HB 0881 2003
1	CHAMBER ACTION
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6	The Committee on Procedures recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to Charlotte and Sarasota Counties;
12	creating the Englewood Water District; providing for
13	codification of special laws regarding special districts
14	pursuant to s. 189.429, F.S., relating to the Englewood
15	Water District; establishing boundaries; providing
16	definitions; providing for election of a Board of
17	Supervisors to govern said District; establishing powers,
18	authority, and duties of the Board; granting to said
19	governing board the authority in the territory defined to
20	construct, acquire, extend, enlarge, reconstruct, improve,
21	maintain, equip, repair, and operate a water system,
22	wastewater system, or wastewater reuse system, or any
23	combination thereof; authorizing the levy and collection
24	of non-ad valorem assessments on property benefited by the
25	construction of such water system, wastewater system,
26	wastewater reuse system, or combined systems; providing
27	for optional methods of financing the cost of the water
28	system, wastewater system, wastewater reuse system, or
29	combined systems or extensions and additions thereto by
30	the issuance of revenue bonds or assessment bonds or any
31	combination thereof and the fixing and collection thereof
32	and the fixing and collection of rates and charges on
33	users of such systems; providing for the levy and
34	collection of non-ad valorem assessments on benefited
35	property and the pledge of such assessments for the
36	payment of any revenue bonds or assessment bonds;
37	providing for the rights, remedies, and security of any of
38	the holders of said bonds; providing penalties; repealing
39	chapter 96-499, Laws of Florida, relating to the creation
40	and establishment of the Englewood Water District;
41	providing an effective date.
42
43	Be It Enacted by the Legislature of the State of Florida:
44
45	Section 1. In accordance with section 189.429, Florida
46	Statutes, this act constitutes the codification of all special
47	acts relating to the Englewood Water District. It is the intent
48	of the Legislature in enacting this law to provide a single,
49	comprehensive special act charter for the district, including
50	all current legislative authority granted to the district by its
51	several legislative enactments and any additional authority
52	granted by this act.
53	Section 2. Chapter 96-499, Laws of Florida, relating to
54	Englewood Water District, is codified, reenacted, amended, and
55	repealed as herein provided.
56	Section 3. The Englewood Water District is re-created and
57	the charter is re-created and reenacted to read:
58	Section 1. (1) There is hereby created the Englewood
59	Water District for the areas of Charlotte and Sarasota Counties,
60	described as follows:
61
62	Sections 8, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23,
63	24, 25, 26, 27, 35, and 36, that part of sections 4
64	and 5, lying and being west of the west boundary of
65	Lemon Bay, township 40 south; range 19 east; and
66	sections 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32
67	and 33, township 40 south, range 20 east, all being in
68	Sarasota County, State of Florida.
69
70	Sections 1, 2, 12 and 13, Township 41 South, Range 19
71	East; Sections 4, 5, 6, 7, 8, 9, 16, 17, and 18, that
72	part of Section 20 lying and being east of the east
73	boundary of Lemon Bay, Township 41 South, Range 20
74	East, all lying and being in Charlotte County, State
75	of Florida.
76
77	That portion of Section 3, Township 40 South, Range 19
78	East lying west of S.R. 776 (Englewood Road), and
79	those portions of Sections 4 and 5, Township 40 South,
80	Range 19 East, lying and being east of the west
81	boundary of Lemon Bay, all being south of the
82	east-west line prescribed by Colonial Road, all being
83	in Sarasota County, Florida.
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85	(2) The Englewood Water District is hereby declared to be
86	a body corporate and politic under the corporate name and style
87	of "Englewood Water District" with power to contract, to sue and
88	be sued in its corporate name, and with the other powers and
89	duties hereinafter set forth, as well as all other powers and
90	exemptions given by general law.
91	Section 2. As used in this act, unless the context
92	otherwise requires:
93	(1) "District" means the Englewood Water District created
94	by this act.
95	(2) "Water system" means and includes any plants, systems,
96	facilities, or property and additions, extensions, and
97	improvements thereto at any future time constructed or acquired
98	as a part thereof, useful or necessary, or having the present
99	capacity for future use in connection with the development of
100	sources, treatment for purification and distribution of water
101	for domestic, commercial, or industrial use and without limiting
102	the generality of the foregoing shall include dams, reservoirs,
103	storage tanks, mains, lines, valves, pumping stations, laterals,
104	and pipes for the purpose of carrying water to the premises
105	connected with such system and shall include all real and
106	personal property and any interest therein, rights, easements,
107	and franchises of any nature whatsoever relating to such system
108	and necessary or convenient to the operation thereof.
109	(3) "Wastewater system" means and includes any plant,
110	system, facility, or property and additions, extensions, and
111	improvements thereto at any future time constructed or acquired
112	as a part thereof, useful or necessary, or having the present
113	capacity for future use in connection with the collections,
114	treatment, purification, or disposal of wastewater or sewerage
115	of any nature or originating from any source, including
116	industrial wastes resulting from any processes of any industry,
117	manufacture, trade, or business or from the development of any
118	natural resources; and without limiting the generality of the
119	foregoing definition shall embrace treatment plants, pumping
120	stations, lift stations, valves, force mains, intercepting
121	sewers, laterals, pressure lines, mains, and all necessary
122	appurtenances and equipment, all wastewater mains and laterals
123	for the reception and collection of wastewater or sewerage on
124	premises connected therewith, and shall include all real and
125	personal property and any interest therein, rights, easements,
126	and franchises of any nature whatsoever relating to any such
127	system and necessary or convenient for the operation thereof.
128	(4) "Wastewater reuse system" means and includes any
129	plant, system, facility, or property and additions, extensions,
130	and improvements thereto at any future time constructed or
131	acquired as a part thereof, useful or necessary, or having the
132	present capacity for future use in connection with the
133	collection, treatment, purification, disposal, or distribution
134	of wastewater or stormwater originating from any source, for the
135	purpose of reuse and without limiting the generality of the
136	foregoing definition, shall embrace treatment plants, dams,
137	reservoirs, storage tanks, pumping stations, lift stations,
138	valves, force mains, laterals, pressure lines, mains, and all
139	necessary appurtenances and equipment, and shall include all
140	real and personal property and any interest therein, rights,
141	easements, and franchises of any nature whatsoever relating to
142	any such system and necessary or convenient for the operation
143	thereof. Water which has received at least secondary treatment
144	and stormwater may be referred to as reclaimed wastewater and
145	may be reused for such beneficial purposes, including, but not
146	limited to, landscape or agricultural irrigation, aesthetic uses
147	such as ponds or fountains, groundwater recharge, industrial
148	uses, environmental enhancement, or fire protection.
149	(5) "System" or "systems" means the water, wastewater, or
150	wastewater reuse systems authorized by this act either
151	individually, in any combination, or any part thereof.
152	(6) "Cost" means, as applied to the acquisition and
153	construction of a water system, wastewater reuse system, or a
154	wastewater system or extensions, additions, or improvements
155	thereto, the cost of construction or reconstruction,
156	acquisition, or purchase, the cost of all labor, materials,
157	machinery, and equipment, cost of all lands and interest
158	therein, an office and administration building for the district,
159	property, rights, easements, and franchises of any nature
160	whatsoever, financing charges, interest prior to and during
161	construction and for 1 year after completion of construction or
162	acquisition of such water system, wastewater reuse system, or
163	wastewater system or extensions, additions, or improvements
164	thereto, bond discount, fees and expenses of financial advisors
165	or fiscal agents, cost of plans and specifications, surveys and
166	estimates of costs and revenues, cost of engineering and legal
167	services, and all other expenses necessary or incidental in
168	determining feasibility or practicality of such construction,
169	reconstruction, or acquisition, administrative expenses and such
170	other expenses as may be necessary or incidental to the
171	construction or acquisition or improvement of such water system,
172	wastewater reuse system, or wastewater system authorized by this
173	act and the financing thereof, and the reimbursement of any
174	expenses incurred by the district in connection with any of the
175	foregoing items of cost.
176	(7) "Revenue bonds" means bonds or other obligations
177	secured by and payable as to principal and interest from the
178	revenues derived from rates, fees, and charges collected by the
179	district from the users of the facilities of the water system,
180	wastewater reuse system, or wastewater system, or any
181	combination thereof, and which may or may not be additionally
182	secured by a pledge of the proceeds of non-ad valorem
183	assessments levied against property benefiting from assessable
184	improvements.
185	(8) "Board" means the Board of Supervisors of the
186	District.
187	Section 3. The District shall be governed and its affairs
188	administered by the Board of Supervisors consisting of five
189	members.
190	A.(i) By a majority vote, the Englewood Water District
191	Board of Supervisors shall adopt a preliminary resolution
192	dividing the district into five separate and distinct sections
193	of approximately equal populations, drawn along Charlotte County
194	and/or Sarasota County precinct lines, if feasible. These
195	divisions shall be known as the "Englewood Water District
196	Supervisor Election Districts" which shall be numbered 1 through
197	5.
198	(ii) After the initial adoption by the board of the
199	proposed Englewood Water District Supervisor Election Districts,
200	the district shall hold a public hearing at which all residents
201	of the district or other interested parties shall have an
202	opportunity to be heard concerning the proposed Englewood Water
203	District Supervisor Election Districts. Notice of such public
204	hearing setting forth the five proposed Englewood Water District
205	Supervisor Election Districts shall be given by one publication
206	in a newspaper published in Charlotte County, in a newspaper
207	published in Sarasota County, and such notice shall also be
208	posted in five public places in the district, at least 30 days
209	prior to the date of such hearing, which may be adjourned from
210	time to time.
211	(iii) After such hearing, such preliminary resolution
212	dividing the district into five separate and distinct sections,
213	known as the Englewood Water District Supervisor Election
214	Districts, either as initially adopted or as modified or
215	amended, shall be finally adopted. A map of the Englewood Water
216	District Supervisor Election Districts shall be kept on file in
217	the office of the administrator of the district and shall be
218	open to public inspection during normal business hours.
219	(iv) The Englewood Water District Supervisor Election
220	Districts shall be revised every 10 years in the same manner as
221	they were originally established. If the boundaries of the
222	district are modified, the election districts shall be modified
223	as necessary in the same manner established above in adequate
224	time for the new election districts to be utilized during the
225	next general election.
226	1. On the first Tuesday after the first Monday of November
227	1994, a person residing in Englewood Water District Board of
228	Supervisors Election District 5 was elected by the qualified
229	electors of the Englewood Water District for a 4-year term to
230	create and fill Englewood Water District Supervisors Election
231	District Seat Five. On the first day of January following the
232	election, the expiring seats, four and six were eliminated.
233	2. On the first Tuesday after the first Monday of November
234	1995, a person residing in Englewood Water District Board of
235	Supervisors Election District 4 was elected by the qualified
236	electors of the Englewood Water District for a term of 3 years
237	to create and fill Englewood Water District Supervisors Election
238	District Seat Four. On the first day of January following the
239	election, the expiring seats, seven, eight, and nine shall be
240	eliminated.
241	3. On the first Tuesday after the first Monday of November
242	1996, a person residing in each of the Englewood Water District
243	Board of Supervisors Election Districts 3, 2, and 1 was elected
244	by the qualified electors of the Englewood Water District for a
245	term of 4 years to create and fill Englewood Water District
246	Supervisors Election District Seats three, two, and one
247	respectively.
248	B.(i) On the first Tuesday after the first Monday in
249	November 2002, and every 4th year thereafter, two supervisors,
250	one residing in Englewood Water District Board of Supervisors
251	Election District 5 and one residing in Englewood Water District
252	Board of Supervisors Election District 4, were elected by the
253	qualified electors of the Englewood Water District for a term of
254	4 years.
255	(ii) On the first Tuesday after the first Monday in
256	November 2004, and every 4th year thereafter, three supervisors,
257	one residing in Englewood Water District Board of Supervisors
258	Election District 3, one residing in Englewood Water District
259	Board of Supervisors Election District 2, and one residing in
260	Englewood Water District Board of Supervisors Election District
261	1, shall be elected by the qualified electors of the Englewood
262	Water District for a term of 4 years.
263	(iii) The results of such election shall be declared by
264	resolution adopted by the Board. Each elected member of the
265	Board shall assume office 10 days following the member’s
266	election. Each supervisor shall duly file his or her oath of
267	office and a bond in such amount as the Board shall determine
268	for the faithful performance of his or her duties prior to
269	taking office and the cost thereof shall be paid by the
270	District.
271	C. In the event no person has been elected at the general
272	election to fill an office which was required to be filled at
273	such election, the members of the board shall, within 60 days
274	following the date of the election, by a majority vote of all
275	members then in office, appoint a person from the appropriate
276	Englewood Water District Supervisors Election District, to serve
277	for each office not otherwise filled by said election, to serve
278	until the next general election, at which election the qualified
279	electors of the District shall elect a supervisor to serve the
280	remaining unexpired term, if any, of such supervisors so
281	appointed.
282	(i) In the event any supervisor shall resign, die, or be
283	removed from the district, or the office of such supervisor
284	shall for any reason become vacant, the remaining members of the
285	board may, by a majority vote of all members then in office,
286	appoint a successor to such supervisor from the appropriate
287	Englewood Water District Supervisors Election District to serve
288	until the next general election, at which election the qualified
289	electors of the district shall elect a supervisor to serve for
290	the remaining unexpired term, if any, of such supervisor whose
291	office became vacant as aforesaid.
292	(ii) A notice of the election shall be given at least once
293	at least 14 days prior thereto by one publication in a newspaper
294	published in Charlotte County, in a newspaper published in
295	Sarasota County, and be posted during the 14-day period in five
296	public places in the district.
297	D. All elections under this act shall be nonpartisan.
298	E.(i) Elections for the purpose of electing Supervisors to
299	the Board shall conform to the Florida Election Code, chapters
300	97 through 106, Florida Statutes, as pertains to independent
301	special districts as set forth in section 189.405, Florida
302	Statutes.
303	(a) The results of the election shall be jointly canvassed
304	by the county canvassing boards of the Counties of Charlotte and
305	Sarasota and the results of such joint canvass shall be reported
306	in accordance with general law.
307	(b) Supervisors shall be qualified electors with legal
308	residence in the appropriate Englewood Water District Board of
309	Supervisors Election District, who are freeholders. The office
310	of any supervisor who ceases to be a qualified elector with
311	legal residence in the appropriate election district and a
312	freeholder in the district during his or her term of office
313	shall become vacant.
314	(ii)(a) The Board shall be vested with all administrative
315	power and authority of the District and shall have and exercise
316	all powers conferred upon such District by the terms of this
317	act. Said Board members may receive compensation for their
318	services to be determined by at least a majority plus one vote
319	of the Board. The board shall publish notice of its intent to
320	consider a modification of board member compensation in the same
321	manner as provided in paragraph 1(e) of this section. Said
322	salary may not exceed $2,500 each, annually, except that the
323	chair may receive $3,000 annually. Such payments shall be
324	payable in such installments during each year of a member’s term
325	as the Board shall from time to time determine. Said Board
326	members shall also be reimbursed for moneys expended in the
327	performance of their official duties consistent with the
328	provisions of section. 112.061, Florida Statutes.
329	(b) The organization and conduct of the Board’s affairs
330	shall be as follows:
331	1. The chair and vice chair shall be elected at an annual
332	meeting to be held in January of each year, and shall serve in
333	said capacities until the next annual meeting and said officers
334	may be removed at any time during their tenure, with or without
335	cause, by a majority vote of all members of said Board. Upon the
336	expiration of the terms of office of any of said officers for
337	any reason whatsoever, the Board shall elect new officers to
338	fill the positions thus vacated.
339	2. The Board shall hold such meetings as the business
340	affairs of the district may require, and all such meetings shall
341	be noticed and open to the public as provided by law. Such
342	meetings shall be held within the territorial limits of the
343	District or may be held outside the District in conjunction with
344	other boards, commissions, agencies, bodies, or persons for the
345	purpose of holding discussions or for the exchange of
346	information. However, no formal action may be taken by the
347	passage of any resolution, rule, or order at meetings held
348	outside the District other than that action which is required
349	for the ordinary conduct of such meetings.
350	3. A majority of the Board shall constitute a quorum at
351	any meeting thereof and all actions of the Board shall be upon
352	an affirmative vote of the majority of Board members present at
353	any such meeting; provided that no action of the Board may pass
354	with less than three affirmative votes. However, any resolution
355	authorizing the issuance of bonds or other obligations, or the
356	levy on non-ad valorem assessments or the fixing of rates and
357	charges for the services and facilities of the systems of the
358	District shall not be adopted except upon the affirmative vote
359	of a majority of all the members of the Board then in office.
360	Actions of the Board shall be evidenced by resolutions voted
361	upon and adopted by the Board, which may be finally adopted at
362	the same meeting at which they are introduced and need not be
363	published or posted, except resolutions authorizing the issuance
364	of bonds or other obligations shall be advertised in accordance
365	with the provisions of Section 3(1)(c)2 and a public hearing
366	shall be held prior to the adoption of such resolutions.
367	Resolutions providing solely for the refunding of any already
368	existing bonds or other obligations need not be so advertised.
369	4. Written minutes of each Board meeting shall be kept and
370	there shall be recorded therein a report of all that transpired
371	at any such meeting. The minutes shall be signed by the vice
372	chair of the Board and kept permanently in books provided for
373	that purpose.
374	5. The Board shall cause to be kept complete and accurate
375	books of accounting in standard bookkeeping and accounting
376	procedures. Annually the Board shall make a true and complete
377	accounting of all moneys received and expended by said Board and
378	said accounting shall list the assets and liabilities of the
379	District. Said accounting shall be based upon an audit prepared
380	by a certified public accountant, and shall be in writing with
381	sufficient copies thereof made to furnish to any inhabitants of
382	the district requesting same.
383	6. All contracts of the District shall be signed by the
384	chair of the Board of Supervisors, and the seal of the board
385	shall be affixed thereto, attested by the secretary to the Board
386	who shall be official custodian of such seal. The Board, by
387	resolution, may delegate authority to sign contracts to the
388	administrator of the District. Any bonds issued by the District
389	under the provisions of this act shall be signed in the same
390	manner as a contract. However, only one manual signature shall
391	be required on any bonds and the seal of the District may be
392	imprinted or reproduced thereon.
393	7. Every Board member and every officer of the district
394	shall be indemnified by the District against all expenses and
395	liabilities, including counsel fees, reasonably incurred by or
396	imposed upon the member or officer in connection with any
397	proceeding or any settlement of any proceeding to which he or
398	she may be a party or in which he or she may become involved by
399	reason of his or her being or having been a Board member or
400	officer of the District, whether or not he or she is a Board
401	member or officer at the time such expenses are incurred. In the
402	event of a settlement, the indemnification shall apply only when
403	the Board approves such settlement and reimbursement as being
404	for the best interests of the District. The right of
405	indemnification authorized by this paragraph shall be in
406	addition to and not exclusive of all other rights to which a
407	Board member or officer may be entitled. This paragraph shall
408	not apply to a Board member or officer who is adjudged guilty of
409	willful misfeasance or malfeasance in the performance of his or
410	her duties.
411	8. The Board may, by the vote of a majority of all
412	members, elect a member to serve as chair or vice chair on an
413	interim basis during the absence of such officer. The interim
414	officer shall have all of the powers, duties, and authority of
415	such officer during his or her absence.
416	Section 4. The district, by and through the Board, is
417	hereby authorized and empowered:
418	(1) To make rules and regulations for its own governance
419	and proceedings and to adopt an official seal for the District.
420	(2) To employ such consulting and other engineers,
421	technicians, construction and accounting experts, financial
422	advisors or fiscal agents, attorneys, and such other agents and
423	employees as the board may require or deem necessary to
424	effectuate the purposes of this act and to take such steps as
425	are necessary to be taken to provide coverage by the old age and
426	survivors insurance system embodied in the Federal Social
427	Security Act to employees of the Englewood Water District on as
428	broad a basis as permitted under the Federal Social Security Act
429	and the laws of Florida and may provide a pension or retirement
430	plan for its employees. Board members are not eligible for
431	pension or retirement benefits. Notwithstanding the prohibition
432	against extra compensation set forth in section 215.425, Florida
433	Statutes, the board may provide for an extra compensation
434	program, including a lump-sum bonus payment program, to reward
435	outstanding employees whose performance exceeds standards, if
436	the program provides that a bonus payment may not be included in
437	an employee’s regular base rate of pay and may not be carried
438	forward in subsequent years.
439	(3) To construct, install, erect, acquire and operate,
440	maintain, improve, extend, or enlarge and reconstruct a water
441	system, wastewater system, or a wastewater reuse system or any
442	combination thereof within or without said district for the
443	furnishing of water service, wastewater service, or wastewater
444	reuse service or any combination of such services to the
445	inhabitants of the district, and to have the exclusive control
446	and jurisdiction thereof; to issue its revenue bonds, assessment
447	bonds, or other obligations, or any combination thereof to pay
448	all or part of the cost of such construction, reconstruction,
449	erection, acquisition, or installation of such systems. The
450	purchase or sale of a water, wastewater, or wastewater reuse
451	system shall be accomplished in accordance with section 189.423,
452	Florida Statutes.
453	(4) To regulate the disposal of wastewater, reuse of
454	wastewater, and the supply of water within the District and to
455	prohibit the use and maintenance of outhouses, privies, septic
456	tanks, or other unsanitary structures or appliances, in
457	accordance with the general laws of the state.
458	(5) To fix and collect rates, fees, capital contributions,
459	and other charges for the use of the facilities and services
460	provided by any system, and to fix and collect charges for
461	making connections and reconnections with any such system, and
462	to provide for reasonable charges and penalties to any users of
463	property for any such rates, fees, or charges that are
464	delinquent.
465	(6) To acquire in the name of the district by purchase,
466	gift, or the exercise of eminent domain pursuant to chapter 73
467	or chapter 74, Florida Statutes, such lands and rights and
468	interest therein, both within and without the district,
469	including land under water and riparian rights and to acquire
470	such personal property as may be deemed necessary in connection
471	with the construction, reconstruction, improvement, extensions,
472	installation, erection, or operation and maintenance of any
473	system, and to hold and dispose of all real and personal
474	property under its control.
475	(7) To receive grants, either separately or in conjunction
476	with any municipality, governmental agency, or governmental
477	entity, either in the nature of public works or public
478	improvement grants or loans from any governmental agency,
479	department, bureau, or individual for the purpose of installing,
480	constructing, erecting, acquiring, operating, or maintaining a
481	system or other things necessary or incidental thereto.
482	(8) To exercise exclusive jurisdiction, control, and
483	supervision over any system owned, operated, and maintained by
484	the District and to make and enforce such rules and regulations
485	for the maintenance and operation of any system as may be, in
486	the judgment of the Board, necessary or desirable for the
487	efficient operation of any such systems or improvements in
488	accomplishing the purposes of this act.
489	(9) To restrain, enjoin, or otherwise prevent the
490	violation of this act or of any resolution, rule, or regulation
491	adopted pursuant to the powers granted by this act.
492	(10) To join with any other district or districts, cities,
493	towns, counties, or other political subdivisions, public
494	agencies or authorities in the exercise of common powers
495	consistent with section 163.01, Florida Statutes.
496	(11) To contract with municipalities or other private or
497	public corporations or persons to provide or receive a water
498	supply or for wastewater disposal, collection, or treatment or
499	for wastewater reuse.
500	(12) To prescribe methods of pretreatment of industrial
501	wastes not amenable to treatment with domestic wastewater before
502	accepting those wastes for treatment and to refuse to accept
503	such industrial wastes when not sufficiently pre-treated as may
504	be prescribed, and by proper resolution to prescribe penalties
505	for the refusal of any person or corporation to so pre-treat
506	such industrial wastes.
507	(13) To require and enforce the use of its facilities
508	whenever and wherever they are accessible in accordance with
509	applicable general law and applicable local government
510	comprehensive plans.
511	(14) To sell or otherwise dispose of the effluent, sludge,
512	reclaimed wastewater, or other byproducts as a result of
513	wastewater treatment and reclamation.
514	(15) To accomplish construction by holding hearings,
515	advertising for construction bids, and letting contracts for all
516	or any part or parts of the construction of any system in
517	accordance with the provisions of section 15.
518	(16) To cause surveys, plans, specifications, and
519	estimates to be made from time to time for any system.
520	(17) To enter on any lands, water, or premises, public or
521	private, located within or without the District or the Counties
522	of Charlotte or Sarasota to make surveys, borings, soundings, or
523	examinations for the purposes of this act.
524	(18) To construct and operate connecting, intercepting, or
525	outlet wastewater or reclaimed wastewater mains and pipes and
526	water mains, conduits or pipe lines in, along, or under any
527	street, alleys, highways, or other public places or ways within
528	the state or any municipality or political subdivision.
529	(19) Subject to such provisions and restrictions as may be
530	set forth in the resolution authorizing or securing any bonds or
531	other obligations issued under the provisions of this act, to
532	enter into contracts with the government of the United States or
533	any agency or instrumentality thereof, or with any other county,
534	municipality, district, authority, or political subdivision,
535	private corporation, partnership, association, or individual
536	providing for or relating to the treatment, collection, and
537	disposal of wastewater or the treatment, supply, and
538	distribution of water or reclaimed wastewater and any other
539	matters relevant thereto or otherwise necessary to effect the
540	purposes of this act and to receive and accept from any federal
541	agency, grants for or in aid of the planning, construction,
542	reconstruction or financing of any system and to receive and
543	accept aid or contributions from any other source of either
544	money, property, labor or other things of value to be held,
545	used, and applied only for the purpose for which such grants and
546	contributions may be made.
547	(20) To acquire, purchase, or buy real estate within or
548	without the District to be used in the development,
549	installation, construction, improvement, maintenance, operation,
550	or servicing of any system of the District, by installment
551	contract, agreement for deed, or by note and mortgage; provided
552	that said contract, agreement for deed, or mortgage does not
553	constitute a lien or encumbrance upon any real property other
554	than that being purchased thereby.
555	(21) To sell or otherwise dispose of effluent, sludge, or
556	other byproducts produced by any system.
557	(22) To require the owner, tenant, or occupant of each lot
558	or parcel of land within the District who is obligated to pay
559	the rates, fees, or charges for the services furnished by any
560	facility owned or operated by the District under the provisions
561	of this act make a reasonable deposit with the district in
562	advance to ensure the payment of such rates, fees, or charges.
563	If such rates, fees, or charges become delinquent, the district
564	may apply the deposit to the payment or partial payment thereof,
565	including accrued interest, shutoff charges, and penalties, if
566	any.
567	(23) To invest and reinvest the surplus public funds of
568	the district consistent with the requirements of applicable
569	state or federal laws.
570	Section 5. (1) The Board for and on behalf of the
571	District is authorized to provide from time to time for the
572	issuance of revenue bonds to finance or refinance all or part of
573	the costs of additions, extensions, and improvements to, or the
574	acquisition of, any system. The principal of and interest on any
575	such revenue bonds shall be payable from the rates, fees,
576	charges, or other revenues derived from the operation of any
577	such system or systems in the manner provided in this act and
578	the resolution authorizing such bonds and pledging such
579	revenues. The proceeds of non-ad valorem assessments levied as
580	provided in this act may be pledged as additional security for
581	said revenue bonds. It is the express intent of this act that
582	the District shall be authorized to finance the purposes
583	provided in this act by the issuance of revenue bonds or special
584	assessment bonds separately for all or any part of the cost
585	thereof, or to issue revenue bonds additionally secured by the
586	non-ad valorem assessments for all or any part of such cost, so
587	that the District shall have complete flexibility as to the
588	types of bonds to be issued and the security for the holders of
589	such bonds. The revenue bonds of the District shall be issued in
590	such denominations, mature on such dates and in such amounts,
591	and may be subject to optional and mandatory redemption, all as
592	shall be determined by resolutions adopted by the Board on
593	behalf of the District. Bonds of said District may bear interest
594	at a fixed or floating or adjustable rate and may be issued as
595	interest-bearing, interest-accruing bonds or zero coupon bonds
596	at such rate or rates not exceeding the maximum rate permitted
597	by general law, all as shall be determined by resolutions of the
598	Board on behalf of the District. Principal and interest shall be
599	payable in the manner determined by the Board. The bonds shall
600	be signed by the chair or vice chair of the Board, attested with
601	the seal of said District and by the signature of the chair of
602	the Board of Supervisors. In case any officer whose signature or
603	a facsimile of whose signature shall appear on the bonds shall
604	cease to be such officer before the delivery of such bonds, such
605	signature or facsimile shall nevertheless be valid and
606	sufficient for all intents and purposes the same as if he or she
607	had remained in office until such delivery. The Board may sell
608	such bonds in such manner not inconsistent with general law,
609	either at public or private sale, and for such price, as it may
610	determine to be for the best interests of the District.
611	(2) The proceeds of the sale of any such bonds shall be
612	used to finance or refinance all or part of the costs of the
613	construction or acquisition of additions, extensions, and
614	improvements of any water system, wastewater reuse system, or
615	wastewater system or any combination thereof, to fund reserves
616	and renewal and replacement funds and to pay the costs of
617	issuing such bonds. The funds derived from the sale of the bonds
618	shall be disbursed in such manner and under such restrictions as
619	the board may provide in the authorizing resolution. Revenue
620	bonds may be issued under the provisions of this act without any
621	other proceeding or happening of any other condition or thing
622	than those proceedings, conditions, or things which are
623	specifically required by this act and by general law.
624	(3) A resolution providing for the issuance of revenue
625	bonds may also contain such limitations upon the issuance of
626	additional revenue bonds secured on a parity with the bonds
627	theretofore issued, as the board may deem proper, and such
628	additional bonds shall be issued under such restrictions and
629	limitations as may be prescribed by such authorizing resolution.
630	(4) Revenue bonds may be issued under the provisions of
631	this act without regard to any limitations or indebtedness
632	prescribed by law.
633	(5) Revenue bonds issued under the provisions of this act
634	shall not constitute a general obligation debt of the District
635	within the meaning of any constitutional or statutory debt
636	limitation, but such bonds shall be payable solely from the
637	revenues and/or non-ad valorem assessments, if any, pledged
638	therefor, and that the full faith and credit of the district is
639	not pledged to the payment of the principal of or interest on
640	such bonds.
641	(6) In connection with the sale and issuance of bonds, the
642	district may enter into any contracts which the Board determines
643	to be necessary or appropriate to achieve a desirable effective
644	interest rate in connection with the bonds by means of, but not
645	limited to, contracts commonly known as investment contracts,
646	funding agreements, interest rate swap agreements, currency swap
647	agreements, forward payment conversion agreements, futures, or
648	contracts providing for payments based on levels of or changes
649	in interest rates, or contracts to exchange cash flows or a
650	series of payments, or contracts, including, without limitation,
651	options, puts, or calls to hedge payment, rate, spread, or
652	similar exposure. Such contracts or arrangements may also be
653	entered into by the District in connection with, or incidental
654	to, entering into any agreement which secures bonds or provides
655	liquidity therefor. Such contracts and arrangements shall be
656	made upon the terms and conditions established by the Board,
657	after giving due consideration for the credit worthiness of the
658	counter parties, where applicable, including any rating by a
659	nationally recognized rating service or any other criteria as
660	may be appropriate.
661	(7) In connection with the sale and issuance of the bonds,
662	or entering into any of the contracts or arrangements referred
663	to in the paragraph above, the district may enter into such
664	credit enhancement or liquidity agreements, with such payment,
665	interest rate, security, default, remedy, and any other terms
666	and conditions as the board shall determine.
667	(8) Notwithstanding any provisions of state law relating
668	to the investment or reinvestment of surplus funds of any
669	governmental unit, proceeds of the bonds and any money set aside
670	or pledged to secure payment of the principal of, premium, if
671	any, and interest on the bonds, or any of the contracts entered
672	into pursuant to this section, may be invested in securities or
673	obligations described in the resolution providing for the
674	issuance of bonds.
675	Section 6. (1) The Board shall, by resolution prior to
676	the issuance of any revenue bonds, fix the initial schedule of
677	rates, fees, or other charges for the use of and the services
678	and facilities to be furnished by any such water system,
679	wastewater reuse system, or wastewater system, or any
680	combination thereof, to be paid by the owner, tenant, or
681	occupant of each lot or parcel of land which may be connected
682	with or used by any such system or systems, of the district.
683	After the system or systems have been in operation the District
684	board may revise the schedule of rates, fees, and charges from
685	time to time. However, such rates, fees, and charges shall be so
686	fixed and revised so as to provide sums which, with other funds
687	for such purposes, shall be sufficient at all times to pay:
688	A. The principal of and interest on revenue bonds as the
689	same shall become due and reserves therefor.
690	B. The expenses of maintaining and repairing such systems,
691	including reserves for such purposes and for capital
692	replacements, depreciation, and necessary extensions or
693	improvements and administrative expenses.
694	C. Any other payments required by the resolution
695	authorizing the issuance of such revenue bonds.
696	(2) Such rates, fees, and charges shall be just and
697	equitable and uniform for users of the same class and, where
698	appropriate, may be based or computed either upon the quantity
699	of water or wastewater consumed or produced, the number and size
700	of wastewater connections, or the number and kind of plumbing
701	fixtures in use in the premises or upon the number or average
702	number of persons residing or working in or otherwise using the
703	facilities of such system or upon any other factor affecting the
704	use of the facilities or services furnished or upon any
705	combination of the foregoing factors as may be determined by the
706	Board on any other equitable basis. All rates, fees, and charges
707	established pursuant to this act shall be set in accordance with
708	the total cost of service which is required to provide service
709	to the customers. The water system, wastewater reuse system, and
710	wastewater system shall be accounted for as separate and as
711	distinct systems. However, the District shall set rates
712	consistent with the guidelines adopted by the American Water
713	Works Association, for government-owned utilities. The district
714	may, by resolution, consolidate any one or more systems provided
715	such consolidation shall not impair the rights of any existing
716	bondholders of the district.
717	(3) No rates, fees, or charges shall be fixed under the
718	foregoing provisions of this section until a public hearing at
719	which all the users of the proposed system, or owners, tenants,
720	or occupants served or to be served thereby and all others
721	interested shall have an opportunity to be heard concerning the
722	proposed rates, fees, and charges. After the initial adoption by
723	the Board of the resolution setting forth the preliminary
724	schedule or schedules fixing and classifying such rates, fees,
725	and charges, notice of such public hearing setting forth the
726	proposed schedule or schedules of rates, fees, and charges shall
727	be given by one publication in a newspaper published in
728	Charlotte County and in a newspaper published in Sarasota County
729	and such notice shall also be posted in five public places in
730	the district, at least 10 days prior to the date of such
731	hearing, which may be adjourned from time to time. After such
732	hearing such preliminary schedule or schedules, either as
733	initially adopted, or as modified or amended, may be finally
734	adopted. A copy of the schedule or schedules of such rates,
735	fees, or charges finally fixed in such resolution shall be kept
736	on file in the office of the District and shall be open at all
737	times to public inspection. The rates, fees, or charges so fixed
738	for any class of users or property served shall be extended to
739	cover any additional properties thereafter served which shall
740	fall in the same class, without the necessity of any hearing or
741	notice. Any change or revision of such rates, fees, or charges
742	may be made in the same manner as such rates, fees, or charges
743	were originally established as provided herein; provided that if
744	such changes or revisions be made substantially pro rata as to
745	all classes of service no hearing or notice shall be required.
746	Section 7. In addition to the other provisions and
747	requirements of this act any resolution authorizing the issuance
748	of bonds may contain any other provisions deemed necessary or in
749	the best interest of the District and the Board is authorized to
750	provide and may covenant and agree with the several holders of
751	such bonds to include, but without limitation as to any other
752	provisions, any of the following:
753	(1) As to a reasonable deposit with the District in
754	advance, to ensure the payment of rates, fees, or charges for
755	the facilities of the system or systems.
756	(2) May, in keeping with its rules and regulations,
757	disconnect any premises from the water system, wastewater reuse
758	system, or wastewater system if any such rates, fees, or charges
759	are delinquent for a period of 30 days or more.
760	(3) The assumption of payment or discharge of any
761	indebtedness, lien, or other claim relating to any part of any
762	such system or any combination thereof, or any other obligations
763	having or which may have a lien on any part of any such system
764	or systems.
765	(4) Limitations on the powers of the District to
766	construct, acquire, or operate, or permit the construction,
767	acquisition or operation of any plants, structures, facilities,
768	or properties which may compete or tend to compete with any
769	other system of the District.
770	(5) The manner and method of paying service charges and
771	fees and the levying of penalties for delinquent payments.
772	(6) The manner and order of priority of the disposition of
773	revenues or redemption of any bonds.
774	(7) Terms and conditions for modification or amendment of
775	any provisions or covenants in any such bond resolution
776	authorizing the issuance of such bonds.
777	(8) Provisions and limitations on the appointment of a
778	trustee, paying agent, registrar, or escrow agent for
779	bondholders.
780	(9) Provisions as to the appointment of a receiver of any
781	system on default of principal or interest on any such bonds or
782	the breach of any covenant or condition of such authorizing
783	resolution or the provisions and requirements of this act.
784	(10) Provisions as to the execution and entering into of
785	trust agreements, if deemed necessary by the board, regarding
786	the disposition of revenues or bond proceeds for the payment of
787	the cost of the acquisition and construction of the system or
788	any part thereof, or for any other purposes necessary to secure
789	any such revenue bonds.
790	(11) Provisions as to the maintenance of any such system
791	or systems and reasonable insurance thereof.
792	(12) Any other matters necessary to secure such bonds and
793	the payment of the principal and interest thereof. All such
794	provisions of the bond resolution and all such covenants and
795	agreements in addition to the other provisions and requirements
796	of this act shall constitute valid and legally binding contracts
797	between the District and several holders of any such bonds
798	regardless of the time of issuance of such bonds, and shall be
799	enforceable by any such holder or holders by mandamus or other
800	appropriate action, suit, or proceeding in law or in equity in
801	any court of competent jurisdiction.
802	Section 8. (1) When the fees, rates, or charges for the
803	services and facilities of any system are not paid when due and
804	are in default for 10 days or more, following written notice to
805	such delinquent customer, the District may discontinue and shut
806	off the supply of the services and facilities of such systems,
807	to the person, firm, corporation, or other body, public or
808	private, so supplied with such services or facilities, until
809	such fees, rates, or charges, including interest, penalties, and
810	charges for the shutting off and discontinuance or the
811	restoration of such services or facilities are fully paid. Such
812	delinquent fees, rates, or charges, together with interest,
813	penalties, and charges for the shutting off and discontinuance
814	or the restoration of such services or facilities, and
815	reasonable attorney’s fees, costs and other expenses, may be
816	recovered by the board in a court of competent jurisdiction.
817	(2) In the event that the fees, rates, or charges for the
818	services and the facilities of any system shall not be paid as
819	and when due, the unpaid balance thereof and all interest
820	accruing thereon shall, to the extent permitted by law, be a
821	lien on any parcel or property affected thereby. Such liens
822	shall be superior and paramount to the interest on such parcel
823	or property of any owner, lessee, tenant, mortgagee, or other
824	person except the lien of county or district taxes and shall be
825	on a parity with the lien of any such county or district taxes.
826	In the event that any such service charge shall not be paid as
827	and when due and shall be in default for 30 days or more the
828	unpaid balance thereof and all interest accrued or penalties
829	thereon, together with attorney’s fees and costs, may be
830	recovered by the District in a civil action, and any such lien
831	and accrued interest and penalties may be foreclosed or
832	otherwise enforced by the District by action or suit in equity
833	as for the foreclosure of a mortgage on real property in the
834	manner provided by general law.
835	Section 9. (1) The District may provide for the levy of
836	non-ad valorem assessments under this act on the lands and real
837	estate benefited by the construction of any system, or
838	extensions or improvements thereof, or any part thereof. Non-ad
839	valorem assessments may be levied only on benefited real
840	property at a rate of assessment based on the special benefit
841	accruing to such property from such improvements. The District
842	may use any assessment apportionment methodology that meets the
843	"fair apportionment" standards.
844	(2) The Board may determine to make any improvements
845	authorized by this act and defray the whole or any part of the
846	expense thereof by non-ad valorem assessments. The Board shall
847	so declare by resolution stating the nature of the proposed
848	improvement, designating the location of wastewater facilities,
849	the location of water mains, water laterals, and other water
850	distribution facilities, or the location of the wastewater reuse
851	facilities, and the part or portion of the expense thereof to be
852	paid by non-ad valorem assessments, the manner in which said
853	assessments shall be made, when said assessments are to be paid,
854	and what part, if any, shall be apportioned to be paid from the
855	general funds of the District. Said resolution shall also
856	designate the lands upon which the non-ad valorem assessments
857	shall be levied, and in describing said lands it shall be
858	sufficient to describe them as "all lots and lands adjoining and
859	contiguous or bounding and abutting upon such improvements or
860	specially benefited thereby and further designated by the
861	assessment plat hereinafter provided for." Such resolution shall
862	also state the total estimated cost of the improvement. Such
863	estimated cost may include the cost of construction or
864	reconstruction, the cost of all labor and materials, the cost of
865	all lands, property, rights, easements, and franchises acquired,
866	financing charges, interest prior to and during construction and
867	for 1 year after completion of construction, discount on the
868	sale of assessment bonds, cost of plans and specifications,
869	surveys of estimates of costs and of revenues, cost of
870	engineering and legal services, and all other expenses necessary
871	or incident to determining the feasibility or practicability of
872	such construction or reconstruction, administrative expense, and
873	such other expense may be necessary or incident to the financing
874	herein authorized.
875	(3) At the time of the adoption of the resolution provided
876	for in subsection (2), there shall be on file at the District’s
877	offices, an assessment plat showing the area to be assessed,
878	with plans and specifications, and an estimate of the cost of
879	the proposed improvement, which assessment plat, plans, and
880	specifications and estimate shall be open to the inspection of
881	the public.
882	(4) Upon adoption of the resolution provided for in
883	subsection (2), or completion of the preliminary assessment roll
884	provided for in subsection (5), whichever is later, the vice
885	chair of the Board shall publish notice of the resolution once
886	in a newspaper published in the Counties of Charlotte and
887	Sarasota. The notice shall state in brief and general terms a
888	description of the proposed improvements with the location
889	thereof, and that the plans, specifications, and estimates are
890	available to the public at the district’s offices. The notice
891	shall also state the date and time of the hearing to hear
892	objections provided for in subsection (7), which hearing shall
893	be no earlier than 15 days after publication of said notice.
894	Such publication shall be verified by the affidavit of the
895	publisher and filed with the secretary to the Board.
896	(5) Upon the adoption of the resolution provided for in
897	subsection (2), the Board shall cause to be made a preliminary
898	assessment roll in accordance with the method of assessment
899	provided for in said resolution, said assessment roll shall show
900	the lots and lands assessed and the amount of the benefit to and
901	the assessment against each lot or parcel of land, and, if said
902	assessment is to be paid in installments, the number of annual
903	installments in which the assessment is divided shall also be
904	entered and shown upon said assessment roll.
905	(6) Upon the completion of said preliminary assessment
906	roll, the Board shall by resolution fix a time and place at
907	which the owners of the property to be assessed or any other
908	persons interested therein may appear before said Board and be
909	heard as to the propriety and advisability of making such
910	improvements, as to the cost thereof, as to the manner of
911	payment therefor, and as to the amount thereof to be assessed
912	against each property so improved. Ten days’ notice in writing
913	of such time and place shall be given to such property owners.
914	The notice shall include the amount of the assessment and shall
915	be served by mailing a copy by first class mail to each of such
916	property owners at his or her last known address, the names and
917	addresses of such property owners to be obtained from the
918	records of the property appraiser, proof of such mailing to be
919	made by the affidavit of the secretary to the Board, or by the
920	engineer.
921	(7) At the time and place named in the notice provided for
922	in subsection (4), the Board shall meet and hear testimony from
923	affected property owners as to the propriety and advisability of
924	making the improvements and funding them with non-ad valorem
925	assessments on property. Following the testimony, the Board
926	shall make a final decision on whether to levy the non-ad
927	valorem assessments, adjusting assessments as may be warranted
928	by information received at or prior to the hearing. If any
929	property which may be chargeable under this section shall have
930	been omitted from the preliminary roll or if the prima facie
931	assessment shall not have been made against it, the Board may
932	place on such roll an apportionment to such property. The owners
933	of any property so added to the assessment roll shall be mailed
934	a copy of the notice provided for in subsection (6), by first
935	class mail and granted 15 days from such date of mailing to file
936	any objections with the Board. When so approved by resolution of
937	the Board, a final assessment roll shall be filed with the vice
938	chair of the Board, and such assessments shall stand confirmed
939	and remain legal, valid, and binding first liens upon the
940	property against which such assessments are made until paid. The
941	assessment so made shall be final and conclusive as to each lot
942	or parcel assessed unless proper steps be taken within 30 days
943	of the filing of the final assessment roll in a court of
944	competent jurisdiction to secure relief. If the assessment
945	against any property shall be sustained or reduced or abated by
946	the court, the vice chair shall note that fact on the assessment
947	roll opposite the description of the property affected thereby
948	and notify the county property appraiser and the tax collector
949	in writing. The amount of the non-ad valorem assessment against
950	any lot or parcel which may be abated by the court, unless the
951	assessment upon the entire District be abated, or the amount by
952	which such assessment is so reduced, may by resolution of the
953	Board be made chargeable against the District at large, or, at
954	the discretion of the Board, a new assessment roll may be
955	prepared and confirmed in the manner hereinabove provided for
956	the preparation and confirmation of the original assessment
957	roll. The Board may by resolution grant a discount equal to all
958	or a part of the payee’s proportionate share of the cost of the
959	project consisting of bond financing costs, such as capitalized
960	interest, funded reserves, and bond discount included in the
961	estimated cost of the project, upon payment in full of any
962	assessment during such period prior to the time such financing
963	costs are incurred as may be specified by the board.
964	(8) The non-ad valorem assessments shall be payable at the
965	time and in the manner stipulated in the resolution providing
966	for the improvement; shall remain liens, coequal with the lien
967	of all state, county, district, and municipal taxes, superior in
968	dignity to all other liens, titles, and claims, until paid;
969	shall bear interest, at a rate not to exceed the percentage
970	authorized by section 170.09, Florida Statutes, for municipal
971	special assessments or, if bonds are issued pursuant to this
972	chapter, at a rate not to exceed 1 percent above the rate of
973	interest at which the bonds authorized pursuant to this act and
974	used for the improvement are sold, from the date of the
975	acceptance of the improvement; and may, by the resolution
976	aforesaid and only for capital outlay projects, be made payable
977	in equal installments over a period not to exceed 20 years, to
978	which, if not paid when due, there shall be added a penalty at
979	the rate of 1 percent per month, until paid. However, the
980	assessments may be paid without interest at any time within 30
981	days after the improvement is completed and a resolution
982	accepting the same has been adopted by the Board.
983	(9) The non-ad valorem assessments approved by the Board
984	may be levied, assessed, and collected pursuant to section
985	197.3632, Florida Statutes. The collection and enforcement of
986	the non-ad valorem assessment levied by the district shall be at
987	the same time and in like manner as county taxes.
988	(10) All assessments shall constitute a lien upon the
989	property so assessed from the date of confirmation of the
990	resolution ordering the improvement of the same nature and to
991	the same extent as the lien for general county, municipal, or
992	district taxes falling due in the same year or years in which
993	such assessments or installments thereof fall due, and any
994	assessment or installment not paid when due shall be collected
995	with such interest and with a reasonable attorney’s fee and
996	costs, but without penalties, by the District by proceedings in
997	a court of equity to foreclose the lien of assessment as a lien
998	for mortgages is or may be foreclosed under the laws of the
999	state; provided that any such proceedings to foreclose shall
1000	embrace all installments of principal remaining unpaid with
1001	accrued interest thereon, which installments shall, by virtue of
1002	the institution of such proceedings immediately become due and
1003	payable. Nevertheless, if, prior to any sale of the property
1004	under decree of foreclosure in such proceedings, payment be made
1005	of the installment or installments which are shown to be due
1006	under the provisions of the resolution passed pursuant to this
1007	section, and all costs including attorney’s fees, such payment
1008	shall have the effect of restoring the remaining installments to
1009	their original maturities and the proceedings shall be
1010	dismissed. It shall be the duty of the District to enforce the
1011	prompt collection of assessments by the means herein provided,
1012	and such duty may be enforced at the suit of any holder of bonds
1013	issued under this act in a court of competent jurisdiction by
1014	mandamus or other appropriate proceedings or action. Not later
1015	than 30 days after the annual installments are due and payable,
1016	it shall be the duty of the board to direct the attorney or
1017	attorneys whom the board shall then designate, to institute
1018	actions within 3 months after such direction to enforce the
1019	collection of all non-ad valorem assessments for improvements
1020	made under this section and remaining due and unpaid at the time
1021	of such direction. Such action shall be prosecuted in the manner
1022	and under the conditions in and under which mortgages are
1023	foreclosed under the laws of the state. It shall be lawful to
1024	join in one action the collection of assessments against any or
1025	all property assessed by virtue of the same assessment roll
1026	unless the court shall deem such joiner prejudicial to the
1027	interest of any defendant. The court shall allow reasonable
1028	attorney’s fees for the attorney or attorneys of the district,
1029	and the same shall be collectible as a part of or in addition to
1030	the costs of the action. At the sale pursuant to decree in any
1031	such action, the District may be a purchaser to the same extent
1032	as an individual person or corporation, except that the part of
1033	the purchase price represented by the assessments sued upon and
1034	the interest thereon need not be paid in cash. Property so
1035	acquired by the District may be sold or otherwise disposed of,
1036	the proceeds of such disposition to be placed in the fund
1037	provided by subsection (11). However, no sale or other
1038	disposition thereof shall be made unless the notice calling for
1039	bids therefor to be received at a stated time and place shall
1040	have been published in a newspaper of general circulation in the
1041	District once in each of 4 successive weeks prior to such
1042	disposition.
1043	(11) All assessments and charges made under the provisions
1044	of this section for the payment of all or any part of the cost
1045	of any improvements for which assessment bonds shall have been
1046	issued under the provisions of this act are hereby pledged to
1047	the payment of the principal of and the interest on such
1048	assessment bonds and shall, when collected, be placed in a
1049	separate fund, properly designated, which fund shall be used for
1050	no other purpose than the payment of such principal and
1051	interest.
1052	(12) The counties in which the District is located and
1053	each school district and other political subdivision wholly or
1054	partly within the District shall be subject to the same duties
1055	and liabilities in respect of assessment under this section
1056	affecting the real estate of such counties, school districts, or
1057	other political subdivisions which private owners of real estate
1058	are subject to hereunder, and such real estate of any such
1059	counties, school districts, and political subdivision shall be
1060	subject to liens for said assessments in all cases where the
1061	same property would be subject had it at the time the lien
1062	attached been owned by a private owner, except that no such lien
1063	may be foreclosed unless and until said real estate is conveyed
1064	to a person or entity which is not a political subdivision.
1065	Section 10. The Board shall cause to be made at least once
1066	each year a comprehensive report of its water system, wastewater
1067	reuse system, and wastewater system including all matters
1068	relating to rates, revenues, expenses of maintenance, repair,
1069	and operation and renewals and capital replacements, principal
1070	and interest requirements, and the status of all funds and
1071	accounts. Copies of such general report shall be filed with the
1072	vice chair and shall be open to public inspection.
1073	Section 11. Any holder of bonds issued under the
1074	provisions of this act, or of any of the coupons appertaining
1075	thereto, except as to the extent that the rights herein granted
1076	may be restricted by the resolution authorizing the issuance of
1077	such bonds, may, either at law or in equity, by suit, mandamus
1078	or other proceeding, protect and enforce any and all rights
1079	under the laws of the state or granted hereunder or under such
1080	resolutions, and may enforce and compel the performance of all
1081	duties required by this act and by such resolutions to be
1082	performed by the District or by the board or by any officer or
1083	officers or employees thereof, including the fixing and charging
1084	and collecting of rates, fees, and charges for the services and
1085	facilities furnished by the water system, wastewater reuse
1086	system, or wastewater system and the due and proper collection
1087	of any non-ad valorem assessments pledged therefor.
1088	Section 12. (1) As the exercise of the powers conferred
1089	by this act constitutes the performance of essential public
1090	functions and as the systems constructed under the provisions of
1091	this act constitute public property used for public purposes,
1092	such District and the property thereof, including all revenues,
1093	moneys, or other assets of any type or character, shall not be
1094	subject to taxation by the state or any political subdivision,
1095	agency, instrumentality, or municipality thereof, and it is
1096	hereby expressly found, determined, and declared that all of the
1097	lands and real estate in said District will be benefited by the
1098	construction or acquisition of the systems, and additions,
1099	extensions, and improvements thereto, provided for in this act.
1100	(2) All bonds or other obligations issued under this act
1101	shall be exempt from all taxation by the state or any county,
1102	municipality, or political subdivision thereof; however, the
1103	exemption does not apply to any tax imposed by chapter 220,
1104	Florida Statutes, on interest, income, or profits; however, the
1105	exemption does not apply to any tax imposed by chapter 220,
1106	Florida Statutes, on interest, income, or profits on debt
1107	obligations owned by corporations. Such bonds or other
1108	obligations shall be and constitute securities eligible for
1109	deposit as collateral to secure any state, county, municipal, or
1110	other public funds, and shall also be and constitute legal
1111	investments for any banks, savings banks, trust funds,
1112	executors, administrators, state, county, municipal, or other
1113	public funds, or any other fiduciary funds.
1114	Section 13. In any case where the character or condition
1115	of the sewage from or originating in any manufacturing or
1116	industrial plant or building or premises is such that it imposes
1117	an unreasonable burden upon the wastewater system, an additional
1118	charge may be made therefor or the Board may, if it deems it
1119	advisable, compel such manufacturing or industrial plant,
1120	building, or premises to treat such wastewater in such manner as
1121	shall be specified by the Board before discharging such
1122	wastewater into any wastewater lines owned, maintained, or
1123	operated by the District.
1124	Section 14. The District is authorized to enter into any
1125	agreement for the delivery of any revenue bonds, assessment
1126	bonds, or any combination thereof, at one time or from time to
1127	time as full or partial payment for any work done by any
1128	contractor who may have been awarded a contract for the
1129	construction of all or any part of any system. However, any such
1130	bonds so delivered for payment of services shall have been
1131	authorized and issued pursuant to the provisions of this act and
1132	shall otherwise conform to the provisions thereof.
1133	Section 15. (1) All contracts for the purchase of
1134	commodities or contractual services in excess of $25,000 let,
1135	awarded, or entered into by the District for the construction,
1136	reconstruction, or addition to any system shall be publicly
1137	advertised and bid. The Board shall adopt procedures for public
1138	advertisement and call for sealed bids; which procedures may
1139	vary the frequency and length of publication based on the amount
1140	of the procurement.
1141	(2) Such advertisement for bids, in addition to the other
1142	necessary and pertinent matter, shall state in general terms the
1143	nature and description of the improvement or improvements to be
1144	undertaken and shall state that detailed plans and
1145	specifications for such work are on file in the office of the
1146	vice chair or will be mailed upon request to interested parties.
1147	The award shall be made to the responsible and competent bidder
1148	or bidders who shall offer to undertake the improvements at the
1149	lowest cost to the District and such bidder or bidders shall be
1150	required to file bond for the full and faithful performance of
1151	such work and the execution of any such contract in such amount
1152	as the Board shall determine. No criteria may be used in
1153	determining the acceptability of the bid that was not set forth
1154	in the invitation to bid. The contract shall be awarded with
1155	reasonable promptness by written notice to the qualified and
1156	responsive bidder who submits the lowest responsive bid.
1157	(3) When the Board determines that the use of competitive
1158	sealed bidding is not practicable, commodities or contractual
1159	services shall be procured by competitive sealed proposals. A
1160	request for proposals which includes a statement of the
1161	commodities or contractual services sought and all contractual
1162	terms and conditions applicable to the procurement, including
1163	the criteria, which shall include, but not be limited to, price,
1164	to be used in determining acceptability of the proposal shall be
1165	issued. To ensure full understanding of and responsiveness to
1166	the solicitation requirement, discussions may be conducted with
1167	qualified offerors. The offerors shall be accorded fair and
1168	equal treatment prior to the submittal dates specified in the
1169	request for proposals with respect to any opportunity for
1170	discussion and revision of proposals. The award shall be made to
1171	the responsible offeror whose proposal is determined in writing
1172	to be the most advantageous to the District, taking into
1173	consideration the price and the other criteria set forth in the
1174	request for proposals.
1175	(4) If the chair of the Board, or his or her designee,
1176	determines in writing that an immediate danger to the public
1177	health, safety, or welfare or other substantial loss to the
1178	District requires emergency action, the provisions of this
1179	section requiring competitive bidding or proposals shall be
1180	waived. After the chair or his or her designee makes such a
1181	written determination, the District may proceed with the
1182	procurement of commodities or contractual services necessitated
1183	by the immediate danger, without competition. However, such
1184	emergency procurement shall be made with such competition as is
1185	practicable under the circumstances. Commodities or contractual
1186	services available only from a single source may be excepted
1187	from the bid requirements if it is determined that such
1188	commodities or services are available only from a single source
1189	and such determination is documented and approved by the Board.
1190	Nothing in this section shall be deemed to prevent the district
1191	from hiring or retaining such consulting engineers, or other
1192	professionals or other technicians as it shall determine, in its
1193	discretion, consistent with the requirements of section 287.055,
1194	Florida Statutes, or for undertaking any construction work with
1195	its own resources and without any such public advertisement.
1196	Section 16. The same rates, fees, charges, and non-ad
1197	valorem assessments shall be fixed, levied, and collected on the
1198	property, officers, and employees of the counties, or any school
1199	district, or other political subdivision included within the
1200	District, as are fixed, levied, and collected on all other
1201	properties or persons in the District as provided in this act.
1202	Section 17. Any county, municipality, or other political
1203	subdivision is authorized to sell, lease, grant, or convey any
1204	real or personal property to the district and any such sale,
1205	grant, lease, or conveyance may be made without formal
1206	consideration. The district is authorized to classify as surplus
1207	any of its property and dispose of such property consistent with
1208	the provisions of sections 274.05 and 274.06, Florida Statutes.
1209	Section 18. No system or portion thereof shall be
1210	constructed within the District unless the Board shall give its
1211	consent thereto and approve the plans and specifications
1212	therefor; subject, however, to the terms and provisions of any
1213	resolution authorizing any bonds and agreements with
1214	bondholders.
1215	Section 19. The Board shall have no power to mortgage,
1216	pledge, encumber, sell, or otherwise convey all or any part of
1217	its systems except as otherwise provided in this act, and except
1218	that the Board may dispose of any part of such system or systems
1219	as may be no longer necessary for the purposes of the District.
1220	The provisions of this section shall be deemed to constitute a
1221	contract with all bondholders. All District property shall be
1222	exempt from levy and sale by virtue of an execution and no
1223	execution or other judicial process shall issue against such
1224	property nor shall any judgment against the District be a charge
1225	or lien on its property; provided that nothing herein contained
1226	shall apply to or limit the rights of bondholders to pursue any
1227	remedy for the enforcement of any lien or pledge given by the
1228	district on revenues derived from the operation of any system.
1229	Section 20. The state does hereby pledge to and covenant
1230	and agree with the holders of any bonds issued pursuant to this
1231	act that the state will not limit or alter the rights hereby
1232	vested in the District to acquire, construct, maintain,
1233	reconstruct, and operate its systems and to fix, establish,
1234	charge, and collect its service charges therefor, and to fulfill
1235	the terms of any agreement made with the holders of such bonds
1236	or other obligations, and will not in any way impair the rights
1237	or remedies of such holders, until the bonds, together with
1238	interest thereon, with interest on any unpaid installments of
1239	interest, and all costs and expenses in connection with any
1240	action or proceeding by or on behalf of such holders, are fully
1241	met and discharged.
1242	Section 21. The provisions of this act shall be deemed to
1243	constitute a contract with the holders of any bonds issued
1244	hereunder and shall be liberally construed to effect its
1245	purposes and shall be deemed cumulative and supplemental to all
1246	other laws.
1247	Section 22. If any section or provision of this act is
1248	held to be invalid or inoperative, then the same shall be deemed
1249	severable from and shall not affect the validity of any of the
1250	other provisions hereof.
1251	Section 23. The District may assume the operation of any
1252	system which substantially fails to meet its financial
1253	responsibilities or operating standards pursuant to this act or
1254	other laws and regulations of the state, if the Board determines
1255	that such action is in the public interest and the system owner
1256	conveys ownership to the District.
1257	Section 24. The Board may lease or license the use of any
1258	real or personal property of the District upon such terms,
1259	conditions, and for such consideration as the Board deems
1260	appropriate. However, no such lease or license shall be for a
1261	period exceeding 20 years in duration, unless renewed, and
1262	provided that the lease or license shall be restricted to permit
1263	the grantee to use such property during the term of the lease or
1264	license only for civic or public purposes or purposes not in
1265	conflict with this act or general law.
1266	Section 25. The District may, in addition to other
1267	provisions of this act providing for the accrual of interest,
1268	assess an interest charge on contractual obligations owed the
1269	District. Such interest shall accrue at an annual percentage
1270	rate as provided in chapter 687, Florida Statutes, or as
1271	otherwise provided by contract. Such accrued interest charges,
1272	if payment thereof becomes delinquent, may be recovered in the
1273	same manner as provided in this act for other delinquent rates,
1274	fees, charges, or penalties.
1275	Section 26. The members of the Board of Supervisors shall
1276	be subject to recall as provided by general law for elected
1277	officers of municipalities.
1278	Section 27. Any person who shall steal or damage District
1279	property, or tamper with or alter District property or threaten
1280	or cause actual harm to public health shall be guilty of a
1281	criminal offense and misdemeanor within the meaning of section
1282	775.08, Florida Statutes, unless such offense is of a higher
1283	degree in general law, and shall be punishable as provided by
1284	law.
1285	Section 28. All contracts, obligations, rules,
1286	regulations, or policies of any nature existing on the date of
1287	enactment of this act shall remain in full force and effect and
1288	this act shall in no way affect the validity of such contracts,
1289	obligations, rules, regulations, or policies.
1290	Section 29. This act shall not affect the terms of office
1291	of the present District Board, nor shall it affect the terms and
1292	conditions of employment of any employees of the District.
1293	Section 4. Chapter 96-499, Laws of Florida, is repealed.
1294	Section 5. It is declared to be the intent of the
1295	Legislature that if any section, subsection, sentence, clause,
1296	phrase, or portion of this act is, for any reason, held invalid
1297	or unconstitutional by a court of competent jurisdiction, such
1298	portion shall be deemed to be a separate, distinct, and
1299	independent provision and such holdings shall not affect the
1300	validity of the remaining portions of this act.
1301	Section 6. This act shall be construed as a remedial act
1302	and the provisions of this act shall be liberally construed in
1303	order to effectively carry out the purpose of this act in the
1304	interest of the public health, welfare, and safety of the
1305	citizens served by the District.
1306	Section 7. This act shall take effect upon becoming a law.
1307
1308