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