HB 1381

1	A bill to be entitled
2	An act relating to the Englewood Water District, Charlotte
3	and Sarasota Counties; codifying, amending, reenacting,
4	and repealing the district's special acts; establishing
5	boundaries; providing definitions; providing for election
6	of a board of supervisors to govern said district;
7	providing powers, authority, and duties of the board;
8	granting to said governing board the authority in the
9	territory defined to construct, acquire, extend, enlarge,
10	reconstruct, improve, maintain, equip, repair, and operate
11	a water system, wastewater system, or wastewater reuse
12	system, or any combination thereof; authorizing the levy
13	and collection of non-ad valorem assessments on property
14	benefited by the construction of such water system,
15	wastewater system, or wastewater reuse system, or combined
16	systems; providing for optional methods of financing the
17	cost of the water system, wastewater system, or wastewater
18	reuse system or combined systems or extensions and
19	additions thereto by the issuance of revenue bonds or
20	assessment bonds or any combination thereof and the fixing
21	and collection thereof and the fixing and collection of
22	rates and charges on users of such systems; providing for
23	the levy and collection of non-ad valorem assessments on
24	benefited property and the pledge of such assessments for
25	the payment of any revenue bonds, or assessment bonds;
26	providing for the rights, remedies, and security of any of
27	the holders of said bonds; providing penalties; repealing
28	chapters 59-931, 67-811, 71-480, 85-406, 86-420, 89-400,
29	90-408, 91-357, 92-271, 94-437, and 96-499, Laws of
30	Florida, relating to the Englewood Water District;
31	providing an effective date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  Pursuant to section 189.429, Florida Statutes,
36	this act constitutes the codification of all special acts
37	relating to the Englewood Water District. It is the intent of
38	the Legislature in enacting this law to provide a single,
39	comprehensive special act charter for the district including all
40	current legislative authority granted to the district by its
41	several legislative enactments and any additional authority
42	granted by this act. It is further the intent of this act to
43	preserve all district authority in addition to any authority
44	contained in the Florida Statutes, as amended from time to time.
45	Section 2.  Chapters 59-931, 67-811, 71-480, 85-406, 86-
46	420,89-400, 90-408, 91-357, 92-271, 94-437, and 96-499, Laws of
47	Florida, relating to the Englewood Water District, are codified,
48	amended, reenacted, and repealed as herein provided.
49	Section 3.  The charter for the Englewood Water District is
50	re-created and reenacted to read:
51	Section 1.  (1)  There is hereby created the Englewood
52	Water District for the areas of Charlotte and Sarasota Counties,
53	described as follows:
54
55	Sections 8, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23,
56	24, 25, 26, 27, 35, and 36, that part of sections 4
57	and 5, lying and being west of the west boundary of
58	Lemon Bay, township 40 south; range 19 east; and
59	sections 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32
60	and 33, township 40 south, range 20 east, all being in
61	Sarasota County, State of Florida.
62
63	Sections 1, 2, 12 and 13, Township 41 South, Range 19
64	East; Sections 4, 5, 6, 7, 8, 9, 16, 17, and 18, that
65	part of Section 21 lying and being north of the north
66	bank of Buck Creek, and that portion of Section 20
67	lying and being east of the east boundary of Lemon
68	Bay, Township 41 South, Range 20 East, all lying and
69	being in Charlotte County, State of Florida.
70
71	That portion of Section 3, Township 40 South, Range 19
72	East lying west of S.R. 776 (Englewood Road), and
73	those portions of Sections 4 and 5, Township 40 South,
74	Range 19 East, lying and being east of the west
75	boundary of Lemon Bay, all being south of the
76	east-west line prescribed by Colonial Road, all being
77	in Sarasota County, Florida.
78	(2)  The Englewood Water District is hereby declared to be
79	a body corporate and politic under the corporate name and style
80	of "Englewood Water District" with power to contract, to sue and
81	be sued in its corporate name, and with the other powers and
82	duties hereinafter set forth, as well as all other powers and
83	exemptions given by general law.
84	Section 2.  As used in this act, unless the context
85	otherwise requires:
86	(1)  "District" means the Englewood Water District created
87	by this act.
88	(2)  "Water system" means and includes any plants, systems,
89	facilities, or property and additions, extensions, and
90	improvements thereto at any future time constructed or acquired
91	as a part thereof, useful or necessary or having the present
92	capacity for future use in connection with the development of
93	sources, treatment for purification, and distribution of water
94	for domestic, commercial, or industrial use and without limiting
95	the generality of the foregoing shall include dams, reservoirs,
96	storage tanks, mains, lines, valves, pumping stations, laterals,
97	and pipes for the purpose of carrying water to the premises
98	connected with such system and shall include all real and
99	personal property and any interest therein, rights, easements,
100	and franchises of any nature whatsoever relating to such system
101	and necessary or convenient for the operation thereof.
102	(3)  "Wastewater system" means and includes any plant,
103	system, facility, or property and additions, extensions, and
104	improvements thereto at any future time constructed or acquired
105	as a part thereof, useful or necessary or having the present
106	capacity for future use in connection with the collections,
107	treatment, purification, or disposal of wastewater or sewerage
108	of any nature or originating from any source, including
109	industrial wastes resulting from any processes of any industry,
110	manufacture, trade, or business or from the development of any
111	natural resources, and without limiting the generality of the
112	foregoing definition shall embrace treatment plants, pumping
113	stations, lift stations, valves, force mains, intercepting
114	sewers, laterals, pressure lines, mains, and all necessary
115	appurtenances and equipment, and all wastewater mains and
116	laterals for the reception and collection of wastewater or
117	sewerage on premises connected therewith, and shall include all
118	real and personal property and any interest therein, rights,
119	easements, and franchises of any nature whatsoever relating to
120	any such system and necessary or convenient for the operation
121	thereof.
122	(4)  "Wastewater reuse system" means and includes any
123	plant, system, facility, or property and additions, extensions,
124	and improvements thereto at any future time constructed or
125	acquired as a part thereof, useful or necessary or having the
126	present capacity for future use in connection with the
127	collection, treatment, purification, disposal, or distribution
128	of wastewater or stormwater originating from any source, for the
129	purpose of reuse and without limiting the generality of the
130	foregoing definition shall embrace treatment plants, dams,
131	reservoirs, storage tanks, pumping stations, lift stations,
132	valves, force mains, laterals, pressure lines, mains, and all
133	necessary appurtenances and equipment, and shall include all
134	real and personal property and any interest therein, rights,
135	easements, and franchises of any nature whatsoever relating to
136	any such system and necessary or convenient for the operation
137	thereof. Water which has received at least secondary treatment
138	and stormwater may be referred to as reclaimed wastewater and
139	may be reused for such beneficial purposes, including, but not
140	limited to, landscape or agricultural irrigation, aesthetic uses
141	such as ponds or fountains, groundwater recharge, industrial
142	uses, environmental enhancement, or fire protection.
143	(5)  "System" or "systems" means the water, wastewater, or
144	wastewater reuse systems authorized by this act, either
145	individually, in any combination, or any part thereof.
146	(6)  "Cost" means, as applied to the acquisition and
147	construction of a water system, wastewater reuse system, or a
148	wastewater system or extensions, additions, or improvements
149	thereto, the cost of construction or reconstruction,
150	acquisition, or purchase, the cost of all labor, materials,
151	machinery, and equipment, the cost of all lands and interest
152	therein, an office and administration building for the district,
153	property, rights, easements, and franchises of any nature
154	whatsoever, financing charges, interest prior to and during
155	construction and for 1 year after completion of construction or
156	acquisition of such water system, wastewater reuse system, or
157	wastewater system or extensions, additions, or improvements
158	thereto, bond discount, fees and expenses of financial advisors
159	or fiscal agents, cost of plans and specifications, surveys and
160	estimates of costs and revenues, cost of engineering and legal
161	services, and all other expenses necessary or incidental in
162	determining feasibility or practicality of such construction,
163	reconstruction, or acquisition, administrative expenses, and
164	such other expenses as may be necessary or incidental to the
165	construction or acquisition or improvement of such water system,
166	wastewater reuse system, or wastewater system authorized by this
167	act and the financing thereof, and the reimbursement of any
168	expenses incurred by the district in connection with any of the
169	foregoing items of cost.
170	(7)  "Revenue bonds" means bonds or other obligations
171	secured by and payable as to principal and interest from the
172	revenues derived from rates, fees, and charges collected by the
173	district from the users of the facilities of the water system,
174	wastewater reuse system, or wastewater system, or any
175	combination thereof, and which may or may not be additionally
176	secured by a pledge of the proceeds of non-ad valorem
177	assessments levied against property benefiting from assessable
178	improvements.
179	(8)  "Board" means the board of supervisors of the
180	district.
181	Section 3.  The district shall be governed and its affairs
182	administered by the board of supervisors consisting of five
183	members.
184	(1)(a)  By a majority vote, the Englewood Water District
185	Board of Supervisors shall adopt a preliminary resolution
186	dividing the district into five separate and distinct sections
187	of approximately equal populations, drawn along Charlotte County
188	and/or Sarasota County precinct lines, if feasible. These
189	divisions shall be known as the "Englewood Water District
190	Supervisor Election Districts" which shall be numbered 1 through
191	5.
192	(b)  After the initial adoption by the board of the
193	proposed Englewood Water District Supervisor Election Districts,
194	the district shall hold a public hearing at which all residents
195	of the district or other interested parties shall have an
196	opportunity to be heard concerning the proposed Englewood Water
197	District Supervisor Election Districts. Notice of such public
198	hearing setting forth the five proposed Englewood Water District
199	Supervisor Election Districts shall be given by one publication
200	in a newspaper published in Charlotte County, and in one
201	publication in a newspaper published in Sarasota County, and
202	such notice shall also be posted in five public places in the
203	district, at least 30 days prior to the date of such hearing,
204	which may be adjourned from time to time.
205	(c)  After such hearing, such preliminary resolution
206	dividing the district into five separate and distinct sections,
207	known as the Englewood Water District Supervisor Election
208	Districts, either as initially adopted or as modified or
209	amended, shall be finally adopted. A map of the Englewood Water
210	District Supervisor Election Districts shall be kept on file in
211	the office of the administrator of the district and shall be
212	open to public inspection during normal business hours.
213	(d)  The Englewood Water District Supervisor Election
214	Districts shall be revised every 10 years in the same manner as
215	they were originally established as hereinabove established. If
216	the boundaries of the district are modified, the election
217	districts shall be modified as necessary in the same manner
218	established above in adequate time for the new election
219	districts to be utilized during the next general election.
220	(2)(a)  On the first Tuesday after the first Monday in
221	November 2002, and every 4th year thereafter, two supervisors,
222	one residing in Englewood Water District Board of Supervisors
223	Election District 5 and one residing in Englewood Water District
224	Board of Supervisors Election District 4, shall be elected by
225	the qualified electors of the Englewood Water District for terms
226	of 4 years each.
227	(b)  On the first Tuesday after the first Monday in
228	November 2004, and every 4th year thereafter, three supervisors,
229	one residing in Englewood Water District Board of Supervisors
230	Election District 3, one residing in Englewood Water District
231	Board of Supervisors Election District 2, and one residing in
232	Englewood Water District Board of Supervisors Election District
233	1, shall be elected by the qualified electors of the Englewood
234	Water District for terms of 4 years each.
235	(c)  The results of such election shall be declared by
236	resolution adopted by the board. Each elected member of the
237	Board shall assume office 10 days following the member?s
238	election. Each supervisor shall duly file his or her oath of
239	office and a bond in such amount as the board shall determine
240	for the faithful performance of his or her duties prior to
241	taking office and the cost thereof shall be paid by the
242	district.
243	(3)  In the event no person has been elected at the general
244	election to fill an office which was required to be filled at
245	such election, the members of the board shall, within 60 days
246	following the date of the election, by a majority vote of all
247	members then in office, appoint a person from the appropriate
248	Englewood Water District Supervisors Election District, to serve
249	for each office not otherwise filled by said election, to serve
250	until the next general election, at which election the qualified
251	electors of the district shall elect a supervisor to serve the
252	remaining unexpired term, if any, of such supervisors so
253	appointed.
254	(a)  In the event any supervisor shall resign, die, or be
255	removed from the district, or the office of such supervisor
256	shall for any reason become vacant, the remaining members of the
257	board may, by a majority vote of all members then in office,
258	appoint a successor to such supervisor, from the appropriate
259	Englewood Water District Supervisors Election District, to serve
260	until the next general election, at which election the qualified
261	electors of the district shall elect a supervisor to serve for
262	the remaining unexpired term, if any, of such supervisor whose
263	office became vacant as aforesaid.
264	(b)  A notice of the election shall be given at least once
265	at least 14 days prior thereto by one publication in a newspaper
266	published in Charlotte County, and in one publication in a
267	newspaper published in Sarasota County, and such notice shall
268	also be posted during the 14-day period in five public places in
269	the district.
270	(4)  All elections under this act shall be nonpartisan.
271	(5)(a)  Elections for the purpose of electing supervisors
272	to the board shall conform to the Florida Election code,
273	chapters 97-106, Florida Statutes, as pertains to independent
274	special districts as set forth in section 189.405, Florida
275	Statutes.
276	1.  The results of the election shall be jointly canvassed
277	by the county canvassing boards of the Counties of Charlotte and
278	Sarasota and the results of such joint canvass shall be reported
279	in accordance with general law.
280	2.  Supervisors shall be qualified electors with legal
281	residence in the appropriate Englewood Water District Board of
282	Supervisors Election District, who are freeholders. The office
283	of any supervisor who ceases to be a qualified elector with
284	legal residence in the appropriate election district and a
285	freeholder in the district during his or her term of office
286	shall become vacant.
287	(b)  The board shall be vested with all administrative
288	power and authority of the district and shall have and exercise
289	all powers conferred upon such district by the terms of this
290	act. Members of the board may each be paid a salary or
291	honorarium to be determined by at least a majority plus one vote
292	of the board, which salary or honorarium may not exceed $500 per
293	month for each member. Special notice of any meeting at which
294	the board will consider a salary change for a board member shall
295	be published at least once, at least 14 days prior to the
296	meeting, in a newspaper of general circulation in the county in
297	which the district is located. Separate compensation for the
298	board member serving as treasurer may be authorized by like vote
299	so long as total compensation for the board member does not
300	exceed $500 per month. Said salary or honorarium shall be
301	adjusted in accordance with section 191.005(4), Florida
302	Statutes. Said board members shall also be reimbursed for moneys
303	expended in the performance of their official duties consistent
304	with the provisions of section 112.061, Florida Statutes.
305	(c)  The organization and conduct of the board?s affairs
306	shall be as follows:
307	1.  The chair and vice chair shall be elected at an annual
308	meeting to be held in January of each year, and shall serve in
309	said capacities until the next annual meeting; said officers may
310	be removed at any time during their tenure, with or without
311	cause, by a majority vote of all members of said board. Upon the
312	expiration of the terms of office of any of said officers for
313	any reason whatsoever, the board shall elect new officers to
314	fill the positions thus vacated.
315	2.  The board shall hold such meetings as the business
316	affairs of the district may require, and all such meetings shall
317	be noticed and open to the public as provided by law. Such
318	meetings shall be held within the territorial limits of the
319	district or may be held outside the district in conjunction with
320	other boards, commissions, agencies, bodies, or persons for the
321	purpose of holding discussions or for the exchange of
322	information. However, no formal action may be taken by the
323	passage of any resolution, rule, or order at meetings held
324	outside the district other than that action which is required
325	for the ordinary conduct of such meetings.
326	3.  A majority of the board shall constitute a quorum at
327	any meeting thereof and all actions of the board shall be upon
328	an affirmative vote of the majority of board members present at
329	any such meeting, provided that no action of the board may pass
330	with less than three affirmative votes. However, any resolution
331	authorizing the issuance of bonds or other obligations, or the
332	levy on non-ad valorem assessments, or the fixing of rates and
333	charges for the services and facilities of the systems of the
334	district shall not be adopted except upon the affirmative vote
335	of a majority of all the members of the board then in office.
336	Actions of the board shall be evidenced by resolutions voted
337	upon and adopted by the board, which may be finally adopted at
338	the same meeting at which they are introduced and need not be
339	published or posted, except resolutions authorizing the issuance
340	of bonds or other obligations shall be advertised in accordance
341	with the provisions of this section and a public hearing shall
342	be held prior to the adoption of such resolutions. Resolutions
343	providing solely for the refunding of any already existing bonds
344	or other obligations need not be so advertised.
345	4.  Written minutes of each board meeting shall be kept and
346	there shall be recorded therein a report of all that transpired
347	at any such meeting. The minutes shall be signed by the vice
348	chair of the board and kept permanently in books provided for
349	that purpose.
350	5.  The board shall cause to be kept complete and accurate
351	books of accounting in standard bookkeeping and accounting
352	procedures. Annually, the board shall make a true and complete
353	accounting of all moneys received and expended by said board and
354	said accounting shall list the assets and liabilities of the
355	district. Said accounting shall be based upon an audit prepared
356	by a certified public accountant, and shall be in writing with
357	sufficient copies thereof made to furnish to any inhabitants of
358	the district requesting same.
359	6.  All contracts of the district shall be signed by the
360	chair of the board of supervisors, and the seal of the board
361	shall be affixed thereto, attested by the secretary to the board
362	who shall be official custodian of such seal. The board, by
363	resolution, may delegate authority to sign contracts to the
364	administrator of the district. Any bonds issued by the district
365	under the provisions of this act shall be signed in the same
366	manner as a contract. However, only one manual signature shall
367	be required on any bonds and the seal of the district may be
368	imprinted or reproduced thereon.
369	7.  Every board member and every officer of the district
370	shall be indemnified by the district against all expenses and
371	liabilities, including counsel fees, reasonably incurred by or
372	imposed upon the member or officer in connection with any
373	proceeding or any settlement of any proceeding to which he or
374	she may be a party or in which he or she may become involved by
375	reason of his or her being or having been a board member or
376	officer of the district, whether or not he or she is a board
377	member or officer at the time such expenses are incurred. In the
378	event of a settlement, the indemnification shall apply only when
379	the board approves such settlement and reimbursement as being
380	for the best interests of the district. The right of
381	indemnification authorized by this subparagraph shall be in
382	addition to and not exclusive of all other rights to which a
383	board member or officer may be entitled. This subparagraph shall
384	not apply to a board member or officer who is adjudged guilty of
385	willful misfeasance or malfeasance in the performance of his or
386	her duties.
387	8.  The board may, by the vote of a majority of all
388	members, elect a member to serve as chair or vice chair on an
389	interim basis during the absence of such officer. The interim
390	officer shall have all of the powers, duties, and authority of
391	such officer during his or her absence.
392	Section 4.  The district, by and through the board, is
393	hereby authorized and empowered:
394	(1)  To make rules and regulations for its own governance
395	and proceedings and to adopt an official seal for the district.
396	(2)  To employ such consulting and other engineers,
397	technicians, construction and accounting experts, financial
398	advisors or fiscal agents, attorneys, and such other agents and
399	employees as the board may require or deem necessary to
400	effectuate the purposes of this act and to take such steps as
401	are necessary to be taken to provide coverage by the old age and
402	survivors insurance system embodied in the federal Social
403	Security Act to employees of the Englewood Water District on as
404	broad a basis as permitted under the federal Social Security Act
405	and the laws of Florida and may provide a pension or retirement
406	plan for its employees. Notwithstanding the prohibition against
407	extra compensation set forth in section 215.425, Florida
408	Statutes, the board may provide for an extra compensation
409	program, including a lump-sum bonus payment program, to reward
410	outstanding employees whose performance exceeds standards, if
411	the program provides that a bonus payment may not be included in
412	an employee?s regular base rate of pay and may not be carried
413	forward in subsequent years.
414	(3)  To construct, install, erect, acquire and operate,
415	maintain, improve, extend, or enlarge and reconstruct a water
416	system, wastewater system, or wastewater reuse system or any
417	combination thereof within or without said district for the
418	furnishing of water service, wastewater service, or wastewater
419	reuse service or any combination of such services to the
420	inhabitants of the district, and to have the exclusive control
421	and jurisdiction thereof, and to issue its revenue bonds,
422	assessment bonds, or other obligations, or any combination
423	thereof to pay all or part of the cost of such construction,
424	reconstruction, erection, acquisition, or installation of such
425	systems. The purchase or sale of a water, wastewater, or
426	wastewater reuse system shall be accomplished in accordance with
427	section 189.423, Florida Statutes.
428	(4)  To regulate the disposal of wastewater, reuse of
429	wastewater, and supply of water within the district and to
430	prohibit the use and maintenance of outhouses, privies, septic
431	tanks, or other unsanitary structures or appliances, in
432	accordance with the general laws of the state.
433	(5)  To fix and collect rates, fees, capital contributions,
434	and other charges for the use of the facilities and services
435	provided by any system, and to fix and collect charges for
436	making connections and reconnections with any such system, and
437	to provide for reasonable charges and penalties to any users of
438	property for any such rates, fees, or charges that are
439	delinquent.
440	(6)  To acquire in the name of the district by purchase,
441	gift, or the exercise of eminent domain pursuant to chapter 73
442	or chapter 74, Florida Statutes, such lands and rights and
443	interest therein, both within and without the district,
444	including land under water and riparian rights and to acquire
445	such personal property as may be deemed necessary in connection
446	with the construction, reconstruction, improvement, extensions,
447	installation, erection, or operation and maintenance of any
448	system, and to hold and dispose of all real and personal
449	property under its control.
450	(7)  To receive grants, either separately or in conjunction
451	with any municipality, governmental agency, or governmental
452	entity, either in the nature of public works or public
453	improvement grants or loans from any governmental agency,
454	department, bureau, or individual for the purpose of installing,
455	constructing, erecting, acquiring, operating, or maintaining a
456	system or other things necessary or incidental thereto.
457	(8)  To exercise exclusive jurisdiction, control, and
458	supervision over any system owned, operated, and maintained by
459	the district and to make and enforce such rules and regulations
460	for the maintenance and operation of any system as may be, in
461	the judgment of the board, necessary or desirable for the
462	efficient operation of any such systems or improvements in
463	accomplishing the purposes of this act.
464	(9)  To restrain, enjoin, or otherwise prevent the
465	violation of this act or of any resolution, rule, or regulation
466	adopted pursuant to the powers granted by this act.
467	(10)  To join with any other district or districts, cities,
468	towns, counties, or other political subdivisions, public
469	agencies, or authorities in the exercise of common powers
470	consistent with section 163.01, Florida Statutes.
471	(11)  To contract with municipalities or other private or
472	public corporations or persons to provide or receive a water
473	supply or for wastewater disposal, collection, or treatment, or
474	for wastewater reuse.
475	(12)  To prescribe methods of pretreatment of industrial
476	wastes not amenable to treatment with domestic wastewater before
477	accepting those wastes for treatment and to refuse to accept
478	such industrial wastes when not sufficiently pretreated as may
479	be prescribed, and by proper resolution to prescribe penalties
480	for the refusal of any person or corporation to so pretreat such
481	industrial wastes.
482	(13)  To require and enforce the use of its facilities
483	whenever and wherever they are accessible in accordance with
484	applicable general law and applicable local government
485	comprehensive plans.
486	(14)  To sell or otherwise dispose of the effluent, sludge,
487	reclaimed wastewater, or other byproducts as a result of
488	wastewater treatment and reclamation.
489	(15)  To accomplish construction by holding hearings,
490	advertising for construction bids, and letting contracts for all
491	or any part or parts of the construction of any system in
492	accordance with the provisions of section 15.
493	(16)  To cause surveys, plans, specifications, and
494	estimates to be made from time to time for any system.
495	(17)  To enter on any lands, water, or premises, public or
496	private, located within or without the district or either of the
497	Counties of Charlotte or Sarasota to make surveys, borings,
498	soundings, or examinations for the purposes of this act.
499	(18)  To construct and operate connecting, intercepting, or
500	outlet wastewater or reclaimed wastewater mains and pipes and
501	water mains, conduits or pipelines in, along, or under any
502	streets, alleys, highways, or other public places or ways within
503	the state or any municipality or political subdivision.
504	(19)  Subject to such provisions and restrictions as may be
505	set forth in the resolution authorizing or securing any bonds or
506	other obligations issued under the provisions of this act, to
507	enter into contracts with the Government of the United States or
508	any agency or instrumentality thereof, or with any other county,
509	municipality, district, authority or political subdivision,
510	private corporation, partnership, association, or individual
511	providing for or relating to the treatment, collection, and
512	disposal of wastewater or the treatment, supply, and
513	distribution of water or reclaimed wastewater and any other
514	matters relevant thereto or otherwise necessary to effect the
515	purposes of this act and to receive and accept from any federal
516	agency grants for or in aid of the planning, construction,
517	reconstruction, or financing of any system and to receive and
518	accept aid or contributions from any other source of either
519	money, property, labor, or other things of value to be held,
520	used, and applied only for the purpose for which such grants and
521	contributions may be made.
522	(20)  To acquire, purchase, or buy real estate within or
523	without the district to be used in the development,
524	installation, construction, improvement, maintenance, operation,
525	or servicing of any system of the district, by installment
526	contract, agreement for deed, or note and mortgage, provided
527	that said contract, agreement for deed, or mortgage does not
528	constitute a lien or encumbrance upon any real property other
529	than that being purchased thereby.
530	(21)  To sell or otherwise dispose of effluent, sludge, or
531	other byproducts produced by any system.
532	(22)  To require the owner, tenant, or occupant of each lot
533	or parcel of land within the district who is obligated to pay
534	the rates, fees, or charges for the services furnished by any
535	facility owned or operated by the district under the provisions
536	of this act to make a reasonable deposit with the district in
537	advance to ensure the payment of such rates, fees, or charges.
538	If such rates, fees, or charges become delinquent, the district
539	may apply the deposit to the payment or partial payment thereof,
540	including accrued interest, shutoff charges, and penalties, if
541	any.
542	(23)  To invest and reinvest the surplus public funds of
543	the district consistent with the requirements of section 218.415
544	Florida Statutes, and other applicable state or federal law.
545	Section 5.  (1)  The board for and on behalf of the
546	district is authorized to provide from time to time for the
547	issuance of revenue bonds to finance or refinance all or part of
548	the costs of additions, extensions, and improvements to, or the
549	acquisition of, any system. The principal of and interest on any
550	such revenue bonds shall be payable from the rates, fees,
551	charges, or other revenues derived from the operation of any
552	such system or systems in the manner provided in this act and
553	the resolution authorizing such bonds and pledging such
554	revenues. The proceeds of non-ad valorem assessments levied as
555	provided in this act may be pledged as additional security for
556	said revenue bonds. It is the express intent of this act that
557	the district shall be authorized to finance the purposes
558	provided in this act by the issuance of revenue bonds or special
559	assessment bonds separately for all or any part of the cost
560	thereof, or to issue revenue bonds additionally secured by the
561	non-ad valorem assessments for all or any part of such cost, so
562	that the district shall have complete flexibility as to the
563	types of bonds to be issued and the security for the holders of
564	such bonds. The revenue bonds of the district shall be issued in
565	such denominations and mature on such dates and in such amounts,
566	and may be subject to optional and mandatory redemption, all as
567	shall be determined by resolutions adopted by the board on
568	behalf of the district. Bonds of said district may bear interest
569	at a fixed or floating or adjustable rate and may be issued as
570	interest-bearing, interest-accruing bonds or zero coupon bonds
571	at such rate or rates not exceeding the maximum rate permitted
572	by general law, all as shall be determined by resolutions of the
573	board on behalf of the district. Principal and interest shall be
574	payable in the manner determined by the board. The bonds shall
575	be signed by the chair or vice chair of the board, attested with
576	the seal of said district and by the signature of the chair of
577	the board of supervisors. In case any officer whose signature or
578	a facsimile of whose signature shall appear on the bonds shall
579	cease to be such officer before the delivery of such bonds, such
580	signature or facsimile shall nevertheless be valid and
581	sufficient for all intents and purposes the same as if he or she
582	had remained in office until such delivery. The board may sell
583	such bonds in such manner not inconsistent with general law,
584	either at public or private sale, and for such price, as it may
585	determine to be for the best interests of the district.
586	(2)  The proceeds of the sale of any such bonds shall be
587	used to finance or refinance all or part of the costs of the
588	construction or acquisition of additions, extensions, and
589	improvements of any water system, wastewater reuse system, or
590	wastewater system or any combination thereof, to fund reserves
591	and renewal and replacement funds, and to pay the costs of
592	issuing such bonds. The funds derived from the sale of the bonds
593	shall be disbursed in such manner and under such restrictions as
594	the board may provide in the authorizing resolution. Revenue
595	bonds may be issued under the provisions of this act without any
596	other proceeding or happening of any other condition or thing
597	than those proceedings, conditions, or things which are
598	specifically required by this act and by general law.
599	(3)  A resolution providing for the issuance of revenue
600	bonds may also contain such limitations upon the issuance of
601	additional revenue bonds secured on a parity with the bonds
602	theretofore issued, as the board may deem proper, and such
603	additional bonds shall be issued under such restrictions and
604	limitations as may be prescribed by such authorizing resolution.
605	(4)  Revenue bonds may be issued under the provisions of
606	this act without regard to any limitations or indebtedness
607	prescribed by law.
608	(5)  Revenue bonds issued under the provisions of this act
609	shall not constitute a general obligation debt of the district
610	within the meaning of any constitutional or statutory debt
611	limitation, but such bonds shall be payable solely from the
612	revenues and/or non-ad valorem assessments, if any, pledged
613	therefor, and that the full faith and credit of the district is
614	not pledged to the payment of the principal of or interest on
615	such bonds.
616	(6)  In connection with the sale and issuance of bonds, the
617	district may enter into any contracts which the board determines
618	to be necessary or appropriate to achieve a desirable effective
619	interest rate in connection with the bonds by means of, but not
620	limited to, contracts commonly known as investment contracts,
621	funding agreements, interest rate swap agreements, currency swap
622	agreements, forward payment conversion agreements, futures, or
623	contracts providing for payments based on levels of or changes
624	in interest rates, or contracts to exchange cash flows or a
625	series of payments, or contracts, including, without limitation,
626	options, puts, or calls to hedge payment, rate, spread, or
627	similar exposure. Such contracts or arrangements may also be
628	entered into by the district in connection with, or incidental
629	to, entering into any agreement which secures bonds or provides
630	liquidity therefor. Such contracts and arrangements shall be
631	made upon the terms and conditions established by the board,
632	after giving due consideration for the credit worthiness of the
633	counterparties, where applicable, including any rating by a
634	nationally recognized rating service or any other criteria as
635	may be appropriate.
636	(7)  In connection with the sale and issuance of the bonds,
637	or entering into any of the contracts or arrangements referred
638	to in the paragraph above, the district may enter into such
639	credit enhancement or liquidity agreements, with such payment,
640	interest rate, security, default, remedy, and any other terms
641	and conditions as the board shall determine.
642	(8)  Notwithstanding any provisions of state law relating
643	to the investment or reinvestment of surplus funds of any
644	governmental unit, proceeds of the bonds and any money set aside
645	or pledged to secure payment of the principal of, premium, if
646	any, and interest on the bonds, or any of the contracts entered
647	into pursuant to this section, may be invested in securities or
648	obligations described in the resolution providing for the
649	issuance of bonds.
650	Section 6.  (1)  The board shall, by resolution prior to
651	the issuance of any revenue bonds, fix the initial schedule of
652	rates, fees, or other charges for the use of and the services
653	and facilities to be furnished by any such water system,
654	wastewater reuse system, or wastewater system, or any
655	combination thereof, to be paid by the owner, tenant, or
656	occupant of each lot or parcel of land which may be connected
657	with or used by any such system or systems of the district.
658	After the system or systems shall have been in operation the
659	district board may revise the schedule of rates, fees, and
660	charges from time to time. However, such rates, fees, and
661	charges shall be so fixed and revised so as to provide sums
662	which, with other funds for such purposes, shall be sufficient
663	at all times to pay:
664	(a)  The principal of and interest on revenue bonds as the
665	same shall become due and reserves therefor.
666	(b)  The expenses of maintaining and repairing such
667	systems, including reserves for such purposes and for capital
668	replacements, depreciation, and necessary extensions or
669	improvements and administrative expenses.
670	(c)  Any other payments required by the resolution
671	authorizing the issuance of such revenue bonds.
672	(2)  Such rates, fees, and charges shall be just and
673	equitable and uniform for users of the same class and where
674	appropriate may be based or computed either upon the quantity of
675	water or wastewater consumed or produced, or upon the number and
676	size of wastewater connections or upon the number and kind of
677	plumbing fixtures in use in the premises or upon the number or
678	average number of persons residing or working in or otherwise
679	using the facilities of such system or upon any other factor
680	affecting the use of the facilities or services furnished or
681	upon any combination of the foregoing factors as may be
682	determined by the board on any other equitable basis. All rates,
683	fees, and charges established pursuant to this act shall be set
684	in accordance with the total cost of service which is required
685	to provide service to the customers. The water system,
686	wastewater reuse system, and wastewater system shall be
687	accounted for as separate and as distinct systems. However, the
688	district shall set rates consistent with the guidelines adopted
689	by the American Water Works Association for government-owned
690	utilities. The district may, by resolution, consolidate any one
691	or more systems, provided such consolidation shall not impair
692	the rights of any existing bondholders of the district.
693	(3)  No rates, fees, or charges shall be fixed under the
694	foregoing provisions of this section until a public hearing at
695	which all the users of the proposed system or owners, tenants,
696	or occupants served or to be served thereby and all others
697	interested shall have an opportunity to be heard concerning the
698	proposed rates, fees, and charges. After the initial adoption by
699	the board of the resolution setting forth the preliminary
700	schedule or schedules fixing and classifying such rates, fees,
701	and charges, notice of such public hearing setting forth the
702	proposed schedule or schedules of rates, fees, and charges shall
703	be given by one publication in a newspaper published in
704	Charlotte County and in a newspaper published in Sarasota County
705	and such notice shall also be posted in five public places in
706	the district, at least 10 days prior to the date of such
707	hearing, which may be adjourned from time to time. After such
708	hearing, such preliminary schedule or schedules, either as
709	initially adopted, or as modified or amended, may be finally
710	adopted. A copy of the schedule or schedules of such rates,
711	fees, or charges finally fixed in such resolution shall be kept
712	on file in the office of the district and shall be open at all
713	times to public inspection. The rates, fees, or charges so fixed
714	for any class of users or property served shall be extended to
715	cover any additional properties thereafter served which shall
716	fall in the same class, without the necessity of any hearing or
717	notice. Any change or revision of such rates, fees, or charges
718	may be made in the same manner as such rates, fees, or charges
719	were originally established as provided herein, provided that if
720	such changes or revisions be made substantially pro rata as to
721	all classes of service no hearing or notice shall be required.
722	Section 7.  In addition to the other provisions and
723	requirements of this act, any resolution authorizing the
724	issuance of bonds may contain any other provisions deemed
725	necessary or in the best interest of the district and the board
726	is authorized to provide and may covenant and agree with the
727	several holders of such bonds to include, but without limitation
728	as to any other provisions, any of the following:
729	(1)  As to a reasonable deposit with the district in
730	advance, to ensure the payment of rates, fees, or charges for
731	the facilities of the system or systems.
732	(2)  May, in keeping with its rules and regulations,
733	disconnect any premises from the water system, wastewater reuse
734	system, or wastewater system if any such rates, fees, or charges
735	are delinquent for a period of 30 days or more.
736	(3)  The assumption of payment or discharge of any
737	indebtedness, lien, or other claim relating to any part of any
738	such system or any combination thereof, or any other obligations
739	having or which may have a lien on any part of any such system
740	or systems.
741	(4)  Limitations on the powers of the district to
742	construct, acquire, or operate, or permit the construction,
743	acquisition, or operation of any plants, structures, facilities,
744	or properties which may compete or tend to compete with any
745	other system of the district.
746	(5)  The manner and method of paying service charges and
747	fees and the levying of penalties for delinquent payments.
748	(6)  The manner and order of priority of the disposition of
749	revenues or redemption of any bonds.
750	(7)  Terms and conditions for modification or amendment of
751	any provisions or covenants in any such bond resolution
752	authorizing the issuance of such bonds.
753	(8)  Provisions and limitations on the appointment of a
754	trustee, paying agent, registrar, or escrow agent for
755	bondholders.
756	(9)  Provisions as to the appointment of a receiver of any
757	system on default of principal of or interest on any such bonds
758	or the breach of any covenant or condition of such authorizing
759	resolution or the provisions and requirements of this act.
760	(10)  Provisions as to the execution and entering into of
761	trust agreements, if deemed necessary by the board, regarding
762	the disposition of revenues or bond proceeds for the payment of
763	the cost of the acquisition and construction of the system or
764	any part thereof, or for any other purposes necessary to secure
765	any such revenue bonds.
766	(11)  Provisions as to the maintenance of any such system
767	or systems and reasonable insurance thereof.
768	(12)  Any other matters necessary to secure such bonds and
769	the payment of the principal and interest thereof. All such
770	provisions of the bond resolution and all such covenants and
771	agreements in addition to the other provisions and requirements
772	of this act shall constitute valid and legally binding contracts
773	between the district and several holders of any such bonds
774	regardless of the time of issuance of such bonds, and shall be
775	enforceable by any such holder or holders by mandamus or other
776	appropriate action, suit, or proceeding in law or in equity in
777	any court of competent jurisdiction.
778	Section 8.  (1)  When the fees, rates, or charges for the
779	services and facilities of any system are not paid when due and
780	are in default for 10 days or more, following written notice to
781	such delinquent customer, the district may discontinue and shut
782	off the supply of the services and facilities of such systems,
783	to the person, firm, corporation, or other body, public or
784	private, so supplied with such services or facilities, until
785	such fees, rates, or charges, including interest, penalties, and
786	charges for the shutting off and discontinuance or the
787	restoration of such services or facilities are fully paid. Such
788	delinquent fees, rates, or charges, together with interest,
789	penalties, and charges for the shutting off and discontinuance
790	or the restoration of such services or facilities, and
791	reasonable attorney?s fees, costs and other expenses, may be
792	recovered by the board in a court of competent jurisdiction.
793	(2)  In the event that the fees, rates, or charges for the
794	services and the facilities of any system shall not be paid as
795	and when due, the unpaid balance thereof and all interest
796	accruing thereon shall, to the extent permitted by law, be a
797	lien on any parcel or property affected thereby. Such liens
798	shall be superior and paramount to the interest on such parcel
799	or property of any owner, lessee, tenant, mortgagee, or other
800	person except the lien on county or district taxes and shall be
801	on a parity with the lien on any such county or district taxes.
802	In the event that any such service charge shall not be paid as
803	and when due and shall be in default for 30 days or more, the
804	unpaid balance thereof and all interest accrued or penalties
805	thereon, together with attorney?s fees and costs, may be
806	recovered by the district in a civil action, and any such lien
807	and accrued interest and penalties may be foreclosed or
808	otherwise enforced by the district by action or suit in equity
809	as for the foreclosure of a mortgage on real property in the
810	manner provided by general law.
811	Section 9.  (1)  The district may provide for the levy of
812	non-ad valorem assessments under this act on the lands and real
813	estate benefited by the construction of any system, or
814	extensions or improvements thereof, or any part thereof. Non-ad
815	valorem assessments may be levied only on benefited real
816	property at a rate of assessment based on the special benefit
817	accruing to such property from such improvements. The district
818	may use any assessment apportionment methodology that meets the
819	"fair apportionment" standards.
820	(2)  The board may determine to make any improvements
821	authorized by this act and defray the whole or any part of the
822	expense thereof by non-ad valorem assessments. The board shall
823	so declare by resolution stating the nature of the proposed
824	improvement, designating the location of wastewater facilities,
825	the location of water mains, water laterals, and other water
826	distribution facilities, or the location of the wastewater reuse
827	facilities, and the part or portion of the expense thereof to be
828	paid by non-ad valorem assessments, the manner in which said
829	assessments shall be made, when said assessments are to be paid,
830	and what part, if any, shall be apportioned to be paid from the
831	general funds of the district. Said resolution shall also
832	designate the lands upon which the non-ad valorem assessments
833	shall be levied, and in describing said lands it shall be
834	sufficient to describe them as "all lots and lands adjoining and
835	contiguous or bounding and abutting upon such improvements or
836	specially benefited thereby and further designated by the
837	assessment plat hereinafter provided for." Such resolution shall
838	also state the total estimated cost of the improvement. Such
839	estimated cost may include the cost of construction or
840	reconstruction, the cost of all labor and materials, the cost of
841	all lands, property, rights, easements, and franchises acquired,
842	financing charges, interest prior to and during construction and
843	for 1 year after completion of construction, discount on the
844	sale of assessment bonds, cost of plans and specifications,
845	surveys of estimates of costs and of revenues, cost of
846	engineering and legal services, and all other expenses necessary
847	or incident to determining the feasibility or practicability of
848	such construction or reconstruction, administrative expense, and
849	such other expense as may be necessary or incident to the
850	financing herein authorized.
851	(3)  At the time of the adoption of the resolution provided
852	for in subsection (2), there shall be on file at the district?s
853	offices an assessment plat showing the area to be assessed, with
854	plans and specifications, and an estimate of the cost of the
855	proposed improvement, which assessment plat, plans, and
856	specifications and estimate shall be open to the inspection of
857	the public.
858	(4)  Upon adoption of the resolution provided for in
859	subsection (2), or completion of the preliminary assessment roll
860	provided for in subsection (5), whichever is later, the vice
861	chair of the board shall publish notice of the resolution once
862	in a newspaper published in each of the Counties of Charlotte
863	and Sarasota. The notice shall state in brief and general terms
864	a description of the proposed improvements with the location
865	thereof, and that the plans, specifications, and estimates are
866	available to the public at the district?s offices. The notice
867	shall also state the date and time of the hearing to hear
868	objections provided for in subsection (7), which hearing shall
869	be no earlier than 15 days after publication of said notice.
870	Such publication shall be verified by the affidavit of the
871	publisher and filed with the secretary to the board.
872	(5)  Upon the adoption of the resolution provided for in
873	subsection (2), the board shall cause to be made a preliminary
874	assessment roll in accordance with the method of assessment
875	provided for in said resolution, said assessment roll shall show
876	the lots and lands assessed and the amount of the benefit to and
877	the assessment against each lot or parcel of land, and, if said
878	assessment is to be paid in installments, the number of annual
879	installments in which the assessment is divided shall also be
880	entered and shown upon said assessment roll.
881	(6)  Upon the completion of said preliminary assessment
882	roll, the board shall by resolution fix a time and place at
883	which the owners of the property to be assessed or any other
884	persons interested therein may appear before said board and be
885	heard as to the propriety and advisability of making such
886	improvements, as to the cost thereof, as to the manner of
887	payment therefor, and as to the amount thereof to be assessed
888	against each property so improved. Ten days? notice in writing
889	of such time and place shall be given to such property owners.
890	The notice shall include the amount of the assessment and shall
891	be served by mailing a copy by first class mail to each of such
892	property owners at his or her last known address, the names and
893	addresses of such property owners to be obtained from the
894	records of the property appraiser, and proof of such mailing to
895	be made by the affidavit of the secretary to the board, or by
896	the engineer.
897	(7)  At the time and place named in the notice provided for
898	in subsection (4), the board shall meet and hear testimony from
899	affected property owners as to the propriety and advisability of
900	making the improvements and funding them with non-ad valorem
901	assessments on property. Following the testimony, the board
902	shall make a final decision on whether to levy the non-ad
903	valorem assessments, adjusting assessments as may be warranted
904	by information received at or prior to the hearing. If any
905	property which may be chargeable under this section shall have
906	been omitted from the preliminary roll or if the prima facie
907	assessment shall not have been made against it, the board may
908	place on such roll an apportionment to such property. The owners
909	of any property so added to the assessment roll shall be mailed
910	a copy of the notice provided for in subsection (6) by first
911	class mail and granted 15 days from such date of mailing to file
912	any objections with the board. When so approved by resolution of
913	the board, a final assessment roll shall be filed with the vice
914	chair of the board, and such assessments shall stand confirmed
915	and remain legal, valid, and binding first liens upon the
916	property against which such assessments are made until paid. The
917	assessment so made shall be final and conclusive as to each lot
918	or parcel assessed unless proper steps be taken within 30 days
919	after the filing of the final assessment roll in a court of
920	competent jurisdiction to secure relief. If the assessment
921	against any property shall be sustained or reduced or abated by
922	the court, the vice chair shall note that fact on the assessment
923	roll opposite the description of the property affected thereby
924	and notify the county property appraiser and the tax collector
925	in writing. The amount of the non-ad valorem assessment against
926	any lot or parcel which may be abated by the court, unless the
927	assessment upon the entire district be abated, or the amount by
928	which such assessment is so reduced, may by resolution of the
929	board be made chargeable against the district at large, or, at
930	the discretion of the board, a new assessment roll may be
931	prepared and confirmed in the manner hereinabove provided for
932	the preparation and confirmation of the original assessment
933	roll. The board may by resolution grant a discount equal to all
934	or a part of the payee?s proportionate share of the cost of the
935	project consisting of bond financing costs, such as capitalized
936	interest, funded reserves, and bond discount included in the
937	estimated cost of the project, upon payment in full of any
938	assessment during such period prior to the time such financing
939	costs are incurred as may be specified by the board.
940	(8)  The non-ad valorem assessments shall be payable at the
941	time and in the manner stipulated in the resolution providing
942	for the improvement; shall remain liens, coequal with the lien
943	of all state, county, district, and municipal taxes, superior in
944	dignity to all other liens, titles, and claims, until paid;
945	shall bear interest, at a rate not to exceed the percentage
946	authorized by section 170.09, Florida Statutes, for municipal
947	special assessments or, if bonds are issued pursuant to this
948	chapter, at a rate not to exceed 1 percent above the rate of
949	interest at which the bonds authorized pursuant to this act and
950	used for the improvement are sold, from the date of the
951	acceptance of the improvement; and may, by the resolution
952	aforesaid and only for capital outlay projects, be made payable
953	in equal installments over a period not to exceed 20 years, to
954	which, if not paid when due, there shall be added a penalty at
955	the rate of 1 percent per month, until paid. However, the
956	assessments may be paid without interest at any time within 30
957	days after the improvement is completed and a resolution
958	accepting the same has been adopted by the board.
959	(9)  The non-ad valorem assessments approved by the board
960	may be levied, assessed, and collected pursuant to section
961	197.3632, Florida Statutes. The collection and enforcement of
962	the non-ad valorem assessment levied by the district shall be at
963	the same time and in like manner as county taxes.
964	(10)  All assessments shall constitute a lien upon the
965	property so assessed from the date of confirmation of the
966	resolution ordering the improvement of the same nature and to
967	the same extent as the lien for general county, municipal, or
968	district taxes falling due in the same year or years in which
969	such assessments or installments thereof fall due, and any
970	assessment or installment not paid when due shall be collected
971	with such interest and with reasonable attorney?s fees and
972	costs, but without penalties, by the district by proceedings in
973	a court of equity to foreclose the lien of assessment as a lien
974	for mortgages is or may be foreclosed under the laws of the
975	state, provided that any such proceedings to foreclose shall
976	embrace all installments of principal remaining unpaid with
977	accrued interest thereon, which installments shall, by virtue of
978	the institution of such proceedings immediately become due and
979	payable. Nevertheless, if, prior to any sale of the property
980	under decree of foreclosure in such proceedings, payment be made
981	of the installment or installments which are shown to be due
982	under the provisions of the resolution passed pursuant to this
983	section, and all costs including attorney?s fees, such payment
984	shall have the effect of restoring the remaining installments to
985	their original maturities and the proceedings shall be
986	dismissed. It shall be the duty of the district to enforce the
987	prompt collection of assessments by the means herein provided,
988	and such duty may be enforced at the suit of any holder of bonds
989	issued under this act in a court of competent jurisdiction by
990	mandamus or other appropriate proceedings or action. Not later
991	than 30 days after the annual installments are due and payable,
992	it shall be the duty of the board to direct the attorney or
993	attorneys whom the board shall then designate to institute
994	actions within 3 months after such direction to enforce the
995	collection of all non-ad valorem assessments for improvements
996	made under this section and remaining due and unpaid at the time
997	of such direction. Such action shall be prosecuted in the manner
998	and under the conditions in and under which mortgages are
999	foreclosed under the laws of the state. It shall be lawful to
1000	join in one action the collection of assessments against any or
1001	all property assessed by virtue of the same assessment roll
1002	unless the court shall deem such joiner prejudicial to the
1003	interest of any defendant. The court shall allow reasonable
1004	attorney?s fees for the attorney or attorneys of the district,
1005	and the same shall be collectible as a part of or in addition to
1006	the costs of the action. At the sale pursuant to decree in any
1007	such action, the district may be a purchaser to the same extent
1008	as an individual person or corporation, except that the part of
1009	the purchase price represented by the assessments sued upon and
1010	the interest thereon need not be paid in cash. Property so
1011	acquired by the district may be sold or otherwise disposed of,
1012	the proceeds of such disposition to be placed in the fund
1013	provided by subsection (11). However, no sale or other
1014	disposition thereof shall be made unless the notice calling for
1015	bids therefor to be received at a stated time and place shall
1016	have been published in a newspaper of general circulation in the
1017	district once in each of 4 successive weeks prior to such
1018	disposition.
1019	(11)  All assessments and charges made under the provisions
1020	of this section for the payment of all or any part of the cost
1021	of any improvements for which assessment bonds shall have been
1022	issued under the provisions of this act are hereby pledged to
1023	the payment of the principal of and the interest on such
1024	assessment bonds and shall, when collected, be placed in a
1025	separate fund, properly designated, which fund shall be used for
1026	no other purpose than the payment of such principal and
1027	interest.
1028	(12)  The counties in which the district is located and
1029	each school district and other political subdivision wholly or
1030	partly within the district shall be subject to the same duties
1031	and liabilities in respect of assessment under this section
1032	affecting the real estate of such counties, school districts, or
1033	other political subdivisions which private owners of real estate
1034	are subject to hereunder, and such real estate of any such
1035	counties, school districts, and political subdivision shall be
1036	subject to liens for said assessments in all cases where the
1037	same property would be subject had it at the time the lien
1038	attached been owned by a private owner, except that no such lien
1039	may be foreclosed unless and until said real estate is conveyed
1040	to a person or entity which is not a political subdivision.
1041	Section 10.  The board shall cause to be made at least once
1042	each year a comprehensive report of its water system, wastewater
1043	reuse system, and wastewater system including all matters
1044	relating to rates, revenues, expenses of maintenance, repair,
1045	and operation and renewals and capital replacements, principal
1046	and interest requirements, and the status of all funds and
1047	accounts. Copies of such general report shall be filed with the
1048	vice chair and shall be open to public inspection.
1049	Section 11.  Any holder of bonds issued under the
1050	provisions of this act, or of any of the coupons appertaining
1051	thereto, except as to the extent that the rights herein granted
1052	may be restricted by the resolution authorizing the issuance of
1053	such bonds, may, either at law or in equity, by suit, mandamus,
1054	or other proceeding, protect and enforce any and all rights
1055	under the laws of the state or granted hereunder or under such
1056	resolutions, and may enforce and compel the performance of all
1057	duties required by this act and by such resolutions to be
1058	performed by the district or by the board or by any officer or
1059	officers or employees thereof, including the fixing and charging
1060	and collecting of rates, fees, and charges for the services and
1061	facilities furnished by the water system, wastewater reuse
1062	system, or wastewater system and the due and proper collection
1063	of any non-ad valorem assessments pledged therefor.
1064	Section 12.  (1)  As the exercise of the powers conferred
1065	by this act constitutes the performance of essential public
1066	functions and as the systems constructed under the provisions of
1067	this act constitute public property used for public purposes,
1068	such district and the property thereof, including all revenues,
1069	moneys, or other assets of any type or character, shall not be
1070	subject to taxation by the state or any political subdivision,
1071	agency, instrumentality, or municipality thereof, and it is
1072	hereby expressly found determined and declared that all of the
1073	lands and real estate in said district will be benefited by the
1074	construction or acquisition of the systems, and additions,
1075	extensions, and improvements thereto, provided for in this act.
1076	(2)  All bonds or other obligations issued under this act
1077	shall be exempt from all taxation by the state or any county,
1078	municipality, or political subdivision thereof; however, the
1079	exemption does not apply to any tax imposed by chapter 220,
1080	Florida Statutes, on interest, income, or profits on debt
1081	obligations owned by corporations. Such bonds or other
1082	obligations shall be and constitute securities eligible for
1083	deposit as collateral to secure any state, county, municipal, or
1084	other public funds, and shall also be and constitute legal
1085	investments for any banks, savings banks, trust funds,
1086	executors, administrators, state, county, municipal, or other
1087	public funds, or any other fiduciary funds.
1088	Section 13.  In any case in which the character or
1089	condition of the sewage from or originating in any manufacturing
1090	or industrial plant or building or premises is such that it
1091	imposes an unreasonable burden upon the wastewater system, an
1092	additional charge may be made therefor or the board may, if it
1093	deems it advisable, compel such manufacturing or industrial
1094	plant, building, or premises to treat such wastewater in such
1095	manner as shall be specified by the board before discharging
1096	such wastewater into any wastewater lines owned, maintained, or
1097	operated by the district.
1098	Section 14.  The district is authorized to enter into any
1099	agreement for the delivery of any revenue bonds, assessment
1100	bonds, or any combination thereof, at one time or from time to
1101	time as full or partial payment for any work done by any
1102	contractor who may have been awarded a contract for the
1103	construction of all or any part of any system. However, any such
1104	bonds so delivered for payment of services shall have been
1105	authorized and issued pursuant to the provisions of this act and
1106	shall otherwise conform to the provisions thereof.
1107	Section 15.  (1)  All contracts for the purchase of
1108	commodities or contractual services in excess of $25,000 let,
1109	awarded, or entered into by the district for the construction,
1110	reconstruction, or addition to any system shall be publicly
1111	advertised and bid. The board shall adopt procedures for public
1112	advertisement and call for sealed bids, which procedures may
1113	vary the frequency and length of publication based on the amount
1114	of the procurement.
1115	(2)  Such advertisement for bids, in addition to the other
1116	necessary and pertinent matter, shall state in general terms the
1117	nature and description of the improvement or improvements to be
1118	undertaken and shall state that detailed plans and
1119	specifications for such work are on file in the office of the
1120	vice chair or will be mailed upon request to interested parties.
1121	The award shall be made to the responsible and competent bidder
1122	or bidders who shall offer to undertake the improvements at the
1123	lowest cost to the district and such bidder or bidders shall be
1124	required to file bond for the full and faithful performance of
1125	such work and the execution of any such contract in such amount
1126	as the board shall determine. No criteria may be used in
1127	determining the acceptability of the bid that was not set forth
1128	in the invitation to bid. The contract shall be awarded with
1129	reasonable promptness by written notice to the qualified and
1130	responsive bidder that submits the lowest responsive bid.
1131	(3)  When the board determines that the use of competitive
1132	sealed bidding is not practicable, commodities or contractual
1133	services shall be procured by competitive sealed proposals. A
1134	request for proposals which includes a statement of the
1135	commodities or contractual services sought and all contractual
1136	terms and conditions applicable to the procurement, including
1137	the criteria, which shall include, but not be limited to, price,
1138	to be used in determining acceptability of the proposal shall be
1139	issued. To ensure full understanding of and responsiveness to
1140	the solicitation requirement, discussions may be conducted with
1141	qualified offerors. The offerors shall be accorded fair and
1142	equal treatment prior to the submittal dates specified in the
1143	request for proposals with respect to any opportunity for
1144	discussion and revision of proposals. The award shall be made to
1145	the responsible offeror whose proposal is determined in writing
1146	to be the most advantageous to the district, taking into
1147	consideration the price and the other criteria set forth in the
1148	request for proposals.
1149	(4)  If the chair of the board, or his or her designee,
1150	determines in writing that an immediate danger to the public
1151	health, safety, or welfare or other substantial loss to the
1152	district requires emergency action, the provisions of this
1153	section requiring competitive bidding or proposals shall be
1154	waived. After the chair or his or her designee makes such a
1155	written determination, the district may proceed with the
1156	procurement of commodities or contractual services necessitated
1157	by the immediate danger, without competition. However, such
1158	emergency procurement shall be made with such competition as is
1159	practicable under the circumstances. Commodities or contractual
1160	services available only from a single source may be excepted
1161	from the bid requirements if it is determined that such
1162	commodities or services are available only from a single source
1163	and such determination is documented and approved by the board.
1164	Nothing in this section shall be deemed to prevent the district
1165	from hiring or retaining such consulting engineers, or other
1166	professionals or other technicians as it shall determine, in its
1167	discretion, consistent with the requirements of section 287.055,
1168	Florida Statutes, or for undertaking any construction work with
1169	its own resources and without any such public advertisement.
1170	Section 16.  The same rates, fees, charges, and non-ad
1171	valorem assessments shall be fixed, levied, and collected on the
1172	property, officers, and employees of the counties, or any school
1173	district, or other political subdivision included within the
1174	district, as are fixed, levied, and collected on all other
1175	properties or persons in the district as provided in this act.
1176	Section 17.  Any county, municipality, or other political
1177	subdivision is authorized to sell, lease, grant, or convey any
1178	real or personal property to the district and any such sale,
1179	grant, lease, or conveyance may be made without formal
1180	consideration. The district is authorized to classify as surplus
1181	any of its property and dispose of such property consistent with
1182	the provisions of sections 274.05 and 274.06, Florida Statutes.
1183	Section 18.  No system or portion thereof shall be
1184	constructed within the district unless the board shall give its
1185	consent thereto and approve the plans and specifications
1186	therefor, subject, however, to the terms and provisions of any
1187	resolution authorizing any bonds and agreements with
1188	bondholders.
1189	Section 19.  The board shall have no power to mortgage,
1190	pledge, encumber, sell, or otherwise convey all or any part of
1191	its systems except as otherwise provided in this act, except
1192	that the board may dispose of any part of such system or systems
1193	as may be no longer necessary for the purposes of the district.
1194	The provisions of this section shall be deemed to constitute a
1195	contract with all bondholders. All district property shall be
1196	exempt from levy and sale by virtue of an execution and no
1197	execution or other judicial process shall issue against such
1198	property, nor shall any judgment against the district be a
1199	charge or lien on its property, provided that nothing herein
1200	contained shall apply to or limit the rights of bondholders to
1201	pursue any remedy for the enforcement of any lien or pledge
1202	given by the district on revenues derived from the operation of
1203	any system.
1204	Section 20.  The state does hereby pledge to and covenant
1205	and agree with the holders of any bonds issued pursuant to this
1206	act that the state will not limit or alter the rights hereby
1207	vested in the district to acquire, construct, maintain,
1208	reconstruct, and operate its systems and to fix, establish,
1209	charge, and collect its service charges therefor, and to fulfill
1210	the terms of any agreement made with the holders of such bonds
1211	or other obligations, and will not in any way impair the rights
1212	or remedies of such holders, until the bonds, together with
1213	interest thereon, with interest on any unpaid installments of
1214	interest, and all costs and expenses in connection with any
1215	action or proceeding by or on behalf of such holders, are fully
1216	met and discharged.
1217	Section 21.  The provisions of this act shall be deemed to
1218	constitute a contract with the holders of any bonds issued
1219	hereunder and shall be liberally construed to effect its
1220	purposes and shall be deemed cumulative and supplemental to all
1221	other laws.
1222	Section 22.  If any section or provision of this act is
1223	held to be invalid or inoperative, then the same shall be deemed
1224	severable from and shall not affect the validity of any of the
1225	other provisions hereof.
1226	Section 23.  The district may assume the operation of any
1227	system which substantially fails to meet its financial
1228	responsibilities or operating standards pursuant to this act or
1229	other laws and regulations of the state, if the board determines
1230	that such action is in the public interest and the system owner
1231	conveys ownership to the district.
1232	Section 24.  The board may lease or license the use of any
1233	real or personal property of the district upon such terms,
1234	conditions, and for such consideration as the board deems
1235	appropriate. However, no such lease or license shall be for a
1236	period exceeding 20 years in duration, unless renewed, and
1237	provided that the lease or license shall be restricted to permit
1238	the grantee to use such property during the term of the lease or
1239	license only for civic or public purposes or purposes not in
1240	conflict with this act or general law.
1241	Section 25.  The district may, in addition to other
1242	provisions of this act providing for the accrual of interest,
1243	assess an interest charge on contractual obligations owed the
1244	district. Such interest shall accrue at an annual percentage
1245	rate as provided in chapter 687, Florida Statutes, or as
1246	otherwise provided by contract. Such accrued interest charges,
1247	if payment thereof becomes delinquent, may be recovered in the
1248	same manner as provided in this act for other delinquent rates,
1249	fees, charges, or penalties.
1250	Section 26.  The members of the board of supervisors shall
1251	be subject to recall as provided by general law for elected
1252	officers of municipalities.
1253	Section 27.  Any person who shall steal or damage district
1254	property, or tamper with or alter district property or threaten
1255	or cause actual harm to public health commits a criminal offense
1256	and misdemeanor within the meaning of section 775.08, Florida
1257	Statutes, unless such offense is of a higher degree in general
1258	law, and shall be punishable as provided by law.
1259	Section 28.  All contracts, obligations, rules,
1260	regulations, or policies of any nature existing on the date of
1261	enactment of this act shall remain in full force and effect and
1262	this act shall in no way affect the validity of such contracts,
1263	obligations, rules, regulations, or policies.
1264	Section 29.  This act shall not affect the terms of office
1265	of the present district board, nor shall it affect the terms and
1266	conditions of employment of any employees of the district.
1267	Section 4.  Chapters 59-931, 67-811, 71-480, 85-406, 86-
1268	420, 89-400, 90-408, 91-357, 92-271, 94-437, and 96-499, Laws of
1269	Florida, are repealed.
1270	Section 5.  It is declared to be the intent of the
1271	Legislature that if any section, subsection, sentence, clause,
1272	phrase, or portion of this act is, for any reason, held invalid
1273	or unconstitutional by a court of competent jurisdiction, such
1274	portion shall be deemed to be a separate, distinct, and
1275	independent provision and such holdings shall not affect the
1276	validity of the remaining portions of this act.
1277	Section 6.  This act shall be construed as a remedial act
1278	and the provisions of this act shall be liberally construed in
1279	order to effectively carry out the purpose of this act in the
1280	interest of the public health, welfare, and safety of the
1281	citizens served by the district.
1282	Section 7.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.