Senate Bill sb2980

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003        (NP)                      SB 2980

    By Senator Saunders





    37-1375-03                                          See HB 849

  1                      A bill to be entitled

  2         An act relating to the Collier County

  3         Water-Sewer District, an independent special

  4         district in Collier County; codifying,

  5         amending, reenacting, and repealing the

  6         District's special acts; providing legislative

  7         intent, jurisdiction, and restrictions with

  8         regard to the City of Naples, Everglades City,

  9         the Immokalee Water and Sewer District, the

10         City of Marco Island, the geographic area

11         called Golden Gate, and other specified

12         unincorporated areas of Collier County;

13         providing definitions; providing authority with

14         regard to adoption of rates, fees, and charges

15         and issuance of bonds, trust funds, and

16         trustees; providing for covenants of District

17         Board with bondholders; providing that unpaid

18         fees constitute liens; providing for

19         publication of notice of issuance of bonds and

20         that bonds shall have the qualities of

21         negotiable instruments; providing for rights of

22         holders and annual reports of the District

23         Board; continuing provisions for District bonds

24         as securities for public bodies; providing for

25         contracts for construction of improvements and

26         sealed bids, and special assessments;

27         prohibiting free water and free sewer service;

28         providing for impact fees; providing for

29         conveyances of property without consideration;

30         providing for District approval of construction

31         of water and sewage facilities; providing for

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1         construction; providing for penalties and

 2         enforcement; repealing chapters 73-437, 74-462,

 3         77-531, 78-489, 78-492, 80-484, 82-280, 88-499,

 4         89-452, and 96-451, Laws of Florida; providing

 5         an effective date.

 6  

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

 8  

 9         Section 1.  Pursuant to section 189.429, Florida

10  Statutes, this act constitutes the codification of all special

11  acts relating to the Collier County Water-Sewer District, an

12  independent special district and public corporation of the

13  state. It is the intent of the Legislature in enacting this

14  law to provide a single, comprehensive special act charter for

15  the District, including all current legislative authority

16  granted to the District by its several legislative enactments

17  and any additional authority granted by this act. It is

18  further the intent of this act to preserve all District

19  authority, including the authority to annually assess and levy

20  taxes or non-ad valorem assessments against all assessable

21  property in the District.

22         Section 2.  Chapters 73-437, 74-462, 77-531, 78-489,

23  78-492, 80-484, 82-280, 88-499, 89-452, and 96-451, Laws of

24  Florida, are amended, reenacted, codified, and repealed as

25  herein provided.

26         Section 3.  The charter for the Collier County

27  Water-Sewer District is re-created and reenacted to read:

28         Section 1.  Legislative intent.--It is declared as a

29  matter of legislative determination that the extensive growth

30  population and attendant commerce throughout Collier County

31  continue to give rise to public health and water supply

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1  concerns, in that many of the unincorporated areas of Collier

 2  County are not served by water and sewer facilities normally

 3  and generally provided and maintained by governmental agencies

 4  and, instead, are served by private wells and privately-owned

 5  package sewage treatment plants or septic tanks; that the

 6  proliferation of such package sewage treatment plants and use

 7  of septic tanks poses a significant risk of contamination of

 8  water supply sources for both incorporated and unincorporated

 9  areas of Collier County; that it is the intent of the

10  Legislature to continue to authorize the Board of County

11  Commissioners of Collier County to act as the governing board

12  (District Board) of the Collier County Water-Sewer District

13  with overall responsibility for the provision of water and

14  sewer services to specified geographic areas of Collier County

15  as hereinafter provided.

16         Section 2.  Collier County Water-Sewer District

17  reestablished.--This District is a political subdivision of

18  the state and a body corporate and politic. The Board of

19  County Commissioners of Collier County shall be the governing

20  board of the District with rights, powers, and

21  responsibilities as provided in this act and by general law,

22  including, but not limited to, the authority to enact

23  ordinances and adopt resolutions, to adopt rules and

24  regulations for its own government and proceeding, and to

25  adopt an official seal for the District. This act may be known

26  and be cited as the "Collier County Water-Sewer District Act."

27         Section 3.  Jurisdiction, restrictions, and boundaries

28  as applied to the City of Naples, Everglades City, Immokalee

29  Water and Sewer District, Marco Island, Golden Gate, and other

30  unincorporated areas.--

31  

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1         (1)  The Collier County Water-Sewer District Board

 2  shall exercise jurisdiction over the provision of water and

 3  sewer services within the boundaries as hereinafter provided

 4  for. The Board shall be exempt from the provisions of chapter

 5  120, Florida Statutes. No privately-owned water or sewer

 6  utility shall be abandoned without adequate provision for

 7  continuance of service and the prior approval of the Board.

 8         (2)  Notwithstanding any other provisions of this act,

 9  the District Board shall exercise no jurisdiction or power of

10  any kind over properties located within the boundaries of the

11  City of Naples water and/or sewer service areas, or Everglades

12  City, as all such boundaries exist on the effective date of

13  this act, except as may be consented to in writing by the

14  respective city councils. The District Board may exercise

15  jurisdiction and power over properties located within the

16  prior geographic boundaries of the Pelican Bay Improvement

17  District. In 1991 the District assumed the bonds of that

18  District and, pursuant to Resolution No. 91-216 began serving

19  within that geographic area.

20         (3)  Any portion of the unincorporated area of Collier

21  County, except the Immokalee Water and Sewer District, and the

22  areas described in subsection (5), paragraphs A., B., C., and

23  D., may be added to the boundaries of the Collier County

24  Water-Sewer District by adoption of a resolution by the

25  District Board. Such resolution may be adopted only after

26  notice of intent to consider the resolution at a public

27  hearing at a specified date, place, and time shall have been

28  published at least once a week for 2 consecutive weeks in a

29  newspaper of general circulation in Collier County. Areas

30  described in paragraphs A., B., C., or D. in subsection (5)

31  

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1  can be added to the District's service area as then authorized

 2  by law.

 3         (4)  Nothing in this act shall be construed to negate

 4  or otherwise limit the powers, authority, and jurisdiction of

 5  the Board of County Commissioners of Collier County to provide

 6  for water and sewer services under then-existing general law

 7  in any portion of Collier County.

 8         (5)  The boundaries of the District are described as

 9  follows:

10  

11         Beginning at the easterly shoreline of the Gulf

12         of Mexico and the North line of Section 6,

13         Township 48 South, Range 25 East, Tallahassee

14         Meridian, Collier County, Florida; thence East

15         along the North line of said Section 6 and

16         Section 5 to the Northeast corner of Section 5,

17         Township 48 South, Range 25 East; thence South

18         along the East line of said Section 5 to the

19         Southeast corner of said Section 5, Township 48

20         South, Range 25 East; thence East along the

21         North line of Sections 9, 10, 11, and 12 of

22         Township 48 South, Range 25 East to the

23         Northeast corner of Section 12, Township 48

24         South, Range 25 East; thence East along the

25         North line of Sections 7, 8, and 9 to the

26         Northeast corner of Section 9, Township 48

27         South, Range 26 East; thence South along the

28         East Section line of Sections 9 and 16 to the

29         Southeast corner of Section 16, Township 48

30         South, Range 26 East; thence East along the

31         North Section line of Sections 22 and 23 to the

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1         Northeast corner of Section 23, Township 48

 2         South, Range 26 East; thence South along the

 3         East section line of Sections 23, 26 and 35 to

 4         the Southeast corner of Section 35, Township 48

 5         South, Range 26 East; thence South along the

 6         East line of Sections 2, 11, 14, 23, and 26 to

 7         the Southeast corner of Section 26, Township 49

 8         South, Range 26 East; thence East along the

 9         North line of Section 36, Township 49 South,

10         Range 26 East to the Northeast corner of said

11         Section 36; thence South along the East line of

12         Section 36, Township 49 South, Range 26 East to

13         the Southeast corner of said Section 36; thence

14         South along the East line of Section 1 to the

15         Southeast corner of Section 1, Township 50

16         South, Range 26 East; thence West along the

17         North line of Section 12, Township 50 South,

18         Range 26 East to the Northwest corner of said

19         Section 12; thence South along the East line of

20         Sections 11, 14, 23, 26 and 35, Township 50

21         South, Range 26 East to the Southeast corner of

22         Section 35, Township 50 South, Range 26 East;

23         thence South along the East line of Section 2,

24         Township 51 South, Range 26 East to a point of

25         the East line of Section 2 lying one (1) mile

26         North, as measured perpendicular to the

27         Northerly right-of-way line of U.S. 41, State

28         Road 90, Tamiami Trail; thence Southeasterly

29         along a line lying one (1) mile North, as

30         measured perpendicular to the Northerly

31         right-of-way line of U.S. 41, State Road 90,

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1         Tamiami Trail, to a point on the East Section

 2         line of Section 22, Township 51 South, Range 27

 3         East; thence continue South along the East

 4         Section line of Sections 22, 27 and 34,

 5         Township 51 South, Range 27 East, to the

 6         Southeast corner of said Section 34; thence

 7         continue South along the East Section line of

 8         Section 3, Township 52 South, Range 27 East, to

 9         the intersection of said East Section line of

10         Section 3 with Black Water River; thence

11         Southerly along the waters of Black Water River

12         and Black Water Bay to their intersection with

13         Gullivan Bay; thence Westerly along the waters

14         of Gullivan Bay and Sunfish Flat and Caxambas

15         Bay to Caxambas Pass; thence West through

16         Caxambas Pass to the Easterly shoreline of the

17         Gulf of Mexico; thence Northerly along the

18         Easterly shoreline of the Gulf of Mexico to the

19         intersection of the Easterly shoreline of the

20         Gulf of Mexico and the North line of Section 6,

21         Township 48 South, Range 25 East, being the

22         Point of Beginning; AND Beginning at the

23         southwest corner of Section 31, Township 48

24         South, Range 27 East; thence along the west

25         line of said Section 31, North 01°09'24" West

26         171.66 feet; thence leaving said west line

27         North 83°50'36" East 127.49 feet; thence North

28         68°11'27" East 312.23 feet; thence South

29         83°37'40" East 1074.79 feet; thence North

30         12°38'39" East 90.57 feet; thence North

31         74°34'44" West 439.84 feet; thence North

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1         89°59'36" West 538.03 feet; thence North

 2         47°32'40" West 324.00 feet; thence North

 3         29°27'34" West 131.44 feet; thence North

 4         06°47'28" West 278.30 feet; thence North

 5         85°09'12" East 1515.99 feet; thence North

 6         04°50'48" West 350.00 feet; thence North

 7         89°57'58" East 940.00 feet; thence North

 8         22°40'09" East 580.00 feet; thence North

 9         32°24'35" West 831.83 feet; thence North

10         07°23'02" West 1884.92 Feet; thence North

11         24°30'12" East 230.40 feet; thence North

12         63°03'47" East 78.78 feet; thence South

13         60°24'49" East 68.67 feet; thence South

14         69°35'20" East 178.33 feet; thence South

15         66°45'54" East 103.57 feet; thence South

16         41°21'25" East 58.77 feet; thence South

17         09°23'59" East 146.74 feet; thence South

18         60°56'19" East 161.95 feet; thence South

19         86°10'30" East 169.68 feet; thence South

20         65°47'35" East 108.59 feet; thence South

21         61°42'19" East 160.73 feet; thence South

22         51°09'20" East 246.90 feet; thence South

23         17°08'46" East 135.69 feet; thence South

24         05°30'20" East 174.19 feet; thence South

25         36°22'19" East 85.39 feet; thence South

26         01°28'39" West 193.59 feet; thence South

27         20°43'55" West 57.31 feet; thence North

28         89°21'53" East 132.49 feet; thence South

29         00°38'07" East 600.72 feet; thence North

30         87°40'00" East 1319.77 feet to a point on the

31         east 1/4 corner of said Section 31; thence

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1         along the east line of said Section 31, South

 2         00°39'23" East 2682.53 feet to the southeast

 3         corner of said Section 31; thence along the

 4         south line of said Section 31, South 87°55'34"

 5         West 5136.08 feet to the Point of Beginning of

 6         the parcel herein described; containing 112,640

 7         acres more or less; subject to easements and

 8         restrictions of record, bearings are based on

 9         the south line of said Section 31, being South

10         87°55'34" West; LESS AND EXCEPT all of the

11         following:

12  

13         A.  Any lands lying within the City of Naples

14         water and sewer service areas as may be revised

15         from time to time by mutual agreement between

16         the City of Naples and the County Water-Sewer

17         District of Collier County, Florida.

18  

19         B.  All lands that are subject to Florida

20         Public Service Commission Certificate No. 452-W

21         and Florida Public Service Commission

22         Certificate No. 386-S, heretofore granted to

23         Marco Island Utilities pursuant to Florida

24         Public Service Commission Order No. 17218; and

25         (LESS and EXCEPT) all lands that are subject to

26         Florida Public Service Commission Certificate

27         No. 470-W and Florida Public Service Commission

28         Certificate No. 405-S heretofore granted to

29         Marco Shore Utilities pursuant to Florida

30         Public Service Commission Order No. 17218.

31  

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1         C.  All lands known as the City of Golden Gate

 2         (an unincorporated area) described as

 3         follows:  All of Sections 21, 22, 27, and 28,

 4         Township 49 South, Range 26 East, less the East

 5         100 feet of said Sections 22 and 27. Also the

 6         following described portions of Sections 15 and

 7         16, Township 49 South, Range 26 East. Commence

 8         at the Southeast corner of said Section 15, S.

 9         84°44'22"W. along the South line of the SE 1/4

10         of said Section 15 for 100.42 feet to a point

11         on the Westerly right-of-way line of State Road

12         No. 858 and the POINT OF BEGINNING; thence

13         continue S. 84°44'22"W. 2,555.94 feet to the

14         South 1/4 corner of said Section 15; thence S.

15         84°32'25"W. along the South line of the SW 1/4

16         of said Section 15 for 2,653.76 feet to the

17         Southeast corner of aforesaid Section 16;

18         thence S. 89°51'27"W. along the South line of

19         said Section 16 for 5,290.68 feet to the

20         Southwest corner of said Section 16; thence N.

21         00°36'43"W. along the West line of the SW 1/4

22         of said Section 16 for 641.49 feet; thence S.

23         89°57'11"E., 5,290.05 feet to a point of

24         intersection with the East line of the SE 1/4

25         of the said Section 16, said point bearing N.

26         00°41'07"W. and a distance of 624.00 feet from

27         the Southeast corner of said Section 16; thence

28         East 5,194.36 feet to a point of the Westerly

29         right-of-way line of State Road No. 858; thence

30         South, along said Westerly right-of-way line,

31         137.12 feet to the POINT OF BEGINNING, all of

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1         the above lying and being in Collier County,

 2         Florida. NOTE: No part of this land is within

 3         any boundary of any municipal corporation.

 4  

 5         D.  Everglades City; The Immokalee Water and

 6         Sewer District. Because no boundary of the

 7         Collier County Water-Sewer District is now in

 8         close physical proximity to either the

 9         Everglades City or to the Immokalee Water and

10         Sewer District, it is not necessary to describe

11         with particularity in this act the geographic

12         boundaries of that City or that District.

13  

14         Section 4.  Definitions.--As used in this act, the

15  following words and terms shall have the following meanings,

16  unless some other meaning is plainly intended:

17         (1)  "District" means the Collier County Water-Sewer

18  District and the geographic boundaries of the District.

19         (2)  "Board" or "District Board" means the Board of

20  County Commissioners of Collier County, acting as the

21  governing board of the Collier County Water-Sewer District.

22         (3)  "Bonds" means revenue bonds and assessment bonds.

23         (4)  "District Clerk" means the Clerk of the Circuit

24  Court and the ex officio Clerk of the Board of County

25  Commissioners of Collier County, who shall be clerk and

26  treasurer of the District.

27         (5)  "System" means the water and/or the sewer system

28  of the District.

29         (6)  "Sewer system" means and includes any plant,

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

31  improvements thereto at any future time constructed or

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1  acquired as part thereof, useful or necessary or having the

 2  present capacity for future use in connection with the

 3  collection, treatment, purification, or disposal of sewage of

 4  any nature or originating from any source, including

 5  industrial wastes resulting from any processes of industry,

 6  manufacture, trade, or business or from the development of any

 7  natural resources; and without limiting the generality of the

 8  foregoing definition shall embrace treatment plants, pump

 9  stations, lift stations, valves, force mains, intercepting

10  sewers, laterals, pressure lines, mains, and all necessary

11  appurtenances and equipment, all sewer mains and laterals for

12  the reception and collection of sewage from premises connected

13  therewith, and shall include all real and personal property

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

15  any nature whatsoever relating to any such system and

16  necessary or convenient for the operation thereof.

17         (7)  "Water system" means and includes any plant,

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

19  improvements thereto at any future time constructed or

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

21  present capacity for future use in connection with the

22  development of sources, treatment, or purification and

23  distribution of water for domestic or industrial use and,

24  without limiting the generality of the foregoing, includes

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

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

27  water to the premises connected with such system and includes

28  all real and personal property and any interests therein,

29  rights, easements, and franchises of any nature whatsoever

30  relating to any such system and necessary or convenient for

31  the operation thereof.

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1         (8)  "Cost" as applied to the acquisition and

 2  construction extensions, additions, or improvements to the

 3  system includes the cost of: construction or reconstruction,

 4  acquisition, or purchase; all labor, materials, machinery, and

 5  equipment; all lands and interest therein, property, rights,

 6  easements, and franchises of any nature whatsoever; financing

 7  charges, and interest prior to and during construction and for

 8  not more than 2 years after completion of the construction or

 9  acquisition, extensions, additions, or improvements to the

10  system; the creation of initial reserve or debt service funds,

11  and bond discount; plans and specifications, surveys, and

12  estimates of costs and revenues; engineering, financial, and

13  legal services; and all other expenses necessary or incidental

14  in determining the feasibility or practicability of such

15  construction, reconstruction, or acquisition, administrative

16  expenses, and such other expenses as may be necessary or

17  incidental to financing authorized by this act, and including

18  reimbursement to Collier County or to any other person, firm,

19  or corporation for any moneys advanced to the District for any

20  expenses incurred by the District or Collier County in

21  connection with any of the foregoing items of cost, or the

22  reestablishment of the District.

23         (9)  "Assessable improvements" means that portion or

24  portions of a sewer system or a water system of a local nature

25  and of benefit to the premises or lands served thereby and

26  particularly, without limiting the generality of the

27  foregoing, with reference to a sewer system, includes, without

28  being limited to, laterals and mains for the collection and

29  reception of sewage from premises connected therewith, local

30  or auxiliary pumping or lift stations, treatment plants or

31  disposal plants, and other appurtenant facilities and

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1  equipment for the collection, treatment, and disposal of

 2  sewage; and, with reference to a water system, includes such

 3  mains and laterals and other distribution facilities, pumping

 4  stations, and sources of supply as are of benefit to the

 5  property served by such water system together with incidental

 6  equipment and appurtenances necessary therefore.

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

 8  secured by and payable from the revenues derived from rates,

 9  fees, and charges collected by the District from the users or

10  future users of the facilities of the system, and which may be

11  additionally secured by a pledge of the proceeds of special

12  assessments levied against benefited property.

13         (11)  "Assessment bonds" means bonds or other

14  obligations secured by and payable from special assessments

15  levied against benefited lands, and which may be additionally

16  secured by a pledge of other moneys received by the District.

17         Section 5.  Powers and duties of the District

18  Board.--The Collier County Water-Sewer District Board shall

19  have the following powers and duties in addition to and

20  supplementing other powers granted in this act and powers

21  granted to counties by general law:

22         (1)  To construct, install, erect, acquire, and to

23  operate, maintain, improve, extend, or enlarge and reconstruct

24  a water system or a sewer system, or both, within the

25  geographic boundaries of the District and the environs thereof

26  and to have the exclusive control and jurisdiction thereof;

27  and to issue its revenue bonds or assessment bonds, or any

28  combination of the foregoing, to pay all or part of the cost

29  of such construction, reconstruction, erection, acquisition,

30  or installation of such water system, sewer system, or both.

31  

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1         (2)  To regulate the use of sewers and the supply of

 2  water within the District's boundaries and to prohibit the use

 3  and maintenance of outhouses, privies, septic tanks, package

 4  sewage treatment plants, or other unsanitary structures or

 5  appliances.

 6         (3)  To fix and collect rates, fees, and other charges

 7  (including impact fees and system development charges) to

 8  persons or property or both for the use of the facilities and

 9  services provided by the water system or sewer system or both,

10  and to fix and collect charges for making connections with the

11  water system or sewer system, and to provide for reasonable

12  penalties on any users or property for any such rates, fees,

13  or charges that are delinquent.

14         (4)  To acquire in the name of the District by

15  purchase, gift, or the exercise of the right of eminent

16  domain, pursuant to chapters 73 and 74, Florida Statutes, such

17  lands and rights and interests therein, including lands under

18  water and riparian rights, and to acquire such personal

19  property as it may deem necessary in connection with the

20  construction, reconstruction, improvement, extension,

21  installation, erection, or operation and maintenance of the

22  system, and to hold and dispose of all real and personal

23  property under its control. The power of eminent domain may be

24  exercised both within and outside the boundaries of the

25  District but within the boundaries of Collier County. The

26  eminent domain powers of the District as authorized in this

27  section may not be exercised in the areas specifically

28  excluded from the District's jurisdiction and boundaries in

29  section 3, except as provided in this section for the exercise

30  of such jurisdiction or for the addition to the boundaries of

31  the District of such specific areas.

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1         (5)  To exercise exclusive jurisdiction, control, and

 2  supervision over the system, or any part thereof owned,

 3  operated, or maintained by the District and to make and

 4  enforce such rules and regulations for the maintenance and

 5  operation of the system as may be, in the judgment of the

 6  Board, necessary or desirable for the efficient operation of

 7  the system or improvements in accomplishing the purposes of

 8  this act.

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

10  violation of this law or of any resolution, rule, or

11  regulation adopted pursuant to the powers granted by this act

12  or by general law.

13         (7)  To join with any other districts, cities, towns,

14  counties, or other political subdivisions, public agencies, or

15  authorities in the exercise of common powers.

16         (8)  To contract with other private or public entities

17  or persons to provide or receive a water supply or for sewage

18  disposal, collection, or treatment or to operate the water or

19  sewer system of such entity or person.

20         (9)  To prescribe methods of pretreatment of industrial

21  wastes not amenable to treatment with domestic sewage before

22  accepting such wastes for treatment and to refuse to accept

23  such industrial wastes when not sufficiently pretreated as may

24  be prescribed, and by proper ordinance or resolution to

25  prescribe penalties for the refusal of any person or

26  corporation to so pretreat such industrial wastes.

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

28  whenever and wherever they are accessible, and to require and

29  enforce the installation and dedication to the District of

30  water and/or sewer facilities and easements as a condition

31  precedent to the provision of service by the District or by

                                  16

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1  another entity authorized by the District to provide interim

 2  service until District facilities are available.

 3         (11)  To sell or otherwise dispose of the effluent,

 4  sludge, or other byproducts as a result of sewage treatment.

 5         (12)  To accomplish construction by awarding, letting,

 6  or entering into contracts for all or any part or parts of the

 7  construction of the system in accordance with the Collier

 8  County Purchasing Ordinance, and any successor or superceding

 9  ordinance, and the Collier County Purchasing Policy

10  Resolution, and any successor or superceding resolutions.

11         (13)  To construct and operate connecting,

12  intercepting, or outlet sewers and sewer mains and pipes and

13  water mains, conduits, or pipe lines in, along, or under any

14  streets, alleys, highways, or other public places or ways

15  regulated by or under the jurisdiction of the state or the

16  county or any municipality or political subdivision when

17  necessary or convenient for the purposes of the District.

18         (14)  Subject to such provisions and restrictions as

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

20  bonds or other obligations issued under the provisions of this

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

22  States or any agency or instrumentality thereof, with the

23  state or any agency or instrumentality thereof, or with any

24  county, municipality, district, authority, or political

25  subdivision, private corporation, partnership, association, or

26  individual, or any combination(s) thereof, providing for or

27  relating to the treatment, collection, and disposal of sewage,

28  or the treatment, supply, and distribution of water and any

29  other matters relevant thereto or otherwise necessary to

30  effect the purpose of this act, and to receive and accept from

31  any federal or state agency grants or loans for or in aid of

                                  17

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1  the planning, construction, reconstruction, or financing of

 2  improvements, additions, or extensions to the system and to

 3  receive and accept aid or contributions or loans from any

 4  other source of either money, property, labor, or other things

 5  of value, to be held, used, and applied only for the purpose

 6  for which such grants, contributions, or loans may be made.

 7         (15)  To enter into interlocal agreements with any

 8  municipality, county, district, authority, or political

 9  subdivision for any corporate purpose of the District,

10  including, but not limited to, borrowing money for

11  construction of improvements, additions, and extensions to the

12  system.

13         (16)  To assume ownership, operation, and control of

14  any county, municipality, district, or authority owned water

15  or sewer system, or both, including the assumption of the

16  financial liabilities associated with such water or sewer

17  system, or both.

18         (17)  To divide the system into separate subsystems or

19  subdistricts for purposes of setting rates, accounting, or

20  financing improvements or additions thereto or deletions

21  therefrom.

22         (18)  To appoint advisory, administrative, or

23  operational boards and committees to assist the Board in the

24  exercise and performance of the powers and duties provided in

25  this act or otherwise by law. The Board may delegate any or

26  all of its powers and duties to such boards and committees.

27         (19)  To do all acts and things necessary or convenient

28  for the conduct of its business and the general welfare of the

29  District in order to carry out the powers and duties provided

30  in this act or then provided in any other law applicable to

31  counties.

                                  18

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1         Section 6.  Adoption of rates, fees, and other

 2  charges.--

 3         (1)  The Board shall adopt the schedule of rates, fees,

 4  or other charges for the use of and the services and

 5  facilities to be furnished by the water system or sewer system

 6  to be paid by the owner, tenant, or occupant of each lot or

 7  parcel of land which may be connected with or used by such

 8  systems. The current schedule of such rates, fees, and other

 9  charges shall be that already in effect in the District and

10  any subdistricts as of the effective date of this act. The

11  Board may thereafter revise the schedule of rates, fees, and

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

13  charges shall be so adopted and revised so as to provide

14  moneys which, with other funds available for such purposes,

15  shall be sufficient at all times to pay the expenses of

16  operating and maintaining the system, including reserves for

17  such purposes, the principal of and interest on revenue bonds

18  or assessment bonds, or any combination thereof, as the same

19  shall become due and reserves therefore, and to provide a

20  margin of safety over and above the total amount of any such

21  payments, and to comply fully with any covenants contained in

22  the resolution authorizing the issuance of any bonds or other

23  obligations of the District. The District shall charge and

24  collect such rates, fees, and charges so adopted or revised,

25  and such rates, fees, and charges shall not be subject to the

26  supervision or regulation by any other commission, board,

27  bureau, agency, or other political subdivision or agency of

28  the county or state.

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

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

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

                                  19

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1  of water consumed or upon the number and size of sewer

 2  connections or upon the number and kind of plumbing fixtures

 3  in use in the premises, or upon the number or average number

 4  of persons residing or working in or otherwise using or

 5  occupying such premises, or by equivalent residential units,

 6  or upon any other factor affecting the use of the facilities

 7  furnished, or upon any combination of the foregoing factors as

 8  may be determined by the Board on any other equitable basis.

 9         (3)  No rates, fees, or charges, including impact fees,

10  shall be adopted or revised under this section until after a

11  public hearing at which all users of the system affected

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

13  served thereby and all others interested shall have an

14  opportunity to be heard concerning the proposed rates, fees,

15  and charges. Notice of such public hearing setting forth the

16  proposed schedule or schedules of rates, fees, and charges

17  shall be given by one publication in a newspaper published in

18  Collier County at least 10 days before the date fixed in such

19  notice for the hearing, which may be adjourned from time to

20  time. After such hearing such schedule or schedules, either as

21  initially adopted or as modified or amended, may be finally

22  adopted.

23         (4)  A copy of the schedule or schedules of such rates,

24  fees, or charges shall be kept on file in the office of the

25  District Clerk and shall be open at all times to the public

26  for inspection. The rates, fees, or charges so adopted for any

27  class of users or property served shall be extended to cover

28  any additional users or properties thereafter served which

29  shall fall in the same class, without the necessity of any

30  hearing or notice. Any change or revision of such rates, fees,

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

                                  20

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1  or charges were originally established as hereinabove

 2  provided, except that if such changes or revisions be made

 3  substantially pro rata as to all classes of service, no

 4  hearing or notice shall be required.

 5         Section 7.  Bonds.--

 6         (1)  The District may, from time to time, issue bonds

 7  to pay the costs and expenses, other than operating expenses,

 8  incurred in carrying out the purposes of this act or to refund

 9  and/or refinance revenue bonds of the District issued pursuant

10  to this act. In anticipation of the sale of such bonds, the

11  District may issue bond anticipation notes and/or commercial

12  paper or similar obligations, and may renew the same from time

13  to time. Such notes and/or obligations may be paid from the

14  revenues derived by the District from the proceeds of the sale

15  of the bonds of the District in anticipation of which they

16  were issued. The notes and/or obligations shall be issued in

17  the same manner as the bonds. Bonds and notes shall be, and

18  shall be deemed to be, for all purposes, negotiable

19  instruments.

20         (2)  The bonds may be issued as serial bonds or as term

21  bonds or the District, in its discretion, may issue bonds of

22  both types. The District may issue capital appreciation bonds

23  or variable rate bonds. The bonds shall be authorized by

24  resolution of the Board and shall bear such date or dates;

25  mature at such time or times, not exceeding 30 years from

26  their respective dates; bear interest at such rate or rates;

27  be payable at such time or times; be in such denomination; be

28  in such form; carry such registration privileges; be executed

29  in such manner; be payable from such sources and in such

30  medium of payment and at such place or places; and be subject

31  to such terms of redemption, including redemption prior to

                                  21

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1  maturity, as such resolution or resolutions may provide. If

 2  any officer whose signature, or a facsimile of whose

 3  signature, appears on any bonds or coupons ceases to be such

 4  officer before the delivery date of such bonds, such signature

 5  or facsimile shall nevertheless be valid and sufficient for

 6  all purposes as if he or she had remained in office until the

 7  delivery. The bonds or notes may be sold at public or private

 8  sale for such price or prices as the Board shall determine.

 9  Pending preparation of the definitive bonds, the District may

10  issue interim receipts or certificates which shall be

11  exchanged for such definitive bonds. The bonds may be secured

12  by such form of credit enhancement, if any, as the Board deems

13  appropriate. The bonds may be secured by an indenture of trust

14  or trust agreement.

15         (3)  The bonds may be validated, at the discretion of

16  the Board, pursuant to chapter 75, Florida Statutes. Section

17  75.04(2), Florida Statutes, shall not apply to bonds validated

18  pursuant to chapter 75, Florida Statutes.

19         Section 8.  Trust funds; trustees.--The proceeds of all

20  bonds or other obligations issued under this act or otherwise

21  pursuant to law, and all revenues derived from the operation

22  of the system for the payment of all or part of the cost of

23  which any bonds or other obligations authorized by this act

24  have been issued shall be and constitute trust funds, and

25  shall be used and applied only in accordance with the

26  proceedings authorizing the issuance of any bonds or other

27  obligations issued pursuant to this act, and the District may

28  appoint trustees, within or without the state, under trust

29  agreements or indentures to hold and administer the proceeds

30  of any such bonds or other obligations or any such revenues.

31  The District may provide that the moneys or funds and accounts

                                  22

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1  established by the proceedings authorizing the issuance of any

 2  revenue bonds shall be subject to the lien of the pledge

 3  established by the proceedings without any physical delivery

 4  thereof and the lien of the pledge shall be valid and binding

 5  as against all parties bringing claims of any kind in tort,

 6  contract, or otherwise against the District.

 7         Section 9.  Covenants of the District Board with

 8  bondholders.--In addition to the other provisions and

 9  requirements of this act, any resolution authorizing the

10  issuance of bonds or any other obligations issued hereunder

11  may contain provisions and the District Board is authorized to

12  provide and may covenant and agree with the several holders of

13  such bonds or other obligations as to:

14         (1)  Reasonable deposits with the District in advance

15  to ensure the payment of rates, fees, or charges for the

16  facilities of the system.

17         (2)  The discontinuance of the services and facilities

18  of the system, or both, for delinquent payments for either

19  water services or sewer services, and the terms and conditions

20  of the restoration of such service.

21         (3)  Limitations on the powers of the District to

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

23  acquisition, or operation of any plants, structures,

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

25  with the system.

26         (4)  The manner and method of paying service charges

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

28         (5)  Subject to this act, the manner and order of

29  priority of the disposition of revenues or redemption of any

30  bonds or other obligations.

31  

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1         (6)  Terms and conditions for modification or amendment

 2  of the resolution authorizing the issuance of bonds or other

 3  obligations.

 4         (7)  Provisions for and limitations on the appointment

 5  of a trustee for bondholders for the system.

 6         (8)  Provisions as to the appointment of a receiver of

 7  the system on default of principal or interest on any such

 8  bonds or other obligations or the breach of any covenant or

 9  condition of the resolution authorizing such bonds or other

10  obligations.

11         (9)  Provisions as to the execution and entering into

12  of trust agreements regarding the holding and disposition of

13  revenues derived from the system or bonds.

14         (10)  Provisions as to the maintenance of the system

15  and reasonable insurance thereof.

16         (11)  Any other matters necessary to secure the bonds

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

18  such provisions of the resolution shall constitute valid and

19  legally binding contracts between the District and several

20  holders of any such bonds and shall be enforceable by any such

21  holder or holders by mandamus or other appropriate action,

22  suit, or proceeding in law of equity in any court of competent

23  jurisdiction.

24         Section 10.  Unpaid fees to constitute lien.--In the

25  event that the fees, rates, or charges for the services and

26  facilities of the system shall not be paid as and when due,

27  any unpaid balance thereof and all interest accruing thereon

28  shall 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 taxes and

                                  24

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1  shall be on parity with the lien of any such county taxes. In

 2  the event that any such service charge shall not be paid as

 3  and when due and shall be in default for 30 days or more, the

 4  unpaid balance thereof and all interest accrued thereon,

 5  together with attorney's fees and costs, may be recovered by

 6  the District in a civil action, and any such lien and accrued

 7  interest may be foreclosed or otherwise enforced by the

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

 9  a mortgage on real property.

10         Section 11.  Publication of notice of issuance of

11  bonds.--Prior to the issuance of bonds or other obligations,

12  the Board, in its discretion, may publish a notice at least

13  once in a newspaper published in Collier County stating the

14  date of adoption of the resolution authorizing such

15  obligations and the amount, maximum rate of interest, and

16  maturity of such obligations and the purpose in general terms

17  for which such obligations are to be issued, and further

18  stating that any action contesting the bonds, proceedings

19  authorizing the issuance thereof, or of any covenants relating

20  thereto must be instituted within 20 days after the first

21  publication of such notice, or the validity of such

22  obligations or proceedings or covenants shall not thereafter

23  be questioned in any court whatsoever. If no such action or

24  proceeding is so instituted within such 20-day period, then

25  the validity of such obligations, proceedings, and covenants

26  shall be conclusive, and all persons or parties whatsoever

27  shall be forever barred from questioning the validity of such

28  obligations, proceedings, or covenants in any court

29  whatsoever.

30         Section 12.  Bonds; qualities of negotiable

31  instruments; rights of holders.--All bonds issued hereunder

                                  25

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1  shall not be invalid for any irregularity or defect in the

 2  proceedings for the issuance and sale thereof and shall be

 3  incontestable in the hands of bona fide purchasers for value.

 4  No proceedings in respect to the issuance of such bonds shall

 5  be necessary except such as are required by this act. The

 6  provisions of this act shall constitute an irrevocable

 7  contract between the District and the holders of any such

 8  bonds or coupons thereof issued pursuant to the provisions

 9  hereof. Any holder of such bonds may either at law or in

10  equity, by suit, action, or mandamus, enforce and compel the

11  performance of the duties required by this act or by general

12  law, or of any of the officers or persons herein mentioned in

13  relation to said bonds, or the levy, assessment, collection,

14  and enforcement and application of the revenues, assessments,

15  or other funds pledged for the payment of the principal and

16  interest thereof.

17         Section 13.  Annual reports of the District Board.--The

18  District Board shall cause to be made at least once each year

19  a comprehensive report of its system, including all matters

20  relating to rates, revenues, expenses of maintenance, repair,

21  and operation and renewals and capital replacements,

22  principal, and interest requirements and the status of all

23  funds and accounts. Copies of such report shall be filed with

24  the District Clerk and shall be open to public inspection.

25  This report will be known as the annual audit report and shall

26  be issued by a certified public accountant appointed by the

27  Board. The annual audit report may be included as part of

28  Collier County s comprehensive annual report or may be issued

29  separately.

30         Section 14.  District bonds as securities for public

31  bodies.--All bonds issued pursuant to this act shall be and

                                  26

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1  constitute legal investments for state, county, municipal, and

 2  all other public funds and for banks, savings banks, insurance

 3  companies, executors, administrators, trustees, and all other

 4  fiduciaries and shall also be and constitute securities

 5  eligible as collateral security for all state, county,

 6  municipal, or other public funds, subject to the restrictions

 7  and limitations of chapters 18, 136, 518, 655, 657, 658, 660,

 8  663, 665, and 687, Florida Statutes.

 9         Section 15.  Contracts.--All contracts of the District

10  awarded, let, or entered into shall be in accordance with the

11  Collier County Purchasing Ordinance, or any successor

12  ordinance, and the Collier County Purchasing Policy

13  Resolution, or any successor or superceding resolution(s).

14         Section 16.  Special assessments.--The Board may

15  provide for the levy, collection, and enforcement of special

16  assessments utilizing any of the following methods and

17  procedures or any combination thereof:  chapter 170, chapter

18  173, or section 197.3632, Florida Statutes; or the Board may

19  adopt its own method of procedures for the levy, collection,

20  and enforcement of special assessments upon compliance with

21  the notice and hearing requirements set forth for the adoption

22  of rates, fees, and other charges. The Board may contract with

23  the Collier County Tax Collector, Property Appraiser, and/or

24  District Clerk to collect such special assessments as may be

25  levied by the District.

26         Section 17.  Free water and sewer services

27  prohibited.--No free water or sewer services shall be rendered

28  by the District and no discrimination shall exist in the fees,

29  rates, and charges for users of the same class.

30         Section 18. Impact Fees.--

31  

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1         (1)  The District by this act is empowered to levy and

 2  collect water impact fees and/or sewer impact fees for capital

 3  improvements and debt service on such capital improvements in

 4  the same manner and to the same extent as non-charter counties

 5  and/or as may be provided by law. The District is empowered by

 6  this act to levy and collect water and/or sewer impact fees

 7  only within the then-existing geographic boundaries of the

 8  District. If the building, structure, or land use on the

 9  property for which impact fees have been paid is not

10  authorized to connect to the District's systems within 10

11  years of the date of such payment, the property owner holding

12  legal title at the end of the 10-year period shall be eligible

13  for a refund of the impact fees without interest. The District

14  shall notify the property owner of his or her eligibility for

15  a refund by mailing notice to the property owner. Such notice

16  may be sent by certified or registered mail with return

17  receipt requested. Any property owner eligible for a refund

18  shall file written application with the Board for a refund

19  within 90 days of the date of mailing of the notice by the

20  District or such property owner shall be deemed to have waived

21  any right to a refund, and the District shall be entitled to

22  retain and apply the impact fees for water and/or sewer

23  capital improvements, as appropriate. Failure to construct the

24  building or structure or use the land for which impact fees

25  have been paid shall not constitute grounds for a refund, nor

26  shall delay or failure to receive the mailed notice of

27  eligibility for a refund toll the 90-day time limit within

28  which an application for refund must be filed.

29         (2)  Water impact fees and sewer impact fees should be

30  reviewed at least every 3 years by the Board to determine that

31  the impact fees are equitable and proportionate to the current

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1  estimate of costs for providing the capital improvements for

 2  which the impact fees are imposed. The applicable schedule of

 3  impact fees shall be those already in effect in the District

 4  and any subdistricts as of the effective date of this

 5  consolidating act. The Board may thereafter change or revise

 6  the schedule of impact fees upon compliance with the notice

 7  and hearing requirements set forth for the adoption of rates,

 8  fees, and other charges.

 9         (3)  The Board, in its discretion, by ordinance may

10  permit the owners of buildings, structures, or land uses which

11  connect to the District's system to pay the impact fees on an

12  installment basis with interest. In the event that the impact

13  fees shall not be paid as and when due, any unpaid balance

14  thereof and all interest accruing thereon shall be a lien on

15  any parcel of property affected thereby. Such liens shall be

16  superior and paramount to the interest on such parcel of

17  property of any owner, lessee, tenant, mortgagee, or other

18  person except the lien of county taxes and shall be on parity

19  with the lien of any such county taxes. In the event that any

20  impact fees shall not be paid as and when due and shall be in

21  default for 30 days or more, the unpaid balance thereof and

22  all interest accrued thereon, together with attorney's fees

23  and costs, may be recovered by the District in a civil action,

24  and any such lien and accrued interest may be foreclosed or

25  otherwise enforced by the District by action or suit in equity

26  as for the foreclosure of a mortgage on property.

27         (4)  Impact fees may be pledged to the payment of bonds

28  or other obligations of the District, provided that the

29  District has agreed in the resolution authorizing such bonds

30  or other obligations that it maintain net revenues, together

31  with special assessment proceeds and other revenues derived by

                                  29

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1  the District, exclusive of impact fees, equal to at least 100

 2  percent of the debt service on such bonds or obligations.

 3         (5)  Nothing in this act shall be construed to

 4  invalidate water and sewer impact fees previously levied and

 5  collected and pledged by the Board of County Commissioners of

 6  Collier County under its preexisting implied authority to levy

 7  and collect and pledge such charges on the effective date of

 8  this consolidating act.

 9         Section 19.  Conveyance of property without

10  consideration.--Any municipality, political subdivision,

11  district, or authority shall be authorized to sell, lease,

12  grant, or convey any real or personal property to the District

13  and any such sale, grant, lease, or conveyance may be made

14  without consideration.

15         Section 20.  District approval of construction of water

16  and sewage facilities.--No sewage disposal plant or other

17  facilities for the collection or treatment of sewage or any

18  water treatment plant or other facilities for the supply or

19  distribution of water, shall be constructed within the

20  boundaries of the District unless the District Board shall

21  give its written consent thereto and approve the plans and

22  specifications therefore; subject, however, to the terms and

23  provisions of any resolution authorizing any bonds and

24  agreements with bondholders.

25         Section 21.  Construction of law.--

26         (1)  The provisions of this act shall be liberally

27  construed to affect its purposes and shall be deemed

28  cumulative, supplemental, and alternative authority for the

29  exercise of the powers provided herein. The exercise of the

30  powers provided in this act and the issuance of bonds or other

31  obligations hereunder shall not be subject to the limitations

                                  30

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    Florida Senate - 2003        (NP)                      SB 2980
    37-1375-03                                          See HB 849




 1  or provisions of any other law or laws, including part II of

 2  chapter 153, Florida Statutes, except to the extent expressly

 3  provided herein. In the event of any conflict between this act

 4  and any other applicable law or laws providing cumulative,

 5  supplemental, and/or alternative authority to counties and/or

 6  such districts for the exercise of the powers provided herein,

 7  the least restrictive in favor of the District's powers shall

 8  apply.

 9         (2)  Nothing contained in this act shall be construed

10  to affect any actions taken or any contracts previously

11  entered into by the Board of County Commissioners of Collier

12  County for the provisions of water and/or sewer services

13  within the boundaries of Collier County. Nothing herein shall

14  be construed to conflict with the jurisdiction of the Florida

15  Public Service Commission as then provided in chapter 367,

16  Florida Statutes.

17         (3)  If any section, sentence, clause, phrase, or word

18  of this act is for any reason held or declared to be

19  unconstitutional, inoperative, or void, such holding or

20  invalidity shall not affect the remaining portions of this

21  act, and it shall be construed to have been the legislative

22  intent to pass this act without such unconstitutional,

23  invalid, or inoperative part therein; and the remainder of

24  this act, after exclusion of such part or parts, shall be

25  deemed and held to be valid as if such parts had not been

26  included herein.

27         Section 22.  Penalties and enforcement.--Penalties for

28  a violation of any provision of this act or any of the

29  ordinances, rules, regulations, or resolutions adopted

30  pursuant to the authority of this act or otherwise shall be as

31  provided for the violation of county ordinances. In addition,

                                  31

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    37-1375-03                                          See HB 849




 1  the District may seek enforcement of this act and/or damages,

 2  plus costs and attorney's fees, for a violation of this act,

 3  or a violation of any of the ordinances, rules, regulations,

 4  or resolutions adopted pursuant to the authority of this act

 5  or otherwise, in any court of competent jurisdiction as

 6  authorized by general law.

 7         Section 4.  Chapters 73-437, 74-462, 77-531, 78-489,

 8  78-492, 80-484, 82-280, 88-499, 89-452, and 96-451, Laws of

 9  Florida, are repealed.

10         Section 5.  This act shall take effect upon becoming a

11  law.

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CODING: Words stricken are deletions; words underlined are additions.