HB 0881 2003
1	A bill to be entitled
2	An act relating to Charlotte and Sarasota Counties;
3	creating the Englewood Water District; establishing
4	boundaries; providing definitions; providing for election
5	of a Board of Supervisors to govern said District;
6	establishing powers, authority, and duties of the Board;
7	granting to said governing board the authority in the
8	territory defined to construct, acquire, extend, enlarge,
9	reconstruct, improve, maintain, equip, repair, and operate
10	a water system, wastewater system, or wastewater reuse
11	system, or any combination thereof; authorizing the levy
12	and collection of non-ad valorem assessments on property
13	benefited by the construction of such water system,
14	wastewater system, or wastewater reuse system, or combined
15	systems; providing for optional methods of financing the
16	cost of the water system, wastewater system, or wastewater
17	reuse system or combined systems or extensions and
18	additions thereto by the issuance of revenue bonds or
19	assessment bonds or any combination thereof and the fixing
20	and collection hereof and the fixing and collection of
21	rates and charges on users of such systems; providing for
22	the levy and collection of non-ad valorem assessments on
23	benefited property and the pledge of such assessments for
24	the payment of any revenue bonds, or assessment bonds;
25	providing for the rights, remedies, and security of any of
26	the holders of said bonds; providing penalties; repealing
27	chapter 96-499, Laws of Florida, relating to the creation
28	and establishment of the Englewood Water District;
29	providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1. (1) There is hereby created the Englewood
34	Water District for the areas of Charlotte and Sarasota Counties,
35	described as follows:
36
37	Sections 8, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23,
38	24, 25, 26, 27, 35, and 36, that part of sections 4
39	and 5, lying and being west of the west boundary of
40	Lemon Bay, township 40 south; range 19 east; and
41	sections 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32
42	and 33, township 40 south, range 20 east, all being in
43	Sarasota County, State of Florida.
44
45	Sections 1, 2, 12 and 13, Township 41 South, Range 19
46	East; Sections 4, 5, 6, 7, 8, 9, 16, 17, and 18, that
47	part of Section 20 lying and being east of the east
48	boundary of Lemon Bay, Township 41 South, Range 20
49	East, all lying and being in Charlotte County, State
50	of Florida.
51
52	That portion of Section 3, Township 40 South, Range 19
53	East lying west of S.R. 776 (Englewood Road), and
54	those portions of Sections 4 and 5, Township 40 South,
55	Range 19 East, lying and being east of the west
56	boundary of Lemon Bay, all being south of the
57	east-west line prescribed by Colonial Road, all being
58	in Sarasota County, Florida.
59
60	(2) The Englewood Water District is hereby declared to be
61	a body corporate and politic under the corporate name and style
62	of "Englewood Water District" with power to contract, to sue and
63	be sued in its corporate name, and with the other powers and
64	duties hereinafter set forth, as well as all other powers and
65	exemptions given by general law.
66	Section 2. As used in this act, unless the context
67	otherwise requires:
68	(1) "District" means the Englewood Water District created
69	by this act.
70	(2) "Water system" means and includes any plants, systems,
71	facilities, or property and additions, extensions, and
72	improvements thereto at any future time constructed or acquired
73	as a part thereof, useful or necessary, or having the present
74	capacity for future use in connection with the development of
75	sources, treatment for purification and distribution of water
76	for domestic, commercial, or industrial use and without limiting
77	the generality of the foregoing shall include dams, reservoirs,
78	storage tanks, mains, lines, valves, pumping stations, laterals,
79	and pipes for the purpose of carrying water to the premises
80	connected with such system and shall include all real and
81	personal property and any interest therein, rights, easements,
82	and franchises of any nature whatsoever relating to such system
83	and necessary or convenient to the operation thereof.
84	(3) "Wastewater system" means and includes any plant,
85	system, facility, or property and additions, extensions, and
86	improvements thereto at any future time constructed or acquired
87	as a part thereof, useful or necessary, or having the present
88	capacity for future use in connection with the collections,
89	treatment, purification, or disposal of wastewater or sewerage
90	of any nature or originating from any source, including
91	industrial wastes resulting from any processes of any industry,
92	manufacture, trade, or business or from the development of any
93	natural resources; and without limiting the generality of the
94	foregoing definition shall embrace treatment plants, pumping
95	stations, lift stations, valves, force mains, intercepting
96	sewers, laterals, pressure lines, mains, and all necessary
97	appurtenances and equipment, all wastewater mains and laterals
98	for the reception and collection of wastewater or sewerage on
99	premises connected therewith, and shall include all real and
100	personal property and any interest therein, rights, easements,
101	and franchises of any nature whatsoever relating to any such
102	system and necessary or convenient for the operation thereof.
103	(4) "Wastewater reuse system" means and includes any
104	plant, system, facility, or property and additions, extensions,
105	and improvements thereto at any future time constructed or
106	acquired as a part thereof, useful or necessary, or having the
107	present capacity for future use in connection with the
108	collection, treatment, purification, disposal, or distribution
109	of wastewater or stormwater originating from any source, for the
110	purpose of reuse and without limiting the generality of the
111	foregoing definition, shall embrace treatment plants, dams,
112	reservoirs, storage tanks, pumping stations, lift stations,
113	valves, force mains, laterals, pressure lines, mains, and all
114	necessary appurtenances and equipment, and shall include all
115	real and personal property and any interest therein, rights,
116	easements, and franchises of any nature whatsoever relating to
117	any such system and necessary or convenient for the operation
118	thereof. Water which has received at least secondary treatment
119	and stormwater may be referred to as reclaimed wastewater and
120	may be reused for such beneficial purposes, including, but not
121	limited to, landscape or agricultural irrigation, aesthetic uses
122	such as ponds or fountains, groundwater recharge, industrial
123	uses, environmental enhancement, or fire protection.
124	(5) "System" or "systems" means the water, wastewater, or
125	wastewater reuse systems authorized by this act either
126	individually, in any combination, or any part thereof.
127	(6) "Cost" means, as applied to the acquisition and
128	construction of a water system, wastewater reuse system, or a
129	wastewater system or extensions, additions, or improvements
130	thereto, the cost of construction or reconstruction,
131	acquisition, or purchase, the cost of all labor, materials,
132	machinery, and equipment, cost of all lands and interest
133	therein, an office and administration building for the district,
134	property, rights, easements, and franchises of any nature
135	whatsoever, financing charges, interest prior to and during
136	construction and for 1 year after completion of construction or
137	acquisition of such water system, wastewater reuse system, or
138	wastewater system or extensions, additions, or improvements
139	thereto, bond discount, fees and expenses of financial advisors
140	or fiscal agents, cost of plans and specifications, surveys and
141	estimates of costs and revenues, cost of engineering and legal
142	services, and all other expenses necessary or incidental in
143	determining feasibility or practicality of such construction,
144	reconstruction, or acquisition, administrative expenses and such
145	other expenses as may be necessary or incidental to the
146	construction or acquisition or improvement of such water system,
147	wastewater reuse system, or wastewater system authorized by this
148	act and the financing thereof, and the reimbursement of any
149	expenses incurred by the district in connection with any of the
150	foregoing items of cost.
151	(7) "Revenue bonds" means bonds or other obligations
152	secured by and payable as to principal and interest from the
153	revenues derived from rates, fees, and charges collected by the
154	district from the users of the facilities of the water system,
155	wastewater reuse system, or wastewater system, or any
156	combination thereof, and which may or may not be additionally
157	secured by a pledge of the proceeds of non-ad valorem
158	assessments levied against property benefiting from assessable
159	improvements.
160	(8) "Board" means the Board of Supervisors of the
161	District.
162	Section 3. The District shall be governed and its affairs
163	administered by the Board of Supervisors consisting of five
164	members.
165	A.(i) By a majority vote, the Englewood Water District
166	Board of Supervisors shall adopt a preliminary resolution
167	dividing the district into five separate and distinct sections
168	of approximately equal populations, drawn along Charlotte County
169	and/or Sarasota County precinct lines, if feasible. These
170	divisions shall be known as the "Englewood Water District
171	Supervisor Election Districts" which shall be numbered 1 through
172	5.
173	(ii) After the initial adoption by the board of the
174	proposed Englewood Water District Supervisor Election Districts,
175	the district shall hold a public hearing at which all residents
176	of the district or other interested parties shall have an
177	opportunity to be heard concerning the proposed Englewood Water
178	District Supervisor Election Districts. Notice of such public
179	hearing setting forth the five proposed Englewood Water District
180	Supervisor Election Districts shall be given by one publication
181	in a newspaper published in Charlotte County, in a newspaper
182	published in Sarasota County, and such notice shall also be
183	posted in five public places in the district, at least 30 days
184	prior to the date of such hearing, which may be adjourned from
185	time to time.
186	(iii) After such hearing, such preliminary resolution
187	dividing the district into five separate and distinct sections,
188	known as the Englewood Water District Supervisor Election
189	Districts, either as initially adopted or as modified or
190	amended, shall be finally adopted. A map of the Englewood Water
191	District Supervisor Election Districts shall be kept on file in
192	the office of the administrator of the district and shall be
193	open to public inspection during normal business hours.
194	(iv) The Englewood Water District Supervisor Election
195	Districts shall be revised every 10 years in the same manner as
196	they were originally established. If the boundaries of the
197	district are modified, the election districts shall be modified
198	as necessary in the same manner established above in adequate
199	time for the new election districts to be utilized during the
200	next general election.
201	1. On the first Tuesday after the first Monday of November
202	1994, a person residing in Englewood Water District Board of
203	Supervisors Election District 5 was elected by the qualified
204	electors of the Englewood Water District for a 4-year term to
205	create and fill Englewood Water District Supervisors Election
206	District Seat Five. On the first day of January following the
207	election, the expiring seats, four and six were eliminated.
208	2. On the first Tuesday after the first Monday of November
209	1995, a person residing in Englewood Water District Board of
210	Supervisors Election District 4 was elected by the qualified
211	electors of the Englewood Water District for a term of 3 years
212	to create and fill Englewood Water District Supervisors Election
213	District Seat Four. On the first day of January following the
214	election, the expiring seats, seven, eight, and nine shall be
215	eliminated.
216	3. On the first Tuesday after the first Monday of November
217	1996, a person residing in each of the Englewood Water District
218	Board of Supervisors Election Districts 3, 2, and 1 was elected
219	by the qualified electors of the Englewood Water District for a
220	term of 4 years to create and fill Englewood Water District
221	Supervisors Election District Seats three, two, and one
222	respectively.
223	B.(i) On the first Tuesday after the first Monday in
224	November 2002, and every 4th year thereafter, two supervisors,
225	one residing in Englewood Water District Board of Supervisors
226	Election District 5 and one residing in Englewood Water District
227	Board of Supervisors Election District 4, were elected by the
228	qualified electors of the Englewood Water District for a term of
229	4 years.
230	(ii) On the first Tuesday after the first Monday in
231	November 2004, and every 4th year thereafter, three supervisors,
232	one residing in Englewood Water District Board of Supervisors
233	Election District 3, one residing in Englewood Water District
234	Board of Supervisors Election District 2, and one residing in
235	Englewood Water District Board of Supervisors Election District
236	1, shall be elected by the qualified electors of the Englewood
237	Water District for a term of 4 years.
238	(iii) The results of such election shall be declared by
239	resolution adopted by the Board. Each elected member of the
240	Board shall assume office 10 days following the member’s
241	election. Each supervisor shall duly file his or her oath of
242	office and a bond in such amount as the Board shall determine
243	for the faithful performance of his or her duties prior to
244	taking office and the cost thereof shall be paid by the
245	District.
246	C. In the event no person has been elected at the general
247	election to fill an office which was required to be filled at
248	such election, the members of the board shall, within 60 days
249	following the date of the election, by a majority vote of all
250	members then in office, appoint a person from the appropriate
251	Englewood Water District Supervisors Election District, to serve
252	for each office not otherwise filled by said election, to serve
253	until the next general election, at which election the qualified
254	electors of the District shall elect a supervisor to serve the
255	remaining unexpired term, if any, of such supervisors so
256	appointed.
257	(i) In the event any supervisor shall resign, die, or be
258	removed from the district, or the office of such supervisor
259	shall for any reason become vacant, the remaining members of the
260	board may, by a majority vote of all members then in office,
261	appoint a successor to such supervisor from the appropriate
262	Englewood Water District Supervisors Election District to serve
263	until the next general election, at which election the qualified
264	electors of the district shall elect a supervisor to serve for
265	the remaining unexpired term, if any, of such supervisor whose
266	office became vacant as aforesaid.
267	(ii) A notice of the election shall be given at least once
268	at least 14 days prior thereto by one publication in a newspaper
269	published in Charlotte County, in a newspaper published in
270	Sarasota County, and be posted during the 14-day period in five
271	public places in the district.
272	D. All elections under this act shall be nonpartisan.
273	E.(i) Elections for the purpose of electing Supervisors to
274	the Board shall conform to the Florida Election Code, chapters
275	97 through 106, Florida Statutes, as pertains to independent
276	special districts as set forth in section 189.405, Florida
277	Statutes.
278	(a) The results of the election shall be jointly canvassed
279	by the county canvassing boards of the Counties of Charlotte and
280	Sarasota and the results of such joint canvass shall be reported
281	in accordance with general law.
282	(b) Supervisors shall be qualified electors with legal
283	residence in the appropriate Englewood Water District Board of
284	Supervisors Election District, who are freeholders. The office
285	of any supervisor who ceases to be a qualified elector with
286	legal residence in the appropriate election district and a
287	freeholder in the district during his or her term of office
288	shall become vacant.
289	(ii)(a) The Board shall be vested with all administrative
290	power and authority of the District and shall have and exercise
291	all powers conferred upon such District by the terms of this
292	act. Said Board members may receive compensation for their
293	services to be determined by at least a majority plus one vote
294	of the Board. The board shall publish notice of its intent to
295	consider a modification of board member compensation in the same
296	manner as provided in paragraph 1(e) of this section. Said
297	salary may not exceed $2,500 each, annually, except that the
298	chair may receive $3,000 annually. Such payments shall be
299	payable in such installments during each year of a member’s term
300	as the Board shall from time to time determine. Said Board
301	members shall also be reimbursed for moneys expended in the
302	performance of their official duties consistent with the
303	provisions of section. 112.061, Florida Statutes.
304	(b) The organization and conduct of the Board’s affairs
305	shall be as follows:
306	1. The chair and vice chair shall be elected at an annual
307	meeting to be held in January of each year, and shall serve in
308	said capacities until the next annual meeting and said officers
309	may be removed at any time during their tenure, with or without
310	cause, by a majority vote of all members of said Board. Upon the
311	expiration of the terms of office of any of said officers for
312	any reason whatsoever, the Board shall elect new officers to
313	fill the positions thus vacated.
314	2. The Board shall hold such meetings as the business
315	affairs of the district may require, and all such meetings shall
316	be noticed and open to the public as provided by law. Such
317	meetings shall be held within the territorial limits of the
318	District or may be held outside the District in conjunction with
319	other boards, commissions, agencies, bodies, or persons for the
320	purpose of holding discussions or for the exchange of
321	information. However, no formal action may be taken by the
322	passage of any resolution, rule, or order at meetings held
323	outside the District other than that action which is required
324	for the ordinary conduct of such meetings.
325	3. A majority of the Board shall constitute a quorum at
326	any meeting thereof and all actions of the Board shall be upon
327	an affirmative vote of the majority of Board members present at
328	any such meeting; provided that no action of the Board may pass
329	with less than three affirmative votes. However, any resolution
330	authorizing the issuance of bonds or other obligations, or the
331	levy on non-ad valorem assessments or the fixing of rates and
332	charges for the services and facilities of the systems of the
333	District shall not be adopted except upon the affirmative vote
334	of a majority of all the members of the Board then in office.
335	Actions of the Board shall be evidenced by resolutions voted
336	upon and adopted by the Board, which may be finally adopted at
337	the same meeting at which they are introduced and need not be
338	published or posted, except resolutions authorizing the issuance
339	of bonds or other obligations shall be advertised in accordance
340	with the provisions of Section 3(1)(c)2 and a public hearing
341	shall be held prior to the adoption of such resolutions.
342	Resolutions providing solely for the refunding of any already
343	existing bonds or other obligations need not be so advertised.
344	4. Written minutes of each Board meeting shall be kept and
345	there shall be recorded therein a report of all that transpired
346	at any such meeting. The minutes shall be signed by the vice
347	chair of the Board and kept permanently in books provided for
348	that purpose.
349	5. The Board shall cause to be kept complete and accurate
350	books of accounting in standard bookkeeping and accounting
351	procedures. Annually the Board shall make a true and complete
352	accounting of all moneys received and expended by said Board and
353	said accounting shall list the assets and liabilities of the
354	District. Said accounting shall be based upon an audit prepared
355	by a certified public accountant, and shall be in writing with
356	sufficient copies thereof made to furnish to any inhabitants of
357	the district requesting same.
358	6. All contracts of the District shall be signed by the
359	chair of the Board of Supervisors, and the seal of the board
360	shall be affixed thereto, attested by the secretary to the Board
361	who shall be official custodian of such seal. The Board, by
362	resolution, may delegate authority to sign contracts to the
363	administrator of the District. Any bonds issued by the District
364	under the provisions of this act shall be signed in the same
365	manner as a contract. However, only one manual signature shall
366	be required on any bonds and the seal of the District may be
367	imprinted or reproduced thereon.
368	7. Every Board member and every officer of the district
369	shall be indemnified by the District against all expenses and
370	liabilities, including counsel fees, reasonably incurred by or
371	imposed upon the member or officer in connection with any
372	proceeding or any settlement of any proceeding to which he or
373	she may be a party or in which he or she may become involved by
374	reason of his or her being or having been a Board member or
375	officer of the District, whether or not he or she is a Board
376	member or officer at the time such expenses are incurred. In the
377	event of a settlement, the indemnification shall apply only when
378	the Board approves such settlement and reimbursement as being
379	for the best interests of the District. The right of
380	indemnification authorized by this paragraph shall be in
381	addition to and not exclusive of all other rights to which a
382	Board member or officer may be entitled. This paragraph shall
383	not apply to a Board member or officer who is adjudged guilty of
384	willful misfeasance or malfeasance in the performance of his or
385	her duties.
386	8. The Board may, by the vote of a majority of all
387	members, elect a member to serve as chair or vice chair on an
388	interim basis during the absence of such officer. The interim
389	officer shall have all of the powers, duties, and authority of
390	such officer during his or her absence.
391	Section 4. The district, by and through the Board, is
392	hereby authorized and empowered:
393	(1) To make rules and regulations for its own governance
394	and proceedings and to adopt an official seal for the District.
395	(2) To employ such consulting and other engineers,
396	technicians, construction and accounting experts, financial
397	advisors or fiscal agents, attorneys, and such other agents and
398	employees as the board may require or deem necessary to
399	effectuate the purposes of this act and to take such steps as
400	are necessary to be taken to provide coverage by the old age and
401	survivors insurance system embodied in the Federal Social
402	Security Act to employees of the Englewood Water District on as
403	broad a basis as permitted under the Federal Social Security Act
404	and the laws of Florida and may provide a pension or retirement
405	plan for its employees. Board members are not eligible for
406	pension or retirement benefits. Notwithstanding the prohibition
407	against extra compensation set forth in section 215.425, Florida
408	Statutes, the board may provide for an extra compensation
409	program, including a lump-sum bonus payment program, to reward
410	outstanding employees whose performance exceeds standards, if
411	the program provides that a bonus payment may not be included in
412	an employee’s regular base rate of pay and may not be carried
413	forward in subsequent years.
414	(3) To construct, install, erect, acquire and operate,
415	maintain, improve, extend, or enlarge and reconstruct a water
416	system, wastewater system, or a wastewater reuse system or any
417	combination thereof within or without said district for the
418	furnishing of water service, wastewater service, or wastewater
419	reuse service or any combination of such services to the
420	inhabitants of the district, and to have the exclusive control
421	and jurisdiction thereof; to issue its revenue bonds, assessment
422	bonds, or other obligations, or any combination thereof to pay
423	all or part of the cost of such construction, reconstruction,
424	erection, acquisition, or installation of such systems. The
425	purchase or sale of a water, wastewater, or wastewater reuse
426	system shall be accomplished in accordance with section 189.423,
427	Florida Statutes.
428	(4) To regulate the disposal of wastewater, reuse of
429	wastewater, and the supply of water within the District and to
430	prohibit the use and maintenance of outhouses, privies, septic
431	tanks, or other unsanitary structures or appliances, in
432	accordance with the general laws of the state.
433	(5) To fix and collect rates, fees, capital contributions,
434	and other charges for the use of the facilities and services
435	provided by any system, and to fix and collect charges for
436	making connections and reconnections with any such system, and
437	to provide for reasonable charges and penalties to any users of
438	property for any such rates, fees, or charges that are
439	delinquent.
440	(6) To acquire in the name of the district by purchase,
441	gift, or the exercise of eminent domain pursuant to chapter 73
442	or chapter 74, Florida Statutes, such lands and rights and
443	interest therein, both within and without the district,
444	including land under water and riparian rights and to acquire
445	such personal property as may be deemed necessary in connection
446	with the construction, reconstruction, improvement, extensions,
447	installation, erection, or operation and maintenance of any
448	system, and to hold and dispose of all real and personal
449	property under its control.
450	(7) To receive grants, either separately or in conjunction
451	with any municipality, governmental agency, or governmental
452	entity, either in the nature of public works or public
453	improvement grants or loans from any governmental agency,
454	department, bureau, or individual for the purpose of installing,
455	constructing, erecting, acquiring, operating, or maintaining a
456	system or other things necessary or incidental thereto.
457	(8) To exercise exclusive jurisdiction, control, and
458	supervision over any system owned, operated, and maintained by
459	the District and to make and enforce such rules and regulations
460	for the maintenance and operation of any system as may be, in
461	the judgment of the Board, necessary or desirable for the
462	efficient operation of any such systems or improvements in
463	accomplishing the purposes of this act.
464	(9) To restrain, enjoin, or otherwise prevent the
465	violation of this act or of any resolution, rule, or regulation
466	adopted pursuant to the powers granted by this act.
467	(10) To join with any other district or districts, cities,
468	towns, counties, or other political subdivisions, public
469	agencies or authorities in the exercise of common powers
470	consistent with section 163.01, Florida Statutes.
471	(11) To contract with municipalities or other private or
472	public corporations or persons to provide or receive a water
473	supply or for wastewater disposal, collection, or treatment or
474	for wastewater reuse.
475	(12) To prescribe methods of pretreatment of industrial
476	wastes not amenable to treatment with domestic wastewater before
477	accepting those wastes for treatment and to refuse to accept
478	such industrial wastes when not sufficiently pre-treated as may
479	be prescribed, and by proper resolution to prescribe penalties
480	for the refusal of any person or corporation to so pre-treat
481	such industrial wastes.
482	(13) To require and enforce the use of its facilities
483	whenever and wherever they are accessible in accordance with
484	applicable general law and applicable local government
485	comprehensive plans.
486	(14) To sell or otherwise dispose of the effluent, sludge,
487	reclaimed wastewater, or other byproducts as a result of
488	wastewater treatment and reclamation.
489	(15) To accomplish construction by holding hearings,
490	advertising for construction bids, and letting contracts for all
491	or any part or parts of the construction of any system in
492	accordance with the provisions of section 15.
493	(16) To cause surveys, plans, specifications, and
494	estimates to be made from time to time for any system.
495	(17) To enter on any lands, water, or premises, public or
496	private, located within or without the District or the Counties
497	of Charlotte or Sarasota to make surveys, borings, soundings, or
498	examinations for the purposes of this act.
499	(18) To construct and operate connecting, intercepting, or
500	outlet wastewater or reclaimed wastewater mains and pipes and
501	water mains, conduits or pipe lines in, along, or under any
502	street, alleys, highways, or other public places or ways within
503	the state or any municipality or political subdivision.
504	(19) Subject to such provisions and restrictions as may be
505	set forth in the resolution authorizing or securing any bonds or
506	other obligations issued under the provisions of this act, to
507	enter into contracts with the government of the United States or
508	any agency or instrumentality thereof, or with any other county,
509	municipality, district, authority, or political subdivision,
510	private corporation, partnership, association, or individual
511	providing for or relating to the treatment, collection, and
512	disposal of wastewater or the treatment, supply, and
513	distribution of water or reclaimed wastewater and any other
514	matters relevant thereto or otherwise necessary to effect the
515	purposes of this act and to receive and accept from any federal
516	agency, grants for or in aid of the planning, construction,
517	reconstruction or financing of any system and to receive and
518	accept aid or contributions from any other source of either
519	money, property, labor or other things of value to be held,
520	used, and applied only for the purpose for which such grants and
521	contributions may be made.
522	(20) To acquire, purchase, or buy real estate within or
523	without the District to be used in the development,
524	installation, construction, improvement, maintenance, operation,
525	or servicing of any system of the District, by installment
526	contract, agreement for deed, or by note and mortgage; provided
527	that said contract, agreement for deed, or mortgage does not
528	constitute a lien or encumbrance upon any real property other
529	than that being purchased thereby.
530	(21) To sell or otherwise dispose of effluent, sludge, or
531	other byproducts produced by any system.
532	(22) To require the owner, tenant, or occupant of each lot
533	or parcel of land within the District who is obligated to pay
534	the rates, fees, or charges for the services furnished by any
535	facility owned or operated by the District under the provisions
536	of this act make a reasonable deposit with the district in
537	advance to ensure the payment of such rates, fees, or charges.
538	If such rates, fees, or charges become delinquent, the district
539	may apply the deposit to the payment or partial payment thereof,
540	including accrued interest, shutoff charges, and penalties, if
541	any.
542	(23) To invest and reinvest the surplus public funds of
543	the district consistent with the requirements of applicable
544	state or federal laws.
545	Section 5. (1) The Board for and on behalf of the
546	District is authorized to provide from time to time for the
547	issuance of revenue bonds to finance or refinance all or part of
548	the costs of additions, extensions, and improvements to, or the
549	acquisition of, any system. The principal of and interest on any
550	such revenue bonds shall be payable from the rates, fees,
551	charges, or other revenues derived from the operation of any
552	such system or systems in the manner provided in this act and
553	the resolution authorizing such bonds and pledging such
554	revenues. The proceeds of non-ad valorem assessments levied as
555	provided in this act may be pledged as additional security for
556	said revenue bonds. It is the express intent of this act that
557	the District shall be authorized to finance the purposes
558	provided in this act by the issuance of revenue bonds or special
559	assessment bonds separately for all or any part of the cost
560	thereof, or to issue revenue bonds additionally secured by the
561	non-ad valorem assessments for all or any part of such cost, so
562	that the District shall have complete flexibility as to the
563	types of bonds to be issued and the security for the holders of
564	such bonds. The revenue bonds of the District shall be issued in
565	such denominations, mature on such dates and in such amounts,
566	and may be subject to optional and mandatory redemption, all as
567	shall be determined by resolutions adopted by the Board on
568	behalf of the District. Bonds of said District may bear interest
569	at a fixed or floating or adjustable rate and may be issued as
570	interest-bearing, interest-accruing bonds or zero coupon bonds
571	at such rate or rates not exceeding the maximum rate permitted
572	by general law, all as shall be determined by resolutions of the
573	Board on behalf of the District. Principal and interest shall be
574	payable in the manner determined by the Board. The bonds shall
575	be signed by the chair or vice chair of the Board, attested with
576	the seal of said District and by the signature of the chair of
577	the Board of Supervisors. In case any officer whose signature or
578	a facsimile of whose signature shall appear on the bonds shall
579	cease to be such officer before the delivery of such bonds, such
580	signature or facsimile shall nevertheless be valid and
581	sufficient for all intents and purposes the same as if he or she
582	had remained in office until such delivery. The Board may sell
583	such bonds in such manner not inconsistent with general law,
584	either at public or private sale, and for such price, as it may
585	determine to be for the best interests of the District.
586	(2) The proceeds of the sale of any such bonds shall be
587	used to finance or refinance all or part of the costs of the
588	construction or acquisition of additions, extensions, and
589	improvements of any water system, wastewater reuse system, or
590	wastewater system or any combination thereof, to fund reserves
591	and renewal and replacement funds and to pay the costs of
592	issuing such bonds. The funds derived from the sale of the bonds
593	shall be disbursed in such manner and under such restrictions as
594	the board may provide in the authorizing resolution. Revenue
595	bonds may be issued under the provisions of this act without any
596	other proceeding or happening of any other condition or thing
597	than those proceedings, conditions, or things which are
598	specifically required by this act and by general law.
599	(3) A resolution providing for the issuance of revenue
600	bonds may also contain such limitations upon the issuance of
601	additional revenue bonds secured on a parity with the bonds
602	theretofore issued, as the board may deem proper, and such
603	additional bonds shall be issued under such restrictions and
604	limitations as may be prescribed by such authorizing resolution.
605	(4) Revenue bonds may be issued under the provisions of
606	this act without regard to any limitations or indebtedness
607	prescribed by law.
608	(5) Revenue bonds issued under the provisions of this act
609	shall not constitute a general obligation debt of the District
610	within the meaning of any constitutional or statutory debt
611	limitation, but such bonds shall be payable solely from the
612	revenues and/or non-ad valorem assessments, if any, pledged
613	therefor, and that the full faith and credit of the district is
614	not pledged to the payment of the principal of or interest on
615	such bonds.
616	(6) In connection with the sale and issuance of bonds, the
617	district may enter into any contracts which the Board determines
618	to be necessary or appropriate to achieve a desirable effective
619	interest rate in connection with the bonds by means of, but not
620	limited to, contracts commonly known as investment contracts,
621	funding agreements, interest rate swap agreements, currency swap
622	agreements, forward payment conversion agreements, futures, or
623	contracts providing for payments based on levels of or changes
624	in interest rates, or contracts to exchange cash flows or a
625	series of payments, or contracts, including, without limitation,
626	options, puts, or calls to hedge payment, rate, spread, or
627	similar exposure. Such contracts or arrangements may also be
628	entered into by the District in connection with, or incidental
629	to, entering into any agreement which secures bonds or provides
630	liquidity therefor. Such contracts and arrangements shall be
631	made upon the terms and conditions established by the Board,
632	after giving due consideration for the credit worthiness of the
633	counter parties, where applicable, including any rating by a
634	nationally recognized rating service or any other criteria as
635	may be appropriate.
636	(7) In connection with the sale and issuance of the bonds,
637	or entering into any of the contracts or arrangements referred
638	to in the paragraph above, the district may enter into such
639	credit enhancement or liquidity agreements, with such payment,
640	interest rate, security, default, remedy, and any other terms
641	and conditions as the board shall determine.
642	(8) Notwithstanding any provisions of state law relating
643	to the investment or reinvestment of surplus funds of any
644	governmental unit, proceeds of the bonds and any money set aside
645	or pledged to secure payment of the principal of, premium, if
646	any, and interest on the bonds, or any of the contracts entered
647	into pursuant to this section, may be invested in securities or
648	obligations described in the resolution providing for the
649	issuance of bonds.
650	Section 6. (1) The Board shall, by resolution prior to
651	the issuance of any revenue bonds, fix the initial schedule of
652	rates, fees, or other charges for the use of and the services
653	and facilities to be furnished by any such water system,
654	wastewater reuse system, or wastewater system, or any
655	combination thereof, to be paid by the owner, tenant, or
656	occupant of each lot or parcel of land which may be connected
657	with or used by any such system or systems, of the district.
658	After the system or systems have been in operation the District
659	board may revise the schedule of rates, fees, and charges from
660	time to time. However, such rates, fees, and charges shall be so
661	fixed and revised so as to provide sums which, with other funds
662	for such purposes, shall be sufficient at all times to pay:
663	A. The principal of and interest on revenue bonds as the
664	same shall become due and reserves therefor.
665	B. The expenses of maintaining and repairing such systems,
666	including reserves for such purposes and for capital
667	replacements, depreciation, and necessary extensions or
668	improvements and administrative expenses.
669	C. Any other payments required by the resolution
670	authorizing the issuance of such revenue bonds.
671	(2) Such rates, fees, and charges shall be just and
672	equitable and uniform for users of the same class and, where
673	appropriate, may be based or computed either upon the quantity
674	of water or wastewater consumed or produced, the number and size
675	of wastewater connections, or the number and kind of plumbing
676	fixtures in use in the premises or upon the number or average
677	number of persons residing or working in or otherwise using the
678	facilities of such system or upon any other factor affecting the
679	use of the facilities or services furnished or upon any
680	combination of the foregoing factors as may be determined by the
681	Board on any other equitable basis. All rates, fees, and charges
682	established pursuant to this act shall be set in accordance with
683	the total cost of service which is required to provide service
684	to the customers. The water system, wastewater reuse system, and
685	wastewater system shall be accounted for as separate and as
686	distinct systems. However, the District shall set rates
687	consistent with the guidelines adopted by the American Water
688	Works Association, for government-owned utilities. The district
689	may, by resolution, consolidate any one or more systems provided
690	such consolidation shall not impair the rights of any existing
691	bondholders of the district.
692	(3) No rates, fees, or charges shall be fixed under the
693	foregoing provisions of this section until a public hearing at
694	which all the users of the proposed system, or owners, tenants,
695	or occupants served or to be served thereby and all others
696	interested shall have an opportunity to be heard concerning the
697	proposed rates, fees, and charges. After the initial adoption by
698	the Board of the resolution setting forth the preliminary
699	schedule or schedules fixing and classifying such rates, fees,
700	and charges, notice of such public hearing setting forth the
701	proposed schedule or schedules of rates, fees, and charges shall
702	be given by one publication in a newspaper published in
703	Charlotte County and in a newspaper published in Sarasota County
704	and such notice shall also be posted in five public places in
705	the district, at least 10 days prior to the date of such
706	hearing, which may be adjourned from time to time. After such
707	hearing such preliminary schedule or schedules, either as
708	initially adopted, or as modified or amended, may be finally
709	adopted. A copy of the schedule or schedules of such rates,
710	fees, or charges finally fixed in such resolution shall be kept
711	on file in the office of the District and shall be open at all
712	times to public inspection. The rates, fees, or charges so fixed
713	for any class of users or property served shall be extended to
714	cover any additional properties thereafter served which shall
715	fall in the same class, without the necessity of any hearing or
716	notice. Any change or revision of such rates, fees, or charges
717	may be made in the same manner as such rates, fees, or charges
718	were originally established as provided herein; provided that if
719	such changes or revisions be made substantially pro rata as to
720	all classes of service no hearing or notice shall be required.
721	Section 7. In addition to the other provisions and
722	requirements of this act any resolution authorizing the issuance
723	of bonds may contain any other provisions deemed necessary or in
724	the best interest of the District and the Board is authorized to
725	provide and may covenant and agree with the several holders of
726	such bonds to include, but without limitation as to any other
727	provisions, any of the following:
728	(1) As to a reasonable deposit with the District in
729	advance, to ensure the payment of rates, fees, or charges for
730	the facilities of the system or systems.
731	(2) May, in keeping with its rules and regulations,
732	disconnect any premises from the water system, wastewater reuse
733	system, or wastewater system if any such rates, fees, or charges
734	are delinquent for a period of 30 days or more.
735	(3) The assumption of payment or discharge of any
736	indebtedness, lien, or other claim relating to any part of any
737	such system or any combination thereof, or any other obligations
738	having or which may have a lien on any part of any such system
739	or systems.
740	(4) Limitations on the powers of the District to
741	construct, acquire, or operate, or permit the construction,
742	acquisition or operation of any plants, structures, facilities,
743	or properties which may compete or tend to compete with any
744	other system of the District.
745	(5) The manner and method of paying service charges and
746	fees and the levying of penalties for delinquent payments.
747	(6) The manner and order of priority of the disposition of
748	revenues or redemption of any bonds.
749	(7) Terms and conditions for modification or amendment of
750	any provisions or covenants in any such bond resolution
751	authorizing the issuance of such bonds.
752	(8) Provisions and limitations on the appointment of a
753	trustee, paying agent, registrar, or escrow agent for
754	bondholders.
755	(9) Provisions as to the appointment of a receiver of any
756	system on default of principal or interest on any such bonds or
757	the breach of any covenant or condition of such authorizing
758	resolution or the provisions and requirements of this act.
759	(10) Provisions as to the execution and entering into of
760	trust agreements, if deemed necessary by the board, regarding
761	the disposition of revenues or bond proceeds for the payment of
762	the cost of the acquisition and construction of the system or
763	any part thereof, or for any other purposes necessary to secure
764	any such revenue bonds.
765	(11) Provisions as to the maintenance of any such system
766	or systems and reasonable insurance thereof.
767	(12) Any other matters necessary to secure such bonds and
768	the payment of the principal and interest thereof. All such
769	provisions of the bond resolution and all such covenants and
770	agreements in addition to the other provisions and requirements
771	of this act shall constitute valid and legally binding contracts
772	between the District and several holders of any such bonds
773	regardless of the time of issuance of such bonds, and shall be
774	enforceable by any such holder or holders by mandamus or other
775	appropriate action, suit, or proceeding in law or in equity in
776	any court of competent jurisdiction.
777	Section 8. (1) When the fees, rates, or charges for the
778	services and facilities of any system are not paid when due and
779	are in default for 10 days or more, following written notice to
780	such delinquent customer, the District may discontinue and shut
781	off the supply of the services and facilities of such systems,
782	to the person, firm, corporation, or other body, public or
783	private, so supplied with such services or facilities, until
784	such fees, rates, or charges, including interest, penalties, and
785	charges for the shutting off and discontinuance or the
786	restoration of such services or facilities are fully paid. Such
787	delinquent fees, rates, or charges, together with interest,
788	penalties, and charges for the shutting off and discontinuance
789	or the restoration of such services or facilities, and
790	reasonable attorney’s fees, costs and other expenses, may be
791	recovered by the board in a court of competent jurisdiction.
792	(2) In the event that the fees, rates, or charges for the
793	services and the facilities of any system shall not be paid as
794	and when due, the unpaid balance thereof and all interest
795	accruing thereon shall, to the extent permitted by law, be a
796	lien on any parcel or property affected thereby. Such liens
797	shall be superior and paramount to the interest on such parcel
798	or property of any owner, lessee, tenant, mortgagee, or other
799	person except the lien of county or district taxes and shall be
800	on a parity with the lien of any such county or district taxes.
801	In the event that any such service charge shall not be paid as
802	and when due and shall be in default for 30 days or more the
803	unpaid balance thereof and all interest accrued or penalties
804	thereon, together with attorney’s fees and costs, may be
805	recovered by the District in a civil action, and any such lien
806	and accrued interest and penalties may be foreclosed or
807	otherwise enforced by the District by action or suit in equity
808	as for the foreclosure of a mortgage on real property in the
809	manner provided by general law.
810	Section 9. (1) The District may provide for the levy of
811	non-ad valorem assessments under this act on the lands and real
812	estate benefited by the construction of any system, or
813	extensions or improvements thereof, or any part thereof. Non-ad
814	valorem assessments may be levied only on benefited real
815	property at a rate of assessment based on the special benefit
816	accruing to such property from such improvements. The District
817	may use any assessment apportionment methodology that meets the
818	"fair apportionment" standards.
819	(2) The Board may determine to make any improvements
820	authorized by this act and defray the whole or any part of the
821	expense thereof by non-ad valorem assessments. The Board shall
822	so declare by resolution stating the nature of the proposed
823	improvement, designating the location of wastewater facilities,
824	the location of water mains, water laterals, and other water
825	distribution facilities, or the location of the wastewater reuse
826	facilities, and the part or portion of the expense thereof to be
827	paid by non-ad valorem assessments, the manner in which said
828	assessments shall be made, when said assessments are to be paid,
829	and what part, if any, shall be apportioned to be paid from the
830	general funds of the District. Said resolution shall also
831	designate the lands upon which the non-ad valorem assessments
832	shall be levied, and in describing said lands it shall be
833	sufficient to describe them as "all lots and lands adjoining and
834	contiguous or bounding and abutting upon such improvements or
835	specially benefited thereby and further designated by the
836	assessment plat hereinafter provided for." Such resolution shall
837	also state the total estimated cost of the improvement. Such
838	estimated cost may include the cost of construction or
839	reconstruction, the cost of all labor and materials, the cost of
840	all lands, property, rights, easements, and franchises acquired,
841	financing charges, interest prior to and during construction and
842	for 1 year after completion of construction, discount on the
843	sale of assessment bonds, cost of plans and specifications,
844	surveys of estimates of costs and of revenues, cost of
845	engineering and legal services, and all other expenses necessary
846	or incident to determining the feasibility or practicability of
847	such construction or reconstruction, administrative expense, and
848	such other expense may be necessary or incident to the financing
849	herein authorized.
850	(3) At the time of the adoption of the resolution provided
851	for in subsection (2), there shall be on file at the District’s
852	offices, an assessment plat showing the area to be assessed,
853	with plans and specifications, and an estimate of the cost of
854	the proposed improvement, which assessment plat, plans, and
855	specifications and estimate shall be open to the inspection of
856	the public.
857	(4) Upon adoption of the resolution provided for in
858	subsection (2), or completion of the preliminary assessment roll
859	provided for in subsection (5), whichever is later, the vice
860	chair of the Board shall publish notice of the resolution once
861	in a newspaper published in the Counties of Charlotte and
862	Sarasota. The notice shall state in brief and general terms a
863	description of the proposed improvements with the location
864	thereof, and that the plans, specifications, and estimates are
865	available to the public at the district’s offices. The notice
866	shall also state the date and time of the hearing to hear
867	objections provided for in subsection (7), which hearing shall
868	be no earlier than 15 days after publication of said notice.
869	Such publication shall be verified by the affidavit of the
870	publisher and filed with the secretary to the Board.
871	(5) Upon the adoption of the resolution provided for in
872	subsection (2), the Board shall cause to be made a preliminary
873	assessment roll in accordance with the method of assessment
874	provided for in said resolution, said assessment roll shall show
875	the lots and lands assessed and the amount of the benefit to and
876	the assessment against each lot or parcel of land, and, if said
877	assessment is to be paid in installments, the number of annual
878	installments in which the assessment is divided shall also be
879	entered and shown upon said assessment roll.
880	(6) Upon the completion of said preliminary assessment
881	roll, the Board shall by resolution fix a time and place at
882	which the owners of the property to be assessed or any other
883	persons interested therein may appear before said Board and be
884	heard as to the propriety and advisability of making such
885	improvements, as to the cost thereof, as to the manner of
886	payment therefor, and as to the amount thereof to be assessed
887	against each property so improved. Ten days’ notice in writing
888	of such time and place shall be given to such property owners.
889	The notice shall include the amount of the assessment and shall
890	be served by mailing a copy by first class mail to each of such
891	property owners at his or her last known address, the names and
892	addresses of such property owners to be obtained from the
893	records of the property appraiser, proof of such mailing to be
894	made by the affidavit of the secretary to the Board, or by the
895	engineer.
896	(7) At the time and place named in the notice provided for
897	in subsection (4), the Board shall meet and hear testimony from
898	affected property owners as to the propriety and advisability of
899	making the improvements and funding them with non-ad valorem
900	assessments on property. Following the testimony, the Board
901	shall make a final decision on whether to levy the non-ad
902	valorem assessments, adjusting assessments as may be warranted
903	by information received at or prior to the hearing. If any
904	property which may be chargeable under this section shall have
905	been omitted from the preliminary roll or if the prima facie
906	assessment shall not have been made against it, the Board may
907	place on such roll an apportionment to such property. The owners
908	of any property so added to the assessment roll shall be mailed
909	a copy of the notice provided for in subsection (6), by first
910	class mail and granted 15 days from such date of mailing to file
911	any objections with the Board. When so approved by resolution of
912	the Board, a final assessment roll shall be filed with the vice
913	chair of the Board, and such assessments shall stand confirmed
914	and remain legal, valid, and binding first liens upon the
915	property against which such assessments are made until paid. The
916	assessment so made shall be final and conclusive as to each lot
917	or parcel assessed unless proper steps be taken within 30 days
918	of the filing of the final assessment roll in a court of
919	competent jurisdiction to secure relief. If the assessment
920	against any property shall be sustained or reduced or abated by
921	the court, the vice chair shall note that fact on the assessment
922	roll opposite the description of the property affected thereby
923	and notify the county property appraiser and the tax collector
924	in writing. The amount of the non-ad valorem assessment against
925	any lot or parcel which may be abated by the court, unless the
926	assessment upon the entire District be abated, or the amount by
927	which such assessment is so reduced, may by resolution of the
928	Board be made chargeable against the District at large, or, at
929	the discretion of the Board, a new assessment roll may be
930	prepared and confirmed in the manner hereinabove provided for
931	the preparation and confirmation of the original assessment
932	roll. The Board may by resolution grant a discount equal to all
933	or a part of the payee’s proportionate share of the cost of the
934	project consisting of bond financing costs, such as capitalized
935	interest, funded reserves, and bond discount included in the
936	estimated cost of the project, upon payment in full of any
937	assessment during such period prior to the time such financing
938	costs are incurred as may be specified by the board.
939	(8) The non-ad valorem assessments shall be payable at the
940	time and in the manner stipulated in the resolution providing
941	for the improvement; shall remain liens, coequal with the lien
942	of all state, county, district, and municipal taxes, superior in
943	dignity to all other liens, titles, and claims, until paid;
944	shall bear interest, at a rate not to exceed the percentage
945	authorized by section 170.09, Florida Statutes, for municipal
946	special assessments or, if bonds are issued pursuant to this
947	chapter, at a rate not to exceed 1 percent above the rate of
948	interest at which the bonds authorized pursuant to this act and
949	used for the improvement are sold, from the date of the
950	acceptance of the improvement; and may, by the resolution
951	aforesaid and only for capital outlay projects, be made payable
952	in equal installments over a period not to exceed 20 years, to
953	which, if not paid when due, there shall be added a penalty at
954	the rate of 1 percent per month, until paid. However, the
955	assessments may be paid without interest at any time within 30
956	days after the improvement is completed and a resolution
957	accepting the same has been adopted by the Board.
958	(9) The non-ad valorem assessments approved by the Board
959	may be levied, assessed, and collected pursuant to section
960	197.3632, Florida Statutes. The collection and enforcement of
961	the non-ad valorem assessment levied by the district shall be at
962	the same time and in like manner as county taxes.
963	(10) All assessments shall constitute a lien upon the
964	property so assessed from the date of confirmation of the
965	resolution ordering the improvement of the same nature and to
966	the same extent as the lien for general county, municipal, or
967	district taxes falling due in the same year or years in which
968	such assessments or installments thereof fall due, and any
969	assessment or installment not paid when due shall be collected
970	with such interest and with a reasonable attorney’s fee and
971	costs, but without penalties, by the District by proceedings in
972	a court of equity to foreclose the lien of assessment as a lien
973	for mortgages is or may be foreclosed under the laws of the
974	state; provided that any such proceedings to foreclose shall
975	embrace all installments of principal remaining unpaid with
976	accrued interest thereon, which installments shall, by virtue of
977	the institution of such proceedings immediately become due and
978	payable. Nevertheless, if, prior to any sale of the property
979	under decree of foreclosure in such proceedings, payment be made
980	of the installment or installments which are shown to be due
981	under the provisions of the resolution passed pursuant to this
982	section, and all costs including attorney’s fees, such payment
983	shall have the effect of restoring the remaining installments to
984	their original maturities and the proceedings shall be
985	dismissed. It shall be the duty of the District to enforce the
986	prompt collection of assessments by the means herein provided,
987	and such duty may be enforced at the suit of any holder of bonds
988	issued under this act in a court of competent jurisdiction by
989	mandamus or other appropriate proceedings or action. Not later
990	than 30 days after the annual installments are due and payable,
991	it shall be the duty of the board to direct the attorney or
992	attorneys whom the board shall then designate, to institute
993	actions within 3 months after such direction to enforce the
994	collection of all non-ad valorem assessments for improvements
995	made under this section and remaining due and unpaid at the time
996	of such direction. Such action shall be prosecuted in the manner
997	and under the conditions in and under which mortgages are
998	foreclosed under the laws of the state. It shall be lawful to
999	join in one action the collection of assessments against any or
1000	all property assessed by virtue of the same assessment roll
1001	unless the court shall deem such joiner prejudicial to the
1002	interest of any defendant. The court shall allow reasonable
1003	attorney’s fees for the attorney or attorneys of the district,
1004	and the same shall be collectible as a part of or in addition to
1005	the costs of the action. At the sale pursuant to decree in any
1006	such action, the District may be a purchaser to the same extent
1007	as an individual person or corporation, except that the part of
1008	the purchase price represented by the assessments sued upon and
1009	the interest thereon need not be paid in cash. Property so
1010	acquired by the District may be sold or otherwise disposed of,
1011	the proceeds of such disposition to be placed in the fund
1012	provided by subsection (11). However, no sale or other
1013	disposition thereof shall be made unless the notice calling for
1014	bids therefor to be received at a stated time and place shall
1015	have been published in a newspaper of general circulation in the
1016	District once in each of 4 successive weeks prior to such
1017	disposition.
1018	(11) All assessments and charges made under the provisions
1019	of this section for the payment of all or any part of the cost
1020	of any improvements for which assessment bonds shall have been
1021	issued under the provisions of this act are hereby pledged to
1022	the payment of the principal of and the interest on such
1023	assessment bonds and shall, when collected, be placed in a
1024	separate fund, properly designated, which fund shall be used for
1025	no other purpose than the payment of such principal and
1026	interest.
1027	(12) The counties in which the District is located and
1028	each school district and other political subdivision wholly or
1029	partly within the District shall be subject to the same duties
1030	and liabilities in respect of assessment under this section
1031	affecting the real estate of such counties, school districts, or
1032	other political subdivisions which private owners of real estate
1033	are subject to hereunder, and such real estate of any such
1034	counties, school districts, and political subdivision shall be
1035	subject to liens for said assessments in all cases where the
1036	same property would be subject had it at the time the lien
1037	attached been owned by a private owner, except that no such lien
1038	may be foreclosed unless and until said real estate is conveyed
1039	to a person or entity which is not a political subdivision.
1040	Section 10. The Board shall cause to be made at least once
1041	each year a comprehensive report of its water system, wastewater
1042	reuse system, and wastewater system including all matters
1043	relating to rates, revenues, expenses of maintenance, repair,
1044	and operation and renewals and capital replacements, principal
1045	and interest requirements, and the status of all funds and
1046	accounts. Copies of such general report shall be filed with the
1047	vice chair and shall be open to public inspection.
1048	Section 11. Any holder of bonds issued under the
1049	provisions of this act, or of any of the coupons appertaining
1050	thereto, except as to the extent that the rights herein granted
1051	may be restricted by the resolution authorizing the issuance of
1052	such bonds, may, either at law or in equity, by suit, mandamus
1053	or other proceeding, protect and enforce any and all rights
1054	under the laws of the state or granted hereunder or under such
1055	resolutions, and may enforce and compel the performance of all
1056	duties required by this act and by such resolutions to be
1057	performed by the District or by the board or by any officer or
1058	officers or employees thereof, including the fixing and charging
1059	and collecting of rates, fees, and charges for the services and
1060	facilities furnished by the water system, wastewater reuse
1061	system, or wastewater system and the due and proper collection
1062	of any non-ad valorem assessments pledged therefor.
1063	Section 12. (1) As the exercise of the powers conferred
1064	by this act constitutes the performance of essential public
1065	functions and as the systems constructed under the provisions of
1066	this act constitute public property used for public purposes,
1067	such District and the property thereof, including all revenues,
1068	moneys, or other assets of any type or character, shall not be
1069	subject to taxation by the state or any political subdivision,
1070	agency, instrumentality, or municipality thereof, and it is
1071	hereby expressly found, determined, and declared that all of the
1072	lands and real estate in said District will be benefited by the
1073	construction or acquisition of the systems, and additions,
1074	extensions, and improvements thereto, provided for in this act.
1075	(2) All bonds or other obligations issued under this act
1076	shall be exempt from all taxation by the state or any county,
1077	municipality, or political subdivision thereof; however, the
1078	exemption does not apply to any tax imposed by chapter 220,
1079	Florida Statutes, on interest, income, or profits; however, the
1080	exemption does not apply to any tax imposed by chapter 220,
1081	Florida Statutes, on interest, income, or profits on debt
1082	obligations owned by corporations. Such bonds or other
1083	obligations shall be and constitute securities eligible for
1084	deposit as collateral to secure any state, county, municipal, or
1085	other public funds, and shall also be and constitute legal
1086	investments for any banks, savings banks, trust funds,
1087	executors, administrators, state, county, municipal, or other
1088	public funds, or any other fiduciary funds.
1089	Section 13. In any case where the character or condition
1090	of the sewage from or originating in any manufacturing or
1091	industrial plant or building or premises is such that it imposes
1092	an unreasonable burden upon the wastewater system, an additional
1093	charge may be made therefor or the Board may, if it deems it
1094	advisable, compel such manufacturing or industrial plant,
1095	building, or premises to treat such wastewater in such manner as
1096	shall be specified by the Board before discharging such
1097	wastewater into any wastewater lines owned, maintained, or
1098	operated by the District.
1099	Section 14. The District is authorized to enter into any
1100	agreement for the delivery of any revenue bonds, assessment
1101	bonds, or any combination thereof, at one time or from time to
1102	time as full or partial payment for any work done by any
1103	contractor who may have been awarded a contract for the
1104	construction of all or any part of any system. However, any such
1105	bonds so delivered for payment of services shall have been
1106	authorized and issued pursuant to the provisions of this act and
1107	shall otherwise conform to the provisions thereof.
1108	Section 15. (1) All contracts for the purchase of
1109	commodities or contractual services in excess of $25,000 let,
1110	awarded, or entered into by the District for the construction,
1111	reconstruction, or addition to any system shall be publicly
1112	advertised and bid. The Board shall adopt procedures for public
1113	advertisement and call for sealed bids; which procedures may
1114	vary the frequency and length of publication based on the amount
1115	of the procurement.
1116	(2) Such advertisement for bids, in addition to the other
1117	necessary and pertinent matter, shall state in general terms the
1118	nature and description of the improvement or improvements to be
1119	undertaken and shall state that detailed plans and
1120	specifications for such work are on file in the office of the
1121	vice chair or will be mailed upon request to interested parties.
1122	The award shall be made to the responsible and competent bidder
1123	or bidders who shall offer to undertake the improvements at the
1124	lowest cost to the District and such bidder or bidders shall be
1125	required to file bond for the full and faithful performance of
1126	such work and the execution of any such contract in such amount
1127	as the Board shall determine. No criteria may be used in
1128	determining the acceptability of the bid that was not set forth
1129	in the invitation to bid. The contract shall be awarded with
1130	reasonable promptness by written notice to the qualified and
1131	responsive bidder who submits the lowest responsive bid.
1132	(3) When the Board determines that the use of competitive
1133	sealed bidding is not practicable, commodities or contractual
1134	services shall be procured by competitive sealed proposals. A
1135	request for proposals which includes a statement of the
1136	commodities or contractual services sought and all contractual
1137	terms and conditions applicable to the procurement, including
1138	the criteria, which shall include, but not be limited to, price,
1139	to be used in determining acceptability of the proposal shall be
1140	issued. To ensure full understanding of and responsiveness to
1141	the solicitation requirement, discussions may be conducted with
1142	qualified offerors. The offerors shall be accorded fair and
1143	equal treatment prior to the submittal dates specified in the
1144	request for proposals with respect to any opportunity for
1145	discussion and revision of proposals. The award shall be made to
1146	the responsible offeror whose proposal is determined in writing
1147	to be the most advantageous to the District, taking into
1148	consideration the price and the other criteria set forth in the
1149	request for proposals.
1150	(4) If the chair of the Board, or his or her designee,
1151	determines in writing that an immediate danger to the public
1152	health, safety, or welfare or other substantial loss to the
1153	District requires emergency action, the provisions of this
1154	section requiring competitive bidding or proposals shall be
1155	waived. After the chair or his or her designee makes such a
1156	written determination, the District may proceed with the
1157	procurement of commodities or contractual services necessitated
1158	by the immediate danger, without competition. However, such
1159	emergency procurement shall be made with such competition as is
1160	practicable under the circumstances. Commodities or contractual
1161	services available only from a single source may be excepted
1162	from the bid requirements if it is determined that such
1163	commodities or services are available only from a single source
1164	and such determination is documented and approved by the Board.
1165	Nothing in this section shall be deemed to prevent the district
1166	from hiring or retaining such consulting engineers, or other
1167	professionals or other technicians as it shall determine, in its
1168	discretion, consistent with the requirements of section 287.055,
1169	Florida Statutes, or for undertaking any construction work with
1170	its own resources and without any such public advertisement.
1171	Section 16. The same rates, fees, charges, and non-ad
1172	valorem assessments shall be fixed, levied, and collected on the
1173	property, officers, and employees of the counties, or any school
1174	district, or other political subdivision included within the
1175	District, as are fixed, levied, and collected on all other
1176	properties or persons in the District as provided in this act.
1177	Section 17. Any county, municipality, or other political
1178	subdivision is authorized to sell, lease, grant, or convey any
1179	real or personal property to the district and any such sale,
1180	grant, lease, or conveyance may be made without formal
1181	consideration. The district is authorized to classify as surplus
1182	any of its property and dispose of such property consistent with
1183	the provisions of sections 274.05 and 274.06, Florida Statutes.
1184	Section 18. No system or portion thereof shall be
1185	constructed within the District unless the Board shall give its
1186	consent thereto and approve the plans and specifications
1187	therefor; subject, however, to the terms and provisions of any
1188	resolution authorizing any bonds and agreements with
1189	bondholders.
1190	Section 19. The Board shall have no power to mortgage,
1191	pledge, encumber, sell, or otherwise convey all or any part of
1192	its systems except as otherwise provided in this act, and except
1193	that the Board may dispose of any part of such system or systems
1194	as may be no longer necessary for the purposes of the District.
1195	The provisions of this section shall be deemed to constitute a
1196	contract with all bondholders. All District property shall be
1197	exempt from levy and sale by virtue of an execution and no
1198	execution or other judicial process shall issue against such
1199	property nor shall any judgment against the District be a charge
1200	or lien on its property; provided that nothing herein contained
1201	shall apply to or limit the rights of bondholders to pursue any
1202	remedy for the enforcement of any lien or pledge given by the
1203	district on revenues derived from the operation of any system.
1204	Section 20. The state does hereby pledge to and covenant
1205	and agree with the holders of any bonds issued pursuant to this
1206	act that the state will not limit or alter the rights hereby
1207	vested in the District to acquire, construct, maintain,
1208	reconstruct, and operate its systems and to fix, establish,
1209	charge, and collect its service charges therefor, and to fulfill
1210	the terms of any agreement made with the holders of such bonds
1211	or other obligations, and will not in any way impair the rights
1212	or remedies of such holders, until the bonds, together with
1213	interest thereon, with interest on any unpaid installments of
1214	interest, and all costs and expenses in connection with any
1215	action or proceeding by or on behalf of such holders, are fully
1216	met and discharged.
1217	Section 21. The provisions of this act shall be deemed to
1218	constitute a contract with the holders of any bonds issued
1219	hereunder and shall be liberally construed to effect its
1220	purposes and shall be deemed cumulative and supplemental to all
1221	other laws.
1222	Section 22. If any section or provision of this act is
1223	held to be invalid or inoperative, then the same shall be deemed
1224	severable from and shall not affect the validity of any of the
1225	other provisions hereof.
1226	Section 23. The District may assume the operation of any
1227	system which substantially fails to meet its financial
1228	responsibilities or operating standards pursuant to this act or
1229	other laws and regulations of the state, if the Board determines
1230	that such action is in the public interest and the system owner
1231	conveys ownership to the District.
1232	Section 24. The Board may lease or license the use of any
1233	real or personal property of the District upon such terms,
1234	conditions, and for such consideration as the Board deems
1235	appropriate. However, no such lease or license shall be for a
1236	period exceeding 20 years in duration, unless renewed, and
1237	provided that the lease or license shall be restricted to permit
1238	the grantee to use such property during the term of the lease or
1239	license only for civic or public purposes or purposes not in
1240	conflict with this act or general law.
1241	Section 25. The District may, in addition to other
1242	provisions of this act providing for the accrual of interest,
1243	assess an interest charge on contractual obligations owed the
1244	District. Such interest shall accrue at an annual percentage
1245	rate as provided in chapter 687, Florida Statutes, or as
1246	otherwise provided by contract. Such accrued interest charges,
1247	if payment thereof becomes delinquent, may be recovered in the
1248	same manner as provided in this act for other delinquent rates,
1249	fees, charges, or penalties.
1250	Section 26. The members of the Board of Supervisors shall
1251	be subject to recall as provided by general law for elected
1252	officers of municipalities.
1253	Section 27. Any person who shall steal or damage District
1254	property, or tamper with or alter District property or threaten
1255	or cause actual harm to public health shall be guilty of a
1256	criminal offense and misdemeanor within the meaning of section
1257	775.08, Florida Statutes, unless such offense is of a higher
1258	degree in general law, and shall be punishable as provided by
1259	law.
1260	Section 28. All contracts, obligations, rules,
1261	regulations, or policies of any nature existing on the date of
1262	enactment of this act shall remain in full force and effect and
1263	this act shall in no way affect the validity of such contracts,
1264	obligations, rules, regulations, or policies.
1265	Section 29. This act shall not affect the terms of office
1266	of the present District Board, nor shall it affect the terms and
1267	conditions of employment of any employees of the District.
1268	Section 30. Chapter 96-499, Laws of Florida, is repealed.
1269	Section 31. It is declared to be the intent of the
1270	Legislature that if any section, subsection, sentence, clause,
1271	phrase, or portion of this act is, for any reason, held invalid
1272	or unconstitutional by a court of competent jurisdiction, such
1273	portion shall be deemed to be a separate, distinct, and
1274	independent provision and such holdings shall not affect the
1275	validity of the remaining portions of this act.
1276	Section 32. This act shall be construed as a remedial act
1277	and the provisions of this act shall be liberally construed in
1278	order to effectively carry out the purpose of this act in the
1279	interest of the public health, welfare, and safety of the
1280	citizens served by the District.
1281	Section 33. All laws or part of laws in conflict herewith
1282	are, to the extent of such conflict, repealed.
1283	Section 34. This act shall take effect upon becoming a
1284	law.