HB 1469

CS

CHAMBER ACTION

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

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