HB 1709

1
A bill to be entitled
2An act relating to the Coral Springs Improvement
3District, Broward County; providing for codification
4of special laws regarding special districts pursuant
5to s. 189.429, Florida Statutes, relating to the Coral
6Springs Improvement District; codifying, amending, and
7reenacting chapters 70-617 and 89-419, Laws of
8Florida; providing legislative intent; deleting
9gender-specific references; providing a district
10charter; repealing chapters 70-617 and 89-419, Laws of
11Florida, relating to the Coral Springs Improvement
12District; providing severability; providing an
13effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Intent.--In accordance with section 189.429,
18Florida Statutes, this act constitutes the codification of all
19special acts relating to the Coral Springs Improvement District.
20It is the intent of the Legislature in enacting this law to
21provide a single, comprehensive special act charter for the
22district, including all current legislative authority granted to
23the district by its several legislative enactments and any
24additional authority granted by this act.
25     Section 2.  Codification.--Chapters 70-617 and 89-419, Laws
26of Florida, relating to the Coral Springs Improvement District
27are codified, reenacted, amended, and repealed as herein
28provided.
29     Section 3.  The charter for the Coral Springs Improvement
30District is re-created and re-enacted to read:
31     Section 1.  Creation of the district ratified and approved;
32change of name of district to Coral Springs Improvement
33District.--The decree of the circuit court in and for the
34seventeenth judicial circuit of the State of Florida, entered in
35chancery No. 66-1301, on the 8th day of September, 1966,
36creating and incorporating the Coral Springs Drainage District
37as a public corporation of this state, and all subsequent
38proceedings taken in the circuit court concerning that district,
39are hereby ratified, confirmed, and approved, except that the
40boundaries of said district shall be as hereinafter described.
41The Coral Springs Drainage District shall henceforth be known by
42the name of Coral Springs Improvement District, and shall
43continue to be a public corporation of this state and have
44perpetual existence. All lawful debts, bonds, obligations,
45contracts, franchises, promissory notes, audits, minutes,
46resolutions, and other undertakings of the Coral Springs
47Drainage District are hereby validated and shall continue to be
48valid and binding on the Coral Springs Improvement District in
49accordance with their respective terms, conditions, covenants,
50and tenor. Any proceeding heretofore begun by the Coral Springs
51Drainage District under chapter 298, Florida Statutes, or any
52other law, for the construction of any improvements, works, or
53facilities, for the assessment of benefits and damages, or for
54the borrowing of money shall not be impaired or avoided by this
55act, but may be continued and completed in the name of the Coral
56Springs Improvement District.
57     Section 2.  Exclusion of lands and new boundaries.--The
58following described lands formerly within the boundaries of the
59district are excluded:
60
61The North one-half of Section 26, Township 48 South,
62Range 41 East, Broward County, Florida.
63
64The boundaries of the district are:
65
66Beginning at the Northwest corner of Section 30,
67Township 48 South, Range 41, East; thence Southerly
68along the West line of said Section 30 and along the
69West line of Section 31 of said Township 48 South,
70Range 41 East to an intersection with the North
71right-of-way line of the Pompano Canal (C-14); thence
72Easterly along the said North right-of-way line,
73through said Section 31 and Sections 32, 33 and 34 of
74said Township 48 South, Range 41 East to an
75intersection with the East line of said Section 34;
76thence Northerly along the said East line of Section
7734 and along the East line of Section 27, Township 48
78South, Range 41 East, to the Northeast corner of said
79Section 27; thence Westerly along the North line of
80said Section 27 and along the North lines of Sections
8128, 29 and 30 of said Township 48 South, Range 41 East
82to the said Northwest corner of Section 30 and the
83Point of Beginning; said lands situate, lying and
84being in Broward County, Florida, which said boundary
85embraces and includes these certain tracts or parcels
86of land described as follows, to wit:
87
88All of Sections 27 and 29; and Tracts 1 through 19
89inclusive, Tracts 22 through 27 inclusive, Tracts 30
90through 32 inclusive, and those portions of Tracts 20,
9121, 28 and 29 lying North of the North right-of-way
92line of the Pompano Canal (C-14) of the subdivision of
93Section 31; and Tracts 1 through 18 inclusive, Tracts
9422 through 26 inclusive, Tracts 31 and 32, and those
95portions of Tracts 19, 20, 21, 27 and 30 lying North
96of the North right-of-way line of the Pompano Canal
97(C-14) of the subdivision of Section 33, all according
98to the Florida Fruit Lands Company?s Subdivision Map
99No. 2, recorded in Plat Book 1, Page 102, of the
100public records of Palm Beach County, Florida, together
101with all the platted road rights-of-way contained
102therein; and all of Sections 28 and 30; and those
103portions of Sections 32 and 34 lying North of the
104North right-of-way line of the Pompano Canal (C-14).
105
106All of said property situate, lying and being in
107Township 48 South, Range 41 East, Broward County,
108Florida.
109
110     Section 3.  Applicability of certain provisions of chapter
111298, Florida Statutes, to the Coral Springs Improvement
112District; inconsistent laws inapplicable.--The provisions of
113chapter 298, Florida Statutes, and all amendments thereto, now
114existing or hereafter enacted, are declared to be applicable to
115the Coral Springs Improvement District insofar as not
116inconsistent with the provisions of this act or any subsequent
117special acts relating to the Coral Springs Improvement District.
118Notwithstanding the foregoing, the provisions of sections
119298.07, 298.11, 298.12, 298.14, 298.15, 298.17, 298.18, 298.19,
120298.20, 298.23, 298.24, 298.25, 298.35, 298.37, 298.38, 298.39,
121298.40, 298.401, 298.41, 298.42, 298.44, 298.45, 298.46, 298.48,
122298.52, 298.54, 298.56, 298.57, 298.61, 298.69, 298.70, 298.71,
123298.72, 298.73, and 298.74, Florida Statutes, and amendments
124thereto, shall not be applicable to the Coral Springs
125Improvement District.
126     Section 4.  Definitions.--Unless the context shall indicate
127otherwise, the following words as used in this act shall have
128the following meanings:
129     (1)  ?Assessable improvements? includes, without
130limitation, any and all drainage and land reclamation works and
131facilities, sewer systems, storm sewers and drains, water
132systems, streets, roads, or other projects of the district, or
133that portion or portions thereof, local in nature and of special
134benefit to the premises or lands served thereby, and any and all
135modifications, improvements, and enlargements thereof.
136     (2)  ?Board? means the Board of Supervisors of the Coral
137Springs Improvement District, or if such board shall be
138abolished, the board, body, or commission succeeding to the
139principal functions thereof or to whom the powers given by this
140act to the board shall be given by law.
141     (3)  ?Bond? includes ?certificate,? and provisions
142applicable to bonds shall be equally applicable to certificates.
143?Bond? includes general obligation bonds, assessment bonds,
144refunding bonds, revenue bonds, and such other obligations in
145the nature of bonds as are provided for in this act, as the case
146may be.
147     (4)  ?Cost,? when used with reference to any project,
148includes, but is not limited to, the expenses of determining the
149feasibility or practicability of acquisition, construction, or
150reconstruction; the cost of surveys, estimates, plans, and
151specifications; the cost of acquisition, construction, or
152reconstruction; the cost of improvements; engineering, fiscal,
153and legal expenses and charges; the cost of all labor,
154materials, machinery, and equipment; the cost of all lands,
155properties, rights, easements, and franchises acquired; federal,
156state, and local taxes and assessments; financing charges; the
157creation of initial reserve and debt service funds; working
158capital; interest charges incurred or estimated to be incurred
159on money borrowed prior to and during construction and
160acquisition and for such period of time after completion of
161construction or acquisition as the board may determine; the cost
162of issuance of bonds pursuant to this act including
163advertisements and printing, the cost of any election held
164pursuant to this act, and all other expenses of the issuance of
165bonds; discount, if any, on the sale or exchange of bonds;
166administrative expenses; such other expenses as may be necessary
167or incidental to the acquisition, construction, or
168reconstruction of any project or to the financing thereof, or
169the development of any lands within the district; and
170reimbursement of any public or private body, person, firm, or
171corporation for any moneys advanced in connection with any of
172the foregoing items of cost. Any obligation or expense incurred
173prior to the issuance of bonds in connection with the
174acquisition, construction, or reconstruction of any project or
175improvements thereon, or in connection with any other
176development of land that the board of the district shall
177determine to be necessary or desirable in carrying out the
178purposes of this act, may be treated as a part of such cost.
179     (5)  ?District? means the Coral Springs Improvement
180District and ?district manager? means the manager of the
181district.
182     (6)  ?Landowner? means the owner of the freehold estate, as
183appears by the deed record, including trustees, private
184corporations, and owners of cooperative and condominium units.
185"Landowner" does not include reversioners, remaindermen, or
186mortgagees who shall not be counted and need not be notified of
187proceedings under this act.
188     (7)  ?Project? means any development, improvement,
189property, utility, facility, works, road, enterprise, service,
190or convenience now existing or hereafter undertaken or
191established under the provisions of this act or under chapter
192298, Florida Statutes.
193     (8)  ?Sewer system? means any plant, system, facility, or
194property and additions, extensions, and improvements thereto at
195any future time constructed or acquired as part thereof useful
196or necessary or having the present capacity for future use in
197connection with the collection, treatment, purification, or
198disposal of sewage, including, without limitation, industrial
199wastes resulting from any processes of industry, manufacture,
200trade, or business or from the development of any natural
201resources. Without limiting the generality of the foregoing,
202"sewer system" shall include treatment plants, pumping stations,
203lift stations, valves, force mains, intercepting sewers,
204laterals, pressure lines, mains, and all necessary appurtenances
205and equipment, all sewer mains, laterals, and other devices for
206the reception and collection of sewage from premises connected
207therewith, and all real and personal property and any interest
208therein, rights, easements, and franchises of any nature
209whatsoever relating to any such system and necessary or
210convenient for operation thereof.
211     (9)  ?Water and flood control facilities? means any canals,
212ditches, or other drainage facilities, reservoirs, dams, levees,
213sluiceways, dredging holding basins, floodways, pumping
214stations, or any other works, structures, or facilities for the
215conservation, control, development, utilization, and disposal of
216water, and any purposes appurtenant, necessary, or incidental
217thereto, and includes all real and personal property and any
218interest therein, rights, easements, and franchises of any
219nature relating to any such water and flood control facilities
220or necessary or convenient for the acquisition, construction,
221reconstruction, operation, or maintenance thereof.
222     (10)  ?Water system? means any plant, system, facility, or
223property and additions, extensions, and improvements thereto at
224any future time constructed or acquired as part thereof, useful
225or necessary or having the present capacity for future use in
226connection with the development of sources, treatment, or
227purification and distribution of water and, without limiting the
228generality of the foregoing, includes dams, reservoirs, storage
229tanks, mains, lines, valves, pumping stations, laterals, and
230pipes for the purpose of carrying water to the premises
231connected with such system, and all real and personal property
232and any interests therein, rights, easements, and franchises of
233any nature whatsoever relating to any such system and necessary
234or convenient for the operation thereof.
235     Section 5.  Board of supervisors; election; organization;
236terms of office; quorum; report and minutes.--
237     (1)  The board of supervisors of the district shall be the
238governing body of the district and shall exercise the powers
239granted to the district under this act and under chapter 298,
240Florida Statutes. The board shall consist of three members, and
241except as otherwise provided herein, each member shall hold
242office for a term of 4 years and until his or her successor
243shall be chosen and shall qualify. A majority of the members of
244the board shall be residents of Broward County, and all members
245shall be residents of Florida. All members of the board shall be
246landowners within the district.
247     (2)  The persons who are members of the board of
248supervisors of the Coral Springs Drainage District elected on
249October 4, 1966, shall constitute the members of the board until
250the month of June of 1971.
251     (3)  In the month of June of each fourth year commencing
252June of 1971, there shall be held a meeting of the landowners of
253the district at the office of the district in Broward County for
254the purpose of electing three supervisors for said district.
255Notice of said landowners' meeting shall be published once a
256week for 2 consecutive weeks in a newspaper in Broward County
257that is in general circulation in the district, the last of said
258publication to be not less than 14 days nor more than 28 days
259before the date of the election. The landowners, when assembled
260at such meeting, shall organize by electing a chair who shall
261conduct the meeting. At such meeting, each landowner shall be
262entitled to cast one vote per acre of land owned by him or her
263and located within the district for each person to be elected. A
264landowner may vote in person or by proxy in writing. Fractions
265of an acre shall be treated as one acre, entitling the landowner
266to one vote with respect thereto. The three persons receiving
267the highest number of votes for the office of supervisor shall
268be declared elected.
269     (4)  Each supervisor, before entering upon his or her
270official duties, shall take and subscribe to an oath of office
271as prescribed in section 298.13, Florida Statutes.
272     (5)  All supervisors shall hold office for the terms for
273which they are elected or appointed and until their successors
274shall be chosen and qualify. In case of a vacancy in the office
275of any supervisor, the remaining supervisor or supervisors (even
276though less than a quorum) may fill such vacancy by appointment
277of a new supervisor or supervisors for the unexpired term of the
278supervisor who vacated his or her office.
279     (6)  As soon as practicable after each election, the board
280shall organize by choosing one of their number president of the
281board and by electing a secretary, who need not be a member of
282the board.
283     (7)  A majority of the members of the board shall
284constitute a quorum.
285     (8)  The board shall keep a permanent record book entitled
286?Record of Proceedings of Coral Springs Improvement District,?
287in which shall be recorded minutes of all meetings, resolutions,
288proceedings, certificates, bonds given by all employees, and any
289and all corporate acts, which book shall at reasonable times be
290opened to the inspection of any landowner, taxpayer, resident,
291or bondholder of the district, and such other persons as the
292board may determine to have a proper interest in the proceedings
293of the board. Such record book shall be kept at any office or
294other regular place of business maintained by the board in
295Broward County.
296     (9)  Whenever any election shall be authorized or required
297by this act to be held by the landowners at any particular or
298stated time or day, and if for any reason such election is not
299held at such time or on such day, then, in such event, the power
300or duty to hold such election shall not cease or lapse, but such
301election shall be held thereafter when practicable in accordance
302with the procedures provided by this act.
303     Section 6.  Appointment and duties of district
304manager.--For the purpose of preserving and maintaining any
305facility constructed or erected under the provisions of this act
306or chapter 298, Florida Statutes, and for maintaining and
307operating the equipment owned by the district and such other
308duties as may be prescribed by the board, the board may employ
309and fix the compensation of a district manager who shall have
310charge and supervision of the works of the district.
311     Section 7.  Treasurer; depositories; fiscal agent.--
312     (1)  The board shall designate a person who is a resident
313of the state or a bank or trust company organized under the laws
314of the state or under the International Banking Act as treasurer
315of the district and such person shall have charge of the funds
316of the district. Such funds shall be disbursed only upon the
317order of or pursuant to the resolution of the board by warrant
318or check signed by the treasurer, or by such other person as may
319be authorized by the board. The board may give the treasurer
320such other or additional powers and duties as the board may deem
321appropriate, and fix his or her compensation. The board may
322require the treasurer to give a bond in such amount, on such
323terms, and with such sureties as may be deemed satisfactory to
324the board to secure the performance by the treasurer of his or
325her powers and duties. The board shall audit or have audited the
326books of the treasurer at least once a year.
327     (2)  The board is authorized to select as depositories in
328which the bonds of the board and of the district shall be
329deposited any banking corporation organized under the laws of
330the state or under the International Banking Act, doing business
331in the state, upon such terms and conditions as to the payment
332of interest by such depository upon the funds so deposited as
333the board may deem just and reasonable.
334     (3)  The board may employ a fiscal agent to perform such
335duties and services at such rate of compensation as the board
336may determine.
337     Section 8.  Compensation of board.--Each supervisor is
338entitled to receive for his or her services an amount not to
339exceed $200 per month. In addition, each supervisor shall
340receive reasonable traveling expenses for attending the place of
341meeting from his or her residence. Unless the board by
342resolution otherwise provides, such traveling expenses may not
343be in excess of the amounts provided by law for state and county
344officials.
345     Section 9.  Powers.--The district shall have, and the board
346may exercise, any or all of the following powers:
347     (1)  To contract and be contracted with; to sue and be sued
348in the name of the district; to adopt and use a seal; and to
349acquire by purchase, gift, devise, eminent domain, except as
350limited herein, or otherwise property, real or personal, or any
351estate therein, within the district, to be used for any of the
352purposes of this act.
353     (2)  To adopt a water control plan; and to establish,
354construct, operate, and maintain a system of main and lateral
355canals, drains, ditches, levees, dikes, dams, sluices, locaks,
356revetments, reservoirs, holding basins, floodways, pumping
357stations, syphons, culverts, and storm sewers to drain and
358reclaim the lands within the district and to connect some or any
359of them with roads and bridges as in the judgment of the board
360is deemed advisable to provide access to such facilities.
361     (3)  To acquire and maintain appropriate sites for storage
362and maintenance of the equipment of the district; and to
363acquire, maintain, and construct a suitable building to house
364the office and records of the district.
365     (4)  To clean out, straighten, widen, open up, or change
366the course and flow, and alter or deepen any canal, ditch,
367drain, river, water course, or natural stream as within the
368judgment of the board is deemed advisable to drain and reclaim
369the lands within the district; to acquire, purchase, operate,
370and maintain pumps, plants, and pumping systems for drainage
371purposes; and to construct, operate, and maintain irrigation
372works and machinery in connection with the purposes herein set
373forth.
374     (5)  To regulate and set forth by appropriate resolution
375the drainage requirements and conditions to be met for plats to
376be entitled to record on any land within the district, including
377authority to require as a condition precedent for any platting
378that good and sufficient bond be posted to ensure proper
379drainage for the area to be platted.
380     (6)  To borrow money and issue bonds, certificates,
381warrants, notes, or other evidences of indebtedness of the
382district as hereinafter provided.
383     (7)  To build and construct any other works and
384improvements deemed necessary to preserve and maintain the works
385in or out of the district; to acquire, construct, operate,
386maintain, use, sell, convey, transfer, or otherwise provide for
387machines and equipment for any purpose authorized by this act or
388chapter 298, Florida Statutes; and to contract for the purchase,
389construction, operation, maintenance, use, sale, conveyance, and
390transfer of the said machinery and equipment.
391     (8)  To construct or enlarge, or cause to be constructed or
392enlarged, any and all bridges or culverts that may be needed in
393or out of the district, across any drain, ditch, canal,
394floodway, holding basin, excavation, public highway, tract,
395grade, fill, or cut; to construct roadways over levees and
396embankments; and to construct any and all of said works and
397improvements across, through, or over any public right-of-way,
398highway, grade, fill, or cut in or out of the district.
399     (9)  To hold, control, and acquire by donation, purchase,
400or condemnation any easement, reservation, or dedication in the
401district for any of the purposes herein provided; and to condemn
402as provided by chapters 73 and 74, Florida Statutes, or acquire,
403by purchase or grant, for use in the district, any land or
404property within the district necessary for the purposes of this
405act.
406     (10)  To assess and impose upon all of the lands in the
407district an ad valorem tax, an annual drainage tax, and a
408maintenance tax as hereinafter provided.
409     (11)  To impose and foreclose special assessments liens as
410hereinafter provided.
411     (12)  To prohibit, regulate, and restrict by appropriate
412resolution all structures, materials, and things, whether solid,
413liquid, or gas, whether permanent or temporary in nature, which
414come upon, come into, connect to, or be a part of any facility
415owned or operated by the district.
416     (13)  To administer and provide for the enforcement of all
417of the provisions herein, including the making, adopting,
418promulgating, amending, and repealing of all rules and
419regulations necessary or convenient for the carrying out of the
420duties, obligations, and powers conferred on the district
421created herein.
422     (14)  To cooperate with or contract with other water
423control districts or other governmental agencies as may be
424necessary, convenient, incidental, or proper in connection with
425any of the powers, duties, or purposes of the district as stated
426in this act.
427     (15)  To employ engineers, attorneys, agents, employees,
428and representatives as the board of supervisors may from time to
429time determine necessary and to fix their compensation and
430duties.
431     (16)  To exercise all of the powers necessary, convenient,
432incidental, or proper in connection with any of the powers,
433duties, or purposes of said district as stated in this act.
434     (17)  To construct, improve, and maintain roadways and
435roads necessary and convenient to provide access to and
436efficient development of areas made suitable and available for
437cultivation, settlement, urban subdivision, homesites, and other
438beneficial developments as a result of the drainage operations
439of the district.
440     (18)  To make use of any public easements, dedications to
441public use, platted reservations for public purposes, or any
442reservations for drainage purposes within the boundaries of the
443district.
444     (19)  To lease as lessor or lessee to or from any person,
445firm, corporation, association, or body, public or private, any
446projects of the type that the district is authorized to
447undertake and facilities or property of any nature for the use
448of the district to carry out any of the purposes of this act.
449     (20)  To regulate the supply and level of water within the
450district; to divert waters from one area, lake, pond, river,
451stream, basin, or drainage or water flood control facility to
452any other area, lake, pond, river, stream, basin, or drainage
453and water flood control facility; to regulate control and
454restrict the development and use of natural or artificial
455streams or bodies of water, lakes, or ponds; and to take all
456measures determined by the board to be necessary or desirable to
457prevent or alleviate land erosion. The powers granted to the
458district by this subsection shall be concurrent within the
459boundaries of the district with other public bodies, agencies,
460or authorities as may be authorized by law. The district is
461eligible to receive moneys, disbursements, and assistance from
462the state available to flood control or water management
463districts and the navigation districts or agencies.
464     (21)  To own, acquire, construct, reconstruct, equip,
465operate, maintain, extend, and improve water systems and sewer
466systems or combined water and sewer systems; to regulate the use
467of sewers and the supply of water within the district and to
468prohibit or regulate the use and maintenance of outhouses,
469privies, septic tanks, or other sanitary structures or
470appliances within the district; to prescribe methods of
471pretreatment of wastes not amenable to treatment with domestic
472sewage before accepting such wastes for treatment, to refuse to
473accept such wastes when not sufficiently pretreated as may be
474prescribed, and to prescribe penalties for the refusal of any
475person or corporation to so pretreat such wastes; to sell or
476otherwise dispose of the effluent, sludge, or other byproducts
477as a result of sewage treatment; and to construct and operate
478connecting, intercepting, or outlet sewers, sewer mains, pipes
479and water mains, conduits, or pipelines in, along, or under any
480street, alleys, highways, or other public places or ways within
481or without the district, when deemed necessary or desirable by
482the board. The plans for any water or sewer system shall be
483subject to the approval of the state board of health.
484     (22)  To own, acquire, construct, operate, and maintain
485parks, playgrounds, picnic grounds, camping facilities, and
486water recreation facilities within or without the district.
487     (23)  To issue general obligation bonds, revenue bonds,
488assessment bonds, or any other bonds or obligations authorized
489by the provisions of this act or any other law, or any
490combination of the foregoing, to pay all or part of the cost of
491the acquisition, construction, reconstruction, extension,
492repair, improvement, maintenance, or operation of any project or
493combination of projects; to provide for any facility, service,
494or other activity of the district; and to provide for the
495retirement or refunding of any bonds or obligations of the
496district, or for any combination of the foregoing purposes.
497     (24)  To exercise any and all other powers conferred upon
498water control districts by chapter 298, Florida Statutes.
499     Section 10.  Seal.--The official seal of the district shall
500bear the legend ?Coral Springs Improvement District, Broward
501County, Florida, Seal, Established 1966.?
502     Section 11.  Fiscal year.--The board by resolution shall
503establish the fiscal year for the district.
504     Section 12.  Annual budget.--Prior to May 15 of each year,
505the secretary of the district shall prepare a proposed budget to
506be submitted to the board for its approval. The proposed budget
507shall include an estimate of all necessary expenditures of the
508district for the next ensuing fiscal year and an estimate of
509income to the district from the taxes and assessments provided
510in this act. The board shall consider the proposed budget item
511by item and may either approve the budget as proposed by the
512district manager or modify the same in part or in whole. The
513board shall indicate its approval of the budget by resolution,
514which resolution shall provide for a hearing on the budget as
515approved. Notice of the hearing on the budget shall be published
516in a newspaper in general circulation within the district in
517Broward County once a week for two consecutive weeks, providing
518that the second publication shall not be less than 7 days after
519the first publication. The notice shall be directed to all
520landowners in the district and shall state the purpose of the
521meeting. The notice shall further contain a designation of the
522date, time, and place of the public hearing, which shall be not
523less than 7 days after the second publication. At the time and
524place designated in the notice, the board shall hear all
525objections to the budget as proposed and make such changes as
526the board deems necessary. At the conclusion of the budget
527hearing the board shall, by resolution, adopt the budget as
528finally approved by the board.
529     Section 13.  Notice and call of meetings of landowners;
530quorum; adjournments; representation at meetings; taking action
531without meeting.--
532     (1)  The board shall publish notice of all meetings of
533landowners once a week for two consecutive weeks prior to such
534meeting in a newspaper in Broward County in general circulation
535within the district. Meetings of landowners shall be held in a
536public place, or any other place made available for the purpose
537of such meeting in the Broward County Courthouse and the place,
538date, and hour of holding such meeting and the purpose thereof
539shall be stated in the notice. Landowners representing a
540majority of the number of acres in the district, present in
541person or by proxy, shall constitute a quorum at any meeting of
542the landowners; provided that irrespective of the number of
543acres represented, there shall be a minimum of five landowners
544owning separate parcels of land at each meeting.
545     (2)  The board may call special meetings of the landowners
546at any time to receive reports of the board or for such other
547purpose as the board may determine. A special meeting of the
548landowners may also be called at any time upon notice as
549provided hereinabove at the written request of the owners of not
550less than 25 percent in acreage of the land within the district
551for the purpose of taking any lawful action by the landowners of
552the district. Such special meeting shall be called by any court
553of competent jurisdiction in the event that the board fails to
554do so upon request as provided in the preceding sentence. Except
555as otherwise provided in section 5 of this act with respect to
556the election of supervisors, action taken at a meeting of the
557landowners shall be by affirmative vote of the owners of at
558least a majority in acreage of the land within the district
559represented at such meeting.
560     (3)  If no quorum is present or represented at a meeting of
561the landowners at the time and place the same is called to be
562held, the landowners present and represented, although less than
563a quorum, may adjourn to another time or day, and at such or any
564subsequent adjourned meeting may, if a quorum is then present or
565represented, take any action that the landowners could have
566taken at the meeting or meetings so adjourned for lack of a
567quorum.
568     (4)  At any meeting of the landowners, guardians may
569represent their wards, executors and administrators may
570represent the estate of deceased persons, trustees may represent
571lands held by them in trust, and private corporations may be
572represented by their duly authorized proxy. All landowners,
573including guardians, executors, administrators, trustees, and
574corporations, may be represented and vote by proxy.
575     Section 14.  Water control plan; proceedings thereof.--The
576board may proceed to adopt a water control plan in accordance
577with the provisions of chapter 298, Florida Statutes, or in
578accordance with the provisions of this section, in which case
579the following shall apply:
580     (1)  The board shall cause to be made by the chief engineer
581or such other engineer or engineers as the board may employ for
582that purpose a complete and comprehensive plan for the drainage
583and reclamation of the lands located within the district. The
584engineer or engineers designated by the board to make said plan
585shall make all necessary surveys of the lands within the
586boundary lines of said district and of all lands adjacent
587thereto that will be improved or reclaimed in part or in whole
588by any system of drainage that may be outlined and adopted, and
589shall make a report in writing to the board with maps and
590profiles of said surveys, which report shall contain a full and
591complete plan for drainage and reclaiming the lands located
592within the district from overflow or damage by water, with the
593length, width, and depth of such canals, ditches, dikes, or
594levees or other works as may be necessary in conjunction with
595any canals, drains, ditches, dikes, levees, or other works
596heretofore constructed by any other drainage or reclamation
597district, or any other person or persons, or which may hereafter
598be built by any or either of such agencies that may be necessary
599or which can be advantageously used in such plan and also an
600estimate of the cost of carrying out and completing the water
601control plan, including the cost of superintending the same and
602all incidental expenses in connection therewith.
603     (2)  Upon the completion of such plan, the board shall hold
604a hearing thereon to hear objections thereto and shall give
605notice of the time and place fixed for such hearing by
606publication once each week for two consecutive weeks in a
607newspaper published in Broward County of general circulation in
608the district, and shall permit the inspection of said plan at
609the office of the district by all persons interested. All
610objections to said plan shall be filed at or before the time
611fixed in said notice for the hearing and shall be in writing.
612     (3)  After said hearing the board shall consider the
613proposed plan and any objections thereto, and may modify,
614reject, or adopt the plan, or may continue the hearing to a day
615certain for further consideration of the proposed plan or
616modifications thereof.
617     (4)  When the board shall approve such a plan, a resolution
618shall be adopted and a certified copy thereof shall be filed in
619the office of the secretary and incorporated into the records of
620the district.
621     (5)  The water control plan may be altered in detail from
622time to time until the appraisal record herein provided is
623filed, but not in such manner as materially to effect the
624conditions of its adoption. After the appraisal record has been
625filed no alterations of the plan or reclamation shall be made,
626except as provided by this act.
627     (6)  Within 20 days after the final adoption of the water
628control plan by the board, the secretary of the district shall
629prepare and transmit a certified copy thereof to the clerk of
630the circuit court and at the same time the board shall file with
631said clerk a petition that the said court appoint three
632commissioners to appraise the lands to be acquired for
633rights-of-way, holding basins, and other drainage works of the
634district and to assess benefits and damages accruing to all
635lands within the district by reason of the execution of the
636water control plan. Immediately after the filing of such
637petition, the judge of said court in whose division the petition
638shall have been assigned shall by an order appoint three
639commissioners, who shall be freeholders residing within Florida,
640and who shall not be landowners in said district, nor of kin
641within the fourth degree of consanguinity to any person owning
642land in said district. A majority of said commissioners shall
643constitute a quorum and shall control the action of the
644commissioners on all questions.
645     (7)  Immediately upon the filing of said order of
646appointment, the secretary of the district shall notify each of
647said commissioners of his or her appointment, and in the said
648notice, he or she shall state the time and place for the first
649meeting of said commissioners. The secretary of the district, or
650his or her deputy, shall attend such meeting and shall furnish
651to said commissioners a complete list of lands embraced in the
652district, or adjacent thereto, that will be affected by the
653execution of the water control plan. The secretary shall also
654furnish to the commissioners a copy of the water control plan
655and such other papers, documents, and information as the
656commissioners require. The commissioners at the meeting shall
657each take and subscribe to an oath that he or she will
658faithfully and impartially discharge his or her duties as such
659commissioner and make a true report of the work performed by
660such commissioners, and shall elect one of their number chair.
661The secretary of the district, or his or her deputy, shall be ex
662officio secretary to the commissioners, and the attorney for the
663district, other agents, and employees thereof shall cooperate
664with the commissioners and furnish to them such advice,
665assistance, and cooperation as they shall require.
666     (8)(a)  Immediately after qualifying as provided in
667subsection (7), the commissioners shall commence the performance
668of their duties and the chief engineer, or one of his or her
669assistants, shall accompany said commissioners when engaged in
670the discharge of their duties and shall render his or her
671opinion in writing when called for. Said commissioners shall
672proceed to view the premises and determine the value of the
673lands within or without the district to be acquired and used for
674rights-of-way, holding basins, and other works described in the
675water control plan, and they shall appraise all benefits and
676damages which will accrue to all lands by reason of the
677execution of the water control plan. The commissioners in
678appraising benefits to lands, public highways, railroads, and
679other rights-of-way shall not consider what benefits will be
680derived by such property after other ditches, improvements, or
681other plans of reclamation shall have been constructed, but they
682shall appraise only such benefits as will be derived from the
683construction of the works and improvements described in the
684water control plan or as the same may afford an outlet for
685drainage or protection from overflow of such property. The
686commissioners shall give due consideration and credit to any
687other drainage works which have already been constructed and
688which afford partial or complete protection to any tract or
689parcel of land within the district. The public highways,
690railroads, and other rights-of-way shall be appraised according
691to the increased physical efficiency and decreased maintenance
692cost of roadways by reason of the improvements. The
693commissioners shall have no power to change the water control
694plan. The commissioners shall prepare a report of their
695findings, which shall be arranged in tabular form, the columns
696of which shall be headed as follows: Column 1 ?Owner of Property
697Appraised?; Column 2 ?Description of Property Appraised?; Column
6983 ?Number of Acres Appraised?; Column 4 ?Amount of Benefits
699Appraised?; Column 5 ?Amount of Damages Appraised?; Column 6
700?Number of Acres to be Taken for Rights-of-way, Holding Basins,
701etc.?; Column 7 ?Value of Property to be Taken.? They shall
702also, by and with the advice of the chief engineer, estimate the
703cost of the works described in the plan reclamation, which
704estimate shall include the cost of property required for
705rights-of-way, holding basins, and other works, the probable
706expense of organization and administration as estimated by the
707board of supervisors, and all of the expenses of the district
708during the period of executing the water control plan. Before
709appraisals of compensation and damages are made, the board may
710report to the commissioners the parcels of land it may wish to
711purchase and for which it may wish appraisals to be made, both
712for easement and for purchase in fee simple, and the board may
713specify the particular purpose for which, and the extent to
714which, an easement in any property is desired, describing
715definitely such purpose and extent. Wherever so instructed to do
716so by the board, the commissioners shall appraise lands that may
717be necessary or desirable for the district to own and, when so
718requested by the board, the commissioners shall also appraise
719both the total value of the land and also the damages due to any
720easement required for the purposes of the district.
721     (b)  The report of the commissioners shall be signed by at
722least a majority of the commissioners and filed in the office of
723the clerk of the circuit court of Broward County. Each
724commissioner shall be paid $100 per day for his or her services
725and necessary expenses in addition thereto.
726     (9)  Upon the filing of the report of the commissioners,
727the clerk shall give notice thereof by causing publication to be
728made once a week for two consecutive weeks in a newspaper
729published in Broward County and of general circulation in the
730district. It shall not be necessary for the clerk to name the
731parties interested, nor to describe separate lots or tracts of
732land in giving said notice, but it shall be sufficient to
733publish the said notice in the following form:
734
735?NOTICE OF FILING COMMISSIONERS? REPORT FOR CORAL SPRINGS
736IMPROVEMENT DISTRICT.
737
738Notice is hereby given that the commissioners heretofore
739appointed to appraise benefits and damages to property and lands
740located within the Coral Springs Improvement District in the
741State of Florida and to appraise the cash value of the land
742necessary to be taken for rights-of-way, holding basins, and
743other works of said district did file their report in the office
744of the undersigned Clerk of the Circuit Court, upon the .....
745day of .............., 20....., and you, and each of you, are
746hereby notified that you may examine said report and file
747exceptions to the same on or before the ..... day of
748.............., 20..... (which date shall be not less than 28
749days nor more than 30 days after the first date of publication).
750
751                    ...................................
752
753                             Clerk of the Circuit Court
754                            of Broward County, Florida?
755
756     (10)  The state board of drainage commissioners, the water
757control district, or any owner of land or other property to be
758affected by said report may file exception to any part, or all,
759of the report of said commissioners within the time specified in
760the notice prescribed in subsection (9). All exceptions shall be
761heard and determined by the court. If no exceptions are filed,
762or if it is shown, upon the hearing of all of said exceptions,
763that the estimated cost of construction of improvements
764contemplated in the water control plan is less than the benefits
765assessed against the lands in said district, the court shall
766approve and confirm said commissioners? report. However, if the
767court, upon hearing the objections filed, finds that any or all
768such objections should be sustained, it shall order the report
769changed to conform with such findings, and when so changed, the
770court shall approve and confirm such report and enter its decree
771accordingly. The court shall adjudge and apportion the costs
772incurred by the exceptions filed, and shall condemn any land or
773other property, that is shown by the report of the commissioners
774to be needed for rights-of-way, holding basins, or other works,
775following the procedures provided in chapters 73 and 74, Florida
776Statutes; provided, however, that any property owner may accept
777the assessment of damages in his or her favor made by the
778commissioners, or acquiesce in their failure to assess damages
779in his or her favor, and shall be construed to have done so,
780unless he or she gives the supervisors of the district, on or
781before the time shall have expired for filing exceptions, as
782provided in this act, notice in writing that he or she demands
783an assessment of his or her damages by a jury. If the property
784owner demands an assessment of his or her damages by a jury, the
785supervisors of the district shall institute in the Circuit Court
786of Broward County an action to condemn the lands and other
787property that must be taken or damaged in the making of such
788improvements, with the right and privilege of paying into the
789court a sum to be fixed by the circuit court or judge, and
790proceeding with the work before the assessment by the jury. Any
791person or party interested may prosecute and appeal to the
792appropriate district court of appeal in the manner and within
793the time provided by the Florida appellate rules.
794     (11)  The Clerk of the Circuit Court of Broward County
795shall transmit a certified copy of the court decree and copy of
796the commissioners? report, as confirmed or amended by the court,
797to the secretary of the board, and such clerk shall receive a
798fee of $5 for receiving, filing, and preserving same as a
799permanent record.
800     Section 15.  Adoption, revision, and revocation of water
801control plan.--In addition to and not in limitation of its power
802to provide for and adopt a water control plan provided in
803section 14 and under chapter 298, Florida Statutes, and
804amendments thereto, the board may at any time and from time to
805time adopt, revoke, or modify, in whole or in part, any water
806control plan or any plan providing for the drainage of lands
807within the district, and may provide for such new and additional
808drainage facilities, canals, ditches, levees, and other works as
809the board may determine. In connection with the revision of any
810water control plan or the providing of any new or additional
811drainage facilities, canals, ditches, levees, or other works, or
812in the event the total taxes and assessments theretofore levied
813or the funds derived from the sale of bonds are insufficient to
814pay the cost of any drainage works, benefits may be reassessed,
815additional assessments made, and taxes levied in accordance with
816the procedures provided in this act or in chapter 298, Florida
817Statutes. The board may at any time approve and make effective
818technical changes or modifications in any water control plan or
819drainage not affecting assessed benefits, levy of taxes, or the
820security of bondholders.
821     Section 16.  Assessing land for reclamation; apportionment
822of tax; lands belonging to state assessed; drainage tax
823record.--After the lists of lands, with the assessed benefits
824and the decree and judgment of court, have been filed in the
825office of the clerk of the circuit court as provided in section
82614, the board shall, without any unnecessary delay, levy a tax
827of such portion of said benefits on all lands in the district to
828which benefits have been assessed, as may be found necessary by
829the board of supervisors to pay the costs of the completion of
830the proposed works and improvements, as shown in said water
831control plan and in carrying out the objects of said district,
832and, in addition thereto, 10 percent of said total amount for
833emergencies. The said tax shall be apportioned to, and levied
834on, each tract of land in said district in proportion to the
835benefits assessed, and not in excess thereof; and in case bonds
836are issued, as provided in this chapter, a tax shall be levied
837in a sum not less than an amount 90 percent of which shall be
838equal to the principal of said bonds. The amount of bonds to be
839issued for paying the cost of the works as set forth in the
840water control plan shall be ascertained and determined by the
841board, provided, however, that the total amount of all bonds to
842be issued by the district shall in no case exceed 90 percent of
843the benefits assessed upon the lands of the district. The amount
844of the interest, as estimated by said board, that will accrue on
845such bonds shall be included and added to the said tax, but the
846interest to accrue on account of the issuing of said bonds shall
847not be construed as a part of the costs of construction in
848determining whether or not the expenses and costs of making said
849improvements are equal to, or in excess of, the benefits
850assessed. The secretary of the board of supervisors, as soon as
851said total tax is levied, shall, at the expense of the district,
852prepare a list of all taxes levied in the form of a well-bound
853book, which shall be endorsed and named the ?DRAINAGE TAX RECORD
854OF CORAL SPRINGS IMPROVEMENT DISTRICT, BROWARD COUNTY, FLORIDA,?
855which endorsement shall be printed or written at the top of each
856page in said book, signed and certified by the president and
857secretary of the board, attested by the seal of the district,
858and the same shall thereafter become a permanent record in the
859office of said secretary.
860     Section 17.  Prepayment of taxes or assessments.--The board
861may provide that any tax or assessment may be paid at any time
862before due, together with interest accrued thereon to the date
863of prepayment and any prepayment premiums or penalties, if such
864prior payment shall be permitted by the proceedings authorizing
865any bonds or other obligations for the payment of which special
866assessments have been pledged or taxes levied.
867     Section 18.  Tax liens.--All taxes of the district provided
868for in this act or chapter 298, Florida Statutes, together with
869all penalties for default in the payment of the same and all
870costs in collecting the same, including reasonable attorney's
871fees fixed by the court and taxed as cost in the action brought
872to enforce payment, shall from January 1 for each year the
873property is liable to assessment and until paid constitute a
874lien of equal dignity with the liens for state and county taxes
875and other taxes of equal dignity with state and county taxes
876upon all the lands against which such taxes shall be levied. A
877sale of any of the real property within the district for state
878and county or other taxes shall not operate to relieve or
879release the property so sold from the lien for subsequent
880district taxes or installments of district taxes which lien may
881be enforced against such property as though no such sale thereof
882had been made. The provisions of chapter 192, Florida Statutes,
883and amendments thereto shall be applicable to district taxes
884with the same force and effect as if said provisions were
885expressly set forth in this act.
886     Section 19.  Issuance of bond anticipation notes.--In
887addition to the other powers provided for in this act and not in
888limitation thereof, the district shall have the power, at any
889time and from time to time after the issuance of any bonds of
890the district shall have been authorized, to borrow money for the
891purposes for which such bonds are to be issued in anticipation
892of the receipt of the proceeds of the sale of such bonds and to
893issue bond anticipation notes in a principal sum not in excess
894of the authorized maximum amount of such bond issue. Such notes
895shall be in such denomination or denominations, bear interest at
896such rate as the board may determine not to exceed 10 percent
897per year, mature at such time or times not later than 5 years
898from the date of issuance, and be in such form and executed in
899such manner as the board shall prescribe. Such notes may be sold
900at either public or private sale, or if such notes shall be
901renewal notes, may be exchanged for notes then outstanding on
902such terms as the board shall determine. Such notes shall be
903paid from the proceeds of such bonds when issued. The board may
904in its discretion, in lieu of retiring the notes by means of
905bonds, retire them by means of current revenues or from any
906taxes or assessments levied for the payment of such bonds, but
907in such event a like amount of the bonds authorized shall not be
908issued.
909     Section 20.  Short-term borrowing.--The district at any
910time may obtain loans, in such amount and on such terms and
911conditions as the board may approve, for the purpose of paying
912any of the expenses of the district or any costs incurred or
913that may be incurred in connection with any of the projects of
914the district, which loans shall have a term not exceeding 2
915years from the date of issuance thereof, may be renewable for a
916like term or terms, shall bear such interest as the board may
917determine, not to exceed 10 percent per year, and may be payable
918from and secured by a pledge of such funds, revenues, taxes, and
919assessments as the board may determine. For the purpose of
920defraying such costs and expenses, the district may issue
921negotiable notes, warrants, or other evidences of debt signed on
922behalf of the district by any one of the board duly authorized
923by the board, such notes or other evidences of indebtedness to
924be payable at such times, to bear such interest as the board may
925determine not to exceed 10 percent per year, and to be sold or
926discounted at such price or prices and on such terms as the
927board may deem advisable. The board shall have the right to
928provide for the payment thereof by pledging the whole or any
929part of the funds, revenues, taxes, and assessments of the
930district. The approval of the qualified electors who are
931freeholders residing in the district shall not be necessary
932except where required by the State Constitution.
933     Section 21.  Trust agreements.--In the discretion of the
934board, any issue of bonds may be secured by a trust agreement by
935and between the district and a corporate trustee or trustees,
936which may be any trust company or bank having the powers of a
937trust company within or without the state. The resolution
938authorizing the issuance of the bonds or such trust agreement
939may pledge the revenues to be received from any projects of the
940district and may contain such provisions for protecting and
941enforcing the rights and remedies of the bondholders as the
942board may approve, including, without limitation, covenants
943setting forth the duties of the district in relation to the
944acquisition, construction, reconstructions, improvements,
945maintenance, repair, operation, and insurance of any projects;
946the fixing and revising of the rates, fees, and charges; the
947custody, safeguarding, and application of all moneys; and for
948the employment of counseling engineers in connection with such
949acquisition, construction, reconstruction, improvement,
950maintenance, repair, or operation. It shall be lawful for any
951bank or trust company incorporated under the laws of the state
952which may act as a depository of the proceeds of bonds or of
953revenues to furnish such indemnifying bonds or to pledge such
954securities as may be required by the district. Such resolution
955or trust agreement may set forth the rights and remedies of the
956bondholders and of the trustee, if any, and may restrict the
957individual right of action by bondholders. The board may provide
958for the payment of the proceeds of the sale of the bonds and the
959revenues of any project to such officer, board, or depository as
960it may designate for the custody thereof, and for the method of
961disbursement thereof with such safeguards and restrictions as it
962may determine. All expenses incurred in carrying out the
963provisions of such resolution or trust agreement may be treated
964as part of the cost of operation of the project to which such
965trust agreement pertains.
966     Section 22.  Sale of bonds.--Bonds may be sold in blocks or
967installments at different times, or an entire issue or series
968may be sold at one time. Bonds may be sold at public or private
969sale after such advertisement, if any, as the board may deem
970advisable but not in any event at less than 90 percent of the
971par value thereof, together with accrued interest thereon. Bonds
972may be sold or exchanged for refunding bonds. Special assessment
973and revenue bonds may be delivered as payment by the district of
974the purchase price or lease of any project or part thereof, or a
975combination of projects or parts thereof, or as the purchase
976price or exchanged for any property, real, personal, or mixed,
977including franchises, or services rendered by any contractor,
978engineer, or other person, all at one time or in blocks from
979time to time, in such manner and upon such terms as the board in
980its discretion shall determine. The price or prices for any
981bonds sold, exchanged, or delivered may be the money paid for
982the bonds; the principal amount, plus accrued interest to the
983date of redemption or exchange, or outstanding obligations
984exchanged for refunding bonds; or, in the case of special
985assessment or revenue bonds, the amount of any indebtedness to
986contractors or other persons paid with such bonds, or the fair
987value of any properties exchanged for the bonds, as determined
988by the board.
989     Section 23.  Authorization and form of bonds.--Bonds may be
990authorized by resolution or resolutions of the board which shall
991be adopted by a majority of all of the members thereof then in
992office. Such resolution or resolutions may be adopted at the
993same meeting at which they are introduced, and need not be
994published or posted. The board may by resolution authorize the
995issuance of bonds, fix the aggregate amount of bonds to be
996issued, the purpose or purposes for which the moneys derived
997therefrom shall be expended, the rate or rates of interest, not
998to exceed 10 percent per year, the denomination of the bonds,
999whether or not the bonds are to be issued in one or more series,
1000the date or dates of maturity, which shall not exceed 40 years
1001from their respective dates of issuance, the medium of payment,
1002the place or places within or without the state where payment
1003shall be made, registration privileges, redemption terms and
1004privileges (whether with or without premium), the manner of
1005execution, the form of the bonds, including any interest coupons
1006to be attached thereto, the manner of execution of bonds and
1007coupons, and any and all other terms, covenants, and conditions
1008thereof, and the establishment of revenue or other funds. Such
1009authorizing resolution may further provide that such bonds may
1010be executed manually or by engraved, lithographed, or facsimile
1011signature, provided that where signatures are engraved,
1012lithographed, or otherwise reproduced in facsimile, no bond
1013shall be valid unless countersigned by a registrar or other
1014officer designated by appropriate resolution of the board. The
1015seal of the district may be affixed, lithographed, engraved, or
1016otherwise reproduced in facsimile on such bonds. In case any
1017officer whose signature shall appear on any bonds or coupons
1018shall cease to be such officer before the delivery of such
1019bonds, such signature or facsimile shall nevertheless be valid
1020and sufficient for all purposes the same as if he or she had
1021remained in office until such delivery.
1022     Section 24.  Interim certificates; replacement
1023certificates.--Pending the preparation of definitive bonds, the
1024board may issue interim certificates or receipts or temporary
1025bonds, in such form and with such provisions as the board may
1026determine, exchangeable for definitive bonds when such bonds
1027shall have been executed and are available for delivery. The
1028board may also provide for the replacement of any bonds that
1029become mutilated, lost, or destroyed.
1030     Section 25.  Negotiability of bonds.--Any bond issued under
1031this act and any interim certificate, receipt, or temporary bond
1032shall, in the absence of an express recital on the face thereof
1033that it is nonnegotiable, be fully negotiable and shall be and
1034constitute negotiable instruments within the meaning and for all
1035purposes of the law merchant and the laws of Florida.
1036     Section 26.  Defeasance.--The board may make such provision
1037with respect to the defeasance of the right, title, and interest
1038of the holders of any of the bonds and obligations of the
1039district in any revenues, funds, or other properties by which
1040such bonds are secured as the board deems appropriate and,
1041without limitation on the foregoing, may provide that when such
1042bonds or obligations become due and payable or shall have been
1043called for redemption, and the whole amount of the principal and
1044interest and premium, if any, due and payable upon the bonds or
1045obligations then outstanding shall be paid, or sufficient monies
1046or direct obligations of the United States Government the
1047principal of and the interest on which when due will provide,
1048sufficient monies shall be held or deposited in trust for such
1049purpose, and provision shall also be made for paying all other
1050sums payable in connection with such bonds or other obligations,
1051then and in such event the right, title, and interest of the
1052holders of the bonds in any revenues, funds, or other properties
1053by which such bonds are secured shall thereupon cease,
1054determine, and become void, and the board may apply any surplus
1055in any sinking fund established in connection with such bonds or
1056obligations and all balances remaining in all other funds or
1057accounts other than money held for the redemption or payment of
1058the bonds or other obligations to any lawful purpose of the
1059district as the board shall determine.
1060     Section 27.  Issuance of additional bonds.--If the proceeds
1061of any bonds shall be less than the cost of completing the
1062project in connection with which such bonds are issued, the
1063board may authorize the issuance of additional bonds, upon such
1064terms and conditions as the board may provide in the resolution
1065authorizing the issuance thereof, but only in compliance with
1066the resolution or other proceedings authorizing the issuance of
1067the original bonds.
1068     Section 28.  Refunding bonds.--The district shall have the
1069power to issue bonds to provide for the retirement or refunding
1070of any bonds or obligations of the district that at the time of
1071such issuance are or subsequently thereto become due and
1072payable, or that at the time of issuance have been called or are
1073or will be subject to call for redemption within 10 years
1074thereafter, or the surrender of which can be procured from the
1075holders thereof at prices satisfactory to the board. Refunding
1076bonds may be issued at any time when in the judgment of the
1077board such issuance will be advantageous to the district. No
1078approval of the qualified electors who are freeholders residing
1079in the district shall be required for the issuance of refunding
1080bonds except in cases where such approval is required by the
1081constitution. The board may by resolution confer upon the
1082holders of such refunding bonds all rights, powers, and remedies
1083to which the holders would be entitled if they continued to be
1084the owners and had possession of the bonds for the refinancing
1085of which said refunding bonds are issued, including, but not
1086limited to, the preservation of the lien of such bonds on the
1087revenues of any project or on pledged funds, without
1088extinguishment, impairment, or diminution thereof. The
1089provisions of this act pertaining to bonds of the district
1090shall, unless the context otherwise requires, govern the
1091issuance of refunding bonds, the form and other details thereof,
1092the rights of the holders thereof, and the duties of the board
1093with respect to the same.
1094     Section 29.  Revenue bonds.--
1095     (1)  The district shall have the power to issue revenue
1096bonds from time to time without limitation as to amount. Such
1097revenue bonds may be secured by or payable from the gross or net
1098pledge of the revenues to be derived from any project or
1099combination of projects; from the rates, fees, or other charges
1100to be collected from the users of any project or projects; from
1101any revenue-producing undertaking or activity of the district;
1102or from any other source or pledged security. Such bonds shall
1103not constitute an indebtedness of the district, and the approval
1104neither of the qualified electors nor of the qualified electors
1105who are freeholders shall be required unless such bonds are
1106additionally secured by the full faith and credit and taxing
1107power of the district.
1108     (2)  Any two or more projects may be combined and
1109consolidated into a single project, and may thereafter be
1110operated and maintained as a single project. The revenue bonds
1111authorized herein may be issued to finance any one or more of
1112such projects, regardless whether or not such projects have been
1113combined and consolidated into a single project. If the board
1114deems it advisable, the proceedings authorizing such revenue
1115bonds may provide that the district may thereafter combine the
1116projects then being financed or theretofore financed with other
1117projects to be subsequently financed by the district, and that
1118revenue bonds to be thereafter issued by the district shall be
1119on parity with the revenue bonds then being issued, all on such
1120terms, conditions, and limitations as shall be provided, and may
1121further provide that the revenues to be derived from the
1122subsequent projects shall at the time of the issuance of such
1123parity revenue bonds be also pledged to the holders of any
1124revenue bonds theretofore issued to finance the revenue
1125undertakings which are later combined with such subsequent
1126projects. The district may pledge for the security of the
1127revenue bonds a fixed amount, without regard to any fixed
1128proportion of the gross revenues of any project.
1129     Section 30.  General obligation bonds.--
1130     (1)  The district shall have the power from time to time to
1131issue general obligation bonds in an aggregate principal amount
1132of bonds outstanding at any one time not in excess of 35 percent
1133of the assessed value of the taxable property within the
1134district as shown on the pertinent tax records at the time of
1135the authorization of the general obligation bonds for which the
1136full faith and credit of the district is pledged. Except for
1137refunding bonds, no general obligation bonds shall be issued
1138unless the issuance thereof shall have been approved at an
1139election of freeholders held in accordance with the requirements
1140for such election as prescribed by the State Constitution. Such
1141elections shall be called to be held in the district by the
1142Board of County Commissioners of Broward County upon the request
1143of the board of the district. The expenses of calling and
1144holding such referendum elections shall be borne by the district
1145and the district shall reimburse the county for any expenses
1146incurred in calling or holding such elections. In the
1147alternative, at the option of the board, the board may make such
1148other provision for the registration of such qualified electors
1149who are freeholders and the calling and holding of such
1150elections as the board may from time to time deem appropriate.
1151     (2)  The district may pledge its full faith and credit for
1152the payment of the principal and interest on such general
1153obligation bonds, and for any reserve or other funds provided
1154therefor, and may unconditionally and irrevocably pledge itself
1155to levy ad valorem taxes on all taxable property in the
1156district, to the extent necessary for the payment thereof,
1157without limitations as to rate or amount.
1158     (3)  If the board shall determine to issue general
1159obligation bonds for more than one different purpose, the
1160approval of the issuance of the bonds for each and all such
1161purposes may be submitted to the freeholders on one and the same
1162ballot. The failure of the freeholders to approve the issuance
1163of bonds for any one or more purposes shall not defeat the
1164approval of bonds for any purpose that shall be approved by the
1165freeholders.
1166     Section 31.  Bonds as legal investment or
1167security.--Notwithstanding any provisions of any other law to
1168the contrary, all bonds issued under the provisions of this act
1169shall constitute legal investments for savings banks, banks,
1170trust companies, insurance companies, executors, administrators,
1171trustees, guardians, and other fiduciaries, and for any board,
1172body, agency, instrumentality, county, municipality, or other
1173political subdivision of the state, and shall be and constitute
1174securities which may be deposited by banks or trust companies as
1175security for deposits of state, county, municipal, or other
1176public funds, or by insurance companies as required for
1177voluntary statutory deposits.
1178     Section 32.  Covenants.--Any resolution authorizing the
1179issuance of bonds may contain such covenants as the board may
1180deem advisable and all such covenants shall constitute valid and
1181legally binding and enforceable contracts between the district
1182and the bondholders, regardless of the time of issuance thereof.
1183Such covenants may include, without limitation, covenants
1184concerning the disposition of the bond proceeds; the use and
1185disposition of project revenues; the pledging of revenues,
1186taxes, and assessments; the obligations of the district with
1187respect to the operation of the project and the maintenance of
1188adequate project revenues; the issuance of additional bonds; the
1189appointment, powers, and duties of trustees and receivers; the
1190acquisition of outstanding bonds and obligations; restrictions
1191on the establishing of competing projects or facilities;
1192restrictions on the sale or disposal of the assets and property
1193of the district; the priority of assessment liens; the priority
1194of claims by bondholders on the taxing power of the district;
1195the maintenance of deposits to ensure the payment of revenues by
1196users of district facilities and services; the discontinuance of
1197district services by reason of delinquent payments; acceleration
1198upon default; the execution of necessary instruments; the
1199procedure for amending or abrogating covenants with the
1200bondholders; and such other covenants as may be deemed necessary
1201or desirable for the security of the bondholders.
1202     Section 33.  Validity of bonds; validation proceedings.--
1203     (1)  Any bonds issued by the district shall be
1204incontestable in the hands of bona fide purchasers or holders
1205for value and shall not be invalid because of any irregularity
1206or defects in the proceedings for the issue and sale thereof.
1207Prior to the issuance of any bonds, the district may, but is not
1208required to, publish a notice at least once in a newspaper or
1209newspapers published or of general circulation in Broward County
1210and within the district stating the date of adoption of the
1211resolution authorizing such obligations, the amount, the maximum
1212rate of interest and maturity of such obligations, and the
1213purpose in general terms for which such obligations are to be
1214issued, and further stating that any action or proceeding
1215questioning the validity of such obligations or of the
1216proceedings authorizing the issuance thereof, or of any of the
1217covenants made therein, must be instituted within 20 days after
1218the first publication of such notice, or the validity of such
1219obligations, proceedings, and covenants shall not be thereafter
1220questioned in any court whatsoever. If no such action or
1221proceeding is so instituted within such 20-day period, the
1222validity of such obligations, proceedings, and covenants shall
1223be conclusive, and all persons or parties whatsoever shall be
1224forever barred from questioning the validity of such
1225obligations, proceedings, or covenants in any court whatsoever.
1226     (2)  The power of the district to issue bonds under the
1227provisions of this act may be determined and any of the bonds of
1228the district may be validated and confirmed by circuit court
1229decree, under the provisions of chapter 75, Florida Statutes,
1230and laws amendatory thereof or supplementary thereto.
1231     Section 34.  Within act furnishes full authority for
1232issuance of bonds.--This act constitutes full and complete
1233authority for the issuance of bonds and the exercise of the
1234powers of the district provided herein. No procedures or
1235proceedings, publications, notices, consents, approvals, orders,
1236acts, or things by the board, or any board, officers,
1237commission, department, agency, or instrumentality of the
1238district, other than those required by this act, shall be
1239required to issue any bonds or to do any act or perform anything
1240under this act, and the issuance or sale of bonds pursuant to
1241the provisions of this act need not comply with the requirements
1242of any other law applicable to the issuance or sale of bonds,
1243except as otherwise provided in this act, and shall not require
1244the consent or approval of the board of drainage commissioners
1245of the state or of any other board, officers, commission,
1246department, agency, or instrumentality of the state or any
1247political subdivision thereof. Except as otherwise provided
1248herein, no proceedings or procedures of any character whatever
1249shall be necessary or required for the issuance of bonds other
1250than the adoption of an appropriate resolution by the board as
1251provided in this act with respect to the issuance of the same.
1252The powers conferred by this act on the district with respect to
1253the issuance and sale of bonds shall be in addition and
1254supplemental to the powers conferred by any other law.
1255     Section 35.  Pledge by the state to the bondholders of the
1256district and to the Federal Government.--The state pledges to
1257the holders of any bonds issued under this act that it will not
1258limit or alter the rights of the district to own, acquire,
1259construct, reconstruct, improve, maintain, operate, or furnish
1260the projects or to levy and collect the taxes, assessments,
1261rentals, rates, fees, and other charges provided for herein and
1262to fulfill the terms of any agreement made with the holders of
1263such bonds or other obligations, and that it will not in any way
1264impair the rights or remedies of the holders.
1265     Section 36.  Ad valorem taxes.--The board shall have the
1266power to levy and assess an ad valorem tax on all the taxable
1267real and tangible personal property in the district to pay the
1268principal of and interest on any general obligation bonds of the
1269district, and to provide for any sinking or other funds
1270established in connection with any such bonds. The ad valorem
1271tax provided for herein shall be in addition to county and all
1272other ad valorem taxes provided for by law. Such tax shall be
1273assessed, levied, and collected in the same manner and same time
1274as county taxes.
1275     Section 37.  Annual installment taxes.--
1276     (1)  The board shall annually determine, order, and levy
1277the annual installment of the total taxes that are levied under
1278chapter 298.36, Florida Statutes, which shall be due and be
1279collected during each year that county taxes are due and
1280collected and said annual installment and levy shall be
1281evidenced to and certified by the board not later than August 31
1282of each year to the Broward County Property Appraiser. Said tax
1283shall be entered by the county property appraiser on the county
1284tax rolls and shall be collected by the Broward County Tax
1285Collector in the same manner and the same time as county taxes
1286and the proceeds thereof paid to the district. The tax shall be
1287a lien until paid on the property against which assessed and
1288enforceable in like manner as county taxes.
1289     (2)  In the alternative, the board may by resolution
1290determine the amount of taxes as provided by chapter 298.37,
1291Florida Statutes, and thereafter the annual installments shall
1292be levied, collected, and enforced as provided in chapter 298,
1293Florida Statutes.
1294     Section 38.  Maintenance tax.--To maintain and preserve the
1295drainage improvements of the district, a maintenance tax shall
1296be evidenced to and certified by the board of supervisors not
1297later than August 31 of each year to the property appraiser and
1298shall be entered by the property appraiser on the county tax
1299rolls and shall be collected by the tax collector in the same
1300manner and time as county taxes and the proceeds therefrom paid
1301to the district. The tax shall be a lien until paid on the
1302property against which assessed and enforceable in like manner
1303as county taxes. If the maintenance is for original construction
1304based upon an apportionment of benefits, the maintenance tax
1305shall be apportioned on the same basis of the net assessments of
1306benefits assessed or accruing for original construction and
1307shall not exceed 10 percent thereof in any one year. If the
1308maintenance is for other drainage improvements owned, operated,
1309or acquired by the district, the amount of said maintenance tax
1310shall be determined by the board based upon a report of the
1311chief engineer and assessed by the board, upon such lands, which
1312may be all of the lands within the district benefited by the
1313maintenance thereof, apportioned between the benefited lands in
1314proportion to the benefits received by each tract of land.
1315     Section 39.  Enforcement of taxes.--The collection and
1316enforcement of all taxes levied by the district shall be at the
1317same time and in like manner as county taxes and the provisions
1318of the Florida Statutes relating to the sale of lands for unpaid
1319and delinquent county taxes, the issuance, sale, and delivery of
1320tax certificates for such unpaid and delinquent county taxes,
1321the redemption thereof, the issuance to individuals of tax deeds
1322based thereon, and all other procedures in connection therewith
1323shall be applicable to the district to the same extent as if
1324said statutory provisions were expressly set forth herein. All
1325taxes shall be subject to the same discounts as county taxes.
1326     Section 40.  When unpaid tax is delinquent; penalty.--All
1327taxes provided for in this act shall become delinquent and bear
1328penalties on the amount of said taxes in the same manner as
1329county taxes.
1330     Section 41.  Tax exemption.--As the exercise of the powers
1331conferred by this act constitute the performance of essential
1332public functions, and as the projects of the district will
1333constitute public property used for public purposes, all assets
1334and properties of the district, and all bonds issued hereunder
1335and interest paid thereon, and all fees, charges, and other
1336revenues derived by the district from the projects provided by
1337this act shall be exempt from all taxes by the state or by any
1338political subdivision, agency, or instrumentality thereof;
1339provided, however, that nothing in this act shall be deemed to
1340exempt from taxation any property, project, facility, or
1341business activity or enterprise that cannot validly be
1342undertaken as a public function by special taxing districts or
1343other public bodies under the laws and constitution of Florida;
1344and further, that nothing in this act shall be deemed to exempt
1345any property, project, facility, or business activity or
1346enterprise of the district, or revenues derived therefrom, which
1347would be subject to taxation under the general laws of Florida
1348if such property, project, or facility were owned or undertaken
1349by a municipal corporation.
1350     Section 42.  Special assessments.--
1351     (1)  The board may provide for the construction or
1352reconstruction of assessable improvements as defined in section
13534, and for the levying of special assessments upon benefited
1354property for the payment thereof, under the provisions of this
1355section.
1356     (2)  Such special assessments may be levied and assessed in
1357either of the alternate methods provided in subsection (6) or
1358subsection (7), and except for such procedure, all the other
1359provisions of this section and this act shall apply to the levy
1360and assessment of such special assessments under either
1361subsection (6) or subsection (7).
1362     (3)  The initial proceeding under subsection (6) or
1363subsection (7) shall be the passage by the board of a resolution
1364ordering the construction or reconstruction of such assessable
1365improvements, indicating the location by terminal points and
1366routes and either giving a description of the improvements by
1367its material, nature, character, and size or giving two or more
1368descriptions with the directions that the material, nature,
1369character, and size shall be subsequently determined in
1370conformity with one of such descriptions. Drainage improvements
1371need not be continuous and may be in more than one locality. The
1372resolution ordering any such improvement may give any short and
1373convenient designation to each improvement ordered thereby, and
1374the property against which assessments are to be made for the
1375cost of such improvement may give any short and convenient
1376designation to each improvement ordered thereby, and the
1377property against which assessments are to be made for the cost
1378of such improvement may be designated as an assessment district,
1379followed by a letter, number, or name to distinguish it from
1380other assessment districts, after which it shall be sufficient
1381to refer to such improvement and property by such designation in
1382all proceedings and assessments, except in the notices required
1383by this section.
1384     (4)  As soon as possible after the passage of such
1385resolution, the engineer for the district shall prepare, in
1386duplicate, plans and specifications for each improvement ordered
1387thereby and an estimate of the cost thereof. Such cost shall
1388include, in addition to the items of cost as defined in this
1389act, the following items of incidental expenses:
1390     (a)  Printing and publishing notices and proceedings.
1391     (b)  Costs of abstracts of title.
1392     (c)  Any other expense necessary or proper in conducting
1393the proceedings and work provided for in this section, including
1394the estimated amount of discount, if any, financial expenses
1395upon the sale of assessment bonds, or any other obligations
1396issued hereunder for which such special assessments are to be
1397pledged, and interest prior to and until not more than 2 years
1398after the completion of said assessable improvements. If the
1399resolution shall provide alternative descriptions of material,
1400nature, character, and size, such estimate shall include an
1401estimate of the cost of the improvement of each such
1402description.
1403     (5)  The district engineer shall next prepare in duplicate
1404a tentative apportionment of the estimated total cost of the
1405improvement as between the district and each lot or parcel of
1406land subject to special assessment under the resolution, such
1407apportionment to be made in accordance with the provisions of
1408the resolution and in relation to apportionment of cost provided
1409herein for the preliminary assessment roll. Such tentative
1410apportionment of total estimated cost shall not be held to limit
1411or restrict the duties of the engineer in the preparation of
1412such preliminary assessment roll under subsection (6). One of
1413the duplicates of such plans, specifications, and estimates and
1414such tentative apportionment shall be filed with the secretary
1415of the board and the other duplicate shall be retained by the
1416engineer in his or her files, all thereof to remain open to
1417public inspection.
1418     (6)(a)  If the special assessments are to be levied under
1419this subsection, the secretary of the board, upon filing with
1420him or her of such plans, specifications, estimates, and
1421tentative apportionment of cost, shall publish once in a
1422newspaper published in Broward County and of general circulation
1423in the district a notice stating that at a meeting of the board
1424on a certain day and hour, not earlier than 15 days after such
1425publication, the board will hear objections of all interested
1426persons to the confirmation of such resolution, which notice
1427shall state in brief and general terms a description of the
1428proposed assessable improvements with the location thereof, and
1429shall also state that plans, specifications, estimates, and
1430tentative apportionment of cost thereof are on file with the
1431secretary of the board. A copy of the notice shall be mailed to
1432the landowners of the land to be benefited by construction of
1433the assessable improvement. The landowners shall be determined
1434by reference to the last available tax roll of Broward County.
1435The secretary of the board shall keep a record in which shall be
1436inscribed, at the request of any person, firm, or corporation
1437having or claiming to have any interest in any lot or parcel of
1438land, the name and post office address of such person, firm, or
1439corporation, together with a brief description or designation of
1440such lot or parcel, and it shall be the duty of the secretary of
1441the board to mail a copy of such notice to such person, firm, or
1442corporation at such address at least 10 days before the time for
1443the hearing as stated in such notice, but the failure of the
1444secretary of the board to keep such record or so to inscribe any
1445name or address or to mail any such notice shall not constitute
1446a valid objection to holding the hearing as provided in this
1447section or to any other action taken under the authority of this
1448section.
1449     (b)  At the time named in such notice, or to which an
1450adjournment may be taken by the board, the board shall receive
1451any objections of interested persons and may then or thereafter
1452repeal or confirm such resolution with such amendments, if any,
1453as may be desired by the board and which do not cause any
1454additional property to be specially assessed.
1455     (c)  All objections to any such resolution on the ground
1456that it contains items which cannot be properly assessed against
1457property, or that it is, for any default or defect in the
1458passage or character of the resolution or the plans or
1459specifications or estimate, void or voidable in whole or in
1460part, or that it exceeds the power of the board, shall be made
1461in writing in person or by attorney, and filed with the
1462secretary of the board at or before the time or adjourned time
1463of such hearing. Any objections against the making of any
1464assessable improvements not so made shall be considered as
1465waived, and if any objection shall be made and overruled or
1466shall not be sustained, the confirmation of the resolution shall
1467be the final adjudication of the issue presented unless proper
1468steps shall be taken in a court of competent jurisdiction to
1469secure relief within 20 days.
1470     (d)  Whenever any resolution providing for the construction
1471or reconstruction of assessable improvements and for the levying
1472of special assessments upon benefited property for the payment
1473thereof shall have been confirmed, and said special assessments
1474are levied under this subsection, or at any time thereafter, the
1475board may issue assessment bonds payable out of such assessments
1476when collected. Such bonds shall mature not later than 2 years
1477after the maturity of the last annual installment in which said
1478special assessments may be paid, as provided in subsection (7),
1479and shall bear such interest as the board may determine not to
1480exceed 10 percent per year. Such assessment bonds shall be
1481executed, shall have such provisions for redemption prior to
1482maturity, and shall be sold in the manner and be subject to all
1483of the applicable provisions contained in this act applicable to
1484other bonds, except as the same are inconsistent with the
1485provisions of this section. The amount of such assessment bonds
1486for any assessable improvement, prior to the confirmation of the
1487preliminary assessment roll provided for in this subsection,
1488shall not exceed the estimated amount of the cost of such
1489assessable improvements that are to be specially assessed
1490against the lands and real estate of the engineer referred to in
1491this section.
1492     (e)  After the passage of the resolution authorizing the
1493construction or reconstruction of assessable improvements has
1494been confirmed as provided for in this subsection where special
1495assessments are levied under this subsection, or after the final
1496confirmation of the assessment roll where such assessments are
1497levied under subsection (7), the board may publish at least once
1498in a newspaper published in Broward County and of general
1499circulation in the district a notice calling for sealed bids to
1500be received by the board on a date not earlier than 15 days
1501after the first publication for the construction of the work,
1502unless in the initial resolution the board shall have declared
1503its intention to have the work done by district forces without
1504contract. The notice shall refer in general terms to the extent
1505and nature of the improvements and may identify the same by the
1506short designation indicated in the initial resolution and by
1507reference to the plans and specifications on file. If the
1508initial resolution shall have given two or more alternative
1509descriptions of the assessable improvements as to its material,
1510nature, character, and size, and if the board shall not have
1511theretofore determined upon a definite description, the notice
1512shall call for bids upon each of such descriptions. Bids may be
1513requested for the work as whole or for any part thereof
1514separately and bids may be asked for any one or more of such
1515assessable improvements authorized by the same or different
1516resolutions, but any bid covering work upon more than one
1517improvement shall be in such form as to permit a separation of
1518cost as to each improvement. The notice shall require bidders to
1519file with their bids either a certified check drawn upon an
1520incorporated bank or trust company in such amount or percentage
1521of their respective bids, as the board shall deem advisable, or
1522a bid bond in like amount with corporate surety satisfactory to
1523the board to insure the execution of a contract to carry out the
1524work in accordance with such plans and specifications and insure
1525the filing at the making of such contract, of a bond in the
1526amount of the contract price with corporate surety satisfactory
1527to the board conditioned for the performance of the work in
1528accordance with such contract. The board shall have the right to
1529reject any or all bids, and, if all bids are rejected, the board
1530may readvertise or may determine to do the work by the district
1531forces without contract.
1532     (f)  Promptly after the completion of the work, in the case
1533of special assessments levied under this subsection, the
1534engineer for the district, who is hereby designated as the
1535official of the district to make the preliminary assessment of
1536benefits from assessable improvements, shall prepare a
1537preliminary assessment roll and file the same with the secretary
1538of the board which roll shall contain the following:
1539     1.  A description of abutting lots and parcels of land or
1540lands which will benefit from such assessable improvements and
1541the amount of such benefits to each such lot or parcel of land.
1542Such lots and parcels shall include the property of Broward
1543County and any school district or other political subdivision.
1544There shall also be given the name of the owner of record of
1545each lot or parcel where practicable, and in all cases there
1546shall be given a statement of the method of assessment used by
1547the engineer for determining the benefits.
1548     2.  The total cost of the improvements and the amount of
1549incidental expense.
1550     (g)  The preliminary roll shall be advisory only and shall
1551be subject to the action of the board as hereinafter provided.
1552Upon the filing with the secretary of the board of the
1553preliminary assessment roll, the secretary of the board shall
1554publish at least once in a newspaper published in Broward County
1555and of general circulation in the district a notice stating that
1556at a meeting of the board to be held on a certain day and hour,
1557not less than 15 days after the date of such publication, which
1558meeting may be a regular, adjourned, or special meeting, all
1559interested persons may appear and file written objections to the
1560confirmation of such roll. Such notice shall state the class of
1561the assessable improvements and the location thereof by terminal
1562points and route.
1563     (h)  At the time and place stated in such notice, the board
1564shall meet and receive the objections in writing of all
1565interested persons as stated in such notice. The board may
1566adjourn the hearing from time to time. After the completion
1567thereof, the board shall annul, sustain, or modify in whole or
1568in part the prima facie assessment as indicated on such roll,
1569either by confirming the prima facie assessment against any or
1570all lots or parcels described therein or by canceling,
1571increasing, or reducing the same, according to the special
1572benefits which the board decides each such lot or parcel has
1573received or will receive on account of such improvement. If any
1574property that may be chargeable under this section shall have
1575been omitted from the preliminary roll or if the prima facie
1576assessment shall not have been made against it, the board may
1577place on such roll an apportionment to such property. The board
1578shall not confirm any assessment in excess of the special
1579benefits to the property assessed and the assessments so
1580confirmed shall be in proportion to the special benefits.
1581Forthwith, after such confirmation, such assessment roll shall
1582be delivered to the secretary of the board. The assessment so
1583made shall be final and conclusive as to each lot or parcel
1584assessed unless proper steps are taken within 30 days in a court
1585of competent jurisdiction to secure relief. If the assessment
1586against any property shall be sustained or reduced or abated by
1587the court, the secretary of the board shall note that fact on
1588the assessment roll opposite the description of the property
1589affected thereby. The amount of the special assessment against
1590any lot or parcel which may be abated by the court, unless the
1591assessment upon all benefited property be abated, or the amount
1592by which such assessment is so reduced, may by resolution of the
1593board be made chargeable against the district at large; or, at
1594the discretion of the board, a new assessment roll may be
1595prepared and confirmed in the manner hereinabove provided for
1596the preparation and confirmation of the original assessment
1597roll.
1598     (i)  Pending the final confirmation of such special
1599assessments in the manner provided in this subsection, the
1600district shall have a lien on all such lands and real estate
1601after the confirmation of the initial resolution, in the manner
1602provided in this subsection.
1603     (7)(a)  The district engineer, under the procedure provided
1604for in this subsection, shall next, after the passage of the
1605initial resolution and filing of the plans and estimates of cost
1606by the district engineer, prepare an assessment roll for the
1607district in duplicate, which assessment roll shall contain an
1608apportionment of the estimated total cost of the improvement as
1609between the district and each lot or parcel of land subject to
1610the special assessment under the initial resolution, such
1611apportionment to be made in accordance with the provisions of
1612the initial resolution. One of the duplicates of said assessment
1613roll shall be filed with the secretary of the board and the
1614other duplicate shall be retained by the district engineer in
1615his or her files, all thereof to remain open to public
1616inspection.
1617     (b)  Upon the completion and filing of said assessment
1618roll, the secretary to the board shall cause a copy thereof to
1619be published once in a newspaper published in Broward County and
1620of general circulation in the district, together with a notice
1621directed to all property owners interested in said special
1622assessments, stating that at a meeting of the board on a certain
1623day and hour, not earlier than 15 days after such publication,
1624the board sitting as an equalizing board will hear objections of
1625all interested persons to the final confirmation of such
1626assessment roll and will finally confirm such assessment roll or
1627take such action relative thereto as it deems necessary and
1628advisable. A copy of the notice shall be mailed to the
1629landowners of the land to be benefited by construction of the
1630assessable improvement. The landowners shall be determined by
1631reference to the last available tax roll of Broward County. The
1632secretary of the board shall keep a record in which shall be
1633inscribed, at the request of any person, firm, or corporation
1634having or claiming to have any interest in any lot or parcel of
1635land, the name and post office address of such person, firm, or
1636corporation, together with a brief description or designation of
1637such lot or parcel, and it shall be the duty of the secretary of
1638the board to mail a copy of such notice to such person, firm, or
1639corporation at such address at least 10 days before the time for
1640the hearing as stated in such notice, but the failure of the
1641secretary of the board to keep such record or so to inscribe any
1642name or address or to mail any such notice shall not constitute
1643a valid objection to holding the hearing as provided in this
1644section or to any other action taken under the authority of this
1645section.
1646     (c)  At the time and place named in the notice provided for
1647in paragraph (b), the board shall meet as an equalizing board to
1648hear and consider any and all complaints as to said special
1649assessments, and shall adjust and equalize the said special
1650assessments on a basis of justice and right, and when so
1651equalized and approved such special assessments shall stand
1652confirmed and remain legal, valid, and binding liens upon the
1653properties upon which such special assessments are made, until
1654paid in accordance with the provisions of this act; provided,
1655however, that upon the completion of such improvements, if the
1656actual cost of such assessable improvements is less than the
1657amount of such special assessments levied, the district shall
1658rebate to the owners of any properties which shall have been
1659specially assessed for such assessable improvements the
1660difference in the special assessments as originally made,
1661levied, and confirmed, and the proportionate part of the actual
1662cost of said assessable improvements as finally determined upon
1663the completion of said assessable improvements; and in the event
1664that the actual cost of said assessable improvements shall be
1665more than the amount of such special assessments confirmed and
1666levied, finally determined upon the completion of said
1667assessable improvements, the proportionate part of such excess
1668cost of such assessable improvements may be levied against all
1669of the lands and properties against which such special
1670assessments were originally levied, or, in the alternative, the
1671board may, in its discretion, pay such excess cost from any
1672legally available funds.
1673     (d)  All objections to any such assessment roll on the
1674ground that it contains items which cannot be properly assessed
1675against property, or that it is, for any default or defect in
1676the passage or character of the assessment roll or the plans or
1677specifications or estimate, void or voidable in whole or in
1678part, or that it exceeds the power of the board, shall be made
1679in writing in person or by attorney, and filed with the
1680secretary of the board at or before the time or adjourned time
1681of such hearing on the assessment roll. Any objections against
1682the making of any assessable improvements not so made shall be
1683considered as waived, and if any objections shall be made and
1684overruled or shall not be sustained, the confirmation of the
1685assessment roll shall be the final adjudication of the issue
1686presented unless proper steps shall be taken in a court of
1687competent jurisdiction to secure relief within 20 days.
1688     (e)  All the provisions of subsection (6) not inconsistent
1689with this subsection shall apply to the levy of special
1690assessments under this subsection.
1691     (8)(a)  Any assessment may be paid at the office of the
1692secretary of the board within 60 days after the confirmation
1693thereof, without interest. Thereafter, all assessments shall be
1694payable in equal installments, with interest as determined by
1695the board, not to exceed 10 percent per year, from the
1696expiration of said 60 days in each of the succeeding number of
1697years that the board shall determine by resolution, not
1698exceeding 20; provided, however, that the board may provide that
1699any assessment may be paid at any time before due, together with
1700interest accrued thereon to the date of payment, if such prior
1701payment shall be permitted by the proceedings authorizing any
1702assessment bonds or other obligations for the payment of which
1703such special assessments have been pledged.
1704     (b)  All such special assessments levied pursuant to this
1705act may, in the discretion of the board, be collected by the tax
1706collector of the county at the same time as the general county
1707taxes are collected by the tax collector of the county, and the
1708board shall in such event certify to the county tax collector in
1709each year a list of all such special assessments and a
1710description of and names of the owners of the properties against
1711which such special assessments have been levied and the amounts
1712due thereof in such year, and interest thereon for any
1713deficiencies for prior years. The amount to be collected in such
1714year may include, in the discretion of the board, the principal
1715installment of such special assessments which will become due at
1716any time in the next succeeding fiscal year, and all or any part
1717of the interest which will become due on such special
1718assessments during such next fiscal year, together with any
1719deficiencies for prior years.
1720     (c)  The board may in lieu of providing for the collection
1721of said special assessments by the tax collector of the county,
1722provide for the collection of said special assessments by the
1723district under such terms and conditions as the board shall
1724determine. In such event, the bills or statements for the
1725amounts due in any fiscal year shall be mailed to the owners of
1726all properties affected by such special assessments at such time
1727or times as the board shall determine and such bills or
1728statements may include all or any part of the principal and
1729interest which will mature and become due on the annual
1730installments of such special assessments during the fiscal year
1731in which installments of such special assessments are payable.
1732     (d)  All charges of the county tax collector or of the
1733district, and the fees, costs, and expenses of any paying
1734agents, trustees, or other fiduciaries for assessment bonds
1735issued under this act, shall be deemed to be costs of the
1736operation and maintenance of any drainage improvements in
1737connection with which such special assessments were levied and
1738the board shall be authorized and directed to provide for the
1739payment each year of such costs of collection, fees, and other
1740expenses from the maintenance tax as provided in this act as
1741shall be mutually agreed upon between the board and the county
1742tax collector as additional compensation for his or her services
1743for each such assessment district in which the special
1744assessments are collected by him or her.
1745     (e)  All assessments shall constitute a lien upon the
1746property so assessed from the date of final confirmation
1747thereof, of the same nature and to the same extent as the lien
1748for general county taxes falling due in the same year or years
1749in which such assessments or installments thereof fall due, and
1750any assessment or installment not paid when due shall be
1751collectable with such interest and with a reasonable attorney?s
1752fee and costs, but without penalties, by the district by
1753proceedings in a court of equity to foreclose the line of
1754assessments as a lien for mortgages is or may be foreclosed
1755under the laws of the state; provided that any such proceedings
1756to foreclose shall embrace all installments of principal
1757remaining unpaid with accrued interest thereon, which
1758installments shall, by virtue of the institution of such
1759proceedings, immediately become due and payable. Nevertheless,
1760if, prior to any sale of the property under decree of
1761foreclosure in such proceedings, payment is made of the
1762installment or installments which are shown to be due under the
1763provisions of subsection (6) or subsection (7) and all costs,
1764including interest and reasonable attorney?s fees, such payment
1765shall have the effect of restoring the remaining installments to
1766their original maturities as provided by the resolution passed
1767pursuant to this subsection and the proceedings shall be
1768dismissed. It shall be the duty of the board to enforce the
1769prompt collection of assessment by the means herein provided,
1770and such duty may be enforced at the suit of any holder of bonds
1771issued under this act in a court of competent jurisdiction by
1772mandamus or other appropriate proceedings or action. Not later
1773than 30 days after the annual installments are due and payable,
1774it shall be the duty of the board to direct the attorney for the
1775district to institute actions within 2 months after such
1776direction to enforce the collection of all special assessments
1777for assessable improvements made under this section and
1778remaining due and unpaid at the time of such direction. Such
1779action shall be prosecuted in the manner and under the
1780conditions in and under which mortgages are foreclosed under the
1781laws of the state. It shall be lawful to join in one action the
1782collection of assessments against any or all property assessed
1783by virtue of the same assessment roll unless the court shall
1784deem such joinder prejudicial to the interest of any defendant.
1785The court shall allow a reasonable attorney?s fee for the
1786attorney for the district and the same shall be collectable as a
1787part of or in addition to the costs of the action. At the sale
1788pursuant to decree in any such action, the district may be a
1789purchaser to the same extent as an individual person or
1790corporation, except that the part of the purchase price
1791represented by the assessments sued upon and the interest
1792thereon need not be paid in cash. Property so acquired by the
1793district may be sold or otherwise disposed of.
1794     (f)  All assessments and charges made under the provisions
1795of this section for the payment of all or any part of the cost
1796of any assessable improvements for which assessment bonds shall
1797have been issued under the provisions of this act, or which have
1798been pledged as additional security for any other bonds or
1799obligations issued under this act, shall be maintained in a
1800special fund or funds and be used only for the payment of
1801principal or interest on such assessment bonds or other bonds or
1802obligations.
1803     (g)  Broward County and each school district and other
1804political subdivision wholly or partly within the district shall
1805possess the same power and be subject to the same duties and
1806liabilities in respect of assessments under this section
1807affecting the real estate of such county, school district, or
1808other political subdivision that private owners of real estate
1809possess or are subject to hereunder, and such real estate of any
1810such county, school district, and political subdivision shall be
1811subject to liens for said assessments in all cases where the
1812same property would be subject to such liens had it at the time
1813the lien attached been owned by a private owner.
1814     Section 43.  Issuance of certificates of indebtedness based
1815on assessments for assessable improvements; assessment bonds.--
1816     (1)  The board may, after any assessments for assessable
1817improvements are made, determined, and confirmed as provided in
1818section 42, issue certificates of indebtedness for the amount so
1819assessed against the abutting property or property otherwise
1820benefited, as the case may be, and separate certificates shall
1821be issued against each part or parcel of land or property
1822assessed, which certificates shall state the general nature of
1823the improvement for which the said assessment is made. Said
1824certificates shall be payable in annual installments in
1825accordance with the installments of the special assessment for
1826which they are issued. The board may determine the interest to
1827be borne by such certificates, not to exceed 10 percent per
1828year, and may sell such certificates at either private or public
1829sale and determine the form, manner of execution, and other
1830details of such certificates. Such certificates shall recite
1831that they are payable only from the special assessments levied
1832and collected from the part or parcel of land or property
1833against which they are issued. The proceeds of such certificates
1834may be pledged for the payment of principal of and interest on
1835any revenue bonds or general obligation bonds issued to finance
1836in whole or in part such assessable improvement, or, if not so
1837pledged, may be used to pay the cost or part of the cost of such
1838assessable improvements.
1839     (2)  The district may also issue assessment bonds or other
1840obligations payable from a special fund into which such
1841certificates of indebtedness referred to in subsection (1) may
1842be deposited; or, if such certificates of indebtedness have not
1843been issued, the district may assign to such special fund for
1844the benefit of the holders of such assessment bonds or other
1845obligations, or to a trustee for such bondholders, the
1846assessment liens provided for in this act unless such
1847certificates of indebtedness or assessment liens have been
1848theretofore pledged for any bonds or other obligations
1849authorized hereunder. In the event of the creation of such
1850special fund and the issuance of such assessment bonds or other
1851obligations, the proceeds of such certificates of indebtedness
1852of assessment liens deposited therein shall be used only for the
1853payment of the assessment bonds or other obligations issued as
1854provided in this section. The district is hereby authorized to
1855covenant with the holders of such assessment bonds or other
1856obligations that it will diligently and faithfully enforce and
1857collect all the special assessments and interest and penalties
1858thereon for which such certificates of indebtedness or
1859assessment liens have been deposited in or assigned to such fund
1860and to foreclose such assessment liens so assigned to such
1861special fund or represented by the certificates of indebtedness
1862deposited in said special fund, after such assessment liens have
1863become delinquent, and deposit the proceeds derived from such
1864foreclosure, including interest and penalties, in such special
1865fund, and to make any other covenants deemed necessary or
1866advisable in order to properly secure the holders of such
1867assessment bonds or other obligations.
1868     (3)  The assessment bonds or other obligations issued
1869pursuant to this section shall have such dates of issue and
1870maturity as shall be deemed advisable by the board, provided,
1871however, that the maturities of such assessment bonds or other
1872obligations shall not be more than 2 years after the due date of
1873the last installment which will be payable on any of the special
1874assessments for which such assessment liens, or the certificates
1875of indebtedness representing such assessment liens, are assigned
1876to or deposited in such special fund.
1877     (4)  Such assessment bonds or other obligations issued
1878pursuant to this section shall bear such interest as the board
1879may determine not to exceed 10 percent per year, shall be
1880executed, shall have such provisions for redemption prior to
1881maturity, and shall be sold in the manner and be subject to all
1882of the applicable provisions contained in this act for revenue
1883bonds, except as the same may be inconsistent with the
1884provisions of this section.
1885     (5)  All assessment bonds or other obligations issued under
1886the provisions of this act, except certificates of indebtedness
1887issued against separate lots or parcels of land or property as
1888provided in this section, shall be and constitute and have all
1889the qualities and incidents of negotiable instruments under the
1890law merchange and the laws of the state.
1891     Section 44.  Foreclosure of liens.--Any lien in favor of
1892the district arising under chapter 298, Florida Statutes, or
1893under this act may be foreclosed by the district by foreclosure
1894proceedings in the name of the district in the circuit court in
1895like manner as is provided in chapter 173, Florida Statutes, and
1896amendments thereto, and the provisions of said chapter shall be
1897applicable to such proceedings with the same force and effect as
1898if said provisions were expressly set forth in this act. Any act
1899required or authorized to be done by or on behalf of a city or
1900town in foreclosure proceedings under chapter 173, Florida
1901Statutes, may be performed by such officer or agent of the
1902district as the board of supervisors may designate. Such
1903foreclosure proceedings may be brought at any time after the
1904expiration of 1 year after the date any tax, or installment
1905thereof, becomes delinquent.
1906     Section 45.  Payment of taxes and redemption of tax liens
1907by the district; sharing in proceeds of tax sale under section
1908194.21, Florida Statutes, as amended.--
1909     (1)  The district has the right to:
1910     (a)  Pay any delinquent state, county, district, municipal,
1911or other tax or assessment upon lands located wholly or
1912partially within the boundaries of the district.
1913     (b)  Redeem or purchase any tax sales certificate issued or
1914sold on account of any state, county, district, municipality, or
1915other taxes or assessments upon lands located wholly or
1916partially within the boundaries of the district.
1917     (2)  Delinquent taxes paid, or tax sales certificates
1918redeemed or purchased, by the district, together with all
1919penalties for the default in payment of the same and all costs
1920in collecting the same and a reasonable attorney?s fee, shall
1921constitute a lien in favor of the district of equal dignity with
1922the liens of state and county taxes and other taxes of equal
1923dignity with state and county taxes, upon all the real property
1924against which said taxes were levied. The lien of the district
1925may be foreclosed in the manner provided in this act.
1926     (3)  In any sale of land pursuant to section 194.21,
1927Florida Statutes, and amendments thereto, the district may
1928certify to the clerk of the circuit court of the county holding
1929such sale the amount of taxes due to the district upon the lands
1930sought to be sold, and the district shall share in the
1931disbursement of the sales proceeds in accordance with the
1932provisions of this act and under law.
1933     Section 46.  Mandatory use of certain district facilities
1934and services.--The district may require all lands, buildings,
1935and premises, and all persons, firms, and corporations within
1936the district to use the drainage, reclamation, and water and
1937sewer facilities of the district. Subject to such exceptions as
1938may be provided by the resolutions, rules, or bylaws of the
1939board, and subject to the terms and provisions of any resolution
1940authorizing any bonds and agreements with bondholders, no
1941drainage and reclamation or water and sewer facilities shall be
1942constructed or operated within the district unless the board
1943gives its consent thereto and approves the plans and
1944specifications therefor.
1945     Section 47.  Bids required.--No contract shall be let by
1946the board for the construction or maintenance of any project
1947authorized by this act, nor shall any goods, supplies, or
1948materials be purchased when the amount thereof to be paid by
1949said district shall exceed $4,000, unless notice of bids shall
1950be advertised once a week for 2 consecutive weeks in a newspaper
1951published in Broward County and of general circulation in the
1952district, and in each case the bid of the lowest responsible
1953bidder shall be accepted, unless all bids are rejected because
1954the bids are too high. The board may require the bidders to
1955furnish bond with responsible surety to be approved by the
1956board. Nothing in this section shall prevent the board from
1957undertaking and performing the construction, operation, and
1958maintenance of any project or facility authorized by this act,
1959by the employment of labor, material, and machinery.
1960     Section 48.  Maintenance of projects across
1961rights-of-ways.?The district shall have the power to construct
1962and operate its projects in, along, or under any dedications to
1963the public, platted rights-of-ways, platted reservations,
1964streets, alleys, highways, or other public places or ways, and
1965across any drain, ditch, canal, floodway, holding basin,
1966excavation, grade, fill, or cut, within or without the district.
1967     Section 49.  Agreements with state commissions and
1968others.--The board shall have the power to retain and enter into
1969agreements with fiscal agents, financial advisors, state
1970commissions, engineers, and other consultants or advisors with
1971respect to the issuance and sale of any bonds, and the cost and
1972expense thereof may be treated as part of the cost and expense
1973of such project. Upon request of the board, any state commission
1974may provide such technical assistance or other services relating
1975to bond issues as may be necessary or desirable under the
1976circumstances.
1977     Section 50.  Agreements with other political bodies for the
1978joint discharge of common functions.--The board and any other
1979political bodies, whether now in existence or hereafter created,
1980are authorized to enter into and carry into effect contracts and
1981agreements relating to the common powers, duties, and functions
1982of the board and any other political bodies, to the end that
1983there may be effective cooperation and coordination in
1984discharging their common functions, powers, and duties.
1985     Section 51.  Fees, rentals, and charges; procedure for
1986adoption and modifications; minimum revenue requirements.--
1987     (1)  The district is authorized to prescribe, fix,
1988establish, and collect rates, fees, rentals, or other charges,
1989hereinafter sometimes referred to by the term ?revenues,? and to
1990revise the same from time to time, for the facilities and
1991services furnished by the district, within or without the limits
1992of the district, including, but not limited to, drainage
1993facilities, recreation facilities, and water and sewer systems,
1994to recover the costs of making connection with any district
1995facility or system; and to provide for reasonable penalties
1996against any user or property for any such rates, fees, rentals,
1997or other charges that are delinquent.
1998     (2)  No such rates, fees, rentals, or other charges for any
1999of the facilities or services of the district shall be fixed
2000until after a public hearing at which all the users of the
2001proposed facility or services or owners, tenants, or occupants
2002served or to be served thereby and all other interested persons
2003shall have an opportunity to be heard concerning the proposed
2004rates, fees, rentals, or other charges. Notice of such public
2005hearing setting forth the proposed schedule or schedules of
2006rates, fees, rentals, and other charges shall have been
2007published in a newspaper in Broward County and of general
2008circulation in the district at least once at least 10 days prior
2009to such public hearing, which may be adjourned from time to
2010time. After such hearing, such schedule or schedules, either as
2011initially proposed, or as modified or amended, may be finally
2012adopted. A copy of the schedule or schedules of such rates,
2013fees, rentals, or charges as finally adopted shall be kept on
2014file in an office designated by the board and shall be open at
2015all reasonable times to public inspection. The rates, fees,
2016rentals, or charges so fixed for any class of users or property
2017served shall be extended to cover any additional users or
2018properties thereafter served that shall fall in the same class,
2019without the necessity of any notice or hearing. Any change or
2020revision of rates, fees, rentals, or charges may be made in the
2021same manner as the same were originally established, as
2022hereinabove provided, except that if such changes or revisions
2023are made substantially pro rata as to all classes of the type of
2024service involved, no notice or hearing shall be required.
2025     (3)  Such rates, fees, rentals, and charges shall be just
2026and equitable and uniform for users of the same class, and where
2027appropriate may be based or computed either upon the amount of
2028service furnished or upon the number or average number of
2029persons residing or working or otherwise occupying the premises
2030served, or upon any other factor affecting the use of the
2031facilities furnished, or upon any combination of the foregoing
2032factors, as may be determined by the board on an equitable
2033basis.
2034     (4)  The rates, fees, rentals, or other charges prescribed
2035shall be such as will produce revenues, together with any other
2036assessments, taxes, revenues, or funds available or pledged for
2037such purpose, at least sufficient to provide for the items
2038hereinafter listed, but not necessarily in the order stated:
2039     (a) To provide for all expenses of operation and
2040maintenance of such facility or service.
2041     (b) To pay when due all bonds and interest thereon for the
2042payment of which such revenues are, or shall have been, pledged
2043or encumbered, including reserves for such purpose.
2044     (c) To provide for any other funds that may be required
2045under the resolution or resolutions authorizing the issuance of
2046bonds pursuant to this act.
2047     (5)  The board shall have the power to enter into contracts
2048for the use of the projects of the district and with respect to
2049the services and facilities furnished or to be furnished by the
2050district, including, but not limited to, service agreements with
2051landowners and others within or without the district providing
2052for the drainage of land by the district or the furnishing of
2053any of the other services and facilities of the district, for
2054such consideration and on such other terms and conditions as the
2055board may approve. No hearing or notice thereof shall be
2056required prior to the authorization or execution by the board of
2057any such contract or agreement, and the same shall not be
2058subject to revision except in accordance with their terms. Such
2059contracts or agreements, and revenues or service charges
2060received or to be received by the district thereunder, may be
2061pledged as security for any of the lands of the district.
2062     Section 52.  Recovery of delinquent charges.--In the event
2063that any of the rates, fees, rentals, charges, or delinquent
2064penalties shall not be paid as and when due and shall be in
2065default for 30 days or more, the unpaid balance thereof and all
2066interest accrued thereon, together with reasonable attorney?s
2067fees and costs, may be recovered by the district in a civil
2068action.
2069     Section 53.  Discontinuance of service.--In the event that
2070the fees, rentals, or other charges for the services and
2071facilities of any project are not paid when due, the board shall
2072have the power to discontinue and shut off the same until such
2073fees, rentals, or other charges, including interest, penalties,
2074and charges for the shutting off and discontinuance and the
2075restoration of such services and facilities, are fully paid, and
2076for such purposes may enter on any lands, waters, and premises
2077of any person, firm, corporation, or body, public or private,
2078within or without the district limits. Such delinquent fees,
2079rentals, or other charges, together with interest, penalties,
2080and charges for the shutting off and discontinuance and the
2081restoration of such services and facilities, and the reasonable
2082attorney?s fees and other expenses, may be recovered by the
2083district, which may also enforce payment of such delinquent
2084fees, rentals, or other charges by any other lawful method of
2085enforcement.
2086     Section 54.  Action taken on consent of landowners.--Any
2087action required under this act or under chapter 298, Florida
2088Statutes, to be taken on public hearing for the purpose of
2089receiving and passing on objections by landowners may be taken
2090without such notice or hearing upon the written consent of all
2091of the landowners affected by such action.
2092     Section 55.  Enforcement and penalties.--The board or any
2093aggrieved person may have recourse to such remedies in law and
2094equity as may be necessary to ensure compliance with the
2095provisions of this act, including injunctive relief to enjoin or
2096restrain any person violating the provisions of this act, and
2097any bylaws, resolutions, regulations, rules, codes, and orders
2098adopted under this act. In case any building or structure is
2099erected, constructed, reconstructed, altered, repaired,
2100converted, or maintained, or any building, structure, land, or
2101water is used, in violation of this act, or of any code, order,
2102resolution, or other regulation made under authority conferred
2103by this act or under law, the board and any citizen residing in
2104the district may institute any appropriate action or proceeding
2105to prevent such unlawful erection, construction, reconstruction,
2106alteration, repair, conversion, maintenance, or use; to
2107restrain, correct, or avoid such violation; to prevent the
2108occupancy of such building, structure, land, or water; and to
2109prevent any illegal act, conduct, business, or use in or about
2110such premises, land, or water.
2111     Section 56.  Suits against the district.--No suit or action
2112shall be brought or maintained against the district for damages
2113arising out of tort or breach of contract, including, without
2114limitation, any claim arising upon account of an act causing a
2115wrongful death, unless written notice of such claim is received
2116within 180 days after receiving the alleged injury given to the
2117secretary of the board, with detailed specifications as to the
2118time, place, and manner of injury. No such suit or action shall
2119be brought or maintained unless brought within 24 months after
2120the time of the injury or damages.
2121     Section 57.  Exemption of district property from
2122execution.--All district property shall be exempt from levy and
2123sale by virtue of an execution and no execution or other
2124judicial process shall issue against such property, nor shall
2125any judgment against the district be a charge or lien on its
2126property or revenues, provided that nothing herein contained
2127shall apply to or limit the rights of bondholders to pursue any
2128remedy for the enforcement of any lien or pledge given by the
2129district in connection with any of the bonds or obligations of
2130the district.
2131     Section 4.  Chapters 70-617 and 89-419, Laws of Florida,
2132are repealed.
2133     Section 5.  If any one or more of the sections or
2134provisions of this act or the application of such sections or
2135provisions to any situation, circumstance, or person shall for
2136any reason be held to be unconstitutional, such
2137unconstitutionality shall not affect any other sections or
2138provisions as to any other situation, circumstance, or person,
2139and it is intended that this law shall be construed and applied
2140as if such section or provision had not been included herein for
2141any unconstitutional application.
2142     Section 6.  This act shall take effect upon becoming a law.


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