1 | A bill to be entitled |
2 | An act relating to the Lake Region Lakes Management |
3 | District, Polk County; codifying, reenacting, and amending |
4 | the district's special acts; specifying purpose and |
5 | territorial boundaries of the district; providing for |
6 | election of a board of commissioners; providing powers and |
7 | duties of the board; providing oath of office; providing |
8 | for filling of vacancies; providing for compensation of |
9 | the board; providing for officers; providing for levy of |
10 | ad valorem taxes by the district; specifying duties of |
11 | county and state officers; providing for collection of |
12 | taxes; authorizing the district to obtain loans with |
13 | maturities of up to 5 years for purposes of paying other |
14 | outstanding indebtedness, meeting extraordinary expenses, |
15 | funding temporary budget deficits, or implementing the |
16 | general powers and authority of the district board of |
17 | commissioners; providing for issuance of revenue bonds, |
18 | general obligation bonds, and other indebtedness; |
19 | providing for refunding bonds; providing for planning; |
20 | providing for certain disclosures and notices; providing |
21 | for liability insurance; specifying use of tax receipts |
22 | and bond proceeds; providing for a district manager; |
23 | providing for rules regulating the use of district |
24 | property; prohibiting certain discharges into waters or |
25 | interference with waters; providing penalties; providing |
26 | qualifications of electors; providing severability; |
27 | providing for dissolution and amendment; limiting extra- |
28 | territorial authority of the district; providing for |
29 | immunity from liability; repealing chapters 8378 (1919), |
30 | 23491 (1945), 31189 (1955), 65-2134, 84-517, 90-499, 97- |
31 | 344, and 2000-407, Laws of Florida, relating to the |
32 | district; providing an effective date. |
33 |
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34 | Be It Enacted by the Legislature of the State of Florida: |
35 |
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36 | Section 1. Pursuant to section 189.429, Florida Statutes, |
37 | this act constitutes the codification of all special acts |
38 | relating to the Lake Region Lakes Management District. It is the |
39 | intent of the Legislature in enacting this law to provide a |
40 | single, comprehensive special act charter for the district, |
41 | including all current legislative authority granted to the |
42 | district by its several legislative enactments and any |
43 | additional authority granted by this act. It is further the |
44 | intent to preserve all district authority, including the |
45 | authority to increase the short-term borrowing listed in section |
46 | 10 from 2 years to 5 years for the added purpose of implementing |
47 | those existing general powers and authority of the district. |
48 | Section 2. Chapters 8378 (1919), 23491 (1945), 31189 |
49 | (1955), 65-2134, 84-517, 90-499, 97-344, and 2000-407, Laws of |
50 | Florida, relating to the Lake Region Lakes Management District, |
51 | are codified, reenacted, amended, and repealed as provided in |
52 | this act. |
53 | Section 3. The charter for the Lake Region Lakes |
54 | Management District is re-created and reenacted to read: |
55 | Section 1. Purpose and territorial boundaries.--That for |
56 | the purpose of acquiring, constructing, operating, maintaining, |
57 | and protecting a system of boat canals, drainage canals; dams, |
58 | locks, and other proper and necessary works in connection |
59 | therewith, for the purpose of aiding in flood control, lake |
60 | level management, and protecting, maintaining, and improving the |
61 | water quality in the lakes and canals in conjunction with state, |
62 | county, and city agencies, for the purpose of connecting the |
63 | lakes within or adjacent to the boundaries hereinafter |
64 | prescribed, and for moving waters out of such lakes, and for the |
65 | purpose of promoting access to the lakes and the public |
66 | convenience, utility, and welfare, the Lake Region Lakes |
67 | Management District (the "district"), in Polk County has been |
68 | created and established, and is hereby confirmed, as an |
69 | independent special district, the territorial boundaries of |
70 | which are as follows, to wit: |
71 |
|
72 | Beginning at the center of east line of section 2, or |
73 | township twenty-eight (28) south, of range twenty-six |
74 | (26) east; thence south with section line between |
75 | section one (1) and two (2), eleven (11) and twelve |
76 | (12), thirteen (13) and fourteen (14), twenty-three |
77 | (23) and twenty-four (24), to the northeast corner of |
78 | section twenty-six (26) said township and range; |
79 | Thence east on section line to northeast corner of |
80 | northwest quarter of section twenty-five (25), thence |
81 | south with the half section line to the center of |
82 | section thirteen (13), township 29 south, range 26 |
83 | east; Thence west on the half section line to the |
84 | southwest corner of the northwest quarter of section |
85 | line to the southwest corner of the northwest quarter |
86 | of section sixteen (16) said township and range; |
87 | Thence north with section line to the northwest corner |
88 | of the southwest quarter of section four (4), said |
89 | township and range; Thence west with the half section |
90 | line to center of section six (6) said township and |
91 | range; Thence north with half section line to the |
92 | northwest corner of northeast quarter (NE 1/4) of |
93 | section thirty-one (31), township 28 south, range 26 |
94 | east; Thence west with section line to southeast |
95 | corner of section twenty-five (25), township 28 south, |
96 | range 25 east; Thence north with the section line to |
97 | the northeast corner of section twenty-four (24), said |
98 | township and range; Thence west to center of north |
99 | line of section twenty-four(24); thence north with |
100 | half section line to center of section one (1), |
101 | township 28, range 25; Thence east with the half |
102 | section line to the northeast corner of southeast |
103 | quarter (SE 1/4) of section two (2), township 28 |
104 | south, range 26 east, the point of beginning; |
105 | embracing within said district the following lands, |
106 | viz; The south half of sections two, three, four, five |
107 | and six and all of sections seven, eight, nine, ten, |
108 | eleven, fourteen, fifteen, sixteen, seventeen, |
109 | eighteen, nineteen, twenty, twenty-one, twenty-two, |
110 | twenty-three, twenty-six, twenty-seven, twenty-eight, |
111 | twenty-nine, thirty, thirty-two, thirty-three, thirty- |
112 | four, and thirty-five and the west half of sections |
113 | twenty-five and thirty-six and the east half of |
114 | section thirty-one in township 28 south, range 26 east |
115 | and all of sections two, three, four, nine, ten and |
116 | eleven, and the west half of sections one and twelve |
117 | and the north half of sections five, fourteen, fifteen |
118 | and sixteen and the northeast quarter of section six |
119 | and the northwest quarter of section thirteen in |
120 | township 29 south, range 26 east, and the east half of |
121 | sections twelve and thirteen, and the southeast |
122 | quarter of section one in township 28 south, range 25 |
123 | east. |
124 |
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125 | And: |
126 |
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127 | Beginning at the Northwest corner of Section 2, |
128 | Township 28 South, Range 26 East, Polk County, |
129 | Florida; |
130 |
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131 | Run thence Easterly, along the north line thereof, to |
132 | the Northeast corner of the West one-half of the |
133 | Northeast quarter of said Section 2; |
134 |
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135 | Thence Southerly, along said east line of the west |
136 | one-half of the Northeast quarter of said Section 2, |
137 | to the Southeast corner thereof; |
138 |
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139 | Thence Westerly, along the south line of the west one- |
140 | half of the Northeast quarter and the south line of |
141 | the Northwest quarter of said Section 2, to the |
142 | Southeast corner of the north one-half of Section 3, |
143 | Township 28 South, Range 26 East; |
144 |
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145 | Thence continue Westerly, along the south line of the |
146 | North one-half of said Section 3, to the southeast |
147 | corner of the north one-half of Section 4, Township 28 |
148 | South, Range 26 East; |
149 |
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150 | Thence continue Westerly, along the south line of the |
151 | north one-half of said Section 4, to the southeast |
152 | corner of the north one-half of Section 5, Township 28 |
153 | South, Range 26 East; |
154 |
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155 | Thence continue Westerly, along the south line of the |
156 | north one-half of said Section 5, to the southeast |
157 | corner of the north one-half of Section 6, Township 28 |
158 | South, Range 26 East; |
159 |
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160 | Thence continue Westerly, along the south line of the |
161 | north one-half of said Section 6, to the southeast |
162 | corner of the Northeast quarter of Section 1, Township |
163 | 28 South, Range 25 East; |
164 |
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165 | Thence continue Westerly, along the south line of the |
166 | Northeast quarter and the south line of the Northwest |
167 | quarter of said Section 1, to the southwest corner of |
168 | the East one-half of the Northwest quarter of said |
169 | Section 1; |
170 |
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171 | Thence Northerly, along the west line of the East one- |
172 | half of the Northwest quarter of said Section 1, to |
173 | the northwest corner thereof; |
174 |
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175 | Thence Easterly, along the north line of the East one- |
176 | half of the Northwest quarter of said Section 1, to |
177 | the southwest corner of the South one-half of the |
178 | Southeast quarter of Section 36, Township 27 South, |
179 | Range 25 East; |
180 |
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181 | Thence Northerly, along the west line of the South |
182 | one-half of the Southeast quarter of said Section 36, |
183 | to the northwest corner thereof; |
184 |
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185 | Thence Easterly, along the north line of the South |
186 | one-half of the Southeast quarter of said Section 36, |
187 | to the northeast corner thereof, also being a point on |
188 | the westerly line of Section 31, Township 27 South, |
189 | Range 26 East; |
190 |
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191 | Thence Northerly, along the west line of said Section |
192 | 31, to the southwest corner of Section 30, Township 27 |
193 | South, Range 26 East; |
194 |
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195 | Thence continue Northerly, along the west line of said |
196 | Section 30, to the southwest corner of Section 19, |
197 | Township 27 South, Range 26 East; |
198 |
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199 | Thence continue Northerly, along the west line of said |
200 | Section 19, to the northwest corner thereof; |
201 |
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202 | Thence Easterly, along the north line of said Section |
203 | 19, to the northwest corner of Section 20, Township 27 |
204 | South, Range 26 East; |
205 |
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206 | Thence continue Easterly, along the north line of said |
207 | Section 20, to the southwest corner of the Southeast |
208 | quarter of the Southeast quarter of Section 17, |
209 | Township 27 South, Range 26 East; |
210 |
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211 | Thence Northerly, along the west line of the Southeast |
212 | quarter of the Southeast quarter of said Section 17, |
213 | to the northwest corner thereof; |
214 |
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215 | Thence Easterly, along the north line of the Southeast |
216 | quarter of the Southeast quarter of said Section 17, |
217 | to the northeast corner thereof; |
218 |
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219 | Thence Southerly, along the east line of the Southeast |
220 | quarter of the Southeast quarter of said Section 17, |
221 | to the Northwest corner of Section 21, Township 27 |
222 | South, Range 26 East; |
223 |
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224 | Thence Easterly, along the north line of said Section |
225 | 21, to the northeast corner thereof; |
226 |
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227 | Thence Southerly, along the east line of said Section |
228 | 21, to the northwest corner of the Southwest quarter |
229 | of Section 22, Township 27 South, Range 26 East; |
230 |
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231 | Thence Easterly, along the north line of the Southwest |
232 | quarter of said Section 22, to the northeast corner |
233 | thereof; |
234 |
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235 | Thence Southerly, along the east line of the Southwest |
236 | quarter of said Section 22, to the southeast corner |
237 | thereof, also being a point on the north line of |
238 | Section 27, Township 27 South, Range 26 East; |
239 |
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240 | Thence Easterly, along the north line of said Section |
241 | 27, to the northeast corner thereof; |
242 |
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243 | Thence Southerly, along the east line of said Section |
244 | 27, to the northeast corner of Section 34, Township 27 |
245 | South, Range 26 East; |
246 |
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247 | Thence continue Southerly, along the east line of said |
248 | Section 34, to the southeast corner thereof and the |
249 | Point of Beginning. |
250 |
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251 | All of the above lands lying in Polk County, Florida. |
252 |
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253 | Section 2. Elections.--The governing body of the district |
254 | shall consist of three commissioners who shall be qualified |
255 | electors residing within said district and they shall be known |
256 | and designated as the "Board of Commissioners of the Lake Region |
257 | Lakes Management District." The board of commissioners shall be |
258 | the governing body of the district, whose duty, authority, and |
259 | power shall be as provided in this act. Each present |
260 | commissioner shall continue to hold office until his or her |
261 | current term expires in 1990. For the purposes of qualification |
262 | and running for office in 1990 and thereafter, commission seats |
263 | shall be designated as seat 1, seat 2, and seat 3. Members |
264 | elected to seats 1 and 3 at the 1990 general election shall hold |
265 | office for a period of 4 years until the general election in |
266 | 1994. The member elected to seat 2 shall hold office for a |
267 | period of 2 years until the general election of 1992 whereupon |
268 | the member elected for that seat in 1992 shall hold office for a |
269 | period of 4 years. Thereafter, all commissioners shall hold |
270 | office for terms of 4 years each. At the general election every |
271 | 4 years, a successor shall be elected by the electors of the |
272 | district. Members shall be elected in a nonpartisan fashion with |
273 | no political party affiliation shown on the ballot, and must |
274 | receive a majority vote of those electors voting in the |
275 | election. Election of members shall be held at the same time as |
276 | the first primary election as provided by law. If no candidate |
277 | receives a majority of the votes cast in such primary, a runoff |
278 | election of the two candidates receiving the greatest number of |
279 | votes will be held at the same time as the general election. |
280 | Elected commissioners shall take office on the first Tuesday |
281 | following the first Monday in January following their election. |
282 | Section 3. General powers and authority.-- |
283 | (1) The board of commissioners is authorized and |
284 | empowered: |
285 | (a) To adopt bylaws, rules, and regulations for the |
286 | administration of its affairs and the conduct of its business. |
287 | (b) To adopt and alter an official seal. |
288 | (c) To purchase, lease, sell, exchange, or otherwise |
289 | acquire or dispose of real property and rights-of-way and to |
290 | construct, reconstruct, improve, extend, enlarge, relocate, |
291 | equip, operate, repair, and maintain such boat canals and |
292 | drainage canals, dams, locks, canal banks, lake shores, water |
293 | control structures, stormwater control and treatment facilities, |
294 | and other facilities necessary or proper to further the purposes |
295 | of this act. However, any such stormwater control or treatment |
296 | facility project shall be undertaken only with the concurrence |
297 | of the governing body having jurisdiction over the area |
298 | involved. |
299 | (d) To beautify and maintain the rights-of-way, canal |
300 | banks and berms, lakes, public lake shores, and other property |
301 | of the district as may enhance the appearance thereof and be |
302 | beneficial to the property of the district. To the extent this |
303 | work takes place on property owned by private entities or other |
304 | public agencies, the prior permissions of such entities or |
305 | agencies shall be required. |
306 | (e) To construct and maintain boat ramps, boat landings, |
307 | and launching basins and bases and any and all other works |
308 | necessary or proper for the purpose of maintaining or providing |
309 | access to the canals and lakes and any and all other property |
310 | and facilities of the district. |
311 | (f) To take those measures necessary for the control of |
312 | undesirable aquatic and canal bank plants or pests, as |
313 | determined by the board of commissioners, using best management |
314 | practices. |
315 | (g) To take all measures as may be conducive to the |
316 | conservation of water, to the protection and improvement of |
317 | water quality, and to the maintenance of navigable water levels |
318 | in the lakes and canals within or adjacent to the district. |
319 | (h) To borrow money and issue bonds and other certificates |
320 | of indebtedness pursuant to the terms of this act as hereinafter |
321 | set forth. |
322 | (i) To sue and be sued. |
323 | (j) To make and enter into all contracts and agreements |
324 | necessary or incidental to the performance of the duties imposed |
325 | and execution of the powers granted under this act, and to |
326 | employ a district manager and such engineers, attorneys, |
327 | accountants, employees, and agents as may, in the judgment of |
328 | the board of commissioners, be deemed necessary or convenient, |
329 | and to fix their compensation. |
330 | (k) To cooperate with and contract with the government of |
331 | the United States or the state or any agency or instrumentality |
332 | of either thereof, or with any municipality, district, private |
333 | corporation, partnership, association, or individual providing |
334 | for, relating to, or affecting publicly owned canals, dams, boat |
335 | ramps, public access, parks, locks, lakes, stormwater control |
336 | and treatment facilities, and water quality within the district, |
337 | or the issuance of bonds or other indebtedness relating thereto. |
338 | (l) To prepare and adopt a long-range lakes management |
339 | plan as set forth in section 13. |
340 | (m) To exercise the power of eminent domain, pursuant to |
341 | chapters 73 and 74, Florida Statutes, as amended from time to |
342 | time, for the purposes of reconstructing, improving, extending, |
343 | enlarging, equipping, repairing, and maintaining existing dams, |
344 | locks, public canals, and administrative facilities of the |
345 | district. |
346 | (n) To do all acts or things necessary or convenient to |
347 | carry out the powers expressly granted in this act. |
348 | (2) The construction and maintenance of canals connecting |
349 | and managing the lakes, the development and maintenance of areas |
350 | adjoining the lakes and canals within the district, the |
351 | construction of stormwater control and treatment facilities, the |
352 | construction and operation of water control structures as needed |
353 | within canals affecting lakes within the district, and other |
354 | works of the district in connection therewith, are hereby found |
355 | to be of great importance, benefit, and utility to the |
356 | inhabitants of the district. The district is specifically |
357 | authorized and empowered to exercise the powers granted under |
358 | this section outside the geographical limits of the district, |
359 | but within the drainage basins containing the lakes within the |
360 | district, when such exercise is necessary or convenient to |
361 | further the purposes of the district and upon the concurrence of |
362 | the governing body having jurisdiction over the area involved. |
363 | Section 4. Oath of office and vacancy.--Each commissioner |
364 | under this act, before he or she assumes the duties of such |
365 | office, shall take and prescribe to an oath, before an officer |
366 | authorized to administer oaths, that he or she will honestly, |
367 | faithfully, and impartially perform the duties devolving upon |
368 | him or her as commissioner of said district and that he or she |
369 | will not neglect any of the duties imposed upon him or her by |
370 | this act. The failure of any person elected as commissioner to |
371 | take such oath prior to the appointed time for their taking |
372 | office shall create a vacancy and such vacancy, and any vacancy |
373 | caused by the death, resignation, or removal from said district |
374 | of any commissioner, shall be filled by appointment by the |
375 | Governor of a person who shall be a resident and duly qualified |
376 | elector of said district. Such appointee shall serve for the |
377 | balance of the term until his or her successor is elected and |
378 | qualifies. |
379 | Section 5. Compensation.-- |
380 | (1) Each commissioner shall receive, from the funds of the |
381 | district, compensation for his or her services as established by |
382 | resolution of the board in the amount not to exceed $300 per |
383 | month, except that the chair of the board of commissioners may |
384 | be paid an additional sum of not more than $100 per month for |
385 | his or her services. The board may establish compensation |
386 | greater than $300 per month if approved by referendum held in |
387 | accordance with general law. |
388 | (2) The commissioners shall be entitled to receive per |
389 | diem and travel expense reimbursement as provided by general |
390 | law. |
391 | Section 6. Organization.--As soon as possible after a |
392 | newly elected commissioner takes office, the board of |
393 | commissioners shall elect one of its members as chair, one as |
394 | vice chair, and one as secretary/treasurer. Such officers shall |
395 | serve for a term of 1 year and until their successors are |
396 | elected and qualified. The secretary/treasurer of the district, |
397 | prior to entering upon his or her duties as such officer, or any |
398 | other officer or employee designated by the commission, shall |
399 | execute a surety bond in an amount to be determined by the board |
400 | of commissioners and conditioned upon the faithful performance |
401 | of the duties of the office or employment, such bond to be |
402 | signed by a surety company authorized to do business in Florida |
403 | and approved by the board of commissioners, and thereafter filed |
404 | with the Clerk of the Circuit Court of Polk County. A majority |
405 | of the board shall constitute a quorum for the transaction of |
406 | any business of the district. The board of commissioners may |
407 | additionally designate, by resolution, such additional offices |
408 | and officers, who need not be members of the board, as may be |
409 | necessary or convenient. Only duly elected commissioners shall |
410 | have the right to vote. |
411 | Section 7. Duties of board.--It shall be the duty of the |
412 | board of commissioners to: |
413 | (1) Cause to be kept a complete record of all its acts and |
414 | district affairs and make such record available to the general |
415 | public in accordance with general law. |
416 | (2) Employ a district manager and other employees of the |
417 | district and see that their duties are properly performed. |
418 | (3) Approve an annual budget for the district and make |
419 | appropriations for each fiscal year which, in any one year, |
420 | shall not exceed the amounts available from current income and |
421 | other revenue sources and unexpended funds from prior fiscal |
422 | years. |
423 | (4) Coordinate and cooperate with all other public |
424 | agencies having jurisdiction over the lakes located within the |
425 | district boundaries in the enforcement by those agencies of all |
426 | duly promulgated laws and regulations. |
427 | (5) Cooperate and provide information to Polk County, the |
428 | City of Winter Haven, and other appropriate governmental |
429 | agencies to assist them with long-range comprehensive planning |
430 | which would affect the lakes within the district. |
431 | (6) Otherwise manage the affairs of the district. |
432 | (7) Commissioners and all employees of the district shall |
433 | be guided in their conduct of district business by the Code of |
434 | Ethics for Public Officers and Employees, part III of chapter |
435 | 112, Florida Statutes, as amended from time to time. |
436 | Section 8. Taxes.-- |
437 | (1) The board of commissioners is hereby authorized and |
438 | empowered to levy upon all of the real and personal taxable |
439 | property in said district a special tax of such amount as may be |
440 | necessary, for the current year and for each and every year |
441 | thereafter, to pay the interest becoming due and payable |
442 | annually upon any general obligation bonds issued or money |
443 | borrowed by said district, and also to create a sinking fund for |
444 | the payment of the principal thereof at maturity, and also to |
445 | pay the notes or other obligations coming due, and to annually |
446 | levy a tax upon all of the real and personal taxable property in |
447 | the district not exceeding 1 mill for the purpose of paying the |
448 | expenses incurred in performing its duties and in carrying into |
449 | effect the purposes of this act and all amendments thereto. The |
450 | board of commissioners shall have the power to make such levy |
451 | for the purpose of providing a surplus or accumulation of funds |
452 | prior to creating indebtedness so that the same will be |
453 | available for discharging or paying for the indebtedness |
454 | whenever the same may be created. |
455 | (2) The levy of said tax shall be made not later than the |
456 | first day of September of each year by resolution of said board |
457 | or a majority thereof duly entered at large upon its minutes. |
458 | For the purpose of such levy the assessment roll made by the |
459 | property appraiser for said county and as returned to the |
460 | Comptroller of the state for each year shall be used; the value |
461 | of the property of railroads, telegraphs, and telephone |
462 | companies shall, as assessed for state and county purposes, be |
463 | the basis upon which said levy shall be made. Said levy shall be |
464 | certified in the name of said board by its chair and |
465 | secretary/treasurer and under its corporate seal to the property |
466 | appraiser and the Board of County Commissioners of Polk County, |
467 | and to the Comptroller of the state, not later than the 15th day |
468 | of September of each and every year. It shall be the duty of the |
469 | board of county commissioners to order the property appraiser to |
470 | assess, and the tax collector to collect the amount of tax |
471 | levied upon the property within said district, at the rate of |
472 | millage designated by the board of commissioners of said |
473 | district. |
474 | (3) It shall be the duty of the county property appraiser |
475 | to assess against the property within said district the taxes so |
476 | levied and certified by said board of commissioners of said |
477 | district, and to extend same upon the assessment roll in a |
478 | column for that purpose, and said levy shall be included in the |
479 | warrant of the property appraiser attached to the assessment |
480 | roll of taxes for said Polk County each year. It shall be the |
481 | duty of the Tax Collector of Polk County to collect such taxes |
482 | so levied, and assessed in the manner and at the same time as |
483 | state and county taxes are collected, and he or she shall pay |
484 | the same to the secretary/treasurer of the district within the |
485 | time prescribed by law for the payment of state and county |
486 | taxes. |
487 | (4) It shall be the duty of the Comptroller of the state |
488 | to assess and levy on all the railroad lines and railroad |
489 | property, telegraph lines and telegraph property, and telephone |
490 | lines and telephone property, situated in said district, the |
491 | amount of each such levy as in cases of state and county and |
492 | other special district taxes, and to collect the said taxes |
493 | thereon in the same manner as he or she is required by law to |
494 | assess and collect taxes for state and county purposes and to |
495 | remit the same to the secretary/treasurer of said district. All |
496 | said taxes shall be held by said secretary/treasurer for the |
497 | credit of said district, and shall be paid out by him or her as |
498 | provided herein. |
499 | Section 9. Collection of taxes.--The taxes levied and |
500 | assessed by the district upon the taxable property within said |
501 | district shall be and become delinquent if not paid on or before |
502 | the date on which other ad valorem taxes levied by the county |
503 | shall be delinquent, shall thereafter bear the same penalties, |
504 | and the payment thereof be enforced by the tax collector in the |
505 | same manner and at the same time as the county taxes upon said |
506 | property, and said property appraiser and tax collector shall |
507 | have and receive the same compensation for said assessment and |
508 | collection of said taxes as provided by general law for the |
509 | assessment and collection of a special tax which shall be |
510 | allowed and paid out of the taxes so collected for said |
511 | district. |
512 | Section 10. Short-term borrowing.--The district at any |
513 | time may obtain loans with maturities of up to 5 years, in such |
514 | amounts and on such terms and conditions as the board of |
515 | commissioners may approve, for the purposes of paying other |
516 | outstanding indebtedness, meeting extraordinary expenses, |
517 | funding temporary budget deficits, or implementing those items |
518 | included under section 3, which loans shall bear such interest |
519 | as the board of commissioners may determine in compliance with |
520 | section 215.84, Florida Statutes, as amended from time to time, |
521 | and may be payable from and secured by the full faith and credit |
522 | of the district or a pledge of particular funds, revenues, |
523 | taxes, and moneys available to the district. For such purposes, |
524 | the district may issue negotiable notes, warrants, or other |
525 | evidences of indebtedness to be payable at such times, to bear |
526 | such interest as the board of commissioners may determine in |
527 | compliance with section 215.84, Florida Statutes, as amended |
528 | from time to time, and to be sold at such price or prices and on |
529 | such terms as the board of commissioners may deem advisable. The |
530 | prior approval of the electors residing in the district shall |
531 | not be necessary to issue such short-term indebtedness, unless |
532 | so required by the Constitution of the State of Florida. |
533 | Section 11. Bonds of the district.-- |
534 | (1) The district shall have the power and is hereby |
535 | authorized from time to time to issue revenue bonds, general |
536 | obligation bonds, notes, or certificates of indebtedness |
537 | (hereinafter "bonds"), in such principal amount as, in the |
538 | opinion of the district, shall be necessary to provide |
539 | sufficient moneys for achieving its purposes, including, without |
540 | limitation, the cost of construction, reconstruction, |
541 | improvement, extension, repair, and relocation of canals, locks, |
542 | stormwater control and treatment facilities, and such other |
543 | improvements as may be deemed necessary or desirable for |
544 | carrying out the purposes and objects of the district. As used |
545 | herein, the word "costs" includes the cost of labor, materials, |
546 | and equipment; the cost of all lands, property rights, |
547 | easements, and franchises required; financing charges, interest, |
548 | and debt service prior to, during, and for a reasonable period |
549 | after construction; the cost of plans and specifications; |
550 | services and estimates of costs and of revenues; costs of |
551 | engineering and legal services; all expenses necessary or |
552 | incident to determining the feasibility or practicability of |
553 | such acquisitions or constructions; administrative expenses and |
554 | rebate obligations, if any, payable to the United States |
555 | Treasury; and such other expenses as may be necessary or |
556 | incidental to the acquisition or construction or the financing |
557 | herein authorized. |
558 | (2) No bonds may be issued pursuant to this section unless |
559 | the question of the issuance of such bonds shall be submitted to |
560 | and approved at a referendum held in accordance with the |
561 | requirements for such referendum as prescribed by general law. A |
562 | referendum shall be called by the Board of County Commissioners |
563 | for Polk County upon the request of the board of commissioners. |
564 | The expenses of calling and holding a referendum shall be borne |
565 | by the district, and the district shall reimburse the county for |
566 | any expenses incurred in calling or holding the referendum. If |
567 | the board of commissioners shall determine to issue bonds for |
568 | more than one purpose, the approval of the issuance of the bonds |
569 | for each and all such purposes may be submitted to the electors |
570 | on one and the same ballot. The failure of the electors to |
571 | approve the issuance of bonds for any one or more purposes shall |
572 | not defeat the approval of bonds for any purpose which shall be |
573 | approved by the electors. |
574 | (3) Bonds shall be authorized by resolution of the board |
575 | of commissioners and shall bear such date or dates, mature at |
576 | such time or times, not exceeding 40 years from their respective |
577 | dates, bear interest at a rate or rates as the board of |
578 | commissioners may determine in compliance with section 215.84, |
579 | Florida Statutes, as amended from time to time, be in such |
580 | denominations, be in such form, either coupon or registered, or |
581 | both, carry such registration, exchangeability, and |
582 | interchangeability privileges, be payable in such medium of |
583 | payment and at such place or places, be subject to such terms of |
584 | redemption and be entitled to such priorities of lien on the |
585 | revenues and other available moneys as such resolution or any |
586 | resolution subsequent thereto may provide. The bonds shall be |
587 | executed either by manual or facsimile signature by such |
588 | officers as the district shall determine, provided such bonds |
589 | shall bear at least one signature of an authenticated agent of |
590 | the district or of an officer of the district which is manually |
591 | executed thereon. The coupons attached to such bonds, if any, |
592 | shall bear the facsimile signature or signatures of such officer |
593 | or officers as shall be designated by the district. Such bonds |
594 | shall have the seal of the district affixed, imprinted, |
595 | reproduced, or lithographed thereon. Any resolution authorizing |
596 | the issuance of bonds may contain such covenants as the board of |
597 | commissioners may deem advisable and all such covenants shall |
598 | constitute valid and legally binding and enforceable contracts |
599 | between the district and the bondholders. The bonds may be sold |
600 | at public sale or at a negotiated sale after such advertisement, |
601 | if any, deemed advisable by the board of commissioners, at such |
602 | price or prices as the board of commissioners may determine to |
603 | be in the best interest of the district. |
604 | (4) Pending the sale of bonds which have been authorized |
605 | by resolution of the board of commissioners, bond anticipation |
606 | notes may be issued, on such terms and conditions as the |
607 | district may determine, to lenders or purchasers of such notes |
608 | and pending the preparation of definitive bonds, temporary bonds |
609 | or interim certificates may be issued to the purchaser or |
610 | purchasers of such bonds and may contain such terms and |
611 | conditions as the district may determine. |
612 | (5) All bonds issued under the provisions of this act |
613 | shall be and have, and are hereby declared to be and have, all |
614 | the qualities and incidents of negotiable instruments under the |
615 | Uniform Commercial Code-Investment Securities Law of the state. |
616 | (6) The district may enter into any deeds of trust, |
617 | indentures, or other agreements with any bank or trust company |
618 | within or without the state, as security for such bonds, and |
619 | may, under such agreements, assign and pledge all or any of the |
620 | revenues and other available moneys pursuant to the terms of |
621 | this act. |
622 | (7) The bonds issued under this section shall recite that |
623 | they are issued under the authority of this act. Neither the |
624 | board of commissioners nor any person executing the bonds shall |
625 | be liable personally on the bonds or be subject to any personal |
626 | liability or accountability by reason of the issuance thereof. |
627 | Bonds issued under the provisions of this act shall not |
628 | constitute a debt of Polk County or any municipality therein or |
629 | a pledge of the full faith and credit of Polk County or any |
630 | municipality therein, and a statement to that effect shall be |
631 | recited on the face of the bonds. |
632 | (8) The bonds issued under authority of this act shall not |
633 | be invalid for any irregularity or defect in the proceedings for |
634 | the issuance and sale thereof and shall be incontestable in the |
635 | hands of bona fide purchasers for value. Any owner or holder of |
636 | said bonds or coupons may, either at law or in equity, by suit, |
637 | action, or mandamus, enforce and compel the performance of any |
638 | of the duties required by this act or any of the officers or |
639 | persons mentioned herein in relation to said bonds, or the levy, |
640 | collection, enforcement, and application of the taxes, revenues, |
641 | or moneys available or pledged for the payment thereof. |
642 | (9) This act constitutes full and complete authority for |
643 | the issuance of bonds and exercise of powers of the district |
644 | provided herein. No procedures or proceedings, publications, |
645 | notices, consents, approvals, orders, acts, or things by the |
646 | board of commissioners or any board, officers, commission, |
647 | department, agency, or instrumentality of the district, other |
648 | than those required by this act, shall be required to issue |
649 | bonds under this act. |
650 | (10) Bonds issued pursuant to this act, including the |
651 | refunding bonds authorized pursuant to section 12, are hereby |
652 | made securities in which all public officers and public bodies |
653 | of the state and its political subdivisions, all insurance |
654 | companies, trust companies, banking associations, investment |
655 | companies, executors, administrators, trustees, and other |
656 | fiduciaries may properly and legally invest funds, including |
657 | capital in their control or belonging to them. Such bonds are |
658 | hereby made securities which may properly and legally be |
659 | deposited with and received by any state or municipal officer or |
660 | any agency or political subdivision of the state for any purpose |
661 | for which the deposit of bonds or obligations of the state is |
662 | now or may hereafter be authorized by law. |
663 | Section 12. Refunding bonds.--The district is authorized, |
664 | without prior referendum, to provide by resolution for the |
665 | issuance from time to time of bonds for the purpose of refunding |
666 | any bonds outstanding. The authorization, sale, and issuance of |
667 | such obligations, the maturities and details thereof, the rights |
668 | and remedies of the holders thereof, and the rights, powers, |
669 | privileges, duties, and obligations of the district with respect |
670 | to the same shall be governed by the provisions of section 11 |
671 | insofar as the same may be applicable. It is the express |
672 | intention of this act that outstanding bonds may be refunded and |
673 | retired by and upon the issuance of bonds notwithstanding that |
674 | all or a portion of such outstanding bonds will not mature or |
675 | become redeemable until after the date of issuance of such |
676 | refunding bonds, and the issuance of such advance refunding |
677 | bonds shall comply with the provisions of the Advance Refunding |
678 | Law, sections 132.33-132.47, Florida Statutes, as amended from |
679 | time to time. |
680 | Section 13. Planning.--In addition to other planning |
681 | responsibilities that may be imposed on the district by general |
682 | law, the board of commissioners shall each year, prior to the |
683 | passage of the tax levy resolution referred to in section 8, |
684 | review the long-range lakes management plan of the district |
685 | established by resolution to promote the purposes of this act. |
686 | Not less than 90 days prior to the passage of said tax levy, the |
687 | board of commissioners shall hold a public hearing for the |
688 | purpose of examining, updating, and/or revising the long-range |
689 | lakes management plan and for receiving public input related |
690 | thereto. |
691 | Section 14. Disclosure, notice, and reporting.--In |
692 | carrying out its activities hereunder, the board of |
693 | commissioners and the district shall comply with all applicable |
694 | disclosure, notice, and reporting procedures required by general |
695 | law. |
696 | Section 15. Liability insurance.--The board of |
697 | commissioners may secure and keep in force in amounts they may |
698 | determine, in companies duly authorized to do business in |
699 | Florida, liability insurance covering vehicles, properties, |
700 | premises, and legal liability. The board of commissioners, |
701 | however, may purchase such insurance from companies not duly |
702 | authorized to do business in Florida if equivalent insurance |
703 | coverage is not available from companies duly authorized to do |
704 | business in Florida. |
705 | Section 16. Application of taxes and investment of |
706 | funds.--It shall be the duty of said board of commissioners out |
707 | of the proceeds of the taxes levied, imposed, and collected by |
708 | or pursuant to the provisions of this act, which moneys so far |
709 | as necessary are hereby set apart for the purpose, to apply said |
710 | moneys and pay the interest on said bonds as the same fall due, |
711 | and at the maturity of said bonds of said moneys to pay the |
712 | principal thereof. Any funds of the district, including, without |
713 | limitation, bond proceeds, may be deposited in any bank or trust |
714 | company organized under the laws of the United States for the |
715 | State of Florida and may be invested and reinvested by the board |
716 | in obligations authorized by general law for the investment of |
717 | public funds. Funds of the district shall be disbursed only upon |
718 | the warrant or order of the board of commissioners signed by the |
719 | secretary/treasurer and countersigned by the chair of the board. |
720 | Section 17. District manager.--All work done under the |
721 | provisions of this act and the general operations of the |
722 | district shall be carried on under the supervision of a |
723 | competent district manager to be employed by the board of |
724 | commissioners. The district manager may be employed pursuant to |
725 | an employment agreement or may serve at the pleasure of the |
726 | board, as the board may determine. Without limitation, the |
727 | district manager shall be responsible for the preparation of a |
728 | proposed annual budget to be approved by the board, for the |
729 | hiring and firing of regular employees of the district, for |
730 | reporting to the board of commissioners at their regular and |
731 | special meetings, and for implementing and enforcing policies |
732 | established by the board. |
733 | Section 18. Rules regulating district property.--The |
734 | district shall have the right to make all such proper and |
735 | reasonable rules and regulations for the care, protection, and |
736 | use of the boat canals and drainage canals, water control |
737 | structures, berms, locks, docks, and other facilities and |
738 | property of the district, as may be prescribed by the board of |
739 | commissioners; and to charge and collect for the use of the |
740 | canals, structures, locks, docks, and for other services and |
741 | facilities constructed and maintained or furnished and rendered |
742 | by the district, such reasonable fees, rates, and charges as |
743 | shall from time to time be fixed and established by said board, |
744 | and all funds so collected shall be deposited into the treasury |
745 | and used for any and all purposes of the district. All rules and |
746 | regulations of the district shall be adopted pursuant to the |
747 | procedures set forth in chapter 120, Florida Statutes, the |
748 | Administrative Procedure Act, as amended from time to time. |
749 | Notwithstanding the above, the district shall make no rule or |
750 | regulation that would require any person to obtain the |
751 | permission of the district or a permit from the district prior |
752 | to the performance of an otherwise lawful act or an act that is |
753 | otherwise regulated by other federal, state, or local agencies |
754 | or governmental entities. |
755 | Section 19. Enforcement.--Whoever shall willfully damage |
756 | the quality of water by dumping trash, garbage, or other |
757 | pollutants or by discharge or allowing the discharge therein of |
758 | any liquids or other matter that could lower the quality of lake |
759 | water or damage plant life or cause damage to any canal, water |
760 | control structure, lock, levy, jetty, berm, dock, or other works |
761 | established or constructed under this act or property otherwise |
762 | covered by this act, or who shall fill or obstruct the flow of |
763 | water in or the passage of boats through any drainage canal or |
764 | boat canal, remove any stone or earth or other material from any |
765 | boat canal, drainage canal, water control structure, berm, levy, |
766 | locks, jetty, dock, or other work, without having first obtained |
767 | permission in writing from said board to remove such material, |
768 | or who shall willfully violate the reasonable rules and |
769 | regulations established by the board of commissioners, is guilty |
770 | of a misdemeanor of the second degree, punishable as provided in |
771 | section 775.082 or section 775.083, Florida Statutes. This |
772 | section shall not apply to any properly authorized activities |
773 | engaged in by a governmental authority having jurisdiction. |
774 | Neither shall this section apply to any properly authorized |
775 | activities authorized by a governmental authority having |
776 | jurisdiction if the activity does not affect a public canal, |
777 | water control structure, berm, dam, lock, or canal bank. |
778 | Section 20. Qualifications of an elector of the |
779 | district.--Electors, qualified pursuant to general laws of the |
780 | State of Florida, residing within said district, shall be |
781 | qualified electors at any election held under this act. Each |
782 | qualified elector shall be properly registered pursuant to the |
783 | procedures provided by general law and by Polk County. |
784 | Section 21. Invalidation and severability.--Any section, |
785 | portion, or clause of this act which for any reason may be |
786 | declared invalid may be severed therefrom, and the remaining |
787 | portions thereof shall be in remaining force and be valid as if |
788 | such clause, section, or invalid portion had not been |
789 | incorporated herein. |
790 | Section 22. Dissolution of district and amendment of |
791 | charter.--The district may be dissolved only by special act of |
792 | the Legislature or by special dissolution procedures established |
793 | by general law. This act may be amended only by special act of |
794 | the Legislature. |
795 | Section 23. Jurisdictional conflict.--No capital |
796 | improvement shall be constructed by the district outside the |
797 | territorial boundaries of the district as described in section |
798 | 1, and no rule of the district shall be enforced outside said |
799 | territorial boundaries, without the formal concurrence of the |
800 | affected jurisdiction. In addition, nothing contained herein |
801 | shall be construed to exempt the district from securing any |
802 | permits, authorizations, or development approvals, including, |
803 | without limitation, zoning approvals, required by a governmental |
804 | entity having jurisdiction. The district shall not have the |
805 | authority to mandate the expenditure of funds by any local |
806 | government. |
807 | Section 24. Immunity from liability.--No action shall be |
808 | brought against the district, or any agents or employees of the |
809 | district, for the recovery of damages caused by the partial or |
810 | total failure of any water management structure, dam, canal, |
811 | levee, dock, or other works upon the ground that the district is |
812 | liable by virtue of its control, operation, or regulation of |
813 | such works, or measures taken to protect against the failure of |
814 | such works during an emergency. |
815 | Section 4. Chapters 8378 (1919), 23491 (1945), 31189 |
816 | (1955), 65-2134, 84-517, 90-499, 97-344, and 2000-407, Laws of |
817 | Florida, are repealed. Such repeal does not affect the |
818 | prosecution of any cause of action that accrued before the |
819 | effective date of the repeal and does not affect rules, |
820 | policies, actions, decisions, contracts, agreements, |
821 | obligations, or properties of the district existing prior to the |
822 | effective date of this act. This act does not repeal, abrogate, |
823 | impair, or adversely affect the rights and remedies of the |
824 | holders of any obligations of the district issued pursuant to |
825 | the existing acts or any other applicable provision of law. |
826 | Section 5. This act shall take effect upon becoming a law. |