HB 1469

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
34	Be It Enacted by the Legislature of the State of Florida:
35
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
125	And:
126
127	Beginning at the Northwest corner of Section 2,
128	Township 28 South, Range 26 East, Polk County,
129	Florida;
130
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
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
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
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
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
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
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
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
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
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
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
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
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
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
199	Thence continue Northerly, along the west line of said
200	Section 19, to the northwest corner thereof;
201
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
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
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
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
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
224	Thence Easterly, along the north line of said Section
225	21, to the northeast corner thereof;
226
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
231	Thence Easterly, along the north line of the Southwest
232	quarter of said Section 22, to the northeast corner
233	thereof;
234
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
240	Thence Easterly, along the north line of said Section
241	27, to the northeast corner thereof;
242
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
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
251	All of the above lands lying in Polk County, Florida.
252
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.

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