HB 0849 2003
1	A bill to be entitled
2	An act relating to the Collier County Water-Sewer
3	District, an independent special district in Collier
4	County; codifying, amending, reenacting, and repealing the
5	District's special acts; providing legislative intent,
6	jurisdiction, and restrictions with regard to the City of
7	Naples, Everglades City, the Immokalee Water and Sewer
8	District, the City of Marco Island, the geographic area
9	called Golden Gate, and other specified unincorporated
10	areas of Collier County; providing definitions; providing
11	authority with regard to adoption of rates, fees, and
12	charges and issuance of bonds, trust funds, and trustees;
13	providing for covenants of District Board with
14	bondholders; providing that unpaid fees constitute liens;
15	providing for publication of notice of issuance of bonds
16	and that bonds shall have the qualities of negotiable
17	instruments; providing for rights of holders and annual
18	reports of the District Board; continuing provisions for
19	District bonds as securities for public bodies; providing
20	for contracts for construction of improvements and sealed
21	bids, and special assessments; prohibiting free water and
22	free sewer service; providing for impact fees; providing
23	for conveyances of property without consideration;
24	providing for District approval of construction of water
25	and sewage facilities; providing for construction;
26	providing for penalties and enforcement; repealing
27	chapters 73-437, 74-462, 77-531, 78-489, 78-492, 80-484,
28	82-280, 88-499, 89-452, and 96-451, Laws of Florida;
29	providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1. Pursuant to section 189.429, Florida Statutes,
34	this act constitutes the codification of all special acts
35	relating to the Collier County Water-Sewer District, an
36	independent special district and public corporation of the
37	state. It is the intent of the Legislature in enacting this law
38	to provide a single, comprehensive special act charter for the
39	District, including all current legislative authority granted to
40	the District by its several legislative enactments and any
41	additional authority granted by this act. It is further the
42	intent of this act to preserve all District authority, including
43	the authority to annually assess and levy taxes or non-ad
44	valorem assessments against all assessable property in the
45	District.
46	Section 2. Chapters 73-437, 74-462, 77-531, 78-489, 78-
47	492, 80-484, 82-280, 88-499, 89-452, and 96-451, Laws of
48	Florida, are amended, reenacted, codified, and repealed as
49	herein provided.
50	Section 3. The charter for the Collier County Water-Sewer
51	District is re-created and reenacted to read:
52	Section 1. Legislative intent.--It is declared as a matter
53	of legislative determination that the extensive growth
54	population and attendant commerce throughout Collier County
55	continue to give rise to public health and water supply
56	concerns, in that many of the unincorporated areas of Collier
57	County are not served by water and sewer facilities normally and
58	generally provided and maintained by governmental agencies and,
59	instead, are served by private wells and privately-owned package
60	sewage treatment plants or septic tanks; that the proliferation
61	of such package sewage treatment plants and use of septic tanks
62	poses a significant risk of contamination of water supply
63	sources for both incorporated and unincorporated areas of
64	Collier County; that it is the intent of the Legislature to
65	continue to authorize the Board of County Commissioners of
66	Collier County to act as the governing board (District Board) of
67	the Collier County Water-Sewer District with overall
68	responsibility for the provision of water and sewer services to
69	specified geographic areas of Collier County as hereinafter
70	provided.
71	Section 2. Collier County Water-Sewer District
72	reestablished.--This District is a political subdivision of the
73	state and a body corporate and politic. The Board of County
74	Commissioners of Collier County shall be the governing board of
75	the District with rights, powers, and responsibilities as
76	provided in this act and by general law, including, but not
77	limited to, the authority to enact ordinances and adopt
78	resolutions, to adopt rules and regulations for its own
79	government and proceeding, and to adopt an official seal for the
80	District. This act may be known and be cited as the “Collier
81	County Water-Sewer District Act.”
82	Section 3. Jurisdiction, restrictions, and boundaries as
83	applied to the City of Naples, Everglades City, Immokalee Water
84	and Sewer District, Marco Island, Golden Gate, and other
85	unincorporated areas.--
86	(1) The Collier County Water-Sewer District Board shall
87	exercise jurisdiction over the provision of water and sewer
88	services within the boundaries as hereinafter provided for. The
89	Board shall be exempt from the provisions of chapter 120,
90	Florida Statutes. No privately-owned water or sewer utility
91	shall be abandoned without adequate provision for continuance of
92	service and the prior approval of the Board.
93	(2) Notwithstanding any other provisions of this act, the
94	District Board shall exercise no jurisdiction or power of any
95	kind over properties located within the boundaries of the City
96	of Naples water and/or sewer service areas, or Everglades City,
97	as all such boundaries exist on the effective date of this act,
98	except as may be consented to in writing by the respective city
99	councils. The District Board may exercise jurisdiction and power
100	over properties located within the prior geographic boundaries
101	of the Pelican Bay Improvement District. In 1991 the District
102	assumed the bonds of that District and, pursuant to Resolution
103	No. 91-216 began serving within that geographic area.
104	(3) Any portion of the unincorporated area of Collier
105	County, except the Immokalee Water and Sewer District, and the
106	areas described in subsection (5), paragraphs A., B., C., and
107	D., may be added to the boundaries of the Collier County Water-
108	Sewer District by adoption of a resolution by the District
109	Board. Such resolution may be adopted only after notice of
110	intent to consider the resolution at a public hearing at a
111	specified date, place, and time shall have been published at
112	least once a week for 2 consecutive weeks in a newspaper of
113	general circulation in Collier County. Areas described in
114	paragraphs A., B., C., or D. in subsection (5) can be added to
115	the District’s service area as then authorized by law.
116	(4) Nothing in this act shall be construed to negate or
117	otherwise limit the powers, authority, and jurisdiction of the
118	Board of County Commissioners of Collier County to provide for
119	water and sewer services under then-existing general law in any
120	portion of Collier County.
121	(5) The boundaries of the District are described as
122	follows:
123
124	Beginning at the easterly shoreline of the Gulf of
125	Mexico and the North line of Section 6, Township 48
126	South, Range 25 East, Tallahassee Meridian, Collier
127	County, Florida; thence East along the North line of
128	said Section 6 and Section 5 to the Northeast corner
129	of Section 5, Township 48 South, Range 25 East; thence
130	South along the East line of said Section 5 to the
131	Southeast corner of said Section 5, Township 48 South,
132	Range 25 East; thence East along the North line of
133	Sections 9, 10, 11, and 12 of Township 48 South, Range
134	25 East to the Northeast corner of Section 12,
135	Township 48 South, Range 25 East; thence East along
136	the North line of Sections 7, 8, and 9 to the
137	Northeast corner of Section 9, Township 48 South,
138	Range 26 East; thence South along the East Section
139	line of Sections 9 and 16 to the Southeast corner of
140	Section 16, Township 48 South, Range 26 East; thence
141	East along the North Section line of Sections 22 and
142	23 to the Northeast corner of Section 23, Township 48
143	South, Range 26 East; thence South along the East
144	section line of Sections 23, 26 and 35 to the
145	Southeast corner of Section 35, Township 48 South,
146	Range 26 East; thence South along the East line of
147	Sections 2, 11, 14, 23, and 26 to the Southeast corner
148	of Section 26, Township 49 South, Range 26 East;
149	thence East along the North line of Section 36,
150	Township 49 South, Range 26 East to the Northeast
151	corner of said Section 36; thence South along the East
152	line of Section 36, Township 49 South, Range 26 East
153	to the Southeast corner of said Section 36; thence
154	South along the East line of Section 1 to the
155	Southeast corner of Section 1, Township 50 South,
156	Range 26 East; thence West along the North line of
157	Section 12, Township 50 South, Range 26 East to the
158	Northwest corner of said Section 12; thence South
159	along the East line of Sections 11, 14, 23, 26 and 35,
160	Township 50 South, Range 26 East to the Southeast
161	corner of Section 35, Township 50 South, Range 26
162	East; thence South along the East line of Section 2,
163	Township 51 South, Range 26 East to a point of the
164	East line of Section 2 lying one (1) mile North, as
165	measured perpendicular to the Northerly right-of-way
166	line of U.S. 41, State Road 90, Tamiami Trail; thence
167	Southeasterly along a line lying one (1) mile North,
168	as measured perpendicular to the Northerly right-of-
169	way line of U.S. 41, State Road 90, Tamiami Trail, to
170	a point on the East Section line of Section 22,
171	Township 51 South, Range 27 East; thence continue
172	South along the East Section line of Sections 22, 27
173	and 34, Township 51 South, Range 27 East, to the
174	Southeast corner of said Section 34; thence continue
175	South along the East Section line of Section 3,
176	Township 52 South, Range 27 East, to the intersection
177	of said East Section line of Section 3 with Black
178	Water River; thence Southerly along the waters of
179	Black Water River and Black Water Bay to their
180	intersection with Gullivan Bay; thence Westerly along
181	the waters of Gullivan Bay and Sunfish Flat and
182	Caxambas Bay to Caxambas Pass; thence West through
183	Caxambas Pass to the Easterly shoreline of the Gulf of
184	Mexico; thence Northerly along the Easterly shoreline
185	of the Gulf of Mexico to the intersection of the
186	Easterly shoreline of the Gulf of Mexico and the North
187	line of Section 6, Township 48 South, Range 25 East,
188	being the Point of Beginning; AND Beginning at the
189	southwest corner of Section 31, Township 48 South,
190	Range 27 East; thence along the west line of said
191	Section 31, North 01°09’24” West 171.66 feet; thence
192	leaving said west line North 83°50’36” East 127.49
193	feet; thence north 68°11’27” East 312.23 feet; thence
194	South 83°37’40” East 1074.79 feet; thence North
195	12°38’39” East 90.57 feet; thence North 74°34’44” West
196	439.84 feet; thence North 89°59’36” West 538.03 feet;
197	thence North 47°32’40” West 324.00 feet; thence North
198	29°27’34” West 131.44 feet; thence North 06°47’28”
199	West 278.30 feet; thence North 85°09’12” East 1515.99
200	feet; thence North 04°50’48” West 350.,00 feet; thence
201	North 89°57’58” East 940.00 feet; thence North
202	22°40’09” East 580.00 feet; thence North 32°24’35”
203	West 831.83 feet; thence North 07°23’02” West 1884.92
204	Feet; thence North 24°30’12” East 230.40 feet; thence
205	North 63°03’47” East 78.78 feet; thence South
206	60°24’49” East 68.67 feet; thence South 69°35’20” East
207	178.33 feet; thence South 66°45’54” East 103.57 feet;
208	thence South 41°21’25” East 58.77 feet; thence South
209	09°23’59” East 146.74 feet; thence South 60°56’19”
210	East 161.95 feet; thence South 86°10’30” East 169.68
211	feet; thence South 65°47’35” East 108.59 feet; thence
212	South 61°42’19” East 160.73 feet; thence South
213	51°09’20” East 246.90 feet; thence South 17°08’46”
214	East 135.69 feet; thence South 05°30’20” East 174.19
215	feet; thence South 36°22’19” East 85.39 feet; thence
216	South 01°28’39” West 193.59 feet; thence South
217	20°43’55” West 57.31 feet; thence North 89°21’53” East
218	132.49 feet; thence South 00°38’07” East 600.72 feet;
219	thence North 87°40’00” East 1319.77 feet to a point on
220	the east 1/4 corner of said Section 31; thence along
221	the east line of said Section 31, South 00°39’23” East
222	2682.53 feet to the southeast corner of said Section
223	31; thence along the south line of said Section 31,
224	South 87°55’34” West 5136.08 feet to the Point of
225	Beginning of the parcel herein described; containing
226	112,640 acres more or less; subject to easements and
227	restrictions of record, bearings are based on the
228	south line of said Section 31, being South 87°55’34”
229	West; LESS AND EXCEPT all of the following:
230
231	A. Any lands lying within the City of Naples water
232	and sewer service areas as may be revised from time to
233	time by mutual agreement between the City of Naples
234	and the County Water-Sewer District of Collier County,
235	Florida.
236
237	B. All lands that are subject to Florida Public
238	Service Commission Certificate No. 452-W and Florida
239	Public Service Commission Certificate No. 386-S,
240	heretofore granted to Marco Island Utilities pursuant
241	to Florida Public Service Commission Order No. 17218;
242	and (LESS and EXCEPT) all lands that are subject to
243	Florida Public Service Commission Certificate No. 470-
244	W and Florida Public Service Commission Certificate
245	No. 405-S heretofore granted to Marco Shore Utilities
246	pursuant to Florida Public Service Commission Order
247	No. 17218.
248
249	C. All lands known as the City of Golden Gate (an
250	unincorporated area) described as follows:
251	All of Sections 21, 22, 27, and 28, Township 49 South,
252	Range 26 East, less the East 100 feet of said Sections
253	22 and 27. Also the following described portions of
254	Sections 15 and 16, Township 49 South, Range 26 East.
255	Commence at the Southeast corner of said Section 15,
256	S. 84( 44’ 22” W. along the South line of the SE ¼ of
257	said Section 15 for 100.42 feet to a point on the
258	Westerly right-of-way line of State Road No. 858 and
259	the POINT OF BEGINNING; thence continue S. 84( 44’ 22”
260	W. 2,555.94 feet to the South ¼ corner of said Section
261	15; thence S. 84( 32’25” W. along the South line of the
262	SW ¼ of said Section 15 for 2,653.76 feet to the
263	Southeast corner of aforesaid Section 16; thence S. 89(
264	51’27” W. along the South line of said Section 16 for
265	5,290.68 feet to the Southwest corner of said Section
266	16; thence N. 00( 36’ 43” W, along the West line of the
267	SW ¼ of said Section 16 for 641.49 feet; thence S. 89(
268	57’ 11” E., 5,290.05 feet to a point of intersection
269	with the East line of the SE ¼ of the said Section 16,
270	said point bearing N. 00( 41’ 07” W. and a distance of
271	624.00 feet from the Southeast corner of said Section
272	16; thence East 5,194.36 feet to a point of the
273	Westerly right-of-way line of State Road No. 858;
274	thence South, along said Westerly right-of-way line,
275	137.12 feet to the POINT OF BEGINNING, all of the
276	above lying and being in Collier County, Florida.;
277	NOTE: No part of this land is within any boundary of
278	any municipal corporation.
279
280	D. Everglades City; The Immokalee Water and Sewer
281	District. Because no boundary of the Collier County
282	Water-Sewer District is now in close physical
283	proximity to either the Everglades City or to the
284	Immokalee Water and Sewer District, it is not
285	necessary to describe with particularity in this act
286	the geographic boundaries of that City or that
287	District.
288
289	Section 4. Definitions.--As used in this act, the
290	following words and terms shall have the following meanings,
291	unless some other meaning is plainly intended:
292	(1) “District” means the Collier County Water-Sewer
293	District and the geographic boundaries of the District.
294	(2) “Board” or “District Board” means the Board of County
295	Commissioners of Collier County, acting as the governing board
296	of the Collier County Water-Sewer District.
297	(3) “Bonds” means revenue bonds and assessment bonds.
298	(4) “District Clerk” means the Clerk of the Circuit Court
299	and the ex officio Clerk of the Board of County Commissioners of
300	Collier County, who shall be clerk and treasurer of the
301	District.
302	(5) “System” means the water and/or the sewer system of
303	the District.
304	(6) “Sewer system” means and includes any plant, system,
305	facility, or property and additions, extensions, and
306	improvements thereto at any future time constructed or acquired
307	as part thereof, useful or necessary or having the present
308	capacity for future use in connection with the collection,
309	treatment, purification, or disposal of sewage of any nature or
310	originating from any source, including industrial wastes
311	resulting from any processes of industry, manufacture, trade, or
312	business or from the development of any natural resources; and
313	without limiting the generality of the foregoing definition
314	shall embrace treatment plants, pump stations, lift stations,
315	valves, force mains, intercepting sewers, laterals, pressure
316	lines, mains, and all necessary appurtenances and equipment, all
317	sewer mains and laterals for the reception and collection of
318	sewage from premises connected therewith, and shall include all
319	real and personal property and any interest therein, rights,
320	easements, and franchises of any nature whatsoever relating to
321	any such system and necessary or convenient for the operation
322	thereof.
323	(7) “Water system” means and includes any plant, system,
324	facility, or property and additions, extensions, and
325	improvements thereto at any future time constructed or acquired
326	as part thereof, useful or necessary or having the present
327	capacity for future use in connection with the development of
328	sources, treatment, or purification and distribution of water
329	for domestic or industrial use and, without limiting the
330	generality of the foregoing, includes dams, reservoirs, storage
331	tanks, mains, lines, valves, pumping stations, laterals, and
332	pipes for the purpose of carrying water to the premises
333	connected with such system and includes all real and personal
334	property and any interests therein, rights, easements, and
335	franchises of any nature whatsoever relating to any such system
336	and necessary or convenient for the operation thereof.
337	(8) “Cost” as applied to the acquisition and construction
338	extensions, additions, or improvements to the system includes
339	the cost of: construction or reconstruction, acquisition, or
340	purchase; all labor, materials, machinery, and equipment; all
341	lands and interest therein, property, rights, easements, and
342	franchises of any nature whatsoever; financing charges, and
343	interest prior to and during construction and for not more than
344	2 years after completion of the construction or acquisition,
345	extensions, additions, or improvements to the system; the
346	creation of initial reserve or debt service funds, and bond
347	discount; plans and specifications, surveys, and estimates of
348	costs and revenues; engineering, financial, and legal services;
349	and all other expenses necessary or incidental in determining
350	the feasibility or practicability of such construction,
351	reconstruction, or acquisition, administrative expenses, and
352	such other expenses as may be necessary or incidental to
353	financing authorized by this act, and including reimbursement to
354	Collier County or to any other person, firm, or corporation for
355	any moneys advanced to the District for any expenses incurred by
356	the District or Collier County in connection with any of the
357	foregoing items of cost, or the reestablishment of the District.
358	(9) “Assessable improvements” means that portion or
359	portions of a sewer system or a water system of a local nature
360	and of benefit to the premises or lands served thereby and
361	particularly, without limiting the generality of the foregoing,
362	with reference to a sewer system, includes, without being
363	limited to, laterals and mains for the collection and reception
364	of sewage from premises connected therewith, local or auxiliary
365	pumping or lift stations, treatment plants or disposal plants,
366	and other appurtenant facilities and equipment for the
367	collection, treatment, and disposal of sewage; and, with
368	reference to a water system, includes such mains and laterals
369	and other distribution facilities, pumping stations, and sources
370	of supply as are of benefit to the property served by such water
371	system together with incidental equipment and appurtenances
372	necessary therefore.
373	(10) “Revenue bonds” means bonds or other obligations
374	secured by and payable from the revenues derived from rates,
375	fees, and charges collected by the District from the users or
376	future users of the facilities of the system, and which may be
377	additionally secured by a pledge of the proceeds of special
378	assessments levied against benefited property.
379	(11) “Assessment bonds” means bonds or other obligations
380	secured by and payable from special assessments levied against
381	benefited lands, and which may be additionally secured by a
382	pledge of other moneys received by the District.
383	Section 5. Powers and duties of the District Board.--The
384	Collier County Water-Sewer District Board shall have the
385	following powers and duties in addition to and supplementing
386	other powers granted in this act and powers granted to counties
387	by general law:
388	(1) To construct, install, erect, acquire, and to operate,
389	maintain, improve, extend, or enlarge and reconstruct a water
390	system or a sewer system, or both, within the geographic
391	boundaries of the District and the environs thereof and to have
392	the exclusive control and jurisdiction thereof; and to issue its
393	revenue bonds or assessment bonds, or any combination of the
394	foregoing, to pay all or part of the cost of such construction,
395	reconstruction, erection, acquisition, or installation of such
396	water system, sewer system, or both.
397	(2) To regulate the use of sewers and the supply of water
398	within the District’s boundaries and to prohibit the use and
399	maintenance of outhouses, privies, septic tanks, package sewage
400	treatment plants, or other unsanitary structures or appliances.
401	(3) To fix and collect rates, fees, and other charges
402	(including impact fees and system development charges) to
403	persons or property or both for the use of the facilities and
404	services provided by the water system or sewer system or both,
405	and to fix and collect charges for making connections with the
406	water system or sewer system, and to provide for reasonable
407	penalties on any users or property for any such rates, fees, or
408	charges that are delinquent.
409	(4) To acquire in the name of the District by purchase,
410	gift, or the exercise of the right of eminent domain, pursuant
411	to chapters 73 and 74, Florida Statutes, such lands and rights
412	and interests therein, including lands under water and riparian
413	rights, and to acquire such personal property as it may deem
414	necessary in connection with the construction, reconstruction,
415	improvement, extension, installation, erection, or operation and
416	maintenance of the system, and to hold and dispose of all real
417	and personal property under its control. The power of eminent
418	domain may be exercised both within and outside the boundaries
419	of the District but within the boundaries of Collier County. The
420	eminent domain powers of the District as authorized in this
421	section may not be exercised in the areas specifically excluded
422	from the District’s jurisdiction and boundaries in section 3,
423	except as provided in this section for the exercise of such
424	jurisdiction or for the addition to the boundaries of the
425	District of such specific areas.
426	(5) To exercise exclusive jurisdiction, control, and
427	supervision over the system, or any part thereof owned,
428	operated, or maintained by the District and to make and enforce
429	such rules and regulations for the maintenance and operation of
430	the system as may be, in the judgment of the Board, necessary or
431	desirable for the efficient operation of the system or
432	improvements in accomplishing the purposes of this act.
433	(6) To restrain, enjoin, or otherwise prevent the
434	violation of this law or of any resolution, rule, or regulation
435	adopted pursuant to the powers granted by this act or by general
436	law.
437	(7) To join with any other districts, cities, towns,
438	counties, or other political subdivisions, public agencies, or
439	authorities in the exercise of common powers.
440	(8) To contract with other private or public entities or
441	persons to provide or receive a water supply or for sewage
442	disposal, collection, or treatment or to operate the water or
443	sewer system of such entity or person.
444	(9) To prescribe methods of pretreatment of industrial
445	wastes not amenable to treatment with domestic sewage before
446	accepting such wastes for treatment and to refuse to accept such
447	industrial wastes when not sufficiently pretreated as may be
448	prescribed, and by proper ordinance or resolution to prescribe
449	penalties for the refusal of any person or corporation to so
450	pretreat such industrial wastes.
451	(10) To require and enforce the use of its facilities
452	whenever and wherever they are accessible, and to require and
453	enforce the installation and dedication to the District of water
454	and/or sewer facilities and easements as a condition precedent
455	to the provision of service by the District or by another entity
456	authorized by the District to provide interim service until
457	District facilities are available.
458	(11) To sell or otherwise dispose of the effluent, sludge,
459	or other byproducts as a result of sewage treatment.
460	(12) To accomplish construction by awarding, letting, or
461	entering into contracts for all or any part or parts of the
462	construction of the system in accordance with the Collier County
463	Purchasing Ordinance, and any successor or superceding
464	ordinance, and the Collier County Purchasing Policy Resolution,
465	and any successor or superceding resolutions.
466	(13) To construct and operate connecting, intercepting, or
467	outlet sewers and sewer mains and pipes and water mains,
468	conduits, or pipe lines in, along, or under any streets, alleys,
469	highways, or other public places or ways regulated by or under
470	the jurisdiction of the state or the county or any municipality
471	or political subdivision when necessary or convenient for the
472	purposes of the District.
473	(14) Subject to such provisions and restrictions as may be
474	set forth in the resolution authorizing or securing any bonds or
475	other obligations issued under the provisions of this act, to
476	enter into contracts with the government of the United States or
477	any agency or instrumentality thereof, with the state or any
478	agency or instrumentality thereof, or with any county,
479	municipality, district, authority, or political subdivision,
480	private corporation, partnership, association, or individual, or
481	any combination(s) thereof, providing for or relating to the
482	treatment, collection, and disposal of sewage, or the treatment,
483	supply, and distribution of water and any other matters relevant
484	thereto or otherwise necessary to effect the purpose of this
485	act, and to receive and accept from any federal or state agency
486	grants or loans for or in aid of the planning, construction,
487	reconstruction, or financing of improvements, additions, or
488	extensions to the system and to receive and accept aid or
489	contributions or loans from any other source of either money,
490	property, labor, or other things of value, to be held, used, and
491	applied only for the purpose for which such grants,
492	contributions, or loans may be made.
493	(15) To enter into interlocal agreements with any
494	municipality, county, district, authority, or political
495	subdivision for any corporate purpose of the District,
496	including, but not limited to, borrowing money for construction
497	of improvements, additions, and extensions to the system.
498	(16) To assume ownership, operation, and control of any
499	county, municipality, district, or authority owned water or
500	sewer system, or both, including the assumption of the financial
501	liabilities associated with such water or sewer system, or both.
502	(17) To divide the system into separate subsystems or
503	subdistricts for purposes of setting rates, accounting, or
504	financing improvements or additions thereto or deletions
505	therefrom.
506	(18) To appoint advisory, administrative, or operational
507	boards and committees to assist the Board in the exercise and
508	performance of the powers and duties provided in this act or
509	otherwise by law. The Board may delegate any or all of its
510	powers and duties to such boards and committees.
511	(19) To do all acts and things necessary or convenient for
512	the conduct of its business and the general welfare of the
513	District in order to carry out the powers and duties provided in
514	this act or then provided in any other law applicable to
515	counties.
516	Section 6. Adoption of rates, fees, and other charges.--
517	(1) The Board shall adopt the schedule of rates, fees, or
518	other charges for the use of and the services and facilities to
519	be furnished by the water system or sewer system to be paid by
520	the owner, tenant, or occupant of each lot or parcel of land
521	which may be connected with or used by such systems. The current
522	schedule of such rates, fees, and other charges shall be that
523	already in effect in the District and any subdistricts as of the
524	effective date of this act. The Board may thereafter revise the
525	schedule of rates, fees, and charges from time to time. However,
526	such rates, fees, and charges shall be so adopted and revised so
527	as to provide moneys which, with other funds available for such
528	purposes, shall be sufficient at all times to pay the expenses
529	of operating and maintaining the system, including reserves for
530	such purposes, the principal of and interest on revenue bonds or
531	assessment bonds, or any combination thereof, as the same shall
532	become due and reserves therefore, and to provide a margin of
533	safety over and above the total amount of any such payments, and
534	to comply fully with any covenants contained in the resolution
535	authorizing the issuance of any bonds or other obligations of
536	the District. The District shall charge and collect such rates,
537	fees, and charges so adopted or revised, and such rates, fees,
538	and charges shall not be subject to the supervision or
539	regulation by any other commission, board, bureau, agency, or
540	other political subdivision or agency of the county or state.
541	(2) Such rates, fees, and charges shall be just and
542	equitable and uniform for users of the same class and, where
543	appropriate, may be based or computed either upon the quantity
544	of water consumed or upon the number and size of sewer
545	connections or upon the number and kind of plumbing fixtures in
546	use in the premises, or upon the number or average number of
547	persons residing or working in or otherwise using or occupying
548	such premises, or by equivalent residential units, or upon any
549	other factor affecting the use of the facilities furnished, or
550	upon any combination of the foregoing factors as may be
551	determined by the Board on any other equitable basis.
552	(3) No rates, fees, or charges, including impact fees,
553	shall be adopted or revised under this section until after a
554	public hearing at which all users of the system affected
555	thereby, or owners, tenants, or occupants served or to be served
556	thereby and all others interested shall have an opportunity to
557	be heard concerning the proposed rates, fees, and charges.
558	Notice of such public hearing setting forth the proposed
559	schedule or schedules of rates, fees, and charges shall be given
560	by one publication in a newspaper published in Collier County at
561	least 10 days before the date fixed in such notice for the
562	hearing, which may be adjourned from time to time. After such
563	hearing such schedule or schedules, either as initially adopted
564	or as modified or amended, may be finally adopted.
565	(4) A copy of the schedule or schedules of such rates,
566	fees, or charges shall be kept on file in the office of the
567	District Clerk and shall be open at all times to the public for
568	inspection. The rates, fees, or charges so adopted for any class
569	of users or property served shall be extended to cover any
570	additional users or properties thereafter served which shall
571	fall in the same class, without the necessity of any hearing or
572	notice. Any change or revision of such rates, fees, or charges
573	may be made in the same manner as such rates, fees, or charges
574	were originally established as hereinabove provided, except that
575	if such changes or revisions be made substantially pro rata as
576	to all classes of service, no hearing or notice shall be
577	required.
578	Section 7. Bonds.--
579	(1) The District may, from time to time, issue bonds to
580	pay the costs and expenses, other than operating expenses,
581	incurred in carrying out the purposes of this act or to refund
582	and/or refinance revenue bonds of the District issued pursuant
583	to this act. In anticipation of the sale of such bonds, the
584	District may issue bond anticipation notes and/or commercial
585	paper or similar obligations, and may renew the same from time
586	to time. Such notes and/or obligations may be paid from the
587	revenues derived by the District from the proceeds of the sale
588	of the bonds of the District in anticipation of which they were
589	issued. The notes and/or obligations shall be issued in the same
590	manner as the bonds. Bonds and notes shall be, and shall be
591	deemed to be, for all purposes, negotiable instruments.
592	(2) The bonds may be issued as serial bonds or as term
593	bonds or the District, in its discretion, may issue bonds of
594	both types. The District may issue capital appreciation bonds or
595	variable rate bonds. The bonds shall be authorized by resolution
596	of the Board and shall bear such date or dates; mature at such
597	time or times, not exceeding 30 years from their respective
598	dates; bear interest at such rate or rates; be payable at such
599	time or times; be in such denomination; be in such form; carry
600	such registration privileges; be executed in such manner; be
601	payable from such sources and in such medium of payment and at
602	such place or places; and be subject to such terms of
603	redemption, including redemption prior to maturity, as such
604	resolution or resolutions may provide. If any officer whose
605	signature, or a facsimile of whose signature, appears on any
606	bonds or coupons ceases to be such officer before the delivery
607	date of such bonds, such signature or facsimile shall
608	nevertheless be valid and sufficient for all purposes as if he
609	or she had remained in office until the delivery. The bonds or
610	notes may be sold at public or private sale for such price or
611	prices as the Board shall determine. Pending preparation of the
612	definitive bonds, the District may issue interim receipts or
613	certificates which shall be exchanged for such definitive bonds.
614	The bonds may be secured by such form of credit enhancement, if
615	any, as the Board deems appropriate. The bonds may be secured by
616	an indenture of trust or trust agreement.
617	(3) The bonds may be validated, at the discretion of the
618	Board, pursuant to chapter 75, Florida Statutes. Section
619	75.04(2), Florida Statutes, shall not apply to bonds validated
620	pursuant to chapter 75, Florida Statutes.
621	Section 8. Trust funds; trustees.--The proceeds of all
622	bonds or other obligations issued under this act or otherwise
623	pursuant to law, and all revenues derived from the operation of
624	the system for the payment of all or part of the cost of which
625	any bonds or other obligations authorized by this act have been
626	issued shall be and constitute trust funds, and shall be used
627	and applied only in accordance with the proceedings authorizing
628	the issuance of any bonds or other obligations issued pursuant
629	to this act, and the District may appoint trustees, within or
630	without the state, under trust agreements or indentures to hold
631	and administer the proceeds of any such bonds or other
632	obligations or any such revenues. The District may provide that
633	the moneys or funds and accounts established by the proceedings
634	authorizing the issuance of any revenue bonds shall be subject
635	to the lien of the pledge established by the proceedings without
636	any physical delivery thereof and the lien of the pledge shall
637	be valid and binding as against all parties bringing claims of
638	any kind in tort, contract, or otherwise against the District.
639	Section 9. Covenants of the District Board with
640	bondholders.--In addition to the other provisions and
641	requirements of this act, any resolution authorizing the
642	issuance of bonds or any other obligations issued hereunder may
643	contain provisions and the District Board is authorized to
644	provide and may covenant and agree with the several holders of
645	such bonds or other obligations as to:
646	(1) Reasonable deposits with the District in advance to
647	ensure the payment of rates, fees, or charges for the facilities
648	of the system.
649	(2) The discontinuance of the services and facilities of
650	the system, or both, for delinquent payments for either water
651	services or sewer services, and the terms and conditions of the
652	restoration of such service.
653	(3) Limitations on the powers of the District to
654	construct, acquire, or operate, or permit the construction,
655	acquisition, or operation of any plants, structures, facilities,
656	or properties which may compete or tend to compete with the
657	system.
658	(4) The manner and method of paying service charges and
659	fees and the levying of penalties for delinquent payments.
660	(5) Subject to this act, the manner and order of priority
661	of the disposition of revenues or redemption of any bonds or
662	other obligations.
663	(6) Terms and conditions for modification or amendment of
664	the resolution authorizing the issuance of bonds or other
665	obligations.
666	(7) Provisions for and limitations on the appointment of a
667	trustee for bondholders for the system.
668	(8) Provisions as to the appointment of a receiver of the
669	system on default of principal or interest on any such bonds or
670	other obligations or the breach of any covenant or condition of
671	the resolution authorizing such bonds or other obligations.
672	(9) Provisions as to the execution and entering into of
673	trust agreements regarding the holding and disposition of
674	revenues derived from the system or bonds.
675	(10) Provisions as to the maintenance of the system and
676	reasonable insurance thereof.
677	(11) Any other matters necessary to secure the bonds and
678	the payment of the principal and interest thereof. All such
679	provisions of the resolution shall constitute valid and legally
680	binding contracts between the District and several holders of
681	any such bonds and shall be enforceable by any such holder or
682	holders by mandamus or other appropriate action, suit, or
683	proceeding in law of equity in any court of competent
684	jurisdiction.
685	Section 10. Unpaid fees to constitute lien.--In the event
686	that the fees, rates, or charges for the services and facilities
687	of the system shall not be paid as and when due, any unpaid
688	balance thereof and all interest accruing thereon shall be a
689	lien on any parcel or property affected thereby. Such liens
690	shall be superior and paramount to the interest on such parcel
691	or property of any owner, lessee, tenant, mortgagee, or other
692	person except the lien of county taxes and shall be on parity
693	with the lien of any such county taxes. In the event that any
694	such service charge shall not be paid as and when due and shall
695	be in default for 30 days or more, the unpaid balance thereof
696	and all interest accrued thereon, together with attorney’s fees
697	and costs, may be recovered by the District in a civil action,
698	and any such lien and accrued interest may be foreclosed or
699	otherwise enforced by the District by action or suit in equity
700	as for the foreclosure of a mortgage on real property.
701	Section 11. Publication of notice of issuance of
702	bonds.--Prior to the issuance of bonds or other obligations, the
703	Board, in its discretion, may publish a notice at least once in
704	a newspaper published in Collier County stating the date of
705	adoption of the resolution authorizing such obligations and the
706	amount, maximum rate of interest, and maturity of such
707	obligations and the purpose in general terms for which such
708	obligations are to be issued, and further stating that any
709	action contesting the bonds, proceedings authorizing the
710	issuance thereof, or of any covenants relating thereto must be
711	instituted within 20 days after the first publication of such
712	notice, or the validity of such obligations or proceedings or
713	covenants shall not thereafter be questioned in any court
714	whatsoever. If no such action or proceeding is so instituted
715	within such 20-day period, then the validity of such
716	obligations, proceedings, and covenants shall be conclusive, and
717	all persons or parties whatsoever shall be forever barred from
718	questioning the validity of such obligations, proceedings, or
719	covenants in any court whatsoever.
720	Section 12. Bonds; qualities of negotiable instruments;
721	rights of holders.--All bonds issued hereunder shall not be
722	invalid for any irregularity or defect in the proceedings for
723	the issuance and sale thereof and shall be incontestable in the
724	hands of bona fide purchasers for value. No proceedings in
725	respect to the issuance of such bonds shall be necessary except
726	such as are required by this act. The provisions of this act
727	shall constitute an irrevocable contract between the District
728	and the holders of any such bonds or coupons thereof issued
729	pursuant to the provisions hereof. Any holder of such bonds may
730	either at law or in equity, by suit, action, or mandamus,
731	enforce and compel the performance of the duties required by
732	this act or by general law, or of any of the officers or persons
733	herein mentioned in relation to said bonds, or the levy,
734	assessment, collection, and enforcement and application of the
735	revenues, assessments, or other funds pledged for the payment of
736	the principal and interest thereof.
737	Section 13. Annual reports of the District Board.--The
738	District Board shall cause to be made at least once each year a
739	comprehensive report of its system, including all matters
740	relating to rates, revenues, expenses of maintenance, repair,
741	and operation and renewals and capital replacements, principal,
742	and interest requirements and the status of all funds and
743	accounts. Copies of such report shall be filed with the District
744	Clerk and shall be open to public inspection. This report will
745	be known as the annual audit report and shall be issued by a
746	certified public accountant appointed by the Board. The annual
747	audit report may be included as part of Collier County’s
748	comprehensive annual report or may be issued separately.
749	Section 14. District bonds as securities for public
750	bodies.--All bonds issued pursuant to this act shall be and
751	constitute legal investments for state, county, municipal, and
752	all other public funds and for banks, savings banks, insurance
753	companies, executors, administrators, trustees, and all other
754	fiduciaries and shall also be and constitute securities eligible
755	as collateral security for all state, county, municipal, or
756	other public funds, subject to the restrictions and limitations
757	of chapters 18, 136, 518, 655, 657, 658, 660, 663, 665, and 687,
758	Florida Statutes.
759	Section 15. Contracts.--All contracts of the District
760	awarded, let, or entered into shall be in accordance with the
761	Collier County Purchasing Ordinance, or any successor ordinance,
762	and the Collier County Purchasing Policy Resolution, or any
763	successor or superceding resolution(s).
764	Section 16. Special assessments.--The Board may provide
765	for the levy, collection, and enforcement of special assessments
766	utilizing any of the following methods and procedures or any
767	combination thereof: chapter 170, chapter 173, or section
768	197.3632, Florida Statutes; or the Board may adopt its own
769	method of procedures for the levy, collection, and enforcement
770	of special assessments upon compliance with the notice and
771	hearing requirements set forth for the adoption of rates, fees,
772	and other charges. The Board may contract with the Collier
773	County Tax Collector, Property Appraiser, and/or District Clerk
774	to collect such special assessments as may be levied by the
775	District.
776	Section 17. Free water and sewer services prohibited.--No
777	free water or sewer services shall be rendered by the District
778	and no discrimination shall exist in the fees, rates, and
779	charges for users of the same class.
780	Section 18. Impact Fees.--
781	(1) The District by this act is empowered to levy and
782	collect water impact fees and/or sewer impact fees for capital
783	improvements and debt service on such capital improvements in
784	the same manner and to the same extent as non-charter counties
785	and/or as may be provided by law. The District is empowered by
786	this act to levy and collect water and/or sewer impact fees only
787	within the then-existing geographic boundaries of the District.
788	If the building, structure, or land use on the property for
789	which impact fees have been paid is not authorized to connect to
790	the District’s systems within 10 years of the date of such
791	payment, the property owner holding legal title at the end of
792	the 10-year period shall be eligible for a refund of the impact
793	fees without interest. The District shall notify the property
794	owner of his or her eligibility for a refund by mailing notice
795	to the property owner. Such notice may be sent by certified or
796	registered mail with return receipt requested. Any property
797	owner eligible for a refund shall file written application with
798	the Board for a refund within 90 days of the date of mailing of
799	the notice by the District or such property owner shall be
800	deemed to have waived any right to a refund, and the District
801	shall be entitled to retain and apply the impact fees for water
802	and/or sewer capital improvements, as appropriate. Failure to
803	construct the building or structure or use the land for which
804	impact fees have been paid shall not constitute grounds for a
805	refund, nor shall delay or failure to receive the mailed notice
806	of eligibility for a refund toll the 90-day time limit within
807	which an application for refund must be filed.
808	(2) Water impact fees and sewer impact fees should be
809	reviewed at least every 3 years by the Board to determine that
810	the impact fees are equitable and proportionate to the current
811	estimate of costs for providing the capital improvements for
812	which the impact fees are imposed. The applicable schedule of
813	impact fees shall be those already in effect in the District and
814	any subdistricts as of the effective date of this consolidating
815	act. The Board may thereafter change or revise the schedule of
816	impact fees upon compliance with the notice and hearing
817	requirements set forth for the adoption of rates, fees, and
818	other charges.
819	(3) The Board, in its discretion, by ordinance may permit
820	the owners of buildings, structures, or land uses which connect
821	to the District’s system to pay the impact fees on an
822	installment basis with interest. In the event that the impact
823	fees shall not be paid as and when due, any unpaid balance
824	thereof and all interest accruing thereon shall be a lien on any
825	parcel of property affected thereby. Such liens shall be
826	superior and paramount to the interest on such parcel of
827	property of any owner, lessee, tenant, mortgagee, or other
828	person except the lien of county taxes and shall be on parity
829	with the lien of any such county taxes. In the event that any
830	impact fees shall not be paid as and when due and shall be in
831	default for 30 days or more, the unpaid balance thereof and all
832	interest accrued thereon, together with attorney’s fees and
833	costs, may be recovered by the District in a civil action, and
834	any such lien and accrued interest may be foreclosed or
835	otherwise enforced by the District by action or suit in equity
836	as for the foreclosure of a mortgage on property.
837	(4) Impact fees may be pledged to the payment of bonds or
838	other obligations of the District, provided that the District
839	has agreed in the resolution authorizing such bonds or other
840	obligations that it maintain net revenues, together with special
841	assessment proceeds and other revenues derived by the District,
842	exclusive of impact fees, equal to at least 100 percent of the
843	debt service on such bonds or obligations.
844	(5) Nothing in this act shall be construed to invalidate
845	water and sewer impact fees previously levied and collected and
846	pledged by the Board of County Commissioners of Collier County
847	under its preexisting implied authority to levy and collect and
848	pledge such charges on the effective date of this consolidating
849	act.
850	Section 19. Conveyance of property without
851	consideration.--Any municipality, political subdivision,
852	district, or authority shall be authorized to sell, lease,
853	grant, or convey any real or personal property to the District
854	and any such sale, grant, lease, or conveyance may be made
855	without consideration.
856	Section 20. District approval of construction of water and
857	sewage facilities.--No sewage disposal plant or other facilities
858	for the collection or treatment of sewage or any water treatment
859	plant or other facilities for the supply or distribution of
860	water, shall be constructed within the boundaries of the
861	District unless the District Board shall give its written
862	consent thereto and approve the plans and specifications
863	therefore; subject, however, to the terms and provisions of any
864	resolution authorizing any bonds and agreements with
865	bondholders.
866	Section 21. Construction of law.--
867	(1) The provisions of this act shall be liberally
868	construed to affect its purposes and shall be deemed cumulative,
869	supplemental, and alternative authority for the exercise of the
870	powers provided herein. The exercise of the powers provided in
871	this act and the issuance of bonds or other obligations
872	hereunder shall not be subject to the limitations or provisions
873	of any other law or laws, including part II of chapter 153,
874	Florida Statutes, except to the extent expressly provided
875	herein. In the event of any conflict between this act and any
876	other applicable law or laws providing cumulative, supplemental,
877	and/or alternative authority to counties and/or such districts
878	for the exercise of the powers provided herein, the least
879	restrictive in favor of the District’s powers shall apply.
880	(2) Nothing contained in this act shall be construed to
881	affect any actions taken or any contracts previously entered
882	into by the Board of County Commissioners of Collier County for
883	the provisions of water and/or sewer services within the
884	boundaries of Collier County. Nothing herein shall be construed
885	to conflict with the jurisdiction of the Florida Public Service
886	Commission as then provided in chapter 367, Florida Statutes.
887	(3) If any section, sentence, clause, phrase, or word of
888	this act is for any reason held or declared to be
889	unconstitutional, inoperative, or void, such holding or
890	invalidity shall not affect the remaining portions of this act,
891	and it shall be construed to have been the legislative intent to
892	pass this act without such unconstitutional, invalid, or
893	inoperative part therein; and the remainder of this act, after
894	exclusion of such part or parts, shall be deemed and held to be
895	valid as if such parts had not been included herein.
896	Section 22. Penalties and enforcement.--Penalties for a
897	violation of any provision of this act or any of the ordinances,
898	rules, regulations, or resolutions adopted pursuant to the
899	authority of this act or otherwise shall be as provided for the
900	violation of county ordinances. In addition, the District may
901	seek enforcement of this act and/or damages, plus costs and
902	attorney’s fees, for a violation of this act, or a violation of
903	any of the ordinances, rules, regulations, or resolutions
904	adopted pursuant to the authority of this act or otherwise, in
905	any court of competent jurisdiction as authorized by general
906	law.
907	Section 4. Chapters 73-437, 74-462, 77-531, 78-489, 78-
908	492, 80-484, 82-280, 88-499, 89-452, and 96-451, Laws of
909	Florida, are repealed.
910	Section 5. This act shall take effect upon becoming a law.