HB 0897 2003
1	CHAMBER ACTION
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6	The Committee on Local Government & Veterans' Affairs recommends
7	the following:
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9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to the Homosassa Special Water District in
13	Citrus County; codifying, reenacting, amending, and
14	repealing special acts related to the District; creating a
15	District charter; creating an independent special
16	district; providing a District boundary; providing powers,
17	functions, and duties of the District; providing for
18	amendment of the charter; providing for the District
19	purpose; providing for financial disclosure, meeting
20	notices, reporting, public records maintenance, and per
21	diem expenses; providing District powers, functions, and
22	duties; providing for a District governing board;
23	providing for a chair and secretary-treasurer; providing
24	for general obligation bonds; providing for revenue bonds;
25	providing for refunding bonds; providing for levy of ad
26	valorem taxes; providing for payment of bonds; providing
27	for authority to levy and collect tax on real and personal
28	property for administrative costs, expenditure generally;
29	providing for construction costs; providing for special
30	assessments for construction, reconstruction, repair, or
31	maintenance of improvements; providing for exemption from
32	taxes and assessments; providing for liberal construction;
33	providing for severability; providing an effective date.
34
35	Be It Enacted by the Legislature of the State of Florida:
36
37	Section 1. Pursuant to section 189.429, Florida Statutes,
38	this act constitutes the codification of all special acts
39	relating to the Homosassa Special Water District, (“District”).
40	It is the intent of the Legislature in enacting this law to
41	provide a single, comprehensive special act charter for the
42	District, including all current legislative authority granted to
43	the District by its several legislative enactments and any
44	additional authority granted by this act and chapter 189,
45	Florida Statutes, as the same may be amended from time to time.
46	It is further the intent of this act to preserve all District
47	authority.
48	Section 2. Chapters 24429 (1947), 25726 (1949), 59-1177,
49	63-1222, 70-630, 73-431, 76-346, 76-347, 77-528, 79-440, 80-475,
50	80-476, 81-360, 82-279, 83-386, 84-410, 85-399, 86-456, 88-463,
51	88-484, 88-533, 89-436, 89-464, 89-499, 90-418, 90-419, 92-241,
52	92-337, and 96-525, Laws of Florida, relating to the Homosassa
53	Special Water District, are codified, reenacted, and repealed as
54	provided in this act.
55	Section 3. The charter of the Homosassa Special Water
56	District is re-created and reenacted to read:
57	Section 1. Creation, jurisdiction, and purpose.--
58	(1) The District is hereby created and incorporated as an
59	independent special district, pursuant to chapter 189, Florida
60	Statutes, to be known as the Homosassa Special Water District,
61	in Citrus County, which special district shall be a public body
62	corporate and politic.
63	(2) District boundaries shall embrace and include the
64	territory consisting of the following:
65	All of Sections 25, 26, 27, 28, 33, 34, 35 and 36 in
66	Township 19 South, Range 16 East; all of Sections 15,
67	20, 21, 22, 27, 28, 29, 30, 31, 32 and 33 in Township
68	19 South, Range 17 East; all of Sections 2, 3, 4 and
69	11 in Township 20 South, Range 16 East; and all of
70	Sections 4, 5, 6, 7, 8 and 9 in Township 20 South,
71	Range 17 East; LESS AND EXCEPT that certain
72	subdivision known as Spring Gardens as recorded in
73	Plat Book 11, Page 98, Public Records of Citrus
74	County, Florida; AND Block 169, Unit No. 4 of
75	Homosassa, as recorded in Plat Book 1, Page 46, Public
76	Records of Citrus County, Florida; AND that part of
77	the NW ¼ of the NW ¼ of Section 29, Township 19
78	South, Range 18 East, that lies South of the Southerly
79	right-of-way line of Grover Cleveland Boulevard, LESS
80	AND EXCEPT those portions described in the following
81	deeds: Warranty Deed dated August 29th, 1977, filed
82	August 30, 1977, and recorded in O.R. Book 474, page
83	285, public records of Citrus County, Florida;
84	Warranty Deed dated April 27, 1979, filed May 1, 1979,
85	and recorded in O.R. Book 536, page 862, public
86	records of Citrus County, Florida; Warranty Deed dated
87	June 16, 1980, filed December 3, 1980, and recorded in
88	O.R. Book 567, page 1144, public records of Citrus
89	County, Florida; AND all that part of Unit No. 2, of
90	Homosassa, Florida, according to the map or plat
91	thereof recorded in Plat Book 1, Page 44, public
92	records of Citrus County, Florida, lying North and
93	West of State Road 490 and South of the County Road
94	known as Spring Cove Road, LESS AND EXCEPT the tract
95	of land as described in Deed from River Gulf Co.,
96	Inc., to A.R. Walker and Martha L. Walker, his wife,
97	dated July 3, 1967, and recorded in O.R. Book 217,
98	Page 367, public records of Citrus County, Florida;
99	AND a parcel of land described as: Begin at the S.W.
100	corner of Unit No. 2 of Homosassa, as recorded in Plat
101	Book 1, Page 44, public records of Citrus County,
102	Florida, thence N 0°22’53” W along the West line of
103	Unit No. 2 of Homosassa a distance of 599.89 ft. to
104	the South right-of-way line of a County Road known as
105	Spring Cove Road, thence N 88°08’19” E along the South
106	right-of-way line of Spring Cove Road a distance of
107	626.83 ft. to the N.W. corner of lands described in
108	O.R. Book 217, Page 367, public records of Citrus
109	County, Florida, thence S 30°08’46” W along the West
110	boundary of lands described in O.R. Book 217, Page
111	367, and a Southerly projection thereof a distance of
112	350 feet, thence N 88°08’46” E, a distance 200 feet to
113	the Northwesterly right-of-way line of State Road 490,
114	thence S 30°08’46” W along the Northwesterly right-of-
115	way line of State Road 490 a distance of 488.90 feet
116	to the South line of said Unit No. 2 of Homosassa,
117	thence N 76°10’29” W along the South line of said Unit
118	No. 2 of Homosassa a distance of 413.05 feet to the
119	Point of Beginning; AND a parcel of land described as:
120	Commence at the NW corner of the SW ¼ of Section 27,
121	Township 19 South, Range 17 East, thence S 0°20’05” W
122	along the West line of said SW ¼ a distance of 2.86
123	feet, thence N 89°09’10” E 207.66 feet, thence N
124	80°30’50” E 327.26 feet, thence N 54°04’10” E 351.97
125	feet, thence N 63°15’ E 330.22 feet, thence N
126	88°37’10” E 896.99 feet to the Northwesterly right-of-
127	way line of State Road 490, thence S 30°37’20” W along
128	said right-of-way line a distance of 29.48 feet to the
129	POINT OF BEGINNING, said point also being on the South
130	right-of-way line of a proposed County Road, thence
131	continue S 30°37’20” W along aforementioned
132	Northwesterly right-of-way line of State Road 490, a
133	distance of 200 feet, thence S 88°37’10” W parallel to
134	the aforementioned South right-of-way line of a
135	proposed County Road, a distance of 200 feet, thence N
136	30°37’20” E 200 feet to said South right-of-way line
137	of a proposed County Road, thence N 88°37’10” E along
138	said South right-of-way line a distance of 200 feet to
139	the point of beginning; AND the South 60 feet of
140	Sections 23 and 24 of Township 19 South, Range 17
141	East; AND the North 60 feet of Sections 25 and 26,
142	Township 19 South, Range 17 East; AND the South 60
143	feet of Sections 19, 20 and 21, Township 19 South,
144	Range 18 East, LESS AND EXCEPT that portion lying
145	easterly of the East right-of-way line of State Road
146	491; AND the North 60 feet of Sections 28, 29 and 30,
147	Township 19 South, Range 18 East, LESS AND EXCEPT that
148	portion lying easterly of the East right-of-way line
149	of State Road 491; AND Lots 1, 2 and 3 of Block E, of
150	GROVER CLEVELAND ESTATES, according to a plat thereof
151	as recorded in Plat Book 12, Page 2 of the Public
152	Records of Citrus County, Florida; AND Lots 1, 2, 3,
153	together with Lots 6 through 23, according to the
154	subdivision of HALLS RIVER ESTATES, as recorded in
155	Plat Book 3, Page 11, Public Records of Citrus County,
156	Florida; AND Lot 1, Block A, HAZELTON HILLS, legally
157	described as: Commence at the SW corner of NW ¼ of
158	Section 25, Township 19 South, Range 17 East, thence S
159	89°44’45” East along the South line of said NW ¼ of
160	the NW ¼ a distance of 320.59 feet, thence N 0°11’55”
161	East 996.92 feet to the Point of Beginning, thence
162	continue North 00°00’55” East 83.08 feet, thence S
163	89°44’45” East parallel to said South line a distance
164	of 150 feet, thence S 00°00’55” West 83.08 feet,
165	thence N 89°44’45” West parallel to South line a
166	distance of 150 feet to the Point of Beginning; AND
167	commence at the NW corner of Section 29, Township 19
168	South, Range 18 East, thence S 00°46’57” West along
169	the West line of said Section 29, a distance of 31.68
170	feet to the South right-of-way line of a paved County
171	Road, thence S 88°59’06” East along said South right-
172	of-way line a distance of 521.49 feet to the Point of
173	Beginning, thence continue S 88°59’06” East along said
174	right-of-way line a distance of 487.14 feet, thence
175	leaving said South right-of-way line S 04°43’30” West
176	537.91 feet, thence N 89°13’50” West 437.26 feet,
177	thence N 00°35’20” West 538.87 feet to the Point of
178	Beginning; AND commence at the NW corner of Section
179	29, Township 19 South, Range 18 East, thence S
180	00°46’57” West along the West line of said Section 29,
181	a distance of 31.68 feet to the South right-of-way
182	line of a County Road, thence along said right-of-way
183	line South 88°59’06” East a distance of 521.49 feet,
184	thence leaving said right-of-way line South 00°35’20”
185	East 538.87 feet to the Point of Beginning, thence S
186	89°15’50” East 295.00 feet, thence S 00°46’57” West
187	731.95 feet to the South line of said NW ¼ of the NW ¼
188	of Section 29, thence S 89°26’13” West 295.00 feet,
189	thence N 00°46’57” East 738.82 feet to the Point of
190	Beginning; AND begin at the SW corner of the SE ¼ of
191	the SE ¼ of Section 24, Township 19 South, Range 17
192	East, thence North along the West line of SE ¼ of SE ¼
193	500 feet to the Point of Beginning, thence continue
194	North along the West line for 209 feet, thence East
195	209 feet, thence South 209 feet, thence West 209 feet
196	to the Point of Beginning, together with an easement
197	20 feet wide extending from the above parcel along the
198	West line of SE ¼ of SE ¼ of the County Road known as
199	Chicken Farm Road; AND Tract 45, HOMOSASSA HIGHLANDS,
200	as recorded in Plat Book 7, Page 33, Public Records of
201	Citrus County, Florida; AND a subdivision of that part
202	of the SW ¼ of Section 26, Township 19 South, Range 17
203	East, lying North of U.S. Highway #19 and South and
204	West of Green Acres Addition #6, Unit #3, as recorded
205	in Plat Book 8, Pages 94 through 100, Public Records
206	of Citrus County, Florida, being more particularly
207	described as follows: Commence at the NW corner of the
208	SW ¼ of Section 26, Township 19 South, Range 17 East,
209	thence S 0°31’51” East along the West line of said
210	Section 26 a distance of 587 feet to the Point of
211	Beginning, said point being on the South right-of-way
212	line of Chelsea Road, as shown on the plat of Green
213	Acres Addition #6, Unit #3, Plat Book 8, Pages 94
214	through 100, thence East along said right-of-way line
215	937.53 feet to a point on the West right-of-way line
216	of Morningside Drive as shown on said plat, thence
217	South along said right-of-way line 1818.72 feet to al
218	point on the North right-of-way line of Green Acres
219	Boulevard as shown on said plat, thence N 89°41’25”
220	West along said right-of-way line 645.32 feet, thence
221	S 44°57’05” West along said right-of-way line 256 feet
222	to the Northeasterly right-of-way line of U.S. Highway
223	#19, said point being 146 feet from, measured at a
224	right angle to the centerline of said U.S. Highway
225	#19, thence N 45°02’55” West along said right-of-way
226	line 132.46 feet to a point on the West line of said
227	Section 26, thence N 0°31’51” West along said West
228	line a distance of 1927.89 feet to the Point of
229	Beginning, less and except Lots 3 to 17, inclusive;
230	AND Blocks 40, 52, 53 and 62, of Unit #1 of Homosassa,
231	as recorded in Plat Book 1, page 42 and 43, public
232	records of Citrus County, Florida, together with Block
233	132 and 133, of Unit #3 of Homosassa, as recorded in
234	Plat Book 1, Page 45, Public Records of Citrus County,
235	Florida, and Block 166 and 167, of Unit #4 of
236	Homosassa, as recorded in Plat Book 1, Page 46, Public
237	Records of Citrus County, Florida, more particularly
238	described as follows: Beginning at a point formed by
239	the intersection of the southerly right-of-way of
240	Grover Cleveland Blvd. with the westerly right-of-way
241	of Indiana Ave., thence easterly along the southerly
242	right-of-way of Grover Cleveland Blvd. a distance of
243	2810 feet to the centerline of Missouri Ave., thence
244	southerly along the centerline of Missouri Ave. a
245	distance of 570 feet to the northerly right-of-way of
246	Fourth St., thence westerly along the northerly right-
247	of-way of Fourth St., a distance of 1,060 feet to the
248	easterly right-of-way of Grand Parkway East, thence
249	northerly along said easterly right-of-way a distance
250	of 325 feet to the northerly right-of-way of Fifth
251	St., thence westerly along said northerly right-of-way
252	of Fifth St. 1,750 feet to the westerly right-of-way
253	of Indiana Ave., thence northerly along said westerly
254	right-of-way 245 feet to the southerly right-of-way
255	line of Grover Cleveland Blvd., and the point or place
256	of beginning; AND begin at the intersection of the
257	Easterly right-of-way line of Marion Avenue and the
258	northerly right-of-way line of Grand Parkway South as
259	shown on the Plat of Villa Sites Addition to Homosassa
260	as recorded in Plat Book 1, Pages 53 and 54,
261	inclusive, Public Records of Citrus County, Florida,
262	thence N 89°58’20” West along the Northerly right-of-
263	way of said Grand Parkway South a distance of 30 feet
264	to the West line of Section 34, Township 19 South,
265	Range 17 East, thence S 0°01’40” West along said line
266	a distance of 150 feet, thence S 89°58’20” East a
267	distance of 30 feet to the intersection of said
268	Easterly right-of-way line and said Southerly right-
269	of-way line of Grand Parkway South, thence S 89°58’20”
270	East along said South right-of-way of Grand Parkway
271	South a distance of 990 ft., to the Southwesterly
272	right-of-way line of Kenosha Avenue as shown on said
273	Plat, thence S 44°58’20” East along said Southwesterly
274	right-of-way line a distance of 197.97 feet, thence S
275	89°58’20” East a distance of 100 feet, thence N
276	45°01’40” East a distance of 28.28 feet, thence S
277	89°58’20” East a distance of 51.89 feet to a point on
278	the East line of the NW ¼ of the NW ¼ of Section 34,
279	Township 19 South, Range 17 East, as shown on said
280	Plat, thence N 0°00’08” West along said East line a
281	distance of 378.73 feet to the NE corner of said NW ¼
282	of the NW ¼, thence S 89°38’40” West along the North
283	line of said NW ¼ of the NW ¼ a distance of 204.52
284	feet to the most Easterly corner of Lot 1, Block 1 of
285	said Plat of Villa Sites Addition, thence S 45°01’40”
286	West along the Southeasterly boundary of said Lot 1, a
287	distance of 151.87 feet, to the aforementioned
288	Northerly right-of-way line of Grand Parkway South,
289	thence N 89°58’30” West along said right-of-way line a
290	distance of 990 feet to the Point of Beginning.
291
292	(3) The powers, functions, and duties of the District
293	regarding ad valorem taxation, bond issuance, other revenue-
294	raising capabilities, budget preparation and approval, liens and
295	foreclosure of liens, use of tax deeds and tax certificates as
296	appropriate for non-ad valorem assessments, and contractual
297	agreements shall be as set forth in this act and in chapters 189
298	and 197, Florida Statutes, or any other applicable general or
299	special law, as they may be amended from time to time.
300	(4) The District charter created by this act may be
301	amended only by special act of the Legislature.
302	(5) The purpose of the District shall be to supply water
303	within the District for public, domestic, industrial, and fire
304	protection and to fix and collect rates and charges for the
305	services and facilities furnished by the water supply and
306	distribution system and to fix and collect charges for making
307	connections with the system.
308	(6) District requirements for financial disclosure,
309	meeting notices, reporting, public records maintenance, and per
310	diem expenses for District Commissioners and employees shall be
311	as set forth in chapters 112, 189, and 286, Florida Statutes, as
312	they may be amended from time to time.
313	Section 2. District powers, functions, and duties.--
314	(1) In addition to any powers, functions, and duties set
315	forth in this act, the District shall likewise exercise such
316	powers, functions, and duties as may be set forth in chapter
317	189, Florida Statutes, as the same may be amended from time to
318	time.
319	(2) The District is hereby authorized and empowered:
320	(a) To levy ad valorem taxes and non-ad valorem
321	assessments, as provided by this act and chapter 197, Florida
322	Statutes, on all taxable property within the territorial
323	boundaries of the District.
324	(b) To utilize the method provided in chapter 197, Florida
325	Statutes, as the same may be amended from time to time, for
326	collecting non-ad valorem assessments, fees, or service charges.
327	(c) To sue and be sued.
328	(d) To make and enter into contracts and agreements
329	necessary or incidental to the performance of the duties imposed
330	and the execution of the powers granted under this act.
331	(e) To adopt and use a common seal and to alter same.
332	(f) To acquire by grant, loan, purchase, gift, or devise
333	or by the exercise of the right of eminent domain all property,
334	real or personal, or any estate or interest therein necessary,
335	desirable, or convenient for the purposes of this act and to
336	sell, convey, lease, rent, or assign all or any part thereof and
337	to exercise all of its powers and authority with respect
338	thereto. The exercise of eminent domain shall be as provided for
339	by applicable general law.
340	(g) To appoint and employ a superintendent, an attorney,
341	and such other agents and employees as the District deems
342	advisable.
343	(h) To plan, develop, purchase or otherwise acquire,
344	construct, reconstruct, improve, extend, enlarge, equip, repair,
345	maintain, and operate a water supply and distribution system
346	within the territorial limits of the District.
347	(i) To fix and collect rates and charges for the services
348	and facilities furnished by its water supply and distribution
349	system and to fix and collect charges for making connections to
350	its system.
351	(j) To issue revenue bonds, pursuant to section 189.4085,
352	Florida Statutes, as the same may be amended from time to time,
353	and otherwise by this act and general law, to pay the cost of
354	purchasing or otherwise acquiring, constructing, reconstructing,
355	improving, extending, enlarging, or equipping its water supply
356	and distribution system.
357	(k) To issue refunding bonds, pursuant to section
358	189.4085, Florida Statutes, as the same may be amended from time
359	to time, or otherwise by general law, to refund any bonds then
360	outstanding which shall have been issued under the provisions of
361	this act.
362	(l) To do all acts or things necessary or convenient to
363	carry out the powers expressly granted in this act.
364	Section 3. District governing board.--
365	(1) The governing body of the District shall be a board of
366	five Commissioners elected pursuant to chapter 189, Florida
367	Statutes, by the electors of the District in a nonpartisan
368	election held at the time and in the manner prescribed for
369	holding general elections. Each member of the board shall be
370	elected for a term of 4 years and shall serve until his or her
371	successor assumes office, except that the Commissioner who will
372	be elected in December of the year 2003 and the three
373	Commissioners who will be elected in December of the year 2005
374	will be elected for terms of 3 years in order to make District
375	elections consistent with the Florida General Elections.
376	(2) The office of each Commissioner is designated as a
377	seat on the board, distinguished from each of the other seats by
378	a numeral: 1, 2, 3, 4, or 5. Each candidate must designate, at
379	the time he or she qualifies, the seat on the board for which he
380	or she is qualifying. The name of each candidate who qualifies
381	shall be included on the ballot in a way that clearly indicates
382	the seat for which he or she is a candidate. The candidate for
383	each seat who receives the most votes shall be elected to the
384	board.
385	(3) Each member of the board must be a registered elector
386	of and reside within the District boundaries at the time he or
387	she qualifies for election and continually throughout his or her
388	term.
389	(4) In the event of a vacancy, due to any cause, on the
390	Board of Commissioners, the vacancy shall be filled for the
391	remainder of the term by special election within 30 days after
392	the occurrence of the vacancy unless the vacancy occurs within
393	90 days after a regular election.
394	(5) The procedures for conducting District elections and
395	for qualification of electors shall be pursuant to section
396	189.405, Florida Statutes, and general law, as the same may be
397	amended from time to time. Commissioners shall assume their
398	respective duties on the 1st Tuesday after the 1st Monday in
399	January after the date of such election.
400	(6) Special elections may be held under the call of the
401	Chair at any time as directed by the Commissioners. Once called
402	by the Chair, the election will occur in all respects pursuant
403	to the provisions of the Florida Election Code.
404	(7) Commissioners shall receive compensation up to the
405	amount of $200 per month. The compensation to be received from
406	District funds shall be set by resolution of the Commissioners
407	for performance of their duties but may not be increased to more
408	than $200 per month per Commissioner without the prior approval
409	of a majority of the qualified electors of the District voting
410	in a referendum called for such purpose. Commissioners shall be
411	reimbursed by the District for any expenses incurred in the
412	performance of their duties pursuant to chapter 112, Florida
413	Statutes, as the same may be amended from time to time.
414	(8) Any Commissioner may resign voluntarily and also shall
415	be deemed to have resigned by ceasing to be a resident and
416	qualified elector within the District.
417	(9) The board shall hold meetings pursuant to sections
418	189.416 and 189.417, Florida Statutes, as the same may be
419	amended from time to time.
420	(10) A majority of the members of the Board of
421	Commissioners shall constitute a quorum for the transaction of
422	the business of the District. The affirmative vote of a
423	majority of the governing board members present and voting shall
424	be necessary to transact business.
425	(11) The District shall prepare and submit reports,
426	budgets, and audits as provided in sections 189.415 and 189.418,
427	Florida Statutes, as the same may be amended from time to time.
428	Section 4. Chair, Secretary-Treasurer.--At the first
429	meeting of the Commissioners, and annually thereafter, they
430	shall organize and designate one of the Commissioners to act as
431	Chair and appoint a resident of the District, who need not be a
432	Commissioner, to act as Secretary-Treasurer. The Secretary-
433	Treasurer shall be custodian of the official proceedings,
434	records, and funds of the District and upon order of the Board
435	of Commissioners shall furnish bond for the performance of the
436	Secretary-Treasurer’s duties and accounting for the funds of the
437	District. Disbursement of funds of the District shall be made
438	only upon orders authorized by the Board, signed by the Chair
439	and countersigned by the Secretary-Treasurer.
440	Section 5. General obligation bonds.--
441	(1) The District is hereby authorized to issue by
442	resolution general obligation bonds with an aggregate principal
443	amount not exceeding $450,000, payable from rates, rentals,
444	fees, and charges provided for hereunder and, to the extent
445	necessary, ad valorem taxes levied as hereinafter provided, for
446	the purpose of paying the cost of purchasing or otherwise
447	acquiring, constructing, reconstructing, improving, extending,
448	enlarging, or equipping its water supply and distribution
449	system, provided, however, that any such bonds shall have been
450	approved by the majority of the votes cast in an election in
451	which a majority of the freeholders who are qualified electors
452	residing in the District shall have participated. Any such
453	election shall beheld and the result thereof determined and
454	declared in the manner provided by the election code of 1951 and
455	chapter 189, Florida Statutes, or as such may be amended from
456	time to time.
457	(2) The bonds of each issue authorized pursuant to this
458	act shall be dated, shall mature at such time not exceeding 50
459	years after their date or dates, and shall bear interest at such
460	rate or rates not exceeding 5 1/2 percent per annum. Such bonds
461	may be made redeemable before maturity at the option of the
462	District upon such terms and conditions as the District may fix
463	prior to their issuance. The District shall determine the form
464	of the bonds, including interest coupons to be attached thereto,
465	and the manner of execution thereof and shall fix the
466	denomination of the bonds and the place of payment of principal
467	and interest. This payment place may be at any bank or trust
468	company within or without the state. All bonds issued under the
469	provisions of this act shall be general obligations of the
470	District and shall have and are hereby declared to have all of
471	the qualities and incidents of negotiable instruments under the
472	negotiable instruments law of Florida. The District may sell
473	such bonds in such manner, at such time or times, and for such
474	price as it may determine to be in the best interests of the
475	District and, in the resolution providing for the issuance of
476	such bonds, provisions may be made for the custody and
477	application of the proceeds therefrom as may be deemed necessary
478	or advantageous for safeguarding such proceeds.
479	Section 6. Revenue bonds.--
480	(1) The District is hereby authorized to provide by
481	resolution at one time, or from time to time, for the issuance
482	of District revenue bonds for the purpose of paying all or a
483	part of the cost of acquisition, construction, equipping,
484	repairing, extending, maintaining, and reconstructing a water
485	supply and distribution system. The revenue bonds of each issue
486	shall be dated, shall bear interest at such rate or rates not
487	exceeding 6 percent per annum, shall mature at such time or
488	times, not exceeding 40 years after their date or dates, as may
489	be determined by the District, and may be made redeemable before
490	maturity, at the option of the District, at such price or prices
491	and under such terms and conditions as may be fixed by the
492	District prior to the issuance of the revenue bonds. The
493	District shall determine the form of the revenue bonds,
494	including any interest coupons to be attached thereto, and the
495	manner of execution of the revenue bonds and coupons, and shall
496	fix the denomination or denominations of the revenue bonds and
497	the place or places of payment of principal and interest, which
498	may be at any bank or trust company within or without the state.
499	In case any officer whose signature or a facsimile of whose
500	signature shall appear on any revenue bonds or coupons shall
501	cease to be such officer before the delivery of such revenue
502	bonds, such signature or such facsimile shall nevertheless be
503	valid and sufficient for all purposes the same as if that
504	officer had remained in office until such delivery. All revenue
505	bonds issued under the provisions of this section shall have and
506	are hereby declared to have all the qualities and incidents of
507	negotiable instruments under the negotiable instruments laws of
508	Florida. The revenue bonds may be issued in coupon or
509	registered form, or both, as the District may determine, and
510	provisions may be made for the registration of any coupon bonds
511	as to principal alone and also as to both principal and interest
512	and for the reconversion into coupon bonds of any bonds
513	registered as to both principal and interest. The issuance of
514	such revenue bonds shall not be subject to any limitations or
515	conditions contained in any other law, and the District may sell
516	such revenue bonds in such manner and for such price as it may
517	determine to be in the best interest of the District, but no
518	such sale shall be made at a net interest cost to the District
519	in excess of 6 percent per annum, excluding, however, from such
520	computations the amount of any premium to be paid on redemption
521	of any revenue bonds prior to maturity. Prior to the
522	preparation of definitive bonds, the District may, under like
523	restrictions, issue interim receipts or temporary bonds with or
524	without coupons, exchangeable for definitive bonds when such
525	revenue bonds have been executed and are available for delivery.
526	The District may also provide for the replacement of any bonds
527	that are be mutilated, destroyed, or lost.
528	(2) Such revenue bonds may be payable from the revenues
529	derived from the operation of the system or of any combination
530	thereof and from any other funds legally available therefor,
531	including the proceeds from any special assessments levied by
532	the District. The revenue bonds shall be entitled to such
533	priorities on such revenues as the District shall provide. The
534	issuance of such revenue bonds shall not directly, indirectly,
535	or contingently obligate the District to levy ad valorem taxes
536	for their payment and the District shall not convey or mortgage
537	such facilities or any part thereof as security for payment of
538	the revenue bonds.
539	(3) At the discretion of the District, each or any issue
540	of such revenue bonds may be secured by a trust agreement by and
541	between the District and a corporate trustee, which may be any
542	trust company or bank having the powers of a trust company
543	within or outside of the state. Such trust agreement may pledge
544	or assign the revenues to be received by the District. The
545	resolution providing for the issuance of revenue bonds or such
546	trust agreement may contain such provisions for protecting and
547	enforcing the rights and remedies of the bondholders as may be
548	reasonable, proper, and not in violation of law, including
549	covenants setting forth District duties in relation to the
550	acquisition, construction, improvement, maintenance, operation,
551	repair, and insurance of the system and the custody,
552	safeguarding, and application of all moneys. It shall be lawful
553	for any bank or trust company incorporated under the laws of
554	Florida to act as such depository and to furnish such
555	indemnifying bonds or to pledge such securities as may be
556	required by the District. Such resolution or such trust
557	agreement may restrict the individual rights of action by
558	bondholders as is customary in trust agreements securing bonds
559	or debentures of corporations. In addition to the foregoing,
560	such resolution or such trust agreement may contain such other
561	provisions as the District may deem reasonable and proper for
562	the security of the bondholders. Except as otherwise provided
563	in this section, the District may provide, by resolution or by
564	trust agreement, for the payment of the bond proceeds or
565	revenues to such officer, board, or depository as determined by
566	the District. The District may also provide the method of
567	disbursement thereof, with such safeguards and restrictions as
568	it may determine. All expenses incurred in carrying out such
569	trust agreement may be treated as part of the cost of operation
570	of the system affected by such trust agreement.
571	(4) A resolution or trust agreement providing for the
572	issuance of the revenue bonds may also contain such limitations
573	upon the issuance of additional revenue bonds as the District
574	may deem proper, and such additional revenue bonds shall be
575	issued under such restrictions or limitations as may be
576	prescribed by such resolution or trust agreement.
577	(5) Revenue bonds may be issued under the provisions of
578	this act without obtaining the consent of any commission, board,
579	bureau, or agency of the state or county and without any other
580	proceeding or the happening of any condition or thing other than
581	those proceedings, conditions, or things which are specifically
582	required by act.
583	(6) The proceeds of the revenue bonds shall be used solely
584	for the payment of the cost of the project for which such
585	revenue bonds were issued and shall be disbursed in the manner
586	provided in the resolution or in the trust agreement authorizing
587	the bond issuance. If the proceeds of the revenue bonds of any
588	issue shall exceed the amount required for the purpose for which
589	the same shall have been issued, the surplus shall be set aside
590	and used only for paying the principal of and interest on such
591	bonds.
592	(7) Any holder of revenue bonds issued under this act or
593	any of the coupons appertaining thereto and the trustee under
594	any trust agreement, except to the extent that the rights herein
595	given may be restricted by such trust agreement, may, either at
596	law or in equity, by suit, action, mandamus, or other
597	proceedings, protect and enforce any and all rights under the
598	laws of Florida or granted hereunder or under such trust
599	agreement or the resolution authorizing the issuance of such
600	bonds and may enforce and compel the performance of all duties
601	required by this section or by such trust agreement or
602	resolution to be performed by the District or by any officer
603	thereof.
604	Section 7. Refunding bonds.--The District is hereby
605	authorized to provide by resolution for the issuance of
606	refunding revenue bonds for the purpose of refunding any revenue
607	bonds then outstanding and issued under the provisions of this
608	act. The District is further authorized to provide by
609	resolution for the issuance of bonds for the combined purpose of
610	paying the cost of any acquisition, construction, repair,
611	extensions, additions, equipping, and reconstruction of any
612	system facilities and refunding revenue bonds of the District
613	which were previously issued under the provisions of this act
614	and which remain outstanding. The issuance of such obligations,
615	the maturities and other details thereof, the rights and
616	remedies of the holders thereof, and the rights, powers,
617	privileges, duties, and obligations of the District with respect
618	to the same shall be governed by the foregoing provisions of
619	this act.
620	Section 8. Levy of ad valorem taxes, payment of
621	bonds.--The District is hereby authorized and required to levy
622	annually a tax upon all taxable property within the District
623	sufficient to pay the principal of and interest on all bonds
624	issued under this act as the same shall respectively become due
625	and payable and to create a sinking fund to pay the principal
626	thereof at or before maturity; however, any yearly revenues
627	received in excess of the amount required to pay the current
628	expenses of administration, operation, maintenance, renewals,
629	and replacements of said water supply and distribution system
630	shall be applied to pay such interest and principal and only
631	such portion or amount of the annual tax as would otherwise be
632	required shall be actually so levied and collected. A certified
633	copy of the resolution or resolutions making provisions for the
634	levy of taxes as aforesaid shall be filed with both the Board of
635	County Commissioners of Citrus County and the State Comptroller.
636	Section 9. Authority to levy and collect tax on real and
637	personal property for administrative costs, expenditure
638	generally.--As provided in this act, the District is hereby
639	authorized each year to levy and collect an annual tax on all
640	taxable real and personal property in the District at a rate not
641	exceeding 3 mills per annum, the proceeds of which shall be used
642	and applied to the payment of the cost of administration of the
643	District or may be expended for preliminary expenses in
644	connection with the acquisition of such water supply and
645	distribution system and placing the same in operation and may
646	further be expended for the maintenance, improvement,
647	enhancement, repair, extension, enlargement, reconstruction,
648	ownership, operation, management, and control of said water
649	supply and distribution system.
650	Section 10. Construction contracts.--All work done by the
651	District in the construction, reconstruction, repair,
652	maintenance, improvement, or enlargement of such water supply
653	and distribution system involving the expenditure of more than
654	$5,000 shall be done by contract entered into following
655	advertisement for bids received on a stated date pursuant to
656	notice for sealed bids published at least once each week for 2
657	consecutive weeks in a newspaper or journal of general
658	circulation among contractors in the State of Florida, and all
659	such contracts shall be secured by performance bonds in an
660	amount not less than 80 percent of the contract price, furnished
661	by a surety company or companies authorized to do business in
662	the State of Florida.
663	Section 11. Special assessments for construction,
664	reconstruction, repair, or maintenance of improvements.--
665	(1) The District may provide for the construction,
666	reconstruction, repair, and/or maintenance of improvements to
667	the system of a local nature and of special benefit to the
668	properties served thereby. Such special assessments shall be
669	levied upon the property to be benefited by such improvements at
670	a rate of assessment based on the special benefit accruing to
671	such property.
672	(2) Special assessments against property deemed to be
673	benefited by improvements as provided for herein shall be
674	assessed upon the property specially benefited by the
675	improvement and proportioned by the benefits to be derived
676	therefrom, said special benefits to be determined and prorated
677	according to the front footage of the respective property
678	specially benefited by said improvement or by such other method
679	as the board may prescribe.
680	(3) When the District may determine to make any
681	improvement authorized herein, and to defray the whole or any
682	part of the expense thereof by special assessments, the District
683	shall so declare by resolution, stating the nature of the
684	proposed improvement, designating the areas to be so improved,
685	the location of the improvements, and the part or portion of the
686	expense thereof to be paid by special assessments, the manner in
687	which said assessments shall be made, when said assessments are
688	to be paid, what part, if any, shall be apportioned to be paid
689	from other funds designated by the District; and said resolution
690	shall designate the lands upon which the special assessment
691	shall be levied and in describing said lands, it shall be
692	sufficient to describe them as “all lots and lands adjoining and
693	contiguous to or bounding and abutting upon such improvements or
694	specially benefited thereby and further designated by the
695	assessment plan hereinafter provided for.” Such resolution
696	shall also state the total estimated cost of the improvement.
697	Such estimated cost may include the cost of construction or
698	reconstruction, repair, and maintenance, the cost of all labor
699	and materials, the cost of all lands, property, rights,
700	easements, and franchises acquired, financing charges, interest
701	prior to and during construction and for 1 year after completion
702	of construction, cost of plans and specifications, surveys of
703	estimates of costs and of revenues, cost of engineering and
704	legal services, and all other expenses necessary or incident to
705	determining the feasibility or practicability of such
706	construction or reconstruction, repair, and maintenance,
707	administrative expense, and such other expense as may be
708	necessary or incident to the financing herein authorized.
709	(4) Upon adoption of the resolution provided for herein,
710	the District shall cause the resolution to be published once a
711	week for 2 consecutive weeks in a newspaper of general
712	circulation published in Citrus County.
713	(5) Upon adoption of the resolution, the District shall
714	cause to be made a preliminary assessment roll in accordance
715	with the method of assessment provided for in the resolution.
716	The assessment roll shall be completed as promptly as possible
717	and shall show the lots and lands assessed and the amount of the
718	benefit to and the assessment against each lot or parcel of land
719	and, if said assessment is to be paid in installments, the
720	number of annual installments in which the assessment is
721	divided.
722	(6) Upon completion of the preliminary assessment roll,
723	the District shall by resolution fix a time and place at which
724	the owners of the property to be assessed, or any other persons
725	interested therein, may appear before the District and be heard
726	as to the propriety and advisability of making such
727	improvements, as to the costs thereof, as to the manner of
728	payment therefor, and as to the amount thereof to be assessed
729	against each property so improved. A written notice of such
730	public hearing shall be given to such property owners 10 days
731	prior to such hearing identifying the date, time, and place of
732	such hearing. The notice shall include the amount of the
733	assessment and shall be served by mail to each such property
734	owner at the owner’s last known address. The District shall
735	ascertain the names and addresses of such property owners from
736	the Property Appraiser or from such other source as the District
737	deems reliable, proof of such mailing to be made by a District
738	affidavit, and such proof shall be filed with the Secretary-
739	Treasurer of the board, provided that failure to mail said
740	notice or notices shall not invalidate any of the proceedings
741	hereunder. The District shall also provide notice of the time
742	and place of such hearing by publications placed in a newspaper
743	of general circulation in Citrus County at least two times, at
744	least 1 week apart, provided that the last publication shall be
745	at least 1 week prior to the date of the hearing. The notice
746	shall describe the areas to be improved and shall advise all
747	persons interested that the description of each property to be
748	assessed and the amount to be assessed to each piece or parcel
749	of property may be ascertained at the District offices and are
750	open to public inspection. Such service of publication shall be
751	verified by proof of publication and filed with the Secretary-
752	Treasurer of the District.
753	(7) At the time and place named in the notice provided for
754	above, the Board of Commissioners shall meet and hear testimony
755	from affected property owners as to the propriety and
756	advisability of making the improvements and funding them with
757	special assessments on property. Following the testimony, the
758	board shall make a final decision on whether to levy the special
759	assessments. Thereafter, the board shall meet as an equalizing
760	board to hear and consider any and all complaints as to the
761	special assessments and shall adjust and equalize the
762	assessments based on equity and fairness. When so equalized and
763	approved by resolution of the board, a final assessment roll
764	shall be filed with the office of the Clerk of the Circuit Court
765	of Citrus County, and such assessment shall stand confirmed and
766	remain legal, valid, and binding first liens upon the property
767	against which such assessments are made until paid. However,
768	upon completion of the improvement, the District shall credit to
769	each of the assessments the difference in the assessment as
770	originally made, approved, and confirmed and the proportionate
771	part of the actual cost of the improvement to be paid by special
772	assessments as finally determined upon the completion of the
773	improvement, but in no event shall the final assessments exceed
774	the amount of benefits originally assessed. Promptly after such
775	confirmation, the assessment shall be recorded by the Clerk of
776	the Circuit Court in Citrus County. From the date of such
777	recording, the assessments shall constitute liens upon the
778	properties assessed, coequal with the lien of general county and
779	district taxes, including ad valorem taxes, and shall be
780	superior in rank and priority to all of the liens, titles, and
781	claims. The assessment shall be collectible and shall be
782	entitled to sale and forfeiture in the same manner and with the
783	same attorney’s fee, interest, and penalties for default in
784	payments as general county taxes. Collection may also be
785	effected by foreclosure in a court of equity, according to the
786	laws then existing for the foreclosure of mortgages, and it
787	shall be lawful to join in any such bill or complaint for
788	foreclosure on any one or more lots or parcels of land, by
789	whomsoever owned, if assessed for the same improvement made
790	under the provisions of this section. Failure to pay any
791	installment of principal or interest of any assessment when due
792	shall, without notice of other proceedings, cause all
793	installments of principal remaining unpaid to be forthwith due
794	and payable with interest due thereon at date of default.
795	(8) Citrus County, the District, and each school district,
796	municipality, or other political subdivision owning property
797	abutting upon the improvement for which special assessments are
798	made shall possess the same power and be subject to the same
799	duties and liabilities with respect to the assessments under
800	this section affecting the real estate of such county, district,
801	municipality, or political subdivision which private owners of
802	real estate possess or are subject to hereunder. Such real
803	estate shall be subject to the liens of assessments in all cases
804	to the same extent as if it had, at the time the lien attached,
805	been owned by a private owner.
806	(9) All such assessment liens shall be due and payable at
807	the office of the Tax Collector of Citrus County 30 days after
808	the date of the recording of the assessment roll. All
809	assessment liens not paid within said period shall become
810	payable in not more than 10 equal annual installments, the
811	number to be determined by the District at the time of the
812	confirmation and approval of the assessment roll with interest
813	at not more than 10 percent per annum from the date due; but any
814	assessment lien becoming so payable in installments may be paid
815	in full at any time, together with interest accrued thereon to
816	the last day of the calendar quarter in which such payment is
817	made.
818	(10) After the equalization, approval, and confirmation of
819	the special assessments levied for the proposed improvements,
820	the District may utilize any method allowable by law for the
821	funding of the special assessments. These methods may include
822	third-party financing with any reputable lender, the issuance of
823	special assessment bonds of the District for the payment of such
824	portion of the cost assessed against the properties specifically
825	benefited thereby and for the reimbursement of any fund of the
826	District from which any part of such cost has previously been
827	paid. The amount of such bonds authorized to be issued
828	hereunder shall not exceed in the aggregate the total amount of
829	the assessment liens pledged for their payment and shall mature
830	at such time or times not later than 6 months after the last
831	installment of the special assessment liens pledged to the
832	payment thereof, as may be determined by the District.
833	(11) The bonds issued under this section shall be payable
834	solely from the special assessments, the installments thereof,
835	and interest and penalties thereof which have been pledged to
836	their payment and shall not be deemed to constitute a general
837	obligation of the District for the payment of which the full
838	faith, credit, and taxing powers thereof are pledged. The
839	issuance of such bonds shall not directly, indirectly, or
840	contingently obligate the District to levy or pledge any form of
841	ad valorem taxation.
842	(12) All collections of assessments contained in any one
843	assessment roll and the interest and penalties thereon shall be
844	deposited in a separate fund properly designated, and such fund
845	shall be pledged to, and used solely for, the payment of the
846	cost of the improvements or for the payment of the principal of
847	and interest on any revenue bonds or special assessment bonds
848	issued under this section for the construction of the
849	improvements for which said assessments were made until all of
850	said bonds and the interest thereon shall have been fully paid.
851	If bonds are issued for more than one improvement, all
852	assessments collected for all such improvements may by District
853	resolution be placed in one fund, which shall be maintained,
854	pledged, and applied for the payment of the principal of and
855	interest on said bonds.
856	(13) If any special assessment made under the provisions
857	of this act shall be either in whole or in part annulled,
858	vacated, or set aside by the judgment of any court, or if the
859	District shall be satisfied that any such assessment is so
860	irregular or defective that the same cannot be enforced or
861	collected, or if the District shall have omitted to make such
862	assessment when it might have done so, the District shall take
863	necessary steps to cause a new assessment to be made for the
864	whole or any part of any improvement or against any property
865	benefited by any improvement, following the provisions of this
866	act. In the event such second assessment shall be annulled, the
867	board may obtain and make additional assessments until a valid
868	assessment shall be levied.
869	(14) All assessments and charges made pursuant to this act
870	may be pledged to the payment of the principal of and interest
871	on any revenue bonds or special assessment bonds issued by the
872	District.
873	(15) The District may make allowances and grant credit to
874	property owners for improvements previously made by such
875	property owners to the extent the District determines such
876	existing improvements to be of value and utility as a part of
877	the improvements for which such assessment is made and may
878	prescribe a plan for fixing and determining such allowances and
879	credits.
880	(16) In fixing and enforcing the assessments provided for
881	herein, where any land has been surveyed, subdivided, or platted
882	into small tracts designated as lots or blocks or otherwise, and
883	the owner of the surveyed, subdivided, or platted land
884	recognizes such survey, subdivision, or plat, the land embraced
885	in such may be described by reference to such whether or not any
886	plat thereof has been recorded.
887	(17) If the owner or owners of any lot or parcel of land
888	assessed under the provisions of this section and all those
889	having any interest therein by way of mortgage or other lien or
890	leasehold rights or otherwise shall in writing request that such
891	assessment be divided so that a part of the same shall be the
892	assessment on and constitute a lien on one portion of such lot
893	or parcel and the remainder shall be the assessment on and
894	constitute a lien or liens against the remainder of such parcel
895	or separate parts thereof, the District, in its discretion,
896	shall have the power to divide such assessment in accordance
897	with such request, and thereafter the separate parts of such
898	assessment shall be the assessments and constitute separate
899	liens upon the parts of the lot or parcel, respectively, into
900	which the same shall have been so divided. Any resolution making
901	such division shall recite a finding of the District that such
902	division is equitable and is based upon the benefits accruing to
903	each portion as divided.
904	(18) No irregularity or illegality in connection with any
905	of the proceedings herein authorized shall affect the validity
906	of such proceedings, the special assessments levied thereunder,
907	or any bonds or contracts issued or executed pursuant thereto
908	unless such irregularity or illegality shall substantially
909	affect the rights of the District, its inhabitants, or the
910	owners of the properties assessed for such improvements.
911	(19) A copy of any assessment roll, certified as correct
912	by the Tax Collector of Citrus County, shall be admitted as
913	evidence and shall be prima facie proof of the amount of the
914	assessment and the property upon which said assessment is
915	levied.
916	(20) When any part of an improvement to be made hereunder
917	lies in part within the limits of an incorporated city or town,
918	the board shall nevertheless be authorized to make such
919	improvement with respect to the part lying within such city or
920	town and to provide for assessing the cost thereof as herein
921	provided if the governing body of such city or town shall by
922	resolution or ordinance consent to the adoption and confirmation
923	of the resolution passed or to be passed by the board offering
924	the improvement.
925	Section 12. Exemption from taxation and
926	assessments.--Pursuant to sections 189.403 and 196.199, Florida
927	Statutes, as the same may be amended from time to time, the
928	District shall not be required to pay any taxes or assessments
929	upon its assets or properties or upon the income therefrom.
930	Section 4. This act shall be construed as remedial and
931	shall be liberally construed to promote the purpose for which it
932	is intended.
933	Section 5. In the event any section or provision of this
934	act is determined to be invalid or unenforceable, such
935	determination shall not affect the validity or enforceability of
936	each other section and provision of this act.
937	Section 6. Chapters 24429 (1947), 25726 (1949), 59-1177,
938	63-1222, 70-630, 73-431, 76-346, 76-347, 77-528, 79-440, 80-475,
939	80-476, 81-360, 82-279, 83-386, 84-410, 85-399, 86-456, 88-463,
940	88-484, 88-533, 89-436, 89-464, 89-499, 90-418, 90-419, 92-241,
941	92-337, and 96-525, Laws of Florida, are repealed.
942	Section 7. This act shall take effect upon becoming a law.
943