Senate Bill sb2904

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003        (NP)                      SB 2904

    By Senator Carlton





    23-1858-03                                          See HB 881

  1                      A bill to be entitled

  2         An act relating to Charlotte and Sarasota

  3         Counties; creating the Englewood Water

  4         District; establishing boundaries; providing

  5         definitions; providing for election of a Board

  6         of Supervisors to govern said District;

  7         establishing powers, authority, and duties of

  8         the Board; granting to said governing board the

  9         authority in the territory defined to

10         construct, acquire, extend, enlarge,

11         reconstruct, improve, maintain, equip, repair,

12         and operate a water system, wastewater system,

13         or wastewater reuse system, or any combination

14         thereof; authorizing the levy and collection of

15         non-ad valorem assessments on property

16         benefited by the construction of such water

17         system, wastewater system, or wastewater reuse

18         system, or combined systems; providing for

19         optional methods of financing the cost of the

20         water system, wastewater system, or wastewater

21         reuse system or combined systems or extensions

22         and additions thereto by the issuance of

23         revenue bonds or assessment bonds or any

24         combination thereof and the fixing and

25         collection hereof and the fixing and collection

26         of rates and charges on users of such systems;

27         providing for the levy and collection of non-ad

28         valorem assessments on benefited property and

29         the pledge of such assessments for the payment

30         of any revenue bonds, or assessment bonds;

31         providing for the rights, remedies, and

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1         security of any of the holders of said bonds;

 2         providing penalties; repealing chapter 96-499,

 3         Laws of Florida, relating to the creation and

 4         establishment of the Englewood Water District;

 5         providing an effective date.

 6  

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

 8  

 9         Section 1.  (1)  There is hereby created the Englewood

10  Water District for the areas of Charlotte and Sarasota

11  Counties, described as follows:

12  

13         Sections 8, 9, 10, 11, 12, 13, 14, 15, 16, 21,

14         22, 23, 24, 25, 26, 27, 35, and 36, that part

15         of sections 4 and 5, lying and being west of

16         the west boundary of Lemon Bay, township 40

17         south; range 19 east; and sections 16, 17, 18,

18         19, 20, 21, 28, 29, 30, 31, 32 and 33, township

19         40 south, range 20 east, all being in Sarasota

20         County, State of Florida.

21  

22         Sections 1, 2, 12 and 13, Township 41 South,

23         Range 19 East; Sections 4, 5, 6, 7, 8, 9, 16,

24         17, and 18, that part of Section 20 lying and

25         being east of the east boundary of Lemon Bay,

26         Township 41 South, Range 20 East, all lying and

27         being in Charlotte County, State of Florida.

28  

29         That portion of Section 3, Township 40 South,

30         Range 19 East lying west of S.R. 776 (Englewood

31         Road), and those portions of Sections 4 and 5,

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1         Township 40 South, Range 19 East, lying and

 2         being east of the west boundary of Lemon Bay,

 3         all being south of the east west line

 4         prescribed by Colonial Road, all being in

 5         Sarasota County, Florida.

 6  

 7         (2)  The Englewood Water District is hereby declared to

 8  be a body corporate and politic under the corporate name and

 9  style of "Englewood Water District" with power to contract, to

10  sue and be sued in its corporate name, and with the other

11  powers and duties hereinafter set forth, as well as all other

12  powers and exemptions given by general law.

13         Section 2.  As used in this act, unless the context

14  otherwise requires:

15         (1)  "District" means the Englewood Water District

16  created by this act. 

17         (2)  "Water system" means and includes any plants,

18  systems, facilities, or property and additions, extensions,

19  and improvements thereto at any future time constructed or

20  acquired as a part thereof, useful or necessary, or having the

21  present capacity for future use in connection with the

22  development of sources, treatment for purification and

23  distribution of water for domestic, commercial, or industrial

24  use and without limiting the generality of the foregoing shall

25  include dams, reservoirs, storage tanks, mains, lines, valves,

26  pumping stations, laterals, and pipes for the purpose of

27  carrying water to the premises connected with such system and

28  shall include all real and personal property and any interest

29  therein, rights, easements, and franchises of any nature

30  whatsoever relating to such system and necessary or convenient

31  to the operation thereof.

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1         (3)  "Wastewater system" means and includes any plant,

 2  system, facility, or property and additions, extensions, and

 3  improvements thereto at any future time constructed or

 4  acquired as a part thereof, useful or necessary, or having the

 5  present capacity for future use in connection with the

 6  collections, treatment, purification, or disposal of

 7  wastewater or sewerage of any nature or originating from any

 8  source, including industrial wastes resulting from any

 9  processes of any industry, manufacture, trade, or business or

10  from the development of any natural resources; and without

11  limiting the generality of the foregoing definition shall

12  embrace treatment plants, pumping stations, lift stations,

13  valves, force mains, intercepting sewers, laterals, pressure

14  lines, mains, and all necessary appurtenances and equipment,

15  all wastewater mains and laterals for the reception and

16  collection of wastewater or sewerage on premises connected

17  therewith, and shall include all real and personal property

18  and any interest therein, rights, easements, and franchises of

19  any nature whatsoever relating to any such system and

20  necessary or convenient for the operation thereof.

21         (4)  "Wastewater reuse system" means and includes any

22  plant, system, facility, or property and additions,

23  extensions, and improvements thereto at any future time

24  constructed or acquired as a part thereof, useful or

25  necessary, or having the present capacity for future use in

26  connection with the collection, treatment, purification,

27  disposal, or distribution of wastewater or stormwater

28  originating from any source, for the purpose of reuse and

29  without limiting the generality of the foregoing definition,

30  shall embrace treatment plants, dams, reservoirs, storage

31  tanks, pumping stations, lift stations, valves, force mains,

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  laterals, pressure lines, mains, and all necessary

 2  appurtenances and equipment, and shall include all real and

 3  personal property and any interest therein, rights, easements,

 4  and franchises of any nature whatsoever relating to any such

 5  system and necessary or convenient for the operation thereof.

 6  Water which has received at least secondary treatment and

 7  stormwater may be referred to as reclaimed wastewater and may

 8  be reused for such beneficial purposes, including, but not

 9  limited to, landscape or agricultural irrigation, aesthetic

10  uses such as ponds or fountains, groundwater recharge,

11  industrial uses, environmental enhancement, or fire

12  protection.

13         (5)  "System" or "systems" means the water, wastewater,

14  or wastewater reuse systems authorized by this act either

15  individually, in any combination, or any part thereof.

16         (6)  "Cost" means, as applied to the acquisition and

17  construction of a water system, wastewater reuse system, or a

18  wastewater system or extensions, additions, or improvements

19  thereto, the cost of construction or reconstruction,

20  acquisition, or purchase, the cost of all labor, materials,

21  machinery, and equipment, cost of all lands and interest

22  therein, an office and administration building for the

23  district, property, rights, easements, and franchises of any

24  nature whatsoever, financing charges, interest prior to and

25  during construction and for 1 year after completion of

26  construction or acquisition of such water system, wastewater

27  reuse system, or wastewater system or extensions, additions,

28  or improvements thereto, bond discount, fees and expenses of

29  financial advisors or fiscal agents, cost of plans and

30  specifications, surveys and estimates of costs and revenues,

31  cost of engineering and legal services, and all other expenses

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  necessary or incidental in determining feasibility or

 2  practicality of such construction, reconstruction, or

 3  acquisition, administrative expenses and such other expenses

 4  as may be necessary or incidental to the construction or

 5  acquisition or improvement of such water system, wastewater

 6  reuse system, or wastewater system authorized by this act and

 7  the financing thereof, and the reimbursement of any expenses

 8  incurred by the district in connection with any of the

 9  foregoing items of cost.

10         (7)  "Revenue bonds" means bonds or other obligations

11  secured by and payable as to principal and interest from the

12  revenues derived from rates, fees, and charges collected by

13  the district from the users of the facilities of the water

14  system, wastewater reuse system, or wastewater system, or any

15  combination thereof, and which may or may not be additionally

16  secured by a pledge of the proceeds of non-ad valorem

17  assessments levied against property benefiting from assessable

18  improvements.

19         (8)  "Board" means the Board of Supervisors of the

20  District.

21         Section 3.  The District shall be governed and its

22  affairs administered by the Board of Supervisors consisting of

23  five members.

24         A.(i)  By a majority vote, the Englewood Water District

25  Board of Supervisors shall adopt a preliminary resolution

26  dividing the district into five separate and distinct sections

27  of approximately equal populations, drawn along Charlotte

28  County and/or Sarasota County precinct lines, if feasible.

29  These divisions shall be known as the "Englewood Water

30  District Supervisor Election Districts" which shall be

31  numbered 1 through 5. 

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1         (ii)  After the initial adoption by the board of the

 2  proposed Englewood Water District Supervisor Election

 3  Districts, the district shall hold a public hearing at which

 4  all residents of the district or other interested parties

 5  shall have an opportunity to be heard concerning the proposed

 6  Englewood Water District Supervisor Election Districts. Notice

 7  of such public hearing setting forth the five proposed

 8  Englewood Water District Supervisor Election Districts shall

 9  be given by one publication in a newspaper published in

10  Charlotte County, in a newspaper published in Sarasota County,

11  and such notice shall also be posted in five public places in

12  the district, at least 30 days prior to the date of such

13  hearing, which may be adjourned from time to time.

14         (iii)  After such hearing, such preliminary resolution

15  dividing the district into five separate and distinct

16  sections, known as the Englewood Water District Supervisor

17  Election Districts, either as initially adopted or as modified

18  or amended, shall be finally adopted. A map of the Englewood

19  Water District Supervisor Election Districts shall be kept on

20  file in the office of the administrator of the district and

21  shall be open to public inspection during normal business

22  hours.

23         (iv)  The Englewood Water District Supervisor Election

24  Districts shall be revised every 10 years in the same manner

25  as they were originally established. If the boundaries of the

26  district are modified, the election districts shall be

27  modified as necessary in the same manner established above in

28  adequate time for the new election districts to be utilized

29  during the next general election.

30         1.  On the first Tuesday after the first Monday of

31  November 1994, a person residing in Englewood Water District

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  Board of Supervisors Election District 5 was elected by the

 2  qualified electors of the Englewood Water District for a

 3  4-year term to create and fill Englewood Water District

 4  Supervisors Election District Seat Five. On the first day of

 5  January following the election, the expiring seats, four and

 6  six were eliminated.

 7         2.  On the first Tuesday after the first Monday of

 8  November 1995, a person residing in Englewood Water District

 9  Board of Supervisors Election District 4 was elected by the

10  qualified electors of the Englewood Water District for a term

11  of 3 years to create and fill Englewood Water District

12  Supervisors Election District Seat Four. On the first day of

13  January following the election, the expiring seats, seven,

14  eight, and nine shall be eliminated.

15         3.  On the first Tuesday after the first Monday of

16  November 1996, a person residing in each of the Englewood

17  Water District Board of Supervisors Election Districts 3, 2,

18  and 1 was elected by the qualified electors of the Englewood

19  Water District for a term of 4 years to create and fill

20  Englewood Water District Supervisors Election District Seats

21  three, two, and one respectively.

22         B.(i)  On the first Tuesday after the first Monday in

23  November 2002, and every 4th year thereafter, two supervisors,

24  one residing in Englewood Water District Board of Supervisors

25  Election District 5 and one residing in Englewood Water

26  District Board of Supervisors Election District 4, were

27  elected by the qualified electors of the Englewood Water

28  District for a term of 4 years.

29         (ii)  On the first Tuesday after the first Monday in

30  November 2004, and every 4th year thereafter, three

31  supervisors, one residing in Englewood Water District Board of

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  Supervisors Election District 3, one residing in Englewood

 2  Water District Board of Supervisors Election District 2, and

 3  one residing in Englewood Water District Board of Supervisors

 4  Election District 1, shall be elected by the qualified

 5  electors of the Englewood Water District for a term of 4

 6  years.

 7         (iii)  The results of such election shall be declared

 8  by resolution adopted by the Board.  Each elected member of

 9  the Board shall assume office 10 days following the member's

10  election.  Each supervisor shall duly file his or her oath of

11  office and a bond in such amount as the Board shall determine

12  for the faithful performance of his or her duties prior to

13  taking office and the cost thereof shall be paid by the

14  District.

15         C.  In the event no person has been elected at the

16  general election to fill an office which was required to be

17  filled at such election, the members of the board shall,

18  within 60 days following the date of the election, by a

19  majority vote of all members then in office, appoint a person

20  from the appropriate Englewood Water District Supervisors

21  Election District, to serve for each office not otherwise

22  filled by said election, to serve until the next general

23  election, at which election the qualified electors of the

24  District shall elect a supervisor to serve the remaining

25  unexpired term, if any, of such supervisors so appointed.

26         (i)  In the event any supervisor shall resign, die, or

27  be removed from the district, or the office of such supervisor

28  shall for any reason become vacant, the remaining members of

29  the board may, by a majority vote of all members then in

30  office, appoint a successor to such supervisor from the

31  appropriate Englewood Water District Supervisors Election

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  District to serve until the next general election, at which

 2  election the qualified electors of the district shall elect a

 3  supervisor to serve for the remaining unexpired term, if any,

 4  of such supervisor whose office became vacant as aforesaid.

 5         (ii)  A notice of the election shall be given at least

 6  once at least 14 days prior thereto by one publication in a

 7  newspaper published in Charlotte County, in a newspaper

 8  published in Sarasota County, and be posted during the 14-day

 9  period in five public places in the district.

10         D.  All elections under this act shall be nonpartisan.

11         E.(i)  Elections for the purpose of electing

12  Supervisors to the Board shall conform to the Florida Election

13  Code, chapters 97 through 106, Florida Statutes, as pertains

14  to independent special districts as set forth in section

15  189.405, Florida Statutes.

16         (a)  The results of the election shall be jointly

17  canvassed by the county canvassing boards of the Counties of

18  Charlotte and Sarasota and the results of such joint canvass

19  shall be reported in accordance with general law.

20         (b)  Supervisors shall be qualified electors with legal

21  residence in the appropriate Englewood Water District Board of

22  Supervisors Election District, who are freeholders. The office

23  of any supervisor who ceases to be a qualified elector with

24  legal residence in the appropriate election district and a

25  freeholder in the district during his or her term of office

26  shall become vacant.

27         (ii)(a)  The Board shall be vested with all

28  administrative power and authority of the District and shall

29  have and exercise all powers conferred upon such District by

30  the terms of this act. Said Board members may receive

31  compensation for their services to be determined by at least a

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  majority plus one vote of the Board. The board shall publish

 2  notice of its intent to consider a modification of board

 3  member compensation in the same manner as provided in

 4  paragraph 1(e) of this section. Said salary may not exceed

 5  $2,500 each, annually, except that the chair may receive

 6  $3,000 annually. Such payments shall be payable in such

 7  installments during each year of a member's term as the Board

 8  shall from time to time determine. Said Board members shall

 9  also be reimbursed for moneys expended in the performance of

10  their official duties consistent with the provisions of

11  section. 112.061, Florida Statutes.

12         (b)  The organization and conduct of the Board's

13  affairs shall be as follows:

14         1.  The chair and vice chair shall be elected at an

15  annual meeting to be held in January of each year, and shall

16  serve in said capacities until the next annual meeting and

17  said officers may be removed at any time during their tenure,

18  with or without cause, by a majority vote of all members of

19  said Board. Upon the expiration of the terms of office of any

20  of said officers for any reason whatsoever, the Board shall

21  elect new officers to fill the positions thus vacated.

22         2.  The Board shall hold such meetings as the business

23  affairs of the district may require, and all such meetings

24  shall be noticed and open to the public as provided by law.

25  Such meetings shall be held within the territorial limits of

26  the District or may be held outside the District in

27  conjunction with other boards, commissions, agencies, bodies,

28  or persons for the purpose of holding discussions or for the

29  exchange of information. However, no formal action may be

30  taken by the passage of any resolution, rule, or order at

31  

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  meetings held outside the District other than that action

 2  which is required for the ordinary conduct of such meetings.

 3         3.  A majority of the Board shall constitute a quorum

 4  at any meeting thereof and all actions of the Board shall be

 5  upon an affirmative vote of the majority of Board members

 6  present at any such meeting; provided that no action of the

 7  Board may pass with less than three affirmative votes.

 8  However, any resolution authorizing the issuance of bonds or

 9  other obligations, or the levy on non-ad valorem assessments

10  or the fixing of rates and charges for the services and

11  facilities of the systems of the District shall not be adopted

12  except upon the affirmative vote of a majority of all the

13  members of the Board then in office. Actions of the Board

14  shall be evidenced by resolutions voted upon and adopted by

15  the Board, which may be finally adopted at the same meeting at

16  which they are introduced and need not be published or posted,

17  except resolutions authorizing the issuance of bonds or other

18  obligations shall be advertised in accordance with the

19  provisions of Section 3(1)(c)2 and a public hearing shall be

20  held prior to the adoption of such resolutions. Resolutions

21  providing solely for the refunding of any already existing

22  bonds or other obligations need not be so advertised.

23         4.  Written minutes of each Board meeting shall be kept

24  and there shall be recorded therein a report of all that

25  transpired at any such meeting. The minutes shall be signed by

26  the vice chair of the Board and kept permanently in books

27  provided for that purpose.

28         5.  The Board shall cause to be kept complete and

29  accurate books of accounting in standard bookkeeping and

30  accounting procedures. Annually the Board shall make a true

31  and complete accounting of all moneys received and expended by

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  said Board and said accounting shall list the assets and

 2  liabilities of the District. Said accounting shall be based

 3  upon an audit prepared by a certified public accountant, and

 4  shall be in writing with sufficient copies thereof made to

 5  furnish to any inhabitants of the district requesting same.

 6         6.  All contracts of the District shall be signed by

 7  the chair of the Board of Supervisors, and the seal of the

 8  board shall be affixed thereto, attested by the secretary to

 9  the Board who shall be official custodian of such seal. The

10  Board, by resolution, may delegate authority to sign contracts

11  to the administrator of the District. Any bonds issued by the

12  District under the provisions of this act shall be signed in

13  the same manner as a contract. However, only one manual

14  signature shall be required on any bonds and the seal of the

15  District may be imprinted or reproduced thereon.

16         7.  Every Board member and every officer of the

17  district shall be indemnified by the District against all

18  expenses and liabilities, including counsel fees, reasonably

19  incurred by or imposed upon the member or officer in

20  connection with any proceeding or any settlement of any

21  proceeding to which he or she may be a party or in which he or

22  she may become involved by reason of his or her being or

23  having been a Board member or officer of the District, whether

24  or not he or she is a Board member or officer at the time such

25  expenses are incurred. In the event of a settlement, the

26  indemnification shall apply only when the Board approves such

27  settlement and reimbursement as being for the best interests

28  of the District. The right of indemnification authorized by

29  this paragraph shall be in addition to and not exclusive of

30  all other rights to which a Board member or officer may be

31  entitled. This paragraph shall not apply to a Board member or

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  officer who is adjudged guilty of willful misfeasance or

 2  malfeasance in the performance of his or her duties.

 3         8.  The Board may, by the vote of a majority of all

 4  members, elect a member to serve as chair or vice chair on an

 5  interim basis during the absence of such officer. The interim

 6  officer shall have all of the powers, duties, and authority of

 7  such officer during his or her absence.

 8         Section 4.  The district, by and through the Board, is

 9  hereby authorized and empowered:

10         (1)  To make rules and regulations for its own

11  governance and proceedings and to adopt an official seal for

12  the District.

13         (2)  To employ such consulting and other engineers,

14  technicians, construction and accounting experts, financial

15  advisors or fiscal agents, attorneys, and such other agents

16  and employees as the board may require or deem necessary to

17  effectuate the purposes of this act and to take such steps as

18  are necessary to be taken to provide coverage by the old age

19  and survivors insurance system embodied in the Federal Social

20  Security Act to employees of the Englewood Water District on

21  as broad a basis as permitted under the Federal Social

22  Security Act and the laws of Florida and may provide a pension

23  or retirement plan for its employees. Board members are not

24  eligible for pension or retirement benefits. Notwithstanding

25  the prohibition against extra compensation set forth in

26  section 215.425, Florida Statutes, the board may provide for

27  an extra compensation program, including a lump-sum bonus

28  payment program, to reward outstanding employees whose

29  performance exceeds standards, if the program provides that a

30  bonus payment may not be included in an employee's regular

31  

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  base rate of pay and may not be carried forward in subsequent

 2  years.

 3         (3)  To construct, install, erect, acquire and operate,

 4  maintain, improve, extend, or enlarge and reconstruct a water

 5  system, wastewater system, or a wastewater reuse system or any

 6  combination thereof within or without said district for the

 7  furnishing of water service, wastewater service, or wastewater

 8  reuse service or any combination of such services to the

 9  inhabitants of the district, and to have the exclusive control

10  and jurisdiction thereof; to issue its revenue bonds,

11  assessment bonds, or other obligations, or any combination

12  thereof to pay all or part of the cost of such construction,

13  reconstruction, erection, acquisition, or installation of such

14  systems. The purchase or sale of a water, wastewater, or

15  wastewater reuse system shall be accomplished in accordance

16  with section 189.423, Florida Statutes.

17         (4)  To regulate the disposal of wastewater, reuse of

18  wastewater, and the supply of water within the District and to

19  prohibit the use and maintenance of outhouses, privies, septic

20  tanks, or other unsanitary structures or appliances, in

21  accordance with the general laws of the state.

22         (5)  To fix and collect rates, fees, capital

23  contributions, and other charges for the use of the facilities

24  and services provided by any system, and to fix and collect

25  charges for making connections and reconnections with any such

26  system, and to provide for reasonable charges and penalties to

27  any users of property for any such rates, fees, or charges

28  that are delinquent.

29         (6)  To acquire in the name of the district by

30  purchase, gift, or the exercise of eminent domain pursuant to

31  chapter 73 or chapter 74, Florida Statutes, such lands and

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  rights and interest therein, both within and without the

 2  district, including land under water and riparian rights and

 3  to acquire such personal property as may be deemed necessary

 4  in connection with the construction, reconstruction,

 5  improvement, extensions, installation, erection, or operation

 6  and maintenance of any system, and to hold and dispose of all

 7  real and personal property under its control.

 8         (7)  To receive grants, either separately or in

 9  conjunction with any municipality, governmental agency, or

10  governmental entity, either in the nature of public works or

11  public improvement grants or loans from any governmental

12  agency, department, bureau, or individual for the purpose of

13  installing, constructing, erecting, acquiring, operating, or

14  maintaining a system or other things necessary or incidental

15  thereto.

16         (8)  To exercise exclusive jurisdiction, control, and

17  supervision over any system owned, operated, and maintained by

18  the District and to make and enforce such rules and

19  regulations for the maintenance and operation of any system as

20  may be, in the judgment of the Board, necessary or desirable

21  for the efficient operation of any such systems or

22  improvements in accomplishing the purposes of this act.

23         (9)  To restrain, enjoin, or otherwise prevent the

24  violation of this act or of any resolution, rule, or

25  regulation adopted pursuant to the powers granted by this act.

26         (10)  To join with any other district or districts,

27  cities, towns, counties, or other political subdivisions,

28  public agencies or authorities in the exercise of common

29  powers consistent with section 163.01, Florida Statutes.

30         (11)  To contract with municipalities or other private

31  or public corporations or persons to provide or receive a

                                  16

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  water supply or for wastewater disposal, collection, or

 2  treatment or for wastewater reuse.

 3         (12)  To prescribe methods of pretreatment of

 4  industrial wastes not amenable to treatment with domestic

 5  wastewater before accepting those wastes for treatment and to

 6  refuse to accept such industrial wastes when not sufficiently

 7  pre-treated as may be prescribed, and by proper resolution to

 8  prescribe penalties for the refusal of any person or

 9  corporation to so pre-treat such industrial wastes.

10         (13)  To require and enforce the use of its facilities

11  whenever and wherever they are accessible in accordance with

12  applicable general law and applicable local government

13  comprehensive plans.

14         (14)  To sell or otherwise dispose of the effluent,

15  sludge, reclaimed wastewater, or other byproducts as a result

16  of wastewater treatment and reclamation.

17         (15)  To accomplish construction by holding hearings,

18  advertising for construction bids, and letting contracts for

19  all or any part or parts of the construction of any system in

20  accordance with the provisions of section 15.

21         (16)  To cause surveys, plans, specifications, and

22  estimates to be made from time to time for any system.

23         (17)  To enter on any lands, water, or premises, public

24  or private, located within or without the District or the

25  Counties of Charlotte or Sarasota to make surveys, borings,

26  soundings, or examinations for the purposes of this act.

27         (18)  To construct and operate connecting,

28  intercepting, or outlet wastewater or reclaimed wastewater

29  mains and pipes and water mains, conduits or pipe lines in,

30  along, or under any street, alleys, highways, or other public

31  

                                  17

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  places or ways within the state or any municipality or

 2  political subdivision.

 3         (19)  Subject to such provisions and restrictions as

 4  may be set forth in the resolution authorizing or securing any

 5  bonds or other obligations issued under the provisions of this

 6  act, to enter into contracts with the government of the United

 7  States or any agency or instrumentality thereof, or with any

 8  other county, municipality, district, authority, or political

 9  subdivision, private corporation, partnership, association, or

10  individual providing for or relating to the treatment,

11  collection, and disposal of wastewater or the treatment,

12  supply, and distribution of water or reclaimed wastewater and

13  any other matters relevant thereto or otherwise necessary to

14  effect the purposes of this act and to receive and accept from

15  any federal agency, grants for or in aid of the planning,

16  construction, reconstruction or financing of any system and to

17  receive and accept aid or contributions from any other source

18  of either money, property, labor or other things of value to

19  be held, used, and applied only for the purpose for which such

20  grants and contributions may be made.

21         (20)  To acquire, purchase, or buy real estate within

22  or without the District to be used in the development,

23  installation, construction, improvement, maintenance,

24  operation, or servicing of any system of the District, by

25  installment contract, agreement for deed, or by note and

26  mortgage; provided that said contract, agreement for deed, or

27  mortgage does not constitute a lien or encumbrance upon any

28  real property other than that being purchased thereby.

29         (21)  To sell or otherwise dispose of effluent, sludge,

30  or other byproducts produced by any system.

31  

                                  18

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1         (22)  To require the owner, tenant, or occupant of each

 2  lot or parcel of land within the District who is obligated to

 3  pay the rates, fees, or charges for the services furnished by

 4  any facility owned or operated by the District under the

 5  provisions of this act make a reasonable deposit with the

 6  district in advance to ensure the payment of such rates, fees,

 7  or charges. If such rates, fees, or charges become delinquent,

 8  the district may apply the deposit to the payment or partial

 9  payment thereof, including accrued interest, shutoff charges,

10  and penalties, if any.

11         (23)  To invest and reinvest the surplus public funds

12  of the district consistent with the requirements of applicable

13  state or federal laws.

14         Section 5.  (1)  The Board for and on behalf of the

15  District is authorized to provide from time to time for the

16  issuance of revenue bonds to finance or refinance all or part

17  of the costs of additions, extensions, and improvements to, or

18  the acquisition of, any system. The principal of and interest

19  on any such revenue bonds shall be payable from the rates,

20  fees, charges, or other revenues derived from the operation of

21  any such system or systems in the manner provided in this act

22  and the resolution authorizing such bonds and pledging such

23  revenues. The proceeds of non-ad valorem assessments levied as

24  provided in this act may be pledged as additional security for

25  said revenue bonds. It is the express intent of this act that

26  the District shall be authorized to finance the purposes

27  provided in this act by the issuance of revenue bonds or

28  special assessment bonds separately for all or any part of the

29  cost thereof, or to issue revenue bonds additionally secured

30  by the non-ad valorem assessments for all or any part of such

31  cost, so that the District shall have complete flexibility as

                                  19

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  to the types of bonds to be issued and the security for the

 2  holders of such bonds. The revenue bonds of the District shall

 3  be issued in such denominations, mature on such dates and in

 4  such amounts, and may be subject to optional and mandatory

 5  redemption, all as shall be determined by resolutions adopted

 6  by the Board on behalf of the District. Bonds of said District

 7  may bear interest at a fixed or floating or adjustable rate

 8  and may be issued as interest-bearing, interest-accruing bonds

 9  or zero coupon bonds at such rate or rates not exceeding the

10  maximum rate permitted by general law, all as shall be

11  determined by resolutions of the Board on behalf of the

12  District. Principal and interest shall be payable in the

13  manner determined by the Board. The bonds shall be signed by

14  the chair or vice chair of the Board, attested with the seal

15  of said District and by the signature of the chair of the

16  Board of Supervisors. In case any officer whose signature or a

17  facsimile of whose signature shall appear on the bonds shall

18  cease to be such officer before the delivery of such bonds,

19  such signature or facsimile shall nevertheless be valid and

20  sufficient for all intents and purposes the same as if he or

21  she had remained in office until such delivery. The Board may

22  sell such bonds in such manner not inconsistent with general

23  law, either at public or private sale, and for such price, as

24  it may determine to be for the best interests of the District.

25         (2)  The proceeds of the sale of any such bonds shall

26  be used to finance or refinance all or part of the costs of

27  the construction or acquisition of additions, extensions, and

28  improvements of any water system, wastewater reuse system, or

29  wastewater system or any combination thereof, to fund reserves

30  and renewal and replacement funds and to pay the costs of

31  issuing such bonds. The funds derived from the sale of the

                                  20

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  bonds shall be disbursed in such manner and under such

 2  restrictions as the board may provide in the authorizing

 3  resolution. Revenue bonds may be issued under the provisions

 4  of this act without any other proceeding or happening of any

 5  other condition or thing than those proceedings, conditions,

 6  or things which are specifically required by this act and by

 7  general law.

 8         (3)  A resolution providing for the issuance of revenue

 9  bonds may also contain such limitations upon the issuance of

10  additional revenue bonds secured on a parity with the bonds

11  theretofore issued, as the board may deem proper, and such

12  additional bonds shall be issued under such restrictions and

13  limitations as may be prescribed by such authorizing

14  resolution.

15         (4)  Revenue bonds may be issued under the provisions

16  of this act without regard to any limitations or indebtedness

17  prescribed by law.

18         (5)  Revenue bonds issued under the provisions of this

19  act shall not constitute a general obligation debt of the

20  District within the meaning of any constitutional or statutory

21  debt limitation, but such bonds shall be payable solely from

22  the revenues and/or non-ad valorem assessments, if any,

23  pledged therefor, and that the full faith and credit of the

24  district is not pledged to the payment of the principal of or

25  interest on such bonds.

26         (6)  In connection with the sale and issuance of bonds,

27  the district may enter into any contracts which the Board

28  determines to be necessary or appropriate to achieve a

29  desirable effective interest rate in connection with the bonds

30  by means of, but not limited to, contracts commonly known as

31  investment contracts, funding agreements, interest rate swap

                                  21

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  agreements, currency swap agreements, forward payment

 2  conversion agreements, futures, or contracts providing for

 3  payments based on levels of or changes in interest rates, or

 4  contracts to exchange cash flows or a series of payments, or

 5  contracts, including, without limitation, options, puts, or

 6  calls to hedge payment, rate, spread, or similar exposure.

 7  Such contracts or arrangements may also be entered into by the

 8  District in connection with, or incidental to, entering into

 9  any agreement which secures bonds or provides liquidity

10  therefor. Such contracts and arrangements shall be made upon

11  the terms and conditions established by the Board, after

12  giving due consideration for the credit worthiness of the

13  counter parties, where applicable, including any rating by a

14  nationally recognized rating service or any other criteria as

15  may be appropriate.

16         (7)  In connection with the sale and issuance of the

17  bonds, or entering into any of the contracts or arrangements

18  referred to in the paragraph above, the district may enter

19  into such credit enhancement or liquidity agreements, with

20  such payment, interest rate, security, default, remedy, and

21  any other terms and conditions as the board shall determine.

22         (8)  Notwithstanding any provisions of state law

23  relating to the investment or reinvestment of surplus funds of

24  any governmental unit, proceeds of the bonds and any money set

25  aside or pledged to secure payment of the principal of,

26  premium, if any, and interest on the bonds, or any of the

27  contracts entered into pursuant to this section, may be

28  invested in securities or obligations described in the

29  resolution providing for the issuance of bonds.

30         Section 6.  (1)  The Board shall, by resolution prior

31  to the issuance of any revenue bonds, fix the initial schedule

                                  22

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  of rates, fees, or other charges for the use of and the

 2  services and facilities to be furnished by any such water

 3  system, wastewater reuse system, or wastewater system, or any

 4  combination thereof, to be paid by the owner, tenant, or

 5  occupant of each lot or parcel of land which may be connected

 6  with or used by any such system or systems, of the district.

 7  After the system or systems have been in operation the

 8  District board may revise the schedule of rates, fees, and

 9  charges from time to time. However, such rates, fees, and

10  charges shall be so fixed and revised so as to provide sums

11  which, with other funds for such purposes, shall be sufficient

12  at all times to pay:

13         A.  The principal of and interest on revenue bonds as

14  the same shall become due and reserves therefor.

15         B.  The expenses of maintaining and repairing such

16  systems, including reserves for such purposes and for capital

17  replacements, depreciation, and necessary extensions or

18  improvements and administrative expenses.

19         C.  Any other payments required by the resolution

20  authorizing the issuance of such revenue bonds.

21         (2)  Such rates, fees, and charges shall be just and

22  equitable and uniform for users of the same class and, where

23  appropriate, may be based or computed either upon the quantity

24  of water or wastewater consumed or produced, the number and

25  size of wastewater connections, or the number and kind of

26  plumbing fixtures in use in the premises or upon the number or

27  average number of persons residing or working in or otherwise

28  using the facilities of such system or upon any other factor

29  affecting the use of the facilities or services furnished or

30  upon any combination of the foregoing factors as may be

31  determined by the Board on any other equitable basis. All

                                  23

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  rates, fees, and charges established pursuant to this act

 2  shall be set in accordance with the total cost of service

 3  which is required to provide service to the customers. The

 4  water system, wastewater reuse system, and wastewater system

 5  shall be accounted for as separate and as distinct systems.

 6  However, the District shall set rates consistent with the

 7  guidelines adopted by the American Water Works Association,

 8  for government-owned utilities. The district may, by

 9  resolution, consolidate any one or more systems provided such

10  consolidation shall not impair the rights of any existing

11  bondholders of the district.

12         (3)  No rates, fees, or charges shall be fixed under

13  the foregoing provisions of this section until a public

14  hearing at which all the users of the proposed system, or

15  owners, tenants, or occupants served or to be served thereby

16  and all others interested shall have an opportunity to be

17  heard concerning the proposed rates, fees, and charges. After

18  the initial adoption by the Board of the resolution setting

19  forth the preliminary schedule or schedules fixing and

20  classifying such rates, fees, and charges, notice of such

21  public hearing setting forth the proposed schedule or

22  schedules of rates, fees, and charges shall be given by one

23  publication in a newspaper published in Charlotte County and

24  in a newspaper published in Sarasota County and such notice

25  shall also be posted in five public places in the district, at

26  least 10 days prior to the date of such hearing, which may be

27  adjourned from time to time. After such hearing such

28  preliminary schedule or schedules, either as initially

29  adopted, or as modified or amended, may be finally adopted. A

30  copy of the schedule or schedules of such rates, fees, or

31  charges finally fixed in such resolution shall be kept on file

                                  24

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  in the office of the District and shall be open at all times

 2  to public inspection. The rates, fees, or charges so fixed for

 3  any class of users or property served shall be extended to

 4  cover any additional properties thereafter served which shall

 5  fall in the same class, without the necessity of any hearing

 6  or notice. Any change or revision of such rates, fees, or

 7  charges may be made in the same manner as such rates, fees, or

 8  charges were originally established as provided herein;

 9  provided that if such changes or revisions be made

10  substantially pro rata as to all classes of service no hearing

11  or notice shall be required.

12         Section 7.  In addition to the other provisions and

13  requirements of this act any resolution authorizing the

14  issuance of bonds may contain any other provisions deemed

15  necessary or in the best interest of the District and the

16  Board is authorized to provide and may covenant and agree with

17  the several holders of such bonds to include, but without

18  limitation as to any other provisions, any of the following:

19         (1)  As to a reasonable deposit with the District in

20  advance, to ensure the payment of rates, fees, or charges for

21  the facilities of the system or systems.

22         (2)  May, in keeping with its rules and regulations,

23  disconnect any premises from the water system, wastewater

24  reuse system, or wastewater system if any such rates, fees, or

25  charges are delinquent for a period of 30 days or more.

26         (3)  The assumption of payment or discharge of any

27  indebtedness, lien, or other claim relating to any part of any

28  such system or any combination thereof, or any other

29  obligations having or which may have a lien on any part of any

30  such system or systems.

31  

                                  25

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1         (4)  Limitations on the powers of the District to

 2  construct, acquire, or operate, or permit the construction,

 3  acquisition or operation of any plants, structures,

 4  facilities, or properties which may compete or tend to compete

 5  with any other system of the District.

 6         (5)  The manner and method of paying service charges

 7  and fees and the levying of penalties for delinquent payments.

 8         (6)  The manner and order of priority of the

 9  disposition of revenues or redemption of any bonds.

10         (7)  Terms and conditions for modification or amendment

11  of any provisions or covenants in any such bond resolution

12  authorizing the issuance of such bonds.

13         (8)  Provisions and limitations on the appointment of a

14  trustee, paying agent, registrar, or escrow agent for

15  bondholders.

16         (9)  Provisions as to the appointment of a receiver of

17  any system on default of principal or interest on any such

18  bonds or the breach of any covenant or condition of such

19  authorizing resolution or the provisions and requirements of

20  this act.

21         (10)  Provisions as to the execution and entering into

22  of trust agreements, if deemed necessary by the board,

23  regarding the disposition of revenues or bond proceeds for the

24  payment of the cost of the acquisition and construction of the

25  system or any part thereof, or for any other purposes

26  necessary to secure any such revenue bonds.

27         (11)  Provisions as to the maintenance of any such

28  system or systems and reasonable insurance thereof.

29         (12)  Any other matters necessary to secure such bonds

30  and the payment of the principal and interest thereof. All

31  such provisions of the bond resolution and all such covenants

                                  26

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  and agreements in addition to the other provisions and

 2  requirements of this act shall constitute valid and legally

 3  binding contracts between the District and several holders of

 4  any such bonds regardless of the time of issuance of such

 5  bonds, and shall be enforceable by any such holder or holders

 6  by mandamus or other appropriate action, suit, or proceeding

 7  in law or in equity in any court of competent jurisdiction.

 8         Section 8.  (1)  When the fees, rates, or charges for

 9  the services and facilities of any system are not paid when

10  due and are in default for 10 days or more, following written

11  notice to such delinquent customer, the District may

12  discontinue and shut off the supply of the services and

13  facilities of such systems, to the person, firm, corporation,

14  or other body, public or private, so supplied with such

15  services or facilities, until such fees, rates, or charges,

16  including interest, penalties, and charges for the shutting

17  off and discontinuance or the restoration of such services or

18  facilities are fully paid. Such delinquent fees, rates, or

19  charges, together with interest, penalties, and charges for

20  the shutting off and discontinuance or the restoration of such

21  services or facilities, and reasonable attorney's fees, costs

22  and other expenses, may be recovered by the board in a court

23  of competent jurisdiction.

24         (2)  In the event that the fees, rates, or charges for

25  the services and the facilities of any system shall not be

26  paid as and when due, the unpaid balance thereof and all

27  interest accruing thereon shall, to the extent permitted by

28  law, be a lien on any parcel or property affected thereby.

29  Such liens shall be superior and paramount to the interest on

30  such parcel or property of any owner, lessee, tenant,

31  mortgagee, or other person except the lien of county or

                                  27

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  district taxes and shall be on a parity with the lien of any

 2  such county or district taxes. In the event that any such

 3  service charge shall not be paid as and when due and shall be

 4  in default for 30 days or more the unpaid balance thereof and

 5  all interest accrued or penalties thereon, together with

 6  attorney's fees and costs, may be recovered by the District in

 7  a civil action, and any such lien and accrued interest and

 8  penalties may be foreclosed or otherwise enforced by the

 9  District by action or suit in equity as for the foreclosure of

10  a mortgage on real property in the manner provided by general

11  law.

12         Section 9.  (1)  The District may provide for the levy

13  of non-ad valorem assessments under this act on the lands and

14  real estate benefited by the construction of any system, or

15  extensions or improvements thereof, or any part thereof.

16  Non-ad valorem assessments may be levied only on benefited

17  real property at a rate of assessment based on the special

18  benefit accruing to such property from such improvements. The

19  District may use any assessment apportionment methodology that

20  meets the "fair apportionment" standards.

21         (2)  The Board may determine to make any improvements

22  authorized by this act and defray the whole or any part of the

23  expense thereof by non-ad valorem assessments. The Board shall

24  so declare by resolution stating the nature of the proposed

25  improvement, designating the location of wastewater

26  facilities, the location of water mains, water laterals, and

27  other water distribution facilities, or the location of the

28  wastewater reuse facilities, and the part or portion of the

29  expense thereof to be paid by non-ad valorem assessments, the

30  manner in which said assessments shall be made, when said

31  assessments are to be paid, and what part, if any, shall be

                                  28

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  apportioned to be paid from the general funds of the District.

 2  Said resolution shall also designate the lands upon which the

 3  non-ad valorem assessments shall be levied, and in describing

 4  said lands it shall be sufficient to describe them as "all

 5  lots and lands adjoining and contiguous or bounding and

 6  abutting upon such improvements or specially benefited thereby

 7  and further designated by the assessment plat hereinafter

 8  provided for." Such resolution shall also state the total

 9  estimated cost of the improvement. Such estimated cost may

10  include the cost of construction or reconstruction, the cost

11  of all labor and materials, the cost of all lands, property,

12  rights, easements, and franchises acquired, financing charges,

13  interest prior to and during construction and for 1 year after

14  completion of construction, discount on the sale of assessment

15  bonds, cost of plans and specifications, surveys of estimates

16  of costs and of revenues, cost of engineering and legal

17  services, and all other expenses necessary or incident to

18  determining the feasibility or practicability of such

19  construction or reconstruction, administrative expense, and

20  such other expense may be necessary or incident to the

21  financing herein authorized.

22         (3)  At the time of the adoption of the resolution

23  provided for in subsection (2), there shall be on file at the

24  District's offices, an assessment plat showing the area to be

25  assessed, with plans and specifications, and an estimate of

26  the cost of the proposed improvement, which assessment plat,

27  plans, and specifications and estimate shall be open to the

28  inspection of the public.

29         (4)  Upon adoption of the resolution provided for in

30  subsection (2), or completion of the preliminary assessment

31  roll provided for in subsection (5), whichever is later, the

                                  29

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  vice chair of the Board shall publish notice of the resolution

 2  once in a newspaper published in the Counties of Charlotte and

 3  Sarasota. The notice shall state in brief and general terms a

 4  description of the proposed improvements with the location

 5  thereof, and that the plans, specifications, and estimates are

 6  available to the public at the district's offices. The notice

 7  shall also state the date and time of the hearing to hear

 8  objections provided for in subsection (7), which hearing shall

 9  be no earlier than 15 days after publication of said notice.

10  Such publication shall be verified by the affidavit of the

11  publisher and filed with the secretary to the Board.

12         (5)  Upon the adoption of the resolution provided for

13  in subsection (2), the Board shall cause to be made a

14  preliminary assessment roll in accordance with the method of

15  assessment provided for in said resolution, said assessment

16  roll shall show the lots and lands assessed and the amount of

17  the benefit to and the assessment against each lot or parcel

18  of land, and, if said assessment is to be paid in

19  installments, the number of annual installments in which the

20  assessment is divided shall also be entered and shown upon

21  said assessment roll.

22         (6)  Upon the completion of said preliminary assessment

23  roll, the Board shall by resolution fix a time and place at

24  which the owners of the property to be assessed or any other

25  persons interested therein may appear before said Board and be

26  heard as to the propriety and advisability of making such

27  improvements, as to the cost thereof, as to the manner of

28  payment therefor, and as to the amount thereof to be assessed

29  against each property so improved. Ten days' notice in writing

30  of such time and place shall be given to such property owners.

31  The notice shall include the amount of the assessment and

                                  30

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  shall be served by mailing a copy by first class mail to each

 2  of such property owners at his or her last known address, the

 3  names and addresses of such property owners to be obtained

 4  from the records of the property appraiser, proof of such

 5  mailing to be made by the affidavit of the secretary to the

 6  Board, or by the engineer.

 7         (7)  At the time and place named in the notice provided

 8  for in subsection (4), the Board shall meet and hear testimony

 9  from affected property owners as to the propriety and

10  advisability of making the improvements and funding them with

11  non-ad valorem assessments on property. Following the

12  testimony, the Board shall make a final decision on whether to

13  levy the non-ad valorem assessments, adjusting assessments as

14  may be warranted by information received at or prior to the

15  hearing. If any property which may be chargeable under this

16  section shall have been omitted from the preliminary roll or

17  if the prima facie assessment shall not have been made against

18  it, the Board may place on such roll an apportionment to such

19  property. The owners of any property so added to the

20  assessment roll shall be mailed a copy of the notice provided

21  for in subsection (6), by first class mail and granted 15 days

22  from such date of mailing to file any objections with the

23  Board. When so approved by resolution of the Board, a final

24  assessment roll shall be filed with the vice chair of the

25  Board, and such assessments shall stand confirmed and remain

26  legal, valid, and binding first liens upon the property

27  against which such assessments are made until paid. The

28  assessment so made shall be final and conclusive as to each

29  lot or parcel assessed unless proper steps be taken within 30

30  days of the filing of the final assessment roll in a court of

31  competent jurisdiction to secure relief. If the assessment

                                  31

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  against any property shall be sustained or reduced or abated

 2  by the court, the vice chair shall note that fact on the

 3  assessment roll opposite the description of the property

 4  affected thereby and notify the county property appraiser and

 5  the tax collector in writing. The amount of the non-ad valorem

 6  assessment against any lot or parcel which may be abated by

 7  the court, unless the assessment upon the entire District be

 8  abated, or the amount by which such assessment is so reduced,

 9  may by resolution of the Board be made chargeable against the

10  District at large, or, at the discretion of the Board, a new

11  assessment roll may be prepared and confirmed in the manner

12  hereinabove provided for the preparation and confirmation of

13  the original assessment roll. The Board may by resolution

14  grant a discount equal to all or a part of the payee's

15  proportionate share of the cost of the project consisting of

16  bond financing costs, such as capitalized interest, funded

17  reserves, and bond discount included in the estimated cost of

18  the project, upon payment in full of any assessment during

19  such period prior to the time such financing costs are

20  incurred as may be specified by the board.

21         (8)  The non-ad valorem assessments shall be payable at

22  the time and in the manner stipulated in the resolution

23  providing for the improvement; shall remain liens, coequal

24  with the lien of all state, county, district, and municipal

25  taxes, superior in dignity to all other liens, titles, and

26  claims, until paid; shall bear interest, at a rate not to

27  exceed the percentage authorized by section 170.09, Florida

28  Statutes, for municipal special assessments or, if bonds are

29  issued pursuant to this chapter, at a rate not to exceed 1

30  percent above the rate of interest at which the bonds

31  authorized pursuant to this act and used for the improvement

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  are sold, from the date of the acceptance of the improvement;

 2  and may, by the resolution aforesaid and only for capital

 3  outlay projects, be made payable in equal installments over a

 4  period not to exceed 20 years, to which, if not paid when due,

 5  there shall be added a penalty at the rate of 1 percent per

 6  month, until paid. However, the assessments may be paid

 7  without interest at any time within 30 days after the

 8  improvement is completed and a resolution accepting the same

 9  has been adopted by the Board.

10         (9)  The non-ad valorem assessments approved by the

11  Board may be levied, assessed, and collected pursuant to

12  section 197.3632, Florida Statutes. The collection and

13  enforcement of the non-ad valorem assessment levied by the

14  district shall be at the same time and in like manner as

15  county taxes.

16         (10)  All assessments shall constitute a lien upon the

17  property so assessed from the date of confirmation of the

18  resolution ordering the improvement of the same nature and to

19  the same extent as the lien for general county, municipal, or

20  district taxes falling due in the same year or years in which

21  such assessments or installments thereof fall due, and any

22  assessment or installment not paid when due shall be collected

23  with such interest and with a reasonable attorney's fee and

24  costs, but without penalties, by the District by proceedings

25  in a court of equity to foreclose the lien of assessment as a

26  lien for mortgages is or may be foreclosed under the laws of

27  the state; provided that any such proceedings to foreclose

28  shall embrace all installments of principal remaining unpaid

29  with accrued interest thereon, which installments shall, by

30  virtue of the institution of such proceedings immediately

31  become due and payable. Nevertheless, if, prior to any sale of

                                  33

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  the property under decree of foreclosure in such proceedings,

 2  payment be made of the installment or installments which are

 3  shown to be due under the provisions of the resolution passed

 4  pursuant to this section, and all costs including attorney's

 5  fees, such payment shall have the effect of restoring the

 6  remaining installments to their original maturities and the

 7  proceedings shall be dismissed. It shall be the duty of the

 8  District to enforce the prompt collection of assessments by

 9  the means herein provided, and such duty may be enforced at

10  the suit of any holder of bonds issued under this act in a

11  court of competent jurisdiction by mandamus or other

12  appropriate proceedings or action. Not later than 30 days

13  after the annual installments are due and payable, it shall be

14  the duty of the board to direct the attorney or attorneys whom

15  the board shall then designate, to institute actions within 3

16  months after such direction to enforce the collection of all

17  non-ad valorem assessments for improvements made under this

18  section and remaining due and unpaid at the time of such

19  direction. Such action shall be prosecuted in the manner and

20  under the conditions in and under which mortgages are

21  foreclosed under the laws of the state. It shall be lawful to

22  join in one action the collection of assessments against any

23  or all property assessed by virtue of the same assessment roll

24  unless the court shall deem such joiner prejudicial to the

25  interest of any defendant. The court shall allow reasonable

26  attorney's fees for the attorney or attorneys of the district,

27  and the same shall be collectible as a part of or in addition

28  to the costs of the action. At the sale pursuant to decree in

29  any such action, the District may be a purchaser to the same

30  extent as an individual person or corporation, except that the

31  part of the purchase price represented by the assessments sued

                                  34

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  upon and the interest thereon need not be paid in cash.

 2  Property so acquired by the District may be sold or otherwise

 3  disposed of, the proceeds of such disposition to be placed in

 4  the fund provided by subsection (11). However, no sale or

 5  other disposition thereof shall be made unless the notice

 6  calling for bids therefor to be received at a stated time and

 7  place shall have been published in a newspaper of general

 8  circulation in the District once in each of 4 successive weeks

 9  prior to such disposition.

10         (11)  All assessments and charges made under the

11  provisions of this section for the payment of all or any part

12  of the cost of any improvements for which assessment bonds

13  shall have been issued under the provisions of this act are

14  hereby pledged to the payment of the principal of and the

15  interest on such assessment bonds and shall, when collected,

16  be placed in a separate fund, properly designated, which fund

17  shall be used for no other purpose than the payment of such

18  principal and interest.

19         (12)  The counties in which the District is located and

20  each school district and other political subdivision wholly or

21  partly within the District shall be subject to the same duties

22  and liabilities in respect of assessment under this section

23  affecting the real estate of such counties, school districts,

24  or other political subdivisions which private owners of real

25  estate are subject to hereunder, and such real estate of any

26  such counties, school districts, and political subdivision

27  shall be subject to liens for said assessments in all cases

28  where the same property would be subject had it at the time

29  the lien attached been owned by a private owner, except that

30  no such lien may be foreclosed unless and until said real

31  

                                  35

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  estate is conveyed to a person or entity which is not a

 2  political subdivision.

 3         Section 10.  The Board shall cause to be made at least

 4  once each year a comprehensive report of its water system,

 5  wastewater reuse system, and wastewater system including all

 6  matters relating to rates, revenues, expenses of maintenance,

 7  repair, and operation and renewals and capital replacements,

 8  principal and interest requirements, and the status of all

 9  funds and accounts. Copies of such general report shall be

10  filed with the vice chair and shall be open to public

11  inspection.

12         Section 11.  Any holder of bonds issued under the

13  provisions of this act, or of any of the coupons appertaining

14  thereto, except as to the extent that the rights herein

15  granted may be restricted by the resolution authorizing the

16  issuance of such bonds, may, either at law or in equity, by

17  suit, mandamus or other proceeding, protect and enforce any

18  and all rights under the laws of the state or granted

19  hereunder or under such resolutions, and may enforce and

20  compel the performance of all duties required by this act and

21  by such resolutions to be performed by the District or by the

22  board or by any officer or officers or employees thereof,

23  including the fixing and charging and collecting of rates,

24  fees, and charges for the services and facilities furnished by

25  the water system, wastewater reuse system, or wastewater

26  system and the due and proper collection of any non-ad valorem

27  assessments pledged therefor.

28         Section 12.  (1)  As the exercise of the powers

29  conferred by this act constitutes the performance of essential

30  public functions and as the systems constructed under the

31  provisions of this act constitute public property used for

                                  36

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  public purposes, such District and the property thereof,

 2  including all revenues, moneys, or other assets of any type or

 3  character, shall not be subject to taxation by the state or

 4  any political subdivision, agency, instrumentality, or

 5  municipality thereof, and it is hereby expressly found,

 6  determined, and declared that all of the lands and real estate

 7  in said District will be benefited by the construction or

 8  acquisition of the systems, and additions, extensions, and

 9  improvements thereto, provided for in this act.

10         (2)  All bonds or other obligations issued under this

11  act shall be exempt from all taxation by the state or any

12  county, municipality, or political subdivision thereof;

13  however, the exemption does not apply to any tax imposed by

14  chapter 220, Florida Statutes, on interest, income, or

15  profits; however, the exemption does not apply to any tax

16  imposed by chapter 220, Florida Statutes, on interest, income,

17  or profits on debt obligations owned by corporations. Such

18  bonds or other obligations shall be and constitute securities

19  eligible for deposit as collateral to secure any state,

20  county, municipal, or other public funds, and shall also be

21  and constitute legal investments for any banks, savings banks,

22  trust funds, executors, administrators, state, county,

23  municipal, or other public funds, or any other fiduciary

24  funds.

25         Section 13.  In any case where the character or

26  condition of the sewage from or originating in any

27  manufacturing or industrial plant or building or premises is

28  such that it imposes an unreasonable burden upon the

29  wastewater system, an additional charge may be made therefor

30  or the Board may, if it deems it advisable, compel such

31  manufacturing or industrial plant, building, or premises to

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  treat such wastewater in such manner as shall be specified by

 2  the Board before discharging such wastewater into any

 3  wastewater lines owned, maintained, or operated by the

 4  District.

 5         Section 14.  The District is authorized to enter into

 6  any agreement for the delivery of any revenue bonds,

 7  assessment bonds, or any combination thereof, at one time or

 8  from time to time as full or partial payment for any work done

 9  by any contractor who may have been awarded a contract for the

10  construction of all or any part of any system. However, any

11  such bonds so delivered for payment of services shall have

12  been authorized and issued pursuant to the provisions of this

13  act and shall otherwise conform to the provisions thereof.

14         Section 15.  (1)  All contracts for the purchase of

15  commodities or contractual services in excess of $25,000 let,

16  awarded, or entered into by the District for the construction,

17  reconstruction, or addition to any system shall be publicly

18  advertised and bid. The Board shall adopt procedures for

19  public advertisement and call for sealed bids; which

20  procedures may vary the frequency and length of publication

21  based on the amount of the procurement.

22         (2)  Such advertisement for bids, in addition to the

23  other necessary and pertinent matter, shall state in general

24  terms the nature and description of the improvement or

25  improvements to be undertaken and shall state that detailed

26  plans and specifications for such work are on file in the

27  office of the vice chair or will be mailed upon request to

28  interested parties. The award shall be made to the responsible

29  and competent bidder or bidders who shall offer to undertake

30  the improvements at the lowest cost to the District and such

31  bidder or bidders shall be required to file bond for the full

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  and faithful performance of such work and the execution of any

 2  such contract in such amount as the Board shall determine. No

 3  criteria may be used in determining the acceptability of the

 4  bid that was not set forth in the invitation to bid. The

 5  contract shall be awarded with reasonable promptness by

 6  written notice to the qualified and responsive bidder who

 7  submits the lowest responsive bid.

 8         (3)  When the Board determines that the use of

 9  competitive sealed bidding is not practicable, commodities or

10  contractual services shall be procured by competitive sealed

11  proposals. A request for proposals which includes a statement

12  of the commodities or contractual services sought and all

13  contractual terms and conditions applicable to the

14  procurement, including the criteria, which shall include, but

15  not be limited to, price, to be used in determining

16  acceptability of the proposal shall be issued. To ensure full

17  understanding of and responsiveness to the solicitation

18  requirement, discussions may be conducted with qualified

19  offerors. The offerors shall be accorded fair and equal

20  treatment prior to the submittal dates specified in the

21  request for proposals with respect to any opportunity for

22  discussion and revision of proposals. The award shall be made

23  to the responsible offeror whose proposal is determined in

24  writing to be the most advantageous to the District, taking

25  into consideration the price and the other criteria set forth

26  in the request for proposals.

27         (4)  If the chair of the Board, or his or her designee,

28  determines in writing that an immediate danger to the public

29  health, safety, or welfare or other substantial loss to the

30  District requires emergency action, the provisions of this

31  section requiring competitive bidding or proposals shall be

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  waived. After the chair or his or her designee makes such a

 2  written determination, the District may proceed with the

 3  procurement of commodities or contractual services

 4  necessitated by the immediate danger, without competition.

 5  However, such emergency procurement shall be made with such

 6  competition as is practicable under the circumstances.

 7  Commodities or contractual services available only from a

 8  single source may be excepted from the bid requirements if it

 9  is determined that such commodities or services are available

10  only from a single source and such determination is documented

11  and approved by the Board. Nothing in this section shall be

12  deemed to prevent the district from hiring or retaining such

13  consulting engineers, or other professionals or other

14  technicians as it shall determine, in its discretion,

15  consistent with the requirements of section 287.055, Florida

16  Statutes, or for undertaking any construction work with its

17  own resources and without any such public advertisement.

18         Section 16.  The same rates, fees, charges, and non-ad

19  valorem assessments shall be fixed, levied, and collected on

20  the property, officers, and employees of the counties, or any

21  school district, or other political subdivision included

22  within the District, as are fixed, levied, and collected on

23  all other properties or persons in the District as provided in

24  this act.

25         Section 17.  Any county, municipality, or other

26  political subdivision is authorized to sell, lease, grant, or

27  convey any real or personal property to the district and any

28  such sale, grant, lease, or conveyance may be made without

29  formal consideration. The district is authorized to classify

30  as surplus any of its property and dispose of such property

31  

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  consistent with the provisions of sections 274.05 and 274.06,

 2  Florida Statutes.

 3         Section 18.  No system or portion thereof shall be

 4  constructed within the District unless the Board shall give

 5  its consent thereto and approve the plans and specifications

 6  therefor; subject, however, to the terms and provisions of any

 7  resolution authorizing any bonds and agreements with

 8  bondholders.

 9         Section 19.  The Board shall have no power to mortgage,

10  pledge, encumber, sell, or otherwise convey all or any part of

11  its systems except as otherwise provided in this act, and

12  except that the Board may dispose of any part of such system

13  or systems as may be no longer necessary for the purposes of

14  the District. The provisions of this section shall be deemed

15  to constitute a contract with all bondholders. All District

16  property shall be exempt from levy and sale by virtue of an

17  execution and no execution or other judicial process shall

18  issue against such property nor shall any judgment against the

19  District be a charge or lien on its property; provided that

20  nothing herein contained shall apply to or limit the rights of

21  bondholders to pursue any remedy for the enforcement of any

22  lien or pledge given by the district on revenues derived from

23  the operation of any system.

24         Section 20.  The state does hereby pledge to and

25  covenant and agree with the holders of any bonds issued

26  pursuant to this act that the state will not limit or alter

27  the rights hereby vested in the District to acquire,

28  construct, maintain, reconstruct, and operate its systems and

29  to fix, establish, charge, and collect its service charges

30  therefor, and to fulfill the terms of any agreement made with

31  the holders of such bonds or other obligations, and will not

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  in any way impair the rights or remedies of such holders,

 2  until the bonds, together with interest thereon, with interest

 3  on any unpaid installments of interest, and all costs and

 4  expenses in connection with any action or proceeding by or on

 5  behalf of such holders, are fully met and discharged.

 6         Section 21.  The provisions of this act shall be deemed

 7  to constitute a contract with the holders of any bonds issued

 8  hereunder and shall be liberally construed to effect its

 9  purposes and shall be deemed cumulative and supplemental to

10  all other laws.

11         Section 22.  If any section or provision of this act is

12  held to be invalid or inoperative, then the same shall be

13  deemed severable from and shall not affect the validity of any

14  of the other provisions hereof.

15         Section 23.  The District may assume the operation of

16  any system which substantially fails to meet its financial

17  responsibilities or operating standards pursuant to this act

18  or other laws and regulations of the state, if the Board

19  determines that such action is in the public interest and the

20  system owner conveys ownership to the District.

21         Section 24.  The Board may lease or license the use of

22  any real or personal property of the District upon such terms,

23  conditions, and for such consideration as the Board deems

24  appropriate. However, no such lease or license shall be for a

25  period exceeding 20 years in duration, unless renewed, and

26  provided that the lease or license shall be restricted to

27  permit the grantee to use such property during the term of the

28  lease or license only for civic or public purposes or purposes

29  not in conflict with this act or general law.

30         Section 25.  The District may, in addition to other

31  provisions of this act providing for the accrual of interest,

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  assess an interest charge on contractual obligations owed the

 2  District. Such interest shall accrue at an annual percentage

 3  rate as provided in chapter 687, Florida Statutes, or as

 4  otherwise provided by contract. Such accrued interest charges,

 5  if payment thereof becomes delinquent, may be recovered in the

 6  same manner as provided in this act for other delinquent

 7  rates, fees, charges, or penalties.

 8         Section 26.  The members of the Board of Supervisors

 9  shall be subject to recall as provided by general law for

10  elected officers of municipalities.

11         Section 27.  Any person who shall steal or damage

12  District property, or tamper with or alter District property

13  or threaten or cause actual harm to public health shall be

14  guilty of a criminal offense and misdemeanor within the

15  meaning of section 775.08, Florida Statutes, unless such

16  offense is of a higher degree in general law, and shall be

17  punishable as provided by law.

18         Section 28.  All contracts, obligations, rules,

19  regulations, or policies of any nature existing on the date of

20  enactment of this act shall remain in full force and effect

21  and this act shall in no way affect the validity of such

22  contracts, obligations, rules, regulations, or policies.

23         Section 29.  This act shall not affect the terms of

24  office of the present District Board, nor shall it affect the

25  terms and conditions of employment of any employees of the

26  District.

27         Section 30.  Chapter 96-499, Laws of Florida, is

28  repealed.

29         Section 31.  It is declared to be the intent of the

30  Legislature that if any section, subsection, sentence, clause,

31  phrase, or portion of this act is, for any reason, held

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    Florida Senate - 2003        (NP)                      SB 2904
    23-1858-03                                          See HB 881




 1  invalid or unconstitutional by a court of competent

 2  jurisdiction, such portion shall be deemed to be a separate,

 3  distinct, and independent provision and such holdings shall

 4  not affect the validity of the remaining portions of this act.

 5         Section 32.  This act shall be construed as a remedial

 6  act and the provisions of this act shall be liberally

 7  construed in order to effectively carry out the purpose of

 8  this act in the interest of the public health, welfare, and

 9  safety of the citizens served by the District.

10         Section 33.  All laws or part of laws in conflict

11  herewith are, to the extent of such conflict, repealed.

12         Section 34.  This act shall take effect upon becoming a

13  law.

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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