HB 1381

CS

CHAMBER ACTION

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