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43	Special Water District, are codified, reenacted, and repealed as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