HB 1577

1
A bill to be entitled
2An act relating to Monroe County; amending chapter 2002-
3337, Laws of Florida, as amended; providing conditions for
4use of certain funds by the Key Largo Wastewater Treatment
5District; revising provisions relating to vacancies on the
6governing board; providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Subsection (2) of section 4 and subsection (6)
11of section 5 of section 1 of chapter 2002-337, Laws of Florida,
12as amended by chapters 2003-303 and 2003-306, Laws of Florida,
13are amended to read:
14     Section 4.  District powers, functions, and duties.--
15     (2)  The district is hereby authorized and empowered:
16     (a)  To adopt bylaws for the regulation of its affairs and
17the conduct of its business.
18     (b)  To adopt resolutions and policies necessary for
19implementation, regulation, and enforcement, consistent with the
20purposes of the district.
21     (c)  To adopt an official seal for the district and to
22alter the same at its pleasure.
23     (d)  To plan, develop, purchase or otherwise acquire,
24construct, reconstruct, improve, extend, enlarge, equip, repair,
25maintain, and operate any wastewater management system and
26facilities within the territorial limits of the district.
27     (e)  To acquire by grant, loan, purchase, gift, or devise
28or by the exercise of the right of eminent domain all property,
29real or personal, or any estate or interest therein necessary,
30desirable, or convenient for the purposes of this act, and to
31sell, convey, lease, rent, or assign all or any part thereof and
32to exercise all of its powers and authority with respect
33thereto. The exercise of eminent domain shall be as provided for
34by applicable general law.
35     (f)  To assess and impose ad valorem taxes, and non-ad
36valorem assessments, upon the lands in the district, as provided
37by this act and chapter 197, Florida Statutes.
38     (g)  To issue revenue bonds, pursuant to section 189.4085,
39Florida Statutes, and otherwise by general law, to pay the cost
40of purchasing or otherwise acquiring, constructing,
41reconstructing, improving, extending, enlarging, or equipping a
42wastewater management system.
43     (h)  To issue refunding bonds, pursuant to section
44189.4085, Florida Statutes, and otherwise by general law, to
45refund any bonds then outstanding which shall have been issued
46under the provisions of this act.
47     (i)  To lease, rent, or contract for the operation of all
48or any part of any wastewater management system facilities.
49     (j)  To fix and collect rates, rentals, fees, and charges
50for the use of any wastewater management system facilities. The
51district may provide for reasonable penalties against any user
52for any such rates, fees, rentals, or other charges that are
53delinquent. In the event that such delinquency occurs and such
54fees, rentals, or other charges are not paid and remain
55delinquent for 30 days or more, the district may discontinue and
56shut off services until such fees, rentals, or other charges,
57including interest, penalties, and charges for shutting off,
58discontinuing, and restoring such services, are fully paid. The
59district may enter on lands, waters, and premises of any person,
60firm, corporation, or other body for the purpose of
61discontinuing and shutting off services under such
62circumstances. Further, such delinquent fees, rentals, or other
63charges, together with interest, penalties, and charges for
64shutting off, discontinuing, and restoring such services, and
65reasonable attorneys' fees and other expenses may be recovered
66by the district by suit in any court of competent jurisdiction.
67The district may also enforce payment by any other lawful method
68of enforcement.
69     (k)  To make and enter into contracts and agreements
70necessary or incidental to the performance of the duties imposed
71and the execution of the powers granted under this act, and to
72employ such consulting and other engineers, superintendents,
73managers, construction and financial experts, and attorneys, and
74such employees and agents as may, in the judgment of the
75district, be necessary, and to fix their compensation, provided
76that all such expenses shall be payable solely from funds made
77available under the provisions of this act.
78     (l)  To establish, or otherwise make available, a plan for
79retirement, disability, death, hospitalization, and other
80appropriate benefits for officers and employees of the district.
81     (m)  To enter into contracts with the government of the
82United States or the State of Florida or any agency or
83instrumentality of either thereof, or with any county,
84municipality, district, corporation, public or private, or
85individual providing for or relating to wastewater management
86system facilities.
87     (n)  To borrow money for any district purpose and may
88execute notes, mortgages, or deeds, to secure debt, trust deeds,
89trust agreements, and such other instruments as may be necessary
90or convenient to evidence and secure such borrowing.
91     (o)  To invest surplus funds of the district consistent
92with the "Investment of Local Government Surplus Funds Act,"
93part IV, chapter 218, Florida Statutes.
94     (p)  To do all acts or things necessary or convenient to
95carry out the powers expressly granted in this act.
96     (q)  To use any and all funds provided to it from any
97source to pay for the general, administrative, and overhead
98expenses of the district, including compensation of the members
99of the governing board; provided that the district shall not use
100funds in a manner contrary to any express lawful restriction on
101the use of funds imposed by the authority granting the funds.
102     Section 5.  Governing board.--
103     (6)  If any vacancy occurs in a seat occupied by a
104governing board member elected by the qualified electors, the
105remaining members of the governing board shall, within 45 days
106after the vacancy occurs, appoint a person who would be eligible
107to hold the office until the end of the unexpired term or until
108the next general election, whichever occurs first. Any person
109elected at such next general election to fill such seat shall
110serve in such capacity for the remainder of the predecessor's
111term. Any vacancy in the membership of the governing board
112resulting from the death, resignation, change of residence, or
113removal of any such board member or from any other cause shall
114be filled, for the remainder of the term, by election within 30
115days after the occurrence of such vacancy. However, in the event
116that the remaining term is 60 days or less, the vacancy shall be
117filled by election at the next general election pursuant to
118section 189.405(2)(a), Florida Statutes, as the same may be
119amended from time to time.
120     Section 2.  This act shall take effect upon becoming a law.


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