Senate Bill sb3128
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Florida Senate - 2004 (NP) SB 3128
By Senator Bullard
39-1546-04 See HB
1 A bill to be entitled
2 An act relating to Monroe County; amending
3 chapter 2002-337, Laws of Florida, as amended;
4 providing conditions for use of certain funds
5 by the Key Largo Wastewater Treatment District;
6 revising provisions relating to vacancies on
7 the governing board; providing an effective
8 date.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Subsection (2) of section 4 and subsection
13 (6) of section 5 of section 1 of chapter 2002-337, Laws of
14 Florida, as amended by chapters 2003-303 and 2003-306, Laws of
15 Florida, are amended to read:
16 Section 4. District powers, functions, and duties.--
17 (2) The district is hereby authorized and empowered:
18 (a) To adopt bylaws for the regulation of its affairs
19 and the conduct of its business.
20 (b) To adopt resolutions and policies necessary for
21 implementation, regulation, and enforcement, consistent with
22 the purposes of the district.
23 (c) To adopt an official seal for the district and to
24 alter the same at its pleasure.
25 (d) To plan, develop, purchase or otherwise acquire,
26 construct, reconstruct, improve, extend, enlarge, equip,
27 repair, maintain, and operate any wastewater management system
28 and facilities within the territorial limits of the district.
29 (e) To acquire by grant, loan, purchase, gift, or
30 devise or by the exercise of the right of eminent domain all
31 property, real or personal, or any estate or interest therein
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Florida Senate - 2004 (NP) SB 3128
39-1546-04 See HB
1 necessary, desirable, or convenient for the purposes of this
2 act, and to sell, convey, lease, rent, or assign all or any
3 part thereof and to exercise all of its powers and authority
4 with respect thereto. The exercise of eminent domain shall be
5 as provided for by applicable general law.
6 (f) To assess and impose ad valorem taxes, and non-ad
7 valorem assessments, upon the lands in the district, as
8 provided by this act and chapter 197, Florida Statutes.
9 (g) To issue revenue bonds, pursuant to section
10 189.4085, Florida Statutes, and otherwise by general law, to
11 pay the cost of purchasing or otherwise acquiring,
12 constructing, reconstructing, improving, extending, enlarging,
13 or equipping a wastewater management system.
14 (h) To issue refunding bonds, pursuant to section
15 189.4085, Florida Statutes, and otherwise by general law, to
16 refund any bonds then outstanding which shall have been issued
17 under the provisions of this act.
18 (i) To lease, rent, or contract for the operation of
19 all or any part of any wastewater management system
20 facilities.
21 (j) To fix and collect rates, rentals, fees, and
22 charges for the use of any wastewater management system
23 facilities. The district may provide for reasonable penalties
24 against any user for any such rates, fees, rentals, or other
25 charges that are delinquent. In the event that such
26 delinquency occurs and such fees, rentals, or other charges
27 are not paid and remain delinquent for 30 days or more, the
28 district may discontinue and shut off services until such
29 fees, rentals, or other charges, including interest,
30 penalties, and charges for shutting off, discontinuing, and
31 restoring such services, are fully paid. The district may
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Florida Senate - 2004 (NP) SB 3128
39-1546-04 See HB
1 enter on lands, waters, and premises of any person, firm,
2 corporation, or other body for the purpose of discontinuing
3 and shutting off services under such circumstances. Further,
4 such delinquent fees, rentals, or other charges, together with
5 interest, penalties, and charges for shutting off,
6 discontinuing, and restoring such services, and reasonable
7 attorneys' fees and other expenses may be recovered by the
8 district by suit in any court of competent jurisdiction. The
9 district may also enforce payment by any other lawful method
10 of enforcement.
11 (k) To make and enter into contracts and agreements
12 necessary or incidental to the performance of the duties
13 imposed and the execution of the powers granted under this
14 act, and to employ such consulting and other engineers,
15 superintendents, managers, construction and financial experts,
16 and attorneys, and such employees and agents as may, in the
17 judgment of the district, be necessary, and to fix their
18 compensation, provided that all such expenses shall be payable
19 solely from funds made available under the provisions of this
20 act.
21 (l) To establish, or otherwise make available, a plan
22 for retirement, disability, death, hospitalization, and other
23 appropriate benefits for officers and employees of the
24 district.
25 (m) To enter into contracts with the government of the
26 United States or the State of Florida or any agency or
27 instrumentality of either thereof, or with any county,
28 municipality, district, corporation, public or private, or
29 individual providing for or relating to wastewater management
30 system facilities.
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Florida Senate - 2004 (NP) SB 3128
39-1546-04 See HB
1 (n) To borrow money for any district purpose and may
2 execute notes, mortgages, or deeds, to secure debt, trust
3 deeds, trust agreements, and such other instruments as may be
4 necessary or convenient to evidence and secure such borrowing.
5 (o) To invest surplus funds of the district consistent
6 with the "Investment of Local Government Surplus Funds Act,"
7 part IV, chapter 218, Florida Statutes.
8 (p) To do all acts or things necessary or convenient
9 to carry out the powers expressly granted in this act.
10 (q) To use any and all funds provided to it from any
11 source to pay for the general, administrative, and overhead
12 expenses of the district, including compensation of the
13 members of the governing board, provided that the district
14 shall not use funds in a manner contrary to any express lawful
15 restriction on the use of funds imposed by the authority
16 granting the funds.
17 Section 5. Governing board.--
18 (6) If any vacancy occurs in a seat occupied by a
19 governing board member elected by the qualified electors, the
20 remaining members of the governing board shall, within 45 days
21 after the vacancy occurs, appoint a person who would be
22 eligible to hold the office for the remainder of the unexpired
23 term. Any vacancy in the membership of the governing board
24 resulting from the death, resignation, change of residence, or
25 removal of any such board member or from any other cause shall
26 be filled, for the remainder of the term, by election within
27 30 days after the occurrence of such vacancy. However, in the
28 event that the remaining term is 60 days or less, the vacancy
29 shall be filled by election at the next general election
30 pursuant to section 189.405(2)(a), Florida Statutes, as the
31 same may be amended from time to time.
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Florida Senate - 2004 (NP) SB 3128
39-1546-04 See HB
1 Section 2. This act shall take effect upon becoming a
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