeting shall be given to all members and

133

the news media. The minutes of the meeting shall set forth the

134

facts regarding the procedure in calling the meeting and the

135

reason therefor and shall be signed either by the chair or by a

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majority of the members. Upon due public notice, regular or

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special meetings of the Board shall be held at any appropriate

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public place in the District which is readily accessible to the

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general public; however, at least 50 percent of the number of

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meetings of the Board held each year shall be held in Indian

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River County.

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(e) All bookkeeping and accounting of the District shall

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meet the requirements imposed by law for special districts.

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(f) All purchasing and bidding shall be in accordance with

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the procedures used by the Brevard County Board of

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Commissioners.

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Section 4. As soon as practicable after this act becomes a

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law, the Board holding over or after they have been duly elected

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or appointed and have qualified, they shall meet and organized

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by the election, from among their number, of a chair, a vice-

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chair, a secretary/treasurer. Three members of the Board shall

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constitute a quorum. The affirmative vote of two members shall

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be necessary to transact business. The chair and all members of

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the said Board present shall vote at meetings of the Board as

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provided by law.

156

Section 5. The members of the Board shall each receive the

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sum of $3,600 per year commencing October 1, 2003. The salary

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shall be paid in monthly installments as compensation for

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serving on the Board, but Board members shall not be reimbursed

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for any travel expenses inside the boundaries of the District.

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The members of the Board shall be reimbursed for per diem and

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travel expenses outside the boundaries of the District in

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accordance with the law.

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The members of the Board shall set their own compensation

165

for each fiscal year commencing October 1, 2004, provided the

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Board shall not increase its members’ compensation for any

167

fiscal year by a percentage greater than the percentage the

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Consumer Price Index for Urban Wage Earners and Clerical Workers

169

(CPI-W) increased from the date of the commencement of the

170

fiscal year when the Board members last received an increase in

171

their compensation. In the event the U.S. Department of Labor no

172

longer publishes the Consumer Price Index, the Board must use a

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similar published standard to set any increase in its

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compensation.

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Section 6. It shall be the duty of said Board of

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Commissioners of Sebastian Inlet Tax District to construct,

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improve, widen or deepen, and maintain the inlet between the

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Indian River and the Atlantic Ocean. With character, manner of

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construction of said inlet shall be determined by said Board of

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Commissioners with the approval and recommendation of the Chief

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Engineer, and said Board is further authorized to do all acts

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and things proper, necessary, or convenient for the aforesaid

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purposes. The opening and maintenance of such inlet or waterway

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connecting the waters of the Atlantic Ocean with the waters of

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the Indian River within the Sebastian Inlet Tax District are

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hereby found and declared to be for public purposes and to be

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necessary for the use of shipping and for transportation and for

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the extension of commerce of the State of Florida and of said

189

District, and also to be necessary for the maintenance of the

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health of the inhabitants of the territory embraced in the said

191

District and for the convenience, comfort, and welfare of the

192

said District and the inhabitants thereof. The District is

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authorized to conduct such programs and projects as it finds

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necessary or convenient for beach renourishment, erosion

195

control, environmental protection, navigation, boating,

196

recreation, and public safety for the operation and maintenance

197

of the inlet and the waters of the Atlantic Ocean and Indian

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River Lagoon adjacent thereto.

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Section 7. The Board shall elect a Chief Engineer. The

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depth, width, character, and manner of improvement and

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construction of said inlet or waterway shall be determined by

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said Board upon the approval and recommendation of the Chief

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Engineer of the Board. The Board, in setting the depth of the

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inlet, shall consider the impact on navigation from the

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Intracoastal Waterway to the Atlantic Ocean.

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Section 8. The said Board shall have the power and

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authority to hold, control, and acquire by gift or purchase, for

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the use of the District, any real or personal property and to

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condemn any lands or easements needed for the purposes of the

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District. Said Board is authorized to exercise the right of

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eminent domain and institute and maintain condemnation

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proceedings as prescribed by the laws of Florida.

213

Section 9. The Board of Commissioners of Sebastian Inlet

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Tax District is hereby authorized and empowered to levy upon all

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of the real and personal taxable property in said District a

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special tax not exceeding 1 1/2 mills on the dollar for the year

217

1977, and for each and every year thereafter, to be used solely

218

for the purpose authorized and prescribed by this act. Said levy

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shall be made each year, not later than September 30 of each

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year by resolution of the Board, or a majority thereof, duly

221

entered at large upon its minutes. Certified copies of such

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resolution executed in the name of the Board by its chair and

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secretary and under its corporate seal shall be made and

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delivered to the Board of County Commissioners of Indian River

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County, to the Board of County Commissioners of Brevard County,

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and to the Chief Financial Officer of the State of Florida not

227

later than September 30 of each and every year thereafter. It

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shall be the duty of the Board of County Commissioners of Indian

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River County and the Board of County Commissioners of Brevard

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County to order the assessment and collection of taxes levied by

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the Board of Commissioners of the District within the respective

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counties in the manner provided by law for regular property

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taxes in the county. Proceeds of such taxes shall be paid within

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the time and in the manner prescribed by law to the treasurer of

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the Board. All such taxes shall be held by the treasurer for

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the credit of the Board and paid out by him or her as provided

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herein.

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Section 10. Said Board is hereby authorized and empowered,

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in order to provide for the work prescribed by this act and to

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pay the expenses incident to all such work or any other expense

241

necessary in carrying out the general purposes of this act, to

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borrow money, temporarily, from time to time for a period of

243

time not exceeding 2 years at any one time, and to issue its

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promissory notes therefor upon such terms and at such rates of

245

interest as said Board may deem advisable. Any note so made and

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issued may be paid out of the proceeds of the bonds authorized

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to be issued by this act or out of any other revenues or funds

248

of said Board, and said notes shall be a charge upon all of the

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revenue and property of said Board. In case of an injury by

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storm or otherwise to any of the works of this District, thereby

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causing an emergency which must be met at once in order to

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protect or reconstruct such works, said Board is authorized to

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borrow money under the terms prescribed above in order to meet

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such emergency.

255

Section 11. All work done under the provisions of this

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act, both in construction and maintenance, shall be carried on

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under the supervision of a competent Chief Engineer to be

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employed by said Board, and no money shall be paid out for any

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such work to any contractor or subcontractor until such work has

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been inspected and approved by the Board's Chief Engineer.

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Section 12. It shall be the duty of the Board of

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Commissioners of Sebastian Inlet Tax District to use every

263

reasonable means to maintain, protect, and preserve any and all

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of the works constructed by said Board, and for such purposes

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the said Board is authorized to use funds derived from taxes

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assessed and collected for Sebastian Inlet Tax District.

267

Section 13. Whoever shall willfully damage any ditch,

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canal, levee, inlet, waterway, jetty, or other work established

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or constructed under this act or who shall fill in or obstruct

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the flow of water in any inlet, canal, or waterway, or remove

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any earth, stone, or other material from the banks of any canal,

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inlet, waterway, revetment, or ditch without having first

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obtained permission in writing from said Board to remove such

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material, shall be deemed guilty of a misdemeanor, and upon

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conviction thereof, shall be fined not exceeding $1,000 or

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imprisoned in the county jail not longer than 6 months, or both

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such fine and imprisonment, in the discretion of the Court.

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Section 14. Any clause or section of this act which for

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any reason may be declared invalid may be eliminated from this

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act, and the remaining portion or portions shall be and remain

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in full force and valid as if such invalid clause or section had

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not been incorporated therein.

283

Section 15. The Chief Engineer, any Consulting Engineer,

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and any agent or employee of the Board of Commissioners or

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District may be removed at any time by the Board.

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Section 16. All work performed and materials furnished for

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the construction of said inlet and for the maintenance of said

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inlet shall be let by contract in accordance with the general

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laws of the State of Florida governing acquisition of

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professional engineering services, the purchase of commodities,

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and the construction and maintenance of public works. The Board

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shall have the right to reject any and all bids. Each contractor

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shall be required to give a surety bond in form and amount to be

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approved by the Board, with a responsible surety company thereon

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as surety. The Board, however, as a public authority, is

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authorized to exempt any person entering into a contract with

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the District for the construction of any buildings or public

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works, or for the repair of any buildings or public works, from

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the requirements for payment, performance, and surety bonds in

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the manner and the amounts which are authorized by law for other

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public authorities to exempt their contractors from bond

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requirements.

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In the event of an emergency, the Board of Commissioners of

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Sebastian Inlet Tax District is authorized to spend a sum not to

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exceed $15,000, utilizing the following procedure:

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(a) The Board shall obtain at least three telephone bid

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offers to perform such work or furnish such property from at

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least three independent persons or business entities responsible

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in the subject business endeavor under consideration; and

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(b) The Board shall make a record of the offers. After

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obtaining and recording such offers, the Board, with at least

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three of five members concurring, shall award the contract to

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the lowest responsible bidder of those solicited. The Board

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shall then notify all local news media which commonly cover the

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area within the District of the type and nature of the emergency

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and what actions the Board has taken to rectify the emergency.

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Section 17. The Board is authorized to vacate any easement

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or transfer fee simple interest in any real property which it

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holds to any unit of local, state, or federal government. Prior

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to such vacation or transfer, the Board shall conduct a public

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hearing and determine if it is in the public interest to

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authorize the vacation or transfer. At such hearing, the Board

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shall consider what effect, if any, the vacation or transfer

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shall have on public access to the inlet for fishing and

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recreation purposes and what action best serves the public

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health, safety, and welfare.

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Section 4. Except as otherwise provided in this act, in

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the event of a conflict of any provision of this act with

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provisions of any other act, the provisions of this act shall

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control to the extent of the conflict.

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Section 5. Chapters 7976 (1919), 8901 (1921), 12259

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(1927), 18138 (1937), 18139 (1937), 22891 (1945), 63-910, 76-

333

329, 78-470, 82-307, and 88-535, Laws of Florida, are repealed.

334

Section 6. This act shall take effect upon becoming a law.