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.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

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.

31  

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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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