Senate Bill sb3154

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004        (NP)                      SB 3154

    By Senator Campbell





    32-2482-04                                         See HB 1709

  1                      A bill to be entitled

  2         An act relating to the Coral Springs

  3         Improvement District, Broward County; providing

  4         for codification of special laws regarding

  5         special districts pursuant to s. 189.429,

  6         Florida Statutes, relating to the Coral Springs

  7         Improvement District; codifying, amending, and

  8         reenacting chapters 70-617 and 89-419, Laws of

  9         Florida; providing legislative intent; deleting

10         gender-specific references; providing a

11         district charter; repealing chapters 70-617 and

12         89-419, Laws of Florida, relating to the Coral

13         Springs Improvement District; providing

14         severability; providing an effective date.

15  

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

17  

18         Section 1.  Intent.--In accordance with section

19  189.429, Florida Statutes, this act constitutes the

20  codification of all special acts relating to the Coral Springs

21  Improvement District. It is the intent of the Legislature in

22  enacting this law to provide a single, comprehensive special

23  act charter for the district, including all current

24  legislative authority granted to the district by its several

25  legislative enactments and any additional authority granted by

26  this act.

27         Section 2.  Codification.--Chapters 70-617 and 89-419,

28  Laws of Florida, relating to the Coral Springs Improvement

29  District are codified, reenacted, amended, and repealed as

30  herein provided.

31  

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1         Section 3.  The charter for the Coral Springs

 2  Improvement District is re-created and re-enacted to read:

 3         Section 1.  Creation of the district ratified and

 4  approved; change of name of district to Coral Springs

 5  Improvement District.--The decree of the circuit court in and

 6  for the seventeenth judicial circuit of the State of Florida,

 7  entered in chancery No. 66-1301, on the 8th day of September,

 8  1966, creating and incorporating the Coral Springs Drainage

 9  District as a public corporation of this state, and all

10  subsequent proceedings taken in the circuit court concerning

11  that district, are hereby ratified, confirmed, and approved,

12  except that the boundaries of said district shall be as

13  hereinafter described. The Coral Springs Drainage District

14  shall henceforth be known by the name of Coral Springs

15  Improvement District, and shall continue to be a public

16  corporation of this state and have perpetual existence. All

17  lawful debts, bonds, obligations, contracts, franchises,

18  promissory notes, audits, minutes, resolutions, and other

19  undertakings of the Coral Springs Drainage District are hereby

20  validated and shall continue to be valid and binding on the

21  Coral Springs Improvement District in accordance with their

22  respective terms, conditions, covenants, and tenor. Any

23  proceeding heretofore begun by the Coral Springs Drainage

24  District under chapter 298, Florida Statutes, or any other

25  law, for the construction of any improvements, works, or

26  facilities, for the assessment of benefits and damages, or for

27  the borrowing of money shall not be impaired or avoided by

28  this act, but may be continued and completed in the name of

29  the Coral Springs Improvement District.

30  

31  

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1         Section 2.  Exclusion of lands and new boundaries.--The

 2  following described lands formerly within the boundaries of

 3  the district are excluded:

 4  

 5         The North one-half of Section 26, Township 48

 6         South, Range 41 East, Broward County, Florida.

 7  

 8         The boundaries of the district are:

 9  

10         Beginning at the Northwest corner of Section

11         30, Township 48 South, Range 41, East; thence

12         Southerly along the West line of said Section

13         30 and along the West line of Section 31 of

14         said Township 48 South, Range 41 East to an

15         intersection with the North right-of-way line

16         of the Pompano Canal (C14); thence Easterly

17         along the said North right-of-way line, through

18         said Section 31 and Sections 32, 33, and 34 of

19         said Township 48 South, Range 41 East to an

20         intersection with the East line of said Section

21         34; thence Northerly along the said East line

22         of Section 34 and along the East line of

23         Section 27, Township 48 South, Range 41 East,

24         to the Northeast corner of said Section 27;

25         thence Westerly along the North line of said

26         Section 27 and along the North lines of

27         Sections 28, 29, and 30 of said Township 48

28         South, Range 41 East to the said Northwest

29         corner of Section 30 and the Point of

30         Beginning; said lands situate, lying and being

31         in Broward County, Florida, which said boundary

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1         embraces and includes these certain tracts or

 2         parcels of land described as follows, to wit:

 3  

 4         All of Sections 27 and 29; and Tracts 1 through

 5         19 inclusive, Tracts 22 through 27 inclusive,

 6         Tracts 30 through 32 inclusive, and those

 7         portions of Tracts 20, 21, 28, and 29 lying

 8         North of the North right-of-way line of the

 9         Pompano Canal (C-14) of the subdivision of

10         Section 31; and Tracts 1 through 18 inclusive,

11         Tracts 22 through 26 inclusive, Tracts 31 and

12         32, and those portions of Tracts 19, 20, 21,

13         27, and 30 lying North of the North

14         right-of-way line of the Pompano Canal (C-14)

15         of the subdivision of Section 33, all according

16         to the Florida Fruit Lands Company's

17         Subdivision Map No. 2, recorded in Plat Book 1,

18         Page 102, of the public records of Palm Beach

19         County, Florida, together with all the platted

20         road rights-of-way contained therein; and all

21         of Sections 28 and 30; and those portions of

22         Sections 32 and 34 lying North of the North

23         right-of-way line of the Pompano Canal (C-14).

24  

25         All of said property situate, lying and being

26         in Township 48 South, Range 41 East, Broward

27         County, Florida.

28  

29         Section 3.  Applicability of certain provisions

30         of chapter 298, Florida Statutes, to the Coral

31         Springs Improvement District; inconsistent laws

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1         inapplicable.--The provisions of chapter 298,

 2         Florida Statutes, and all amendments thereto,

 3         now existing or hereafter enacted, are declared

 4         to be applicable to the Coral Springs

 5         Improvement District insofar as not

 6         inconsistent with the provisions of this act or

 7         any subsequent special acts relating to the

 8         Coral Springs Improvement District.

 9         Notwithstanding the foregoing, the provisions

10         of sections 298.07, 298.11, 298.12, 298.14,

11         298.15, 298.17, 298.18, 298.19, 298.20, 298.23,

12         298.24, 298.25, 298.35, 298.37, 298.38, 298.39,

13         298.40, 298.401, 298.41, 298.42, 298.44,

14         298.45, 298.46, 298.48, 298.52, 298.54, 298.56,

15         298.57, 298.61, 298.69, 298.70, 298.71, 298.72,

16         298.73, and 298.74, Florida Statutes, and

17         amendments thereto, shall not be applicable to

18         the Coral Springs Improvement District.

19         Section 4.  Definitions.--Unless the context shall

20  indicate otherwise, the following words as used in this act

21  shall have the following meanings:

22         (1)  "Assessable improvements" includes, without

23  limitation, any and all drainage and land reclamation works

24  and facilities, sewer systems, storm sewers and drains, water

25  systems, streets, roads, or other projects of the district, or

26  that portion or portions thereof, local in nature and of

27  special benefit to the premises or lands served thereby, and

28  any and all modifications, improvements, and enlargements

29  thereof.

30         (2)  "Board" means the Board of Supervisors of the

31  Coral Springs Improvement District, or if such board shall be

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  abolished, the board, body, or commission succeeding to the

 2  principal functions thereof or to whom the powers given by

 3  this act to the board shall be given by law.

 4         (3)  "Bond" includes "certificate," and provisions

 5  applicable to bonds shall be equally applicable to

 6  certificates. "Bond" includes general obligation bonds,

 7  assessment bonds, refunding bonds, revenue bonds, and such

 8  other obligations in the nature of bonds as are provided for

 9  in this act, as the case may be.

10         (4)  "Cost," when used with reference to any project,

11  includes, but is not limited to, the expenses of determining

12  the feasibility or practicability of acquisition,

13  construction, or reconstruction; the cost of surveys,

14  estimates, plans, and specifications; the cost of acquisition,

15  construction, or reconstruction; the cost of improvements;

16  engineering, fiscal, and legal expenses and charges; the cost

17  of all labor, materials, machinery, and equipment; the cost of

18  all lands, properties, rights, easements, and franchises

19  acquired; federal, state, and local taxes and assessments;

20  financing charges; the creation of initial reserve and debt

21  service funds; working capital; interest charges incurred or

22  estimated to be incurred on money borrowed prior to and during

23  construction and acquisition and for such period of time after

24  completion of construction or acquisition as the board may

25  determine; the cost of issuance of bonds pursuant to this act

26  including advertisements and printing, the cost of any

27  election held pursuant to this act, and all other expenses of

28  the issuance of bonds; discount, if any, on the sale or

29  exchange of bonds; administrative expenses; such other

30  expenses as may be necessary or incidental to the acquisition,

31  construction, or reconstruction of any project or to the

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  financing thereof, or the development of any lands within the

 2  district; and reimbursement of any public or private body,

 3  person, firm, or corporation for any moneys advanced in

 4  connection with any of the foregoing items of cost. Any

 5  obligation or expense incurred prior to the issuance of bonds

 6  in connection with the acquisition, construction, or

 7  reconstruction of any project or improvements thereon, or in

 8  connection with any other development of land that the board

 9  of the district shall determine to be necessary or desirable

10  in carrying out the purposes of this act, may be treated as a

11  part of such cost.

12         (5)  "District" means the Coral Springs Improvement

13  District and "district manager" means the manager of the

14  district.

15         (6)  "Landowner" means the owner of the freehold

16  estate, as appears by the deed record, including trustees,

17  private corporations, and owners of cooperative and

18  condominium units. "Landowner" does not include reversioners,

19  remaindermen, or mortgagees who shall not be counted and need

20  not be notified of proceedings under this act.

21         (7)  "Project" means any development, improvement,

22  property, utility, facility, works, road, enterprise, service,

23  or convenience now existing or hereafter undertaken or

24  established under the provisions of this act or under chapter

25  298, Florida Statutes.

26         (8)  "Sewer system" means any plant, system, facility,

27  or property and additions, extensions, and improvements

28  thereto at any future time constructed or acquired as part

29  thereof useful or necessary or having the present capacity for

30  future use in connection with the collection, treatment,

31  purification, or disposal of sewage, including, without

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  limitation, industrial wastes resulting from any processes of

 2  industry, manufacture, trade, or business or from the

 3  development of any natural resources. Without limiting the

 4  generality of the foregoing, "sewer system" shall include

 5  treatment plants, pumping stations, lift stations, valves,

 6  force mains, intercepting sewers, laterals, pressure lines,

 7  mains, and all necessary appurtenances and equipment, all

 8  sewer mains, laterals, and other devices for the reception and

 9  collection of sewage from premises connected therewith, and

10  all real and personal property and any interest therein,

11  rights, easements, and franchises of any nature whatsoever

12  relating to any such system and necessary or convenient for

13  operation thereof.

14         (9)  "Water and flood control facilities" means any

15  canals, ditches, or other drainage facilities, reservoirs,

16  dams, levees, sluiceways, dredging holding basins, floodways,

17  pumping stations, or any other works, structures, or

18  facilities for the conservation, control, development,

19  utilization, and disposal of water, and any purposes

20  appurtenant, necessary, or incidental thereto, and includes

21  all real and personal property and any interest therein,

22  rights, easements, and franchises of any nature relating to

23  any such water and flood control facilities or necessary or

24  convenient for the acquisition, construction, reconstruction,

25  operation, or maintenance thereof.

26         (10)  "Water system" means any plant, system, facility,

27  or property and additions, extensions, and improvements

28  thereto at any future time constructed or acquired as part

29  thereof, useful or necessary or having the present capacity

30  for future use in connection with the development of sources,

31  treatment, or purification and distribution of water and,

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  without limiting the generality of the foregoing, includes

 2  dams, reservoirs, storage tanks, mains, lines, valves, pumping

 3  stations, laterals, and pipes for the purpose of carrying

 4  water to the premises connected with such system, and all real

 5  and personal property and any interests therein, rights,

 6  easements, and franchises of any nature whatsoever relating to

 7  any such system and necessary or convenient for the operation

 8  thereof.

 9         Section 5.  Board of supervisors; election;

10  organization; terms of office; quorum; report and minutes.--

11         (1)  The board of supervisors of the district shall be

12  the governing body of the district and shall exercise the

13  powers granted to the district under this act and under

14  chapter 298, Florida Statutes. The board shall consist of

15  three members, and except as otherwise provided herein, each

16  member shall hold office for a term of 4 years and until his

17  or her successor shall be chosen and shall qualify. A majority

18  of the members of the board shall be residents of Broward

19  County, and all members shall be residents of Florida. All

20  members of the board shall be landowners within the district.

21         (2)  The persons who are members of the board of

22  supervisors of the Coral Springs Drainage District elected on

23  October 4, 1966, shall constitute the members of the board

24  until the month of June of 1971.

25         (3)  In the month of June of each fourth year

26  commencing June of 1971, there shall be held a meeting of the

27  landowners of the district at the office of the district in

28  Broward County for the purpose of electing three supervisors

29  for said district. Notice of said landowners' meeting shall be

30  published once a week for 2 consecutive weeks in a newspaper

31  in Broward County that is in general circulation in the

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  district, the last of said publication to be not less than 14

 2  days nor more than 28 days before the date of the election.

 3  The landowners, when assembled at such meeting, shall organize

 4  by electing a chair who shall conduct the meeting. At such

 5  meeting, each landowner shall be entitled to cast one vote per

 6  acre of land owned by him or her and located within the

 7  district for each person to be elected. A landowner may vote

 8  in person or by proxy in writing. Fractions of an acre shall

 9  be treated as one acre, entitling the landowner to one vote

10  with respect thereto. The three persons receiving the highest

11  number of votes for the office of supervisor shall be declared

12  elected.

13         (4)  Each supervisor, before entering upon his or her

14  official duties, shall take and subscribe to an oath of office

15  as prescribed in section 298.13, Florida Statutes.

16         (5)  All supervisors shall hold office for the terms

17  for which they are elected or appointed and until their

18  successors shall be chosen and qualify. In case of a vacancy

19  in the office of any supervisor, the remaining supervisor or

20  supervisors (even though less than a quorum) may fill such

21  vacancy by appointment of a new supervisor or supervisors for

22  the unexpired term of the supervisor who vacated his or her

23  office.

24         (6)  As soon as practicable after each election, the

25  board shall organize by choosing one of their number president

26  of the board and by electing a secretary, who need not be a

27  member of the board.

28         (7)  A majority of the members of the board shall

29  constitute a quorum.

30         (8)  The board shall keep a permanent record book

31  entitled "Record of Proceedings of Coral Springs Improvement

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  District," in which shall be recorded minutes of all meetings,

 2  resolutions, proceedings, certificates, bonds given by all

 3  employees, and any and all corporate acts, which book shall at

 4  reasonable times be opened to the inspection of any landowner,

 5  taxpayer, resident, or bondholder of the district, and such

 6  other persons as the board may determine to have a proper

 7  interest in the proceedings of the board. Such record book

 8  shall be kept at any office or other regular place of business

 9  maintained by the board in Broward County.

10         (9)  Whenever any election shall be authorized or

11  required by this act to be held by the landowners at any

12  particular or stated time or day, and if for any reason such

13  election is not held at such time or on such day, then, in

14  such event, the power or duty to hold such election shall not

15  cease or lapse, but such election shall be held thereafter

16  when practicable in accordance with the procedures provided by

17  this act.

18         Section 6.  Appointment and duties of district

19  manager.--For the purpose of preserving and maintaining any

20  facility constructed or erected under the provisions of this

21  act or chapter 298, Florida Statutes, and for maintaining and

22  operating the equipment owned by the district and such other

23  duties as may be prescribed by the board, the board may employ

24  and fix the compensation of a district manager who shall have

25  charge and supervision of the works of the district.

26         Section 7.  Treasurer; depositories; fiscal agent.--

27         (1)  The board shall designate a person who is a

28  resident of the state or a bank or trust company organized

29  under the laws of the state or under the International Banking

30  Act as treasurer of the district and such person shall have

31  charge of the funds of the district. Such funds shall be

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  disbursed only upon the order of or pursuant to the resolution

 2  of the board by warrant or check signed by the treasurer, or

 3  by such other person as may be authorized by the board. The

 4  board may give the treasurer such other or additional powers

 5  and duties as the board may deem appropriate, and fix his or

 6  her compensation. The board may require the treasurer to give

 7  a bond in such amount, on such terms, and with such sureties

 8  as may be deemed satisfactory to the board to secure the

 9  performance by the treasurer of his or her powers and duties.

10  The board shall audit or have audited the books of the

11  treasurer at least once a year.

12         (2)  The board is authorized to select as depositories

13  in which the bonds of the board and of the district shall be

14  deposited any banking corporation organized under the laws of

15  the state or under the International Banking Act, doing

16  business in the state, upon such terms and conditions as to

17  the payment of interest by such depository upon the funds so

18  deposited as the board may deem just and reasonable.

19         (3)  The board may employ a fiscal agent to perform

20  such duties and services at such rate of compensation as the

21  board may determine.

22         Section 8.  Compensation of board.--Each supervisor is

23  entitled to receive for his or her services an amount not to

24  exceed $200 per month. In addition, each supervisor shall

25  receive reasonable traveling expenses for attending the place

26  of meeting from his or her residence. Unless the board by

27  resolution otherwise provides, such traveling expenses may not

28  be in excess of the amounts provided by law for state and

29  county officials.

30         Section 9.  Powers.--The district shall have, and the

31  board may exercise, any or all of the following powers:

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1         (1)  To contract and be contracted with; to sue and be

 2  sued in the name of the district; to adopt and use a seal; and

 3  to acquire by purchase, gift, devise, eminent domain, except

 4  as limited herein, or otherwise property, real or personal, or

 5  any estate therein, within the district, to be used for any of

 6  the purposes of this act.

 7         (2)  To adopt a water control plan; and to establish,

 8  construct, operate, and maintain a system of main and lateral

 9  canals, drains, ditches, levees, dikes, dams, sluices, locaks,

10  revetments, reservoirs, holding basins, floodways, pumping

11  stations, syphons, culverts, and storm sewers to drain and

12  reclaim the lands within the district and to connect some or

13  any of them with roads and bridges as in the judgment of the

14  board is deemed advisable to provide access to such

15  facilities.

16         (3)  To acquire and maintain appropriate sites for

17  storage and maintenance of the equipment of the district; and

18  to acquire, maintain, and construct a suitable building to

19  house the office and records of the district.

20         (4)  To clean out, straighten, widen, open up, or

21  change the course and flow, and alter or deepen any canal,

22  ditch, drain, river, water course, or natural stream as within

23  the judgment of the board is deemed advisable to drain and

24  reclaim the lands within the district; to acquire, purchase,

25  operate, and maintain pumps, plants, and pumping systems for

26  drainage purposes; and to construct, operate, and maintain

27  irrigation works and machinery in connection with the purposes

28  herein set forth.

29         (5)  To regulate and set forth by appropriate

30  resolution the drainage requirements and conditions to be met

31  for plats to be entitled to record on any land within the

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  district, including authority to require as a condition

 2  precedent for any platting that good and sufficient bond be

 3  posted to ensure proper drainage for the area to be platted.

 4         (6)  To borrow money and issue bonds, certificates,

 5  warrants, notes, or other evidences of indebtedness of the

 6  district as hereinafter provided.

 7         (7)  To build and construct any other works and

 8  improvements deemed necessary to preserve and maintain the

 9  works in or out of the district; to acquire, construct,

10  operate, maintain, use, sell, convey, transfer, or otherwise

11  provide for machines and equipment for any purpose authorized

12  by this act or chapter 298, Florida Statutes; and to contract

13  for the purchase, construction, operation, maintenance, use,

14  sale, conveyance, and transfer of the said machinery and

15  equipment.

16         (8)  To construct or enlarge, or cause to be

17  constructed or enlarged, any and all bridges or culverts that

18  may be needed in or out of the district, across any drain,

19  ditch, canal, floodway, holding basin, excavation, public

20  highway, tract, grade, fill, or cut; to construct roadways

21  over levees and embankments; and to construct any and all of

22  said works and improvements across, through, or over any

23  public right-of-way, highway, grade, fill, or cut in or out of

24  the district.

25         (9)  To hold, control, and acquire by donation,

26  purchase, or condemnation any easement, reservation, or

27  dedication in the district for any of the purposes herein

28  provided; and to condemn as provided by chapters 73 and 74,

29  Florida Statutes, or acquire, by purchase or grant, for use in

30  the district, any land or property within the district

31  necessary for the purposes of this act.

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1         (10)  To assess and impose upon all of the lands in the

 2  district an ad valorem tax, an annual drainage tax, and a

 3  maintenance tax as hereinafter provided.

 4         (11)  To impose and foreclose special assessments liens

 5  as hereinafter provided.

 6         (12)  To prohibit, regulate, and restrict by

 7  appropriate resolution all structures, materials, and things,

 8  whether solid, liquid, or gas, whether permanent or temporary

 9  in nature, which come upon, come into, connect to, or be a

10  part of any facility owned or operated by the district.

11         (13)  To administer and provide for the enforcement of

12  all of the provisions herein, including the making, adopting,

13  promulgating, amending, and repealing of all rules and

14  regulations necessary or convenient for the carrying out of

15  the duties, obligations, and powers conferred on the district

16  created herein.

17         (14)  To cooperate with or contract with other water

18  control districts or other governmental agencies as may be

19  necessary, convenient, incidental, or proper in connection

20  with any of the powers, duties, or purposes of the district as

21  stated in this act.

22         (15)  To employ engineers, attorneys, agents,

23  employees, and representatives as the board of supervisors may

24  from time to time determine necessary and to fix their

25  compensation and duties.

26         (16)  To exercise all of the powers necessary,

27  convenient, incidental, or proper in connection with any of

28  the powers, duties, or purposes of said district as stated in

29  this act.

30         (17)  To construct, improve, and maintain roadways and

31  roads necessary and convenient to provide access to and

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  efficient development of areas made suitable and available for

 2  cultivation, settlement, urban subdivision, homesites, and

 3  other beneficial developments as a result of the drainage

 4  operations of the district.

 5         (18)  To make use of any public easements, dedications

 6  to public use, platted reservations for public purposes, or

 7  any reservations for drainage purposes within the boundaries

 8  of the district.

 9         (19)  To lease as lessor or lessee to or from any

10  person, firm, corporation, association, or body, public or

11  private, any projects of the type that the district is

12  authorized to undertake and facilities or property of any

13  nature for the use of the district to carry out any of the

14  purposes of this act.

15         (20)  To regulate the supply and level of water within

16  the district; to divert waters from one area, lake, pond,

17  river, stream, basin, or drainage or water flood control

18  facility to any other area, lake, pond, river, stream, basin,

19  or drainage and water flood control facility; to regulate

20  control and restrict the development and use of natural or

21  artificial streams or bodies of water, lakes, or ponds; and to

22  take all measures determined by the board to be necessary or

23  desirable to prevent or alleviate land erosion. The powers

24  granted to the district by this subsection shall be concurrent

25  within the boundaries of the district with other public

26  bodies, agencies, or authorities as may be authorized by law.

27  The district is eligible to receive moneys, disbursements, and

28  assistance from the state available to flood control or water

29  management districts and the navigation districts or agencies.

30         (21)  To own, acquire, construct, reconstruct, equip,

31  operate, maintain, extend, and improve water systems and sewer

                                  16

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  systems or combined water and sewer systems; to regulate the

 2  use of sewers and the supply of water within the district and

 3  to prohibit or regulate the use and maintenance of outhouses,

 4  privies, septic tanks, or other sanitary structures or

 5  appliances within the district; to prescribe methods of

 6  pretreatment of wastes not amenable to treatment with domestic

 7  sewage before accepting such wastes for treatment, to refuse

 8  to accept such wastes when not sufficiently pretreated as may

 9  be prescribed, and to prescribe penalties for the refusal of

10  any person or corporation to so pretreat such wastes; to sell

11  or otherwise dispose of the effluent, sludge, or other

12  byproducts as a result of sewage treatment; and to construct

13  and operate connecting, intercepting, or outlet sewers, sewer

14  mains, pipes and water mains, conduits, or pipelines in,

15  along, or under any street, alleys, highways, or other public

16  places or ways within or without the district, when deemed

17  necessary or desirable by the board. The plans for any water

18  or sewer system shall be subject to the approval of the state

19  board of health.

20         (22)  To own, acquire, construct, operate, and maintain

21  parks, playgrounds, picnic grounds, camping facilities, and

22  water recreation facilities within or without the district.

23         (23)  To issue general obligation bonds, revenue bonds,

24  assessment bonds, or any other bonds or obligations authorized

25  by the provisions of this act or any other law, or any

26  combination of the foregoing, to pay all or part of the cost

27  of the acquisition, construction, reconstruction, extension,

28  repair, improvement, maintenance, or operation of any project

29  or combination of projects; to provide for any facility,

30  service, or other activity of the district; and to provide for

31  

                                  17

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  the retirement or refunding of any bonds or obligations of the

 2  district, or for any combination of the foregoing purposes.

 3         (24)  To exercise any and all other powers conferred

 4  upon water control districts by chapter 298, Florida Statutes.

 5         Section 10.  Seal.--The official seal of the district

 6  shall bear the legend "Coral Springs Improvement District,

 7  Broward County, Florida, Seal, Established 1966."

 8         Section 11.  Fiscal year.--The board by resolution

 9  shall establish the fiscal year for the district.

10         Section 12.  Annual budget.--Prior to May 15 of each

11  year, the secretary of the district shall prepare a proposed

12  budget to be submitted to the board for its approval. The

13  proposed budget shall include an estimate of all necessary

14  expenditures of the district for the next ensuing fiscal year

15  and an estimate of income to the district from the taxes and

16  assessments provided in this act. The board shall consider the

17  proposed budget item by item and may either approve the budget

18  as proposed by the district manager or modify the same in part

19  or in whole. The board shall indicate its approval of the

20  budget by resolution, which resolution shall provide for a

21  hearing on the budget as approved. Notice of the hearing on

22  the budget shall be published in a newspaper in general

23  circulation within the district in Broward County once a week

24  for two consecutive weeks, providing that the second

25  publication shall not be less than 7 days after the first

26  publication. The notice shall be directed to all landowners in

27  the district and shall state the purpose of the meeting. The

28  notice shall further contain a designation of the date, time,

29  and place of the public hearing, which shall be not less than

30  7 days after the second publication. At the time and place

31  designated in the notice, the board shall hear all objections

                                  18

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  to the budget as proposed and make such changes as the board

 2  deems necessary. At the conclusion of the budget hearing the

 3  board shall, by resolution, adopt the budget as finally

 4  approved by the board.

 5         Section 13.  Notice and call of meetings of landowners;

 6  quorum; adjournments; representation at meetings; taking

 7  action without meeting.--

 8         (1)  The board shall publish notice of all meetings of

 9  landowners once a week for two consecutive weeks prior to such

10  meeting in a newspaper in Broward County in general

11  circulation within the district. Meetings of landowners shall

12  be held in a public place, or any other place made available

13  for the purpose of such meeting in the Broward County

14  Courthouse and the place, date, and hour of holding such

15  meeting and the purpose thereof shall be stated in the notice.

16  Landowners representing a majority of the number of acres in

17  the district, present in person or by proxy, shall constitute

18  a quorum at any meeting of the landowners; provided that

19  irrespective of the number of acres represented, there shall

20  be a minimum of five landowners owning separate parcels of

21  land at each meeting.

22         (2)  The board may call special meetings of the

23  landowners at any time to receive reports of the board or for

24  such other purpose as the board may determine. A special

25  meeting of the landowners may also be called at any time upon

26  notice as provided hereinabove at the written request of the

27  owners of not less than 25 percent in acreage of the land

28  within the district for the purpose of taking any lawful

29  action by the landowners of the district. Such special meeting

30  shall be called by any court of competent jurisdiction in the

31  event that the board fails to do so upon request as provided

                                  19

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  in the preceding sentence. Except as otherwise provided in

 2  section 5 of this act with respect to the election of

 3  supervisors, action taken at a meeting of the landowners shall

 4  be by affirmative vote of the owners of at least a majority in

 5  acreage of the land within the district represented at such

 6  meeting.

 7         (3)  If no quorum is present or represented at a

 8  meeting of the landowners at the time and place the same is

 9  called to be held, the landowners present and represented,

10  although less than a quorum, may adjourn to another time or

11  day, and at such or any subsequent adjourned meeting may, if a

12  quorum is then present or represented, take any action that

13  the landowners could have taken at the meeting or meetings so

14  adjourned for lack of a quorum.

15         (4)  At any meeting of the landowners, guardians may

16  represent their wards, executors and administrators may

17  represent the estate of deceased persons, trustees may

18  represent lands held by them in trust, and private

19  corporations may be represented by their duly authorized

20  proxy. All landowners, including guardians, executors,

21  administrators, trustees, and corporations, may be represented

22  and vote by proxy.

23         Section 14.  Water control plan; proceedings

24  thereof.--The board may proceed to adopt a water control plan

25  in accordance with the provisions of chapter 298, Florida

26  Statutes, or in accordance with the provisions of this

27  section, in which case the following shall apply:

28         (1)  The board shall cause to be made by the chief

29  engineer or such other engineer or engineers as the board may

30  employ for that purpose a complete and comprehensive plan for

31  the drainage and reclamation of the lands located within the

                                  20

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  district. The engineer or engineers designated by the board to

 2  make said plan shall make all necessary surveys of the lands

 3  within the boundary lines of said district and of all lands

 4  adjacent thereto that will be improved or reclaimed in part or

 5  in whole by any system of drainage that may be outlined and

 6  adopted, and shall make a report in writing to the board with

 7  maps and profiles of said surveys, which report shall contain

 8  a full and complete plan for drainage and reclaiming the lands

 9  located within the district from overflow or damage by water,

10  with the length, width, and depth of such canals, ditches,

11  dikes, or levees or other works as may be necessary in

12  conjunction with any canals, drains, ditches, dikes, levees,

13  or other works heretofore constructed by any other drainage or

14  reclamation district, or any other person or persons, or which

15  may hereafter be built by any or either of such agencies that

16  may be necessary or which can be advantageously used in such

17  plan and also an estimate of the cost of carrying out and

18  completing the water control plan, including the cost of

19  superintending the same and all incidental expenses in

20  connection therewith.

21         (2)  Upon the completion of such plan, the board shall

22  hold a hearing thereon to hear objections thereto and shall

23  give notice of the time and place fixed for such hearing by

24  publication once each week for two consecutive weeks in a

25  newspaper published in Broward County of general circulation

26  in the district, and shall permit the inspection of said plan

27  at the office of the district by all persons interested. All

28  objections to said plan shall be filed at or before the time

29  fixed in said notice for the hearing and shall be in writing.

30         (3)  After said hearing the board shall consider the

31  proposed plan and any objections thereto, and may modify,

                                  21

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  reject, or adopt the plan, or may continue the hearing to a

 2  day certain for further consideration of the proposed plan or

 3  modifications thereof.

 4         (4)  When the board shall approve such a plan, a

 5  resolution shall be adopted and a certified copy thereof shall

 6  be filed in the office of the secretary and incorporated into

 7  the records of the district.

 8         (5)  The water control plan may be altered in detail

 9  from time to time until the appraisal record herein provided

10  is filed, but not in such manner as materially to effect the

11  conditions of its adoption. After the appraisal record has

12  been filed no alterations of the plan or reclamation shall be

13  made, except as provided by this act.

14         (6)  Within 20 days after the final adoption of the

15  water control plan by the board, the secretary of the district

16  shall prepare and transmit a certified copy thereof to the

17  clerk of the circuit court and at the same time the board

18  shall file with said clerk a petition that the said court

19  appoint three commissioners to appraise the lands to be

20  acquired for rights-of-way, holding basins, and other drainage

21  works of the district and to assess benefits and damages

22  accruing to all lands within the district by reason of the

23  execution of the water control plan. Immediately after the

24  filing of such petition, the judge of said court in whose

25  division the petition shall have been assigned shall by an

26  order appoint three commissioners, who shall be freeholders

27  residing within Florida, and who shall not be landowners in

28  said district, nor of kin within the fourth degree of

29  consanguinity to any person owning land in said district. A

30  majority of said commissioners shall constitute a quorum and

31  

                                  22

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  shall control the action of the commissioners on all

 2  questions.

 3         (7)  Immediately upon the filing of said order of

 4  appointment, the secretary of the district shall notify each

 5  of said commissioners of his or her appointment, and in the

 6  said notice, he or she shall state the time and place for the

 7  first meeting of said commissioners. The secretary of the

 8  district, or his or her deputy, shall attend such meeting and

 9  shall furnish to said commissioners a complete list of lands

10  embraced in the district, or adjacent thereto, that will be

11  affected by the execution of the water control plan. The

12  secretary shall also furnish to the commissioners a copy of

13  the water control plan and such other papers, documents, and

14  information as the commissioners require. The commissioners at

15  the meeting shall each take and subscribe to an oath that he

16  or she will faithfully and impartially discharge his or her

17  duties as such commissioner and make a true report of the work

18  performed by such commissioners, and shall elect one of their

19  number chair. The secretary of the district, or his or her

20  deputy, shall be ex officio secretary to the commissioners,

21  and the attorney for the district, other agents, and employees

22  thereof shall cooperate with the commissioners and furnish to

23  them such advice, assistance, and cooperation as they shall

24  require.

25         (8)(a)  Immediately after qualifying as provided in

26  subsection (7), the commissioners shall commence the

27  performance of their duties and the chief engineer, or one of

28  his or her assistants, shall accompany said commissioners when

29  engaged in the discharge of their duties and shall render his

30  or her opinion in writing when called for. Said commissioners

31  shall proceed to view the premises and determine the value of

                                  23

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  the lands within or without the district to be acquired and

 2  used for rights-of-way, holding basins, and other works

 3  described in the water control plan, and they shall appraise

 4  all benefits and damages which will accrue to all lands by

 5  reason of the execution of the water control plan. The

 6  commissioners in appraising benefits to lands, public

 7  highways, railroads, and other rights-of-way shall not

 8  consider what benefits will be derived by such property after

 9  other ditches, improvements, or other plans of reclamation

10  shall have been constructed, but they shall appraise only such

11  benefits as will be derived from the construction of the works

12  and improvements described in the water control plan or as the

13  same may afford an outlet for drainage or protection from

14  overflow of such property. The commissioners shall give due

15  consideration and credit to any other drainage works which

16  have already been constructed and which afford partial or

17  complete protection to any tract or parcel of land within the

18  district. The public highways, railroads, and other

19  rights-of-way shall be appraised according to the increased

20  physical efficiency and decreased maintenance cost of roadways

21  by reason of the improvements. The commissioners shall have no

22  power to change the water control plan. The commissioners

23  shall prepare a report of their findings, which shall be

24  arranged in tabular form, the columns of which shall be headed

25  as follows: Column 1 "Owner of Property Appraised"; Column 2

26  "Description of Property Appraised"; Column 3 "Number of Acres

27  Appraised"; Column 4 "Amount of Benefits Appraised"; Column 5

28  "Amount of Damages Appraised"; Column 6 "Number of Acres to be

29  Taken for Rights-of-way, Holding Basins, etc."; Column 7

30  "Value of Property to be Taken." They shall also, by and with

31  the advice of the chief engineer, estimate the cost of the

                                  24

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  works described in the plan reclamation, which estimate shall

 2  include the cost of property required for rights-of-way,

 3  holding basins, and other works, the probable expense of

 4  organization and administration as estimated by the board of

 5  supervisors, and all of the expenses of the district during

 6  the period of executing the water control plan. Before

 7  appraisals of compensation and damages are made, the board may

 8  report to the commissioners the parcels of land it may wish to

 9  purchase and for which it may wish appraisals to be made, both

10  for easement and for purchase in fee simple, and the board may

11  specify the particular purpose for which, and the extent to

12  which, an easement in any property is desired, describing

13  definitely such purpose and extent. Wherever so instructed to

14  do so by the board, the commissioners shall appraise lands

15  that may be necessary or desirable for the district to own

16  and, when so requested by the board, the commissioners shall

17  also appraise both the total value of the land and also the

18  damages due to any easement required for the purposes of the

19  district.

20         (b)  The report of the commissioners shall be signed by

21  at least a majority of the commissioners and filed in the

22  office of the clerk of the circuit court of Broward County.

23  Each commissioner shall be paid $100 per day for his or her

24  services and necessary expenses in addition thereto.

25         (9)  Upon the filing of the report of the

26  commissioners, the clerk shall give notice thereof by causing

27  publication to be made once a week for two consecutive weeks

28  in a newspaper published in Broward County and of general

29  circulation in the district. It shall not be necessary for the

30  clerk to name the parties interested, nor to describe separate

31  

                                  25

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  lots or tracts of land in giving said notice, but it shall be

 2  sufficient to publish the said notice in the following form:

 3  

 4  "NOTICE OF FILING COMMISSIONERS' REPORT FOR CORAL SPRINGS

 5  IMPROVEMENT DISTRICT.

 6  

 7  Notice is hereby given that the commissioners heretofore

 8  appointed to appraise benefits and damages to property and

 9  lands located within the Coral Springs Improvement District in

10  the State of Florida and to appraise the cash value of the

11  land necessary to be taken for rights-of-way, holding basins,

12  and other works of said district did file their report in the

13  office of the undersigned Clerk of the Circuit Court, upon the

14  ..... day of .............., 20....., and you, and each of

15  you, are hereby notified that you may examine said report and

16  file exceptions to the same on or before the ..... day of

17  .............., 20..... (which date shall be not less than 28

18  days nor more than 30 days after the first date of

19  publication).

20                             ...................................

21                                      Clerk of the Circuit Court

22                                     of Broward County, Florida"

23  

24         (10)  The state board of drainage commissioners, the

25  water control district, or any owner of land or other property

26  to be affected by said report may file exception to any part,

27  or all, of the report of said commissioners within the time

28  specified in the notice prescribed in subsection (9). All

29  exceptions shall be heard and determined by the court. If no

30  exceptions are filed, or if it is shown, upon the hearing of

31  all of said exceptions, that the estimated cost of

                                  26

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  construction of improvements contemplated in the water control

 2  plan is less than the benefits assessed against the lands in

 3  said district, the court shall approve and confirm said

 4  commissioners' report. However, if the court, upon hearing the

 5  objections filed, finds that any or all such objections should

 6  be sustained, it shall order the report changed to conform

 7  with such findings, and when so changed, the court shall

 8  approve and confirm such report and enter its decree

 9  accordingly. The court shall adjudge and apportion the costs

10  incurred by the exceptions filed, and shall condemn any land

11  or other property, that is shown by the report of the

12  commissioners to be needed for rights-of-way, holding basins,

13  or other works, following the procedures provided in chapters

14  73 and 74, Florida Statutes; provided, however, that any

15  property owner may accept the assessment of damages in his or

16  her favor made by the commissioners, or acquiesce in their

17  failure to assess damages in his or her favor, and shall be

18  construed to have done so, unless he or she gives the

19  supervisors of the district, on or before the time shall have

20  expired for filing exceptions, as provided in this act, notice

21  in writing that he or she demands an assessment of his or her

22  damages by a jury. If the property owner demands an assessment

23  of his or her damages by a jury, the supervisors of the

24  district shall institute in the Circuit Court of Broward

25  County an action to condemn the lands and other property that

26  must be taken or damaged in the making of such improvements,

27  with the right and privilege of paying into the court a sum to

28  be fixed by the circuit court or judge, and proceeding with

29  the work before the assessment by the jury. Any person or

30  party interested may prosecute and appeal to the appropriate

31  

                                  27

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  district court of appeal in the manner and within the time

 2  provided by the Florida appellate rules.

 3         (11)  The Clerk of the Circuit Court of Broward County

 4  shall transmit a certified copy of the court decree and copy

 5  of the commissioners' report, as confirmed or amended by the

 6  court, to the secretary of the board, and such clerk shall

 7  receive a fee of $5 for receiving, filing, and preserving same

 8  as a permanent record.

 9         Section 15.  Adoption, revision, and revocation of

10  water control plan.--In addition to and not in limitation of

11  its power to provide for and adopt a water control plan

12  provided in section 14 and under chapter 298, Florida

13  Statutes, and amendments thereto, the board may at any time

14  and from time to time adopt, revoke, or modify, in whole or in

15  part, any water control plan or any plan providing for the

16  drainage of lands within the district, and may provide for

17  such new and additional drainage facilities, canals, ditches,

18  levees, and other works as the board may determine. In

19  connection with the revision of any water control plan or the

20  providing of any new or additional drainage facilities,

21  canals, ditches, levees, or other works, or in the event the

22  total taxes and assessments theretofore levied or the funds

23  derived from the sale of bonds are insufficient to pay the

24  cost of any drainage works, benefits may be reassessed,

25  additional assessments made, and taxes levied in accordance

26  with the procedures provided in this act or in chapter 298,

27  Florida Statutes. The board may at any time approve and make

28  effective technical changes or modifications in any water

29  control plan or drainage not affecting assessed benefits, levy

30  of taxes, or the security of bondholders.

31  

                                  28

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1         Section 16.  Assessing land for reclamation;

 2  apportionment of tax; lands belonging to state assessed;

 3  drainage tax record.--After the lists of lands, with the

 4  assessed benefits and the decree and judgment of court, have

 5  been filed in the office of the clerk of the circuit court as

 6  provided in section 14, the board shall, without any

 7  unnecessary delay, levy a tax of such portion of said benefits

 8  on all lands in the district to which benefits have been

 9  assessed, as may be found necessary by the board of

10  supervisors to pay the costs of the completion of the proposed

11  works and improvements, as shown in said water control plan

12  and in carrying out the objects of said district, and, in

13  addition thereto, 10 percent of said total amount for

14  emergencies. The said tax shall be apportioned to, and levied

15  on, each tract of land in said district in proportion to the

16  benefits assessed, and not in excess thereof; and in case

17  bonds are issued, as provided in this chapter, a tax shall be

18  levied in a sum not less than an amount 90 percent of which

19  shall be equal to the principal of said bonds. The amount of

20  bonds to be issued for paying the cost of the works as set

21  forth in the water control plan shall be ascertained and

22  determined by the board, provided, however, that the total

23  amount of all bonds to be issued by the district shall in no

24  case exceed 90 percent of the benefits assessed upon the lands

25  of the district. The amount of the interest, as estimated by

26  said board, that will accrue on such bonds shall be included

27  and added to the said tax, but the interest to accrue on

28  account of the issuing of said bonds shall not be construed as

29  a part of the costs of construction in determining whether or

30  not the expenses and costs of making said improvements are

31  equal to, or in excess of, the benefits assessed. The

                                  29

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  secretary of the board of supervisors, as soon as said total

 2  tax is levied, shall, at the expense of the district, prepare

 3  a list of all taxes levied in the form of a well-bound book,

 4  which shall be endorsed and named the "DRAINAGE TAX RECORD OF

 5  CORAL SPRINGS IMPROVEMENT DISTRICT, BROWARD COUNTY, FLORIDA,"

 6  which endorsement shall be printed or written at the top of

 7  each page in said book, signed and certified by the president

 8  and secretary of the board, attested by the seal of the

 9  district, and the same shall thereafter become a permanent

10  record in the office of said secretary.

11         Section 17.  Prepayment of taxes or assessments.--The

12  board may provide that any tax or assessment may be paid at

13  any time before due, together with interest accrued thereon to

14  the date of prepayment and any prepayment premiums or

15  penalties, if such prior payment shall be permitted by the

16  proceedings authorizing any bonds or other obligations for the

17  payment of which special assessments have been pledged or

18  taxes levied.

19         Section 18.  Tax liens.--All taxes of the district

20  provided for in this act or chapter 298, Florida Statutes,

21  together with all penalties for default in the payment of the

22  same and all costs in collecting the same, including

23  reasonable attorney's fees fixed by the court and taxed as

24  cost in the action brought to enforce payment, shall from

25  January 1 for each year the property is liable to assessment

26  and until paid constitute a lien of equal dignity with the

27  liens for state and county taxes and other taxes of equal

28  dignity with state and county taxes upon all the lands against

29  which such taxes shall be levied. A sale of any of the real

30  property within the district for state and county or other

31  taxes shall not operate to relieve or release the property so

                                  30

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  sold from the lien for subsequent district taxes or

 2  installments of district taxes which lien may be enforced

 3  against such property as though no such sale thereof had been

 4  made. The provisions of chapter 192, Florida Statutes, and

 5  amendments thereto shall be applicable to district taxes with

 6  the same force and effect as if said provisions were expressly

 7  set forth in this act.

 8         Section 19.  Issuance of bond anticipation notes.--In

 9  addition to the other powers provided for in this act and not

10  in limitation thereof, the district shall have the power, at

11  any time and from time to time after the issuance of any bonds

12  of the district shall have been authorized, to borrow money

13  for the purposes for which such bonds are to be issued in

14  anticipation of the receipt of the proceeds of the sale of

15  such bonds and to issue bond anticipation notes in a principal

16  sum not in excess of the authorized maximum amount of such

17  bond issue. Such notes shall be in such denomination or

18  denominations, bear interest at such rate as the board may

19  determine not to exceed 10 percent per year, mature at such

20  time or times not later than 5 years from the date of

21  issuance, and be in such form and executed in such manner as

22  the board shall prescribe. Such notes may be sold at either

23  public or private sale, or if such notes shall be renewal

24  notes, may be exchanged for notes then outstanding on such

25  terms as the board shall determine. Such notes shall be paid

26  from the proceeds of such bonds when issued. The board may in

27  its discretion, in lieu of retiring the notes by means of

28  bonds, retire them by means of current revenues or from any

29  taxes or assessments levied for the payment of such bonds, but

30  in such event a like amount of the bonds authorized shall not

31  be issued.

                                  31

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1         Section 20.  Short-term borrowing.--The district at any

 2  time may obtain loans, in such amount and on such terms and

 3  conditions as the board may approve, for the purpose of paying

 4  any of the expenses of the district or any costs incurred or

 5  that may be incurred in connection with any of the projects of

 6  the district, which loans shall have a term not exceeding 2

 7  years from the date of issuance thereof, may be renewable for

 8  a like term or terms, shall bear such interest as the board

 9  may determine, not to exceed 10 percent per year, and may be

10  payable from and secured by a pledge of such funds, revenues,

11  taxes, and assessments as the board may determine. For the

12  purpose of defraying such costs and expenses, the district may

13  issue negotiable notes, warrants, or other evidences of debt

14  signed on behalf of the district by any one of the board duly

15  authorized by the board, such notes or other evidences of

16  indebtedness to be payable at such times, to bear such

17  interest as the board may determine not to exceed 10 percent

18  per year, and to be sold or discounted at such price or prices

19  and on such terms as the board may deem advisable. The board

20  shall have the right to provide for the payment thereof by

21  pledging the whole or any part of the funds, revenues, taxes,

22  and assessments of the district. The approval of the qualified

23  electors who are freeholders residing in the district shall

24  not be necessary except where required by the State

25  Constitution.

26         Section 21.  Trust agreements.--In the discretion of

27  the board, any issue of bonds may be secured by a trust

28  agreement by and between the district and a corporate trustee

29  or trustees, which may be any trust company or bank having the

30  powers of a trust company within or without the state. The

31  resolution authorizing the issuance of the bonds or such trust

                                  32

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  agreement may pledge the revenues to be received from any

 2  projects of the district and may contain such provisions for

 3  protecting and enforcing the rights and remedies of the

 4  bondholders as the board may approve, including, without

 5  limitation, covenants setting forth the duties of the district

 6  in relation to the acquisition, construction, reconstructions,

 7  improvements, maintenance, repair, operation, and insurance of

 8  any projects; the fixing and revising of the rates, fees, and

 9  charges; the custody, safeguarding, and application of all

10  moneys; and for the employment of counseling engineers in

11  connection with such acquisition, construction,

12  reconstruction, improvement, maintenance, repair, or

13  operation. It shall be lawful for any bank or trust company

14  incorporated under the laws of the state which may act as a

15  depository of the proceeds of bonds or of revenues to furnish

16  such indemnifying bonds or to pledge such securities as may be

17  required by the district. Such resolution or trust agreement

18  may set forth the rights and remedies of the bondholders and

19  of the trustee, if any, and may restrict the individual right

20  of action by bondholders. The board may provide for the

21  payment of the proceeds of the sale of the bonds and the

22  revenues of any project to such officer, board, or depository

23  as it may designate for the custody thereof, and for the

24  method of disbursement thereof with such safeguards and

25  restrictions as it may determine. All expenses incurred in

26  carrying out the provisions of such resolution or trust

27  agreement may be treated as part of the cost of operation of

28  the project to which such trust agreement pertains.

29         Section 22.  Sale of bonds.--Bonds may be sold in

30  blocks or installments at different times, or an entire issue

31  or series may be sold at one time. Bonds may be sold at public

                                  33

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  or private sale after such advertisement, if any, as the board

 2  may deem advisable but not in any event at less than 90

 3  percent of the par value thereof, together with accrued

 4  interest thereon. Bonds may be sold or exchanged for refunding

 5  bonds. Special assessment and revenue bonds may be delivered

 6  as payment by the district of the purchase price or lease of

 7  any project or part thereof, or a combination of projects or

 8  parts thereof, or as the purchase price or exchanged for any

 9  property, real, personal, or mixed, including franchises, or

10  services rendered by any contractor, engineer, or other

11  person, all at one time or in blocks from time to time, in

12  such manner and upon such terms as the board in its discretion

13  shall determine. The price or prices for any bonds sold,

14  exchanged, or delivered may be the money paid for the bonds;

15  the principal amount, plus accrued interest to the date of

16  redemption or exchange, or outstanding obligations exchanged

17  for refunding bonds; or, in the case of special assessment or

18  revenue bonds, the amount of any indebtedness to contractors

19  or other persons paid with such bonds, or the fair value of

20  any properties exchanged for the bonds, as determined by the

21  board.

22         Section 23.  Authorization and form of bonds.--Bonds

23  may be authorized by resolution or resolutions of the board

24  which shall be adopted by a majority of all of the members

25  thereof then in office. Such resolution or resolutions may be

26  adopted at the same meeting at which they are introduced, and

27  need not be published or posted. The board may by resolution

28  authorize the issuance of bonds, fix the aggregate amount of

29  bonds to be issued, the purpose or purposes for which the

30  moneys derived therefrom shall be expended, the rate or rates

31  of interest, not to exceed 10 percent per year, the

                                  34

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  denomination of the bonds, whether or not the bonds are to be

 2  issued in one or more series, the date or dates of maturity,

 3  which shall not exceed 40 years from their respective dates of

 4  issuance, the medium of payment, the place or places within or

 5  without the state where payment shall be made, registration

 6  privileges, redemption terms and privileges (whether with or

 7  without premium), the manner of execution, the form of the

 8  bonds, including any interest coupons to be attached thereto,

 9  the manner of execution of bonds and coupons, and any and all

10  other terms, covenants, and conditions thereof, and the

11  establishment of revenue or other funds. Such authorizing

12  resolution may further provide that such bonds may be executed

13  manually or by engraved, lithographed, or facsimile signature,

14  provided that where signatures are engraved, lithographed, or

15  otherwise reproduced in facsimile, no bond shall be valid

16  unless countersigned by a registrar or other officer

17  designated by appropriate resolution of the board. The seal of

18  the district may be affixed, lithographed, engraved, or

19  otherwise reproduced in facsimile on such bonds. In case any

20  officer whose signature shall appear on any bonds or coupons

21  shall cease to be such officer before the delivery of such

22  bonds, such signature or facsimile shall nevertheless be valid

23  and sufficient for all purposes the same as if he or she had

24  remained in office until such delivery.

25         Section 24.  Interim certificates; replacement

26  certificates.--Pending the preparation of definitive bonds,

27  the board may issue interim certificates or receipts or

28  temporary bonds, in such form and with such provisions as the

29  board may determine, exchangeable for definitive bonds when

30  such bonds shall have been executed and are available for

31  

                                  35

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  delivery. The board may also provide for the replacement of

 2  any bonds that become mutilated, lost, or destroyed.

 3         Section 25.  Negotiability of bonds.--Any bond issued

 4  under this act and any interim certificate, receipt, or

 5  temporary bond shall, in the absence of an express recital on

 6  the face thereof that it is nonnegotiable, be fully negotiable

 7  and shall be and constitute negotiable instruments within the

 8  meaning and for all purposes of the law merchant and the laws

 9  of Florida.

10         Section 26.  Defeasance.--The board may make such

11  provision with respect to the defeasance of the right, title,

12  and interest of the holders of any of the bonds and

13  obligations of the district in any revenues, funds, or other

14  properties by which such bonds are secured as the board deems

15  appropriate and, without limitation on the foregoing, may

16  provide that when such bonds or obligations become due and

17  payable or shall have been called for redemption, and the

18  whole amount of the principal and interest and premium, if

19  any, due and payable upon the bonds or obligations then

20  outstanding shall be paid, or sufficient monies or direct

21  obligations of the United States Government the principal of

22  and the interest on which when due will provide, sufficient

23  monies shall be held or deposited in trust for such purpose,

24  and provision shall also be made for paying all other sums

25  payable in connection with such bonds or other obligations,

26  then and in such event the right, title, and interest of the

27  holders of the bonds in any revenues, funds, or other

28  properties by which such bonds are secured shall thereupon

29  cease, determine, and become void, and the board may apply any

30  surplus in any sinking fund established in connection with

31  such bonds or obligations and all balances remaining in all

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  other funds or accounts other than money held for the

 2  redemption or payment of the bonds or other obligations to any

 3  lawful purpose of the district as the board shall determine.

 4         Section 27.  Issuance of additional bonds.--If the

 5  proceeds of any bonds shall be less than the cost of

 6  completing the project in connection with which such bonds are

 7  issued, the board may authorize the issuance of additional

 8  bonds, upon such terms and conditions as the board may provide

 9  in the resolution authorizing the issuance thereof, but only

10  in compliance with the resolution or other proceedings

11  authorizing the issuance of the original bonds.

12         Section 28.  Refunding bonds.--The district shall have

13  the power to issue bonds to provide for the retirement or

14  refunding of any bonds or obligations of the district that at

15  the time of such issuance are or subsequently thereto become

16  due and payable, or that at the time of issuance have been

17  called or are or will be subject to call for redemption within

18  10 years thereafter, or the surrender of which can be procured

19  from the holders thereof at prices satisfactory to the board.

20  Refunding bonds may be issued at any time when in the judgment

21  of the board such issuance will be advantageous to the

22  district. No approval of the qualified electors who are

23  freeholders residing in the district shall be required for the

24  issuance of refunding bonds except in cases where such

25  approval is required by the constitution. The board may by

26  resolution confer upon the holders of such refunding bonds all

27  rights, powers, and remedies to which the holders would be

28  entitled if they continued to be the owners and had possession

29  of the bonds for the refinancing of which said refunding bonds

30  are issued, including, but not limited to, the preservation of

31  the lien of such bonds on the revenues of any project or on

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  pledged funds, without extinguishment, impairment, or

 2  diminution thereof. The provisions of this act pertaining to

 3  bonds of the district shall, unless the context otherwise

 4  requires, govern the issuance of refunding bonds, the form and

 5  other details thereof, the rights of the holders thereof, and

 6  the duties of the board with respect to the same.

 7         Section 29.  Revenue bonds.--

 8         (1)  The district shall have the power to issue revenue

 9  bonds from time to time without limitation as to amount. Such

10  revenue bonds may be secured by or payable from the gross or

11  net pledge of the revenues to be derived from any project or

12  combination of projects; from the rates, fees, or other

13  charges to be collected from the users of any project or

14  projects; from any revenue-producing undertaking or activity

15  of the district; or from any other source or pledged security.

16  Such bonds shall not constitute an indebtedness of the

17  district, and the approval neither of the qualified electors

18  nor of the qualified electors who are freeholders shall be

19  required unless such bonds are additionally secured by the

20  full faith and credit and taxing power of the district.

21         (2)  Any two or more projects may be combined and

22  consolidated into a single project, and may thereafter be

23  operated and maintained as a single project. The revenue bonds

24  authorized herein may be issued to finance any one or more of

25  such projects, regardless whether or not such projects have

26  been combined and consolidated into a single project. If the

27  board deems it advisable, the proceedings authorizing such

28  revenue bonds may provide that the district may thereafter

29  combine the projects then being financed or theretofore

30  financed with other projects to be subsequently financed by

31  the district, and that revenue bonds to be thereafter issued

                                  38

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  by the district shall be on parity with the revenue bonds then

 2  being issued, all on such terms, conditions, and limitations

 3  as shall be provided, and may further provide that the

 4  revenues to be derived from the subsequent projects shall at

 5  the time of the issuance of such parity revenue bonds be also

 6  pledged to the holders of any revenue bonds theretofore issued

 7  to finance the revenue undertakings which are later combined

 8  with such subsequent projects. The district may pledge for the

 9  security of the revenue bonds a fixed amount, without regard

10  to any fixed proportion of the gross revenues of any project.

11         Section 30.  General obligation bonds.--

12         (1)  The district shall have the power from time to

13  time to issue general obligation bonds in an aggregate

14  principal amount of bonds outstanding at any one time not in

15  excess of 35 percent of the assessed value of the taxable

16  property within the district as shown on the pertinent tax

17  records at the time of the authorization of the general

18  obligation bonds for which the full faith and credit of the

19  district is pledged. Except for refunding bonds, no general

20  obligation bonds shall be issued unless the issuance thereof

21  shall have been approved at an election of freeholders held in

22  accordance with the requirements for such election as

23  prescribed by the State Constitution. Such elections shall be

24  called to be held in the district by the Board of County

25  Commissioners of Broward County upon the request of the board

26  of the district. The expenses of calling and holding such

27  referendum elections shall be borne by the district and the

28  district shall reimburse the county for any expenses incurred

29  in calling or holding such elections. In the alternative, at

30  the option of the board, the board may make such other

31  provision for the registration of such qualified electors who

                                  39

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  are freeholders and the calling and holding of such elections

 2  as the board may from time to time deem appropriate.

 3         (2)  The district may pledge its full faith and credit

 4  for the payment of the principal and interest on such general

 5  obligation bonds, and for any reserve or other funds provided

 6  therefor, and may unconditionally and irrevocably pledge

 7  itself to levy ad valorem taxes on all taxable property in the

 8  district, to the extent necessary for the payment thereof,

 9  without limitations as to rate or amount.

10         (3)  If the board shall determine to issue general

11  obligation bonds for more than one different purpose, the

12  approval of the issuance of the bonds for each and all such

13  purposes may be submitted to the freeholders on one and the

14  same ballot. The failure of the freeholders to approve the

15  issuance of bonds for any one or more purposes shall not

16  defeat the approval of bonds for any purpose that shall be

17  approved by the freeholders.

18         Section 31.  Bonds as legal investment or

19  security.--Notwithstanding any provisions of any other law to

20  the contrary, all bonds issued under the provisions of this

21  act shall constitute legal investments for savings banks,

22  banks, trust companies, insurance companies, executors,

23  administrators, trustees, guardians, and other fiduciaries,

24  and for any board, body, agency, instrumentality, county,

25  municipality, or other political subdivision of the state, and

26  shall be and constitute securities which may be deposited by

27  banks or trust companies as security for deposits of state,

28  county, municipal, or other public funds, or by insurance

29  companies as required for voluntary statutory deposits.

30         Section 32.  Covenants.--Any resolution authorizing the

31  issuance of bonds may contain such covenants as the board may

                                  40

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  deem advisable and all such covenants shall constitute valid

 2  and legally binding and enforceable contracts between the

 3  district and the bondholders, regardless of the time of

 4  issuance thereof. Such covenants may include, without

 5  limitation, covenants concerning the disposition of the bond

 6  proceeds; the use and disposition of project revenues; the

 7  pledging of revenues, taxes, and assessments; the obligations

 8  of the district with respect to the operation of the project

 9  and the maintenance of adequate project revenues; the issuance

10  of additional bonds; the appointment, powers, and duties of

11  trustees and receivers; the acquisition of outstanding bonds

12  and obligations; restrictions on the establishing of competing

13  projects or facilities; restrictions on the sale or disposal

14  of the assets and property of the district; the priority of

15  assessment liens; the priority of claims by bondholders on the

16  taxing power of the district; the maintenance of deposits to

17  ensure the payment of revenues by users of district facilities

18  and services; the discontinuance of district services by

19  reason of delinquent payments; acceleration upon default; the

20  execution of necessary instruments; the procedure for amending

21  or abrogating covenants with the bondholders; and such other

22  covenants as may be deemed necessary or desirable for the

23  security of the bondholders.

24         Section 33.  Validity of bonds; validation

25  proceedings.--

26         (1)  Any bonds issued by the district shall be

27  incontestable in the hands of bona fide purchasers or holders

28  for value and shall not be invalid because of any irregularity

29  or defects in the proceedings for the issue and sale thereof.

30  Prior to the issuance of any bonds, the district may, but is

31  not required to, publish a notice at least once in a newspaper

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  or newspapers published or of general circulation in Broward

 2  County and within the district stating the date of adoption of

 3  the resolution authorizing such obligations, the amount, the

 4  maximum rate of interest and maturity of such obligations, and

 5  the purpose in general terms for which such obligations are to

 6  be issued, and further stating that any action or proceeding

 7  questioning the validity of such obligations or of the

 8  proceedings authorizing the issuance thereof, or of any of the

 9  covenants made therein, must be instituted within 20 days

10  after the first publication of such notice, or the validity of

11  such obligations, proceedings, and covenants shall not be

12  thereafter questioned in any court whatsoever. If no such

13  action or proceeding is so instituted within such 20-day

14  period, the validity of such obligations, proceedings, and

15  covenants shall be conclusive, and all persons or parties

16  whatsoever shall be forever barred from questioning the

17  validity of such obligations, proceedings, or covenants in any

18  court whatsoever.

19         (2)  The power of the district to issue bonds under the

20  provisions of this act may be determined and any of the bonds

21  of the district may be validated and confirmed by circuit

22  court decree, under the provisions of chapter 75, Florida

23  Statutes, and laws amendatory thereof or supplementary

24  thereto.

25         Section 34.  Within act furnishes full authority for

26  issuance of bonds.--This act constitutes full and complete

27  authority for the issuance of bonds and the exercise of the

28  powers of the district provided herein. No procedures or

29  proceedings, publications, notices, consents, approvals,

30  orders, acts, or things by the board, or any board, officers,

31  commission, department, agency, or instrumentality of the

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  district, other than those required by this act, shall be

 2  required to issue any bonds or to do any act or perform

 3  anything under this act, and the issuance or sale of bonds

 4  pursuant to the provisions of this act need not comply with

 5  the requirements of any other law applicable to the issuance

 6  or sale of bonds, except as otherwise provided in this act,

 7  and shall not require the consent or approval of the board of

 8  drainage commissioners of the state or of any other board,

 9  officers, commission, department, agency, or instrumentality

10  of the state or any political subdivision thereof. Except as

11  otherwise provided herein, no proceedings or procedures of any

12  character whatever shall be necessary or required for the

13  issuance of bonds other than the adoption of an appropriate

14  resolution by the board as provided in this act with respect

15  to the issuance of the same. The powers conferred by this act

16  on the district with respect to the issuance and sale of bonds

17  shall be in addition and supplemental to the powers conferred

18  by any other law.

19         Section 35.  Pledge by the state to the bondholders of

20  the district and to the Federal Government.--The state pledges

21  to the holders of any bonds issued under this act that it will

22  not limit or alter the rights of the district to own, acquire,

23  construct, reconstruct, improve, maintain, operate, or furnish

24  the projects or to levy and collect the taxes, assessments,

25  rentals, rates, fees, and other charges provided for herein

26  and to fulfill the terms of any agreement made with the

27  holders of such bonds or other obligations, and that it will

28  not in any way impair the rights or remedies of the holders.

29         Section 36.  Ad valorem taxes.--The board shall have

30  the power to levy and assess an ad valorem tax on all the

31  taxable real and tangible personal property in the district to

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  pay the principal of and interest on any general obligation

 2  bonds of the district, and to provide for any sinking or other

 3  funds established in connection with any such bonds. The ad

 4  valorem tax provided for herein shall be in addition to county

 5  and all other ad valorem taxes provided for by law. Such tax

 6  shall be assessed, levied, and collected in the same manner

 7  and same time as county taxes.

 8         Section 37.  Annual installment taxes.--

 9         (1)  The board shall annually determine, order, and

10  levy the annual installment of the total taxes that are levied

11  under section 298.36, Florida Statutes, which shall be due and

12  be collected during each year that county taxes are due and

13  collected and said annual installment and levy shall be

14  evidenced to and certified by the board not later than August

15  31 of each year to the Broward County Property Appraiser. Said

16  tax shall be entered by the county property appraiser on the

17  county tax rolls and shall be collected by the Broward County

18  Tax Collector in the same manner and the same time as county

19  taxes and the proceeds thereof paid to the district. The tax

20  shall be a lien until paid on the property against which

21  assessed and enforceable in like manner as county taxes.

22         (2)  In the alternative, the board may by resolution

23  determine the amount of taxes as provided by section 298.37,

24  Florida Statutes, and thereafter the annual installments shall

25  be levied, collected, and enforced as provided in chapter 298,

26  Florida Statutes.

27         Section 38.  Maintenance tax.--To maintain and preserve

28  the drainage improvements of the district, a maintenance tax

29  shall be evidenced to and certified by the board of

30  supervisors not later than August 31 of each year to the

31  property appraiser and shall be entered by the property

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  appraiser on the county tax rolls and shall be collected by

 2  the tax collector in the same manner and time as county taxes

 3  and the proceeds therefrom paid to the district. The tax shall

 4  be a lien until paid on the property against which assessed

 5  and enforceable in like manner as county taxes. If the

 6  maintenance is for original construction based upon an

 7  apportionment of benefits, the maintenance tax shall be

 8  apportioned on the same basis of the net assessments of

 9  benefits assessed or accruing for original construction and

10  shall not exceed 10 percent thereof in any one year. If the

11  maintenance is for other drainage improvements owned,

12  operated, or acquired by the district, the amount of said

13  maintenance tax shall be determined by the board based upon a

14  report of the chief engineer and assessed by the board, upon

15  such lands, which may be all of the lands within the district

16  benefited by the maintenance thereof, apportioned between the

17  benefited lands in proportion to the benefits received by each

18  tract of land.

19         Section 39.  Enforcement of taxes.--The collection and

20  enforcement of all taxes levied by the district shall be at

21  the same time and in like manner as county taxes and the

22  provisions of the Florida Statutes relating to the sale of

23  lands for unpaid and delinquent county taxes, the issuance,

24  sale, and delivery of tax certificates for such unpaid and

25  delinquent county taxes, the redemption thereof, the issuance

26  to individuals of tax deeds based thereon, and all other

27  procedures in connection therewith shall be applicable to the

28  district to the same extent as if said statutory provisions

29  were expressly set forth herein. All taxes shall be subject to

30  the same discounts as county taxes.

31  

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1         Section 40.  When unpaid tax is delinquent;

 2  penalty.--All taxes provided for in this act shall become

 3  delinquent and bear penalties on the amount of said taxes in

 4  the same manner as county taxes.

 5         Section 41.  Tax exemption.--As the exercise of the

 6  powers conferred by this act constitute the performance of

 7  essential public functions, and as the projects of the

 8  district will constitute public property used for public

 9  purposes, all assets and properties of the district, and all

10  bonds issued hereunder and interest paid thereon, and all

11  fees, charges, and other revenues derived by the district from

12  the projects provided by this act shall be exempt from all

13  taxes by the state or by any political subdivision, agency, or

14  instrumentality thereof; provided, however, that nothing in

15  this act shall be deemed to exempt from taxation any property,

16  project, facility, or business activity or enterprise that

17  cannot validly be undertaken as a public function by special

18  taxing districts or other public bodies under the laws and

19  constitution of Florida; and further, that nothing in this act

20  shall be deemed to exempt any property, project, facility, or

21  business activity or enterprise of the district, or revenues

22  derived therefrom, which would be subject to taxation under

23  the general laws of Florida if such property, project, or

24  facility were owned or undertaken by a municipal corporation.

25         Section 42.  Special assessments.--

26         (1)  The board may provide for the construction or

27  reconstruction of assessable improvements as defined in

28  section 4, and for the levying of special assessments upon

29  benefited property for the payment thereof, under the

30  provisions of this section.

31  

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1         (2)  Such special assessments may be levied and

 2  assessed in either of the alternate methods provided in

 3  subsection (6) or subsection (7), and except for such

 4  procedure, all the other provisions of this section and this

 5  act shall apply to the levy and assessment of such special

 6  assessments under either subsection (6) or subsection (7).

 7         (3)  The initial proceeding under subsection (6) or

 8  subsection (7) shall be the passage by the board of a

 9  resolution ordering the construction or reconstruction of such

10  assessable improvements, indicating the location by terminal

11  points and routes and either giving a description of the

12  improvements by its material, nature, character, and size or

13  giving two or more descriptions with the directions that the

14  material, nature, character, and size shall be subsequently

15  determined in conformity with one of such descriptions.

16  Drainage improvements need not be continuous and may be in

17  more than one locality. The resolution ordering any such

18  improvement may give any short and convenient designation to

19  each improvement ordered thereby, and the property against

20  which assessments are to be made for the cost of such

21  improvement may give any short and convenient designation to

22  each improvement ordered thereby, and the property against

23  which assessments are to be made for the cost of such

24  improvement may be designated as an assessment district,

25  followed by a letter, number, or name to distinguish it from

26  other assessment districts, after which it shall be sufficient

27  to refer to such improvement and property by such designation

28  in all proceedings and assessments, except in the notices

29  required by this section.

30         (4)  As soon as possible after the passage of such

31  resolution, the engineer for the district shall prepare, in

                                  47

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  duplicate, plans and specifications for each improvement

 2  ordered thereby and an estimate of the cost thereof. Such cost

 3  shall include, in addition to the items of cost as defined in

 4  this act, the following items of incidental expenses:

 5         (a)  Printing and publishing notices and proceedings.

 6         (b)  Costs of abstracts of title.

 7         (c)  Any other expense necessary or proper in

 8  conducting the proceedings and work provided for in this

 9  section, including the estimated amount of discount, if any,

10  financial expenses upon the sale of assessment bonds, or any

11  other obligations issued hereunder for which such special

12  assessments are to be pledged, and interest prior to and until

13  not more than 2 years after the completion of said assessable

14  improvements. If the resolution shall provide alternative

15  descriptions of material, nature, character, and size, such

16  estimate shall include an estimate of the cost of the

17  improvement of each such description.

18         (5)  The district engineer shall next prepare in

19  duplicate a tentative apportionment of the estimated total

20  cost of the improvement as between the district and each lot

21  or parcel of land subject to special assessment under the

22  resolution, such apportionment to be made in accordance with

23  the provisions of the resolution and in relation to

24  apportionment of cost provided herein for the preliminary

25  assessment roll. Such tentative apportionment of total

26  estimated cost shall not be held to limit or restrict the

27  duties of the engineer in the preparation of such preliminary

28  assessment roll under subsection (6). One of the duplicates of

29  such plans, specifications, and estimates and such tentative

30  apportionment shall be filed with the secretary of the board

31  and the other duplicate shall be retained by the engineer in

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  his or her files, all thereof to remain open to public

 2  inspection.

 3         (6)(a)  If the special assessments are to be levied

 4  under this subsection, the secretary of the board, upon filing

 5  with him or her of such plans, specifications, estimates, and

 6  tentative apportionment of cost, shall publish once in a

 7  newspaper published in Broward County and of general

 8  circulation in the district a notice stating that at a meeting

 9  of the board on a certain day and hour, not earlier than 15

10  days after such publication, the board will hear objections of

11  all interested persons to the confirmation of such resolution,

12  which notice shall state in brief and general terms a

13  description of the proposed assessable improvements with the

14  location thereof, and shall also state that plans,

15  specifications, estimates, and tentative apportionment of cost

16  thereof are on file with the secretary of the board. A copy of

17  the notice shall be mailed to the landowners of the land to be

18  benefited by construction of the assessable improvement. The

19  landowners shall be determined by reference to the last

20  available tax roll of Broward County. The secretary of the

21  board shall keep a record in which shall be inscribed, at the

22  request of any person, firm, or corporation having or claiming

23  to have any interest in any lot or parcel of land, the name

24  and post office address of such person, firm, or corporation,

25  together with a brief description or designation of such lot

26  or parcel, and it shall be the duty of the secretary of the

27  board to mail a copy of such notice to such person, firm, or

28  corporation at such address at least 10 days before the time

29  for the hearing as stated in such notice, but the failure of

30  the secretary of the board to keep such record or so to

31  inscribe any name or address or to mail any such notice shall

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  not constitute a valid objection to holding the hearing as

 2  provided in this section or to any other action taken under

 3  the authority of this section.

 4         (b)  At the time named in such notice, or to which an

 5  adjournment may be taken by the board, the board shall receive

 6  any objections of interested persons and may then or

 7  thereafter repeal or confirm such resolution with such

 8  amendments, if any, as may be desired by the board and which

 9  do not cause any additional property to be specially assessed.

10         (c)  All objections to any such resolution on the

11  ground that it contains items which cannot be properly

12  assessed against property, or that it is, for any default or

13  defect in the passage or character of the resolution or the

14  plans or specifications or estimate, void or voidable in whole

15  or in part, or that it exceeds the power of the board, shall

16  be made in writing in person or by attorney, and filed with

17  the secretary of the board at or before the time or adjourned

18  time of such hearing. Any objections against the making of any

19  assessable improvements not so made shall be considered as

20  waived, and if any objection shall be made and overruled or

21  shall not be sustained, the confirmation of the resolution

22  shall be the final adjudication of the issue presented unless

23  proper steps shall be taken in a court of competent

24  jurisdiction to secure relief within 20 days.

25         (d)  Whenever any resolution providing for the

26  construction or reconstruction of assessable improvements and

27  for the levying of special assessments upon benefited property

28  for the payment thereof shall have been confirmed, and said

29  special assessments are levied under this subsection, or at

30  any time thereafter, the board may issue assessment bonds

31  payable out of such assessments when collected. Such bonds

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  shall mature not later than 2 years after the maturity of the

 2  last annual installment in which said special assessments may

 3  be paid, as provided in subsection (7), and shall bear such

 4  interest as the board may determine not to exceed 10 percent

 5  per year. Such assessment bonds shall be executed, shall have

 6  such provisions for redemption prior to maturity, and shall be

 7  sold in the manner and be subject to all of the applicable

 8  provisions contained in this act applicable to other bonds,

 9  except as the same are inconsistent with the provisions of

10  this section. The amount of such assessment bonds for any

11  assessable improvement, prior to the confirmation of the

12  preliminary assessment roll provided for in this subsection,

13  shall not exceed the estimated amount of the cost of such

14  assessable improvements that are to be specially assessed

15  against the lands and real estate of the engineer referred to

16  in this section.

17         (e)  After the passage of the resolution authorizing

18  the construction or reconstruction of assessable improvements

19  has been confirmed as provided for in this subsection where

20  special assessments are levied under this subsection, or after

21  the final confirmation of the assessment roll where such

22  assessments are levied under subsection (7), the board may

23  publish at least once in a newspaper published in Broward

24  County and of general circulation in the district a notice

25  calling for sealed bids to be received by the board on a date

26  not earlier than 15 days after the first publication for the

27  construction of the work, unless in the initial resolution the

28  board shall have declared its intention to have the work done

29  by district forces without contract. The notice shall refer in

30  general terms to the extent and nature of the improvements and

31  may identify the same by the short designation indicated in

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  the initial resolution and by reference to the plans and

 2  specifications on file. If the initial resolution shall have

 3  given two or more alternative descriptions of the assessable

 4  improvements as to its material, nature, character, and size,

 5  and if the board shall not have theretofore determined upon a

 6  definite description, the notice shall call for bids upon each

 7  of such descriptions. Bids may be requested for the work as

 8  whole or for any part thereof separately and bids may be asked

 9  for any one or more of such assessable improvements authorized

10  by the same or different resolutions, but any bid covering

11  work upon more than one improvement shall be in such form as

12  to permit a separation of cost as to each improvement. The

13  notice shall require bidders to file with their bids either a

14  certified check drawn upon an incorporated bank or trust

15  company in such amount or percentage of their respective bids,

16  as the board shall deem advisable, or a bid bond in like

17  amount with corporate surety satisfactory to the board to

18  insure the execution of a contract to carry out the work in

19  accordance with such plans and specifications and insure the

20  filing at the making of such contract, of a bond in the amount

21  of the contract price with corporate surety satisfactory to

22  the board conditioned for the performance of the work in

23  accordance with such contract. The board shall have the right

24  to reject any or all bids, and, if all bids are rejected, the

25  board may readvertise or may determine to do the work by the

26  district forces without contract.

27         (f)  Promptly after the completion of the work, in the

28  case of special assessments levied under this subsection, the

29  engineer for the district, who is hereby designated as the

30  official of the district to make the preliminary assessment of

31  benefits from assessable improvements, shall prepare a

                                  52

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  preliminary assessment roll and file the same with the

 2  secretary of the board which roll shall contain the following:

 3         1.  A description of abutting lots and parcels of land

 4  or lands which will benefit from such assessable improvements

 5  and the amount of such benefits to each such lot or parcel of

 6  land. Such lots and parcels shall include the property of

 7  Broward County and any school district or other political

 8  subdivision. There shall also be given the name of the owner

 9  of record of each lot or parcel where practicable, and in all

10  cases there shall be given a statement of the method of

11  assessment used by the engineer for determining the benefits.

12         2.  The total cost of the improvements and the amount

13  of incidental expense.

14         (g)  The preliminary roll shall be advisory only and

15  shall be subject to the action of the board as hereinafter

16  provided. Upon the filing with the secretary of the board of

17  the preliminary assessment roll, the secretary of the board

18  shall publish at least once in a newspaper published in

19  Broward County and of general circulation in the district a

20  notice stating that at a meeting of the board to be held on a

21  certain day and hour, not less than 15 days after the date of

22  such publication, which meeting may be a regular, adjourned,

23  or special meeting, all interested persons may appear and file

24  written objections to the confirmation of such roll. Such

25  notice shall state the class of the assessable improvements

26  and the location thereof by terminal points and route.

27         (h)  At the time and place stated in such notice, the

28  board shall meet and receive the objections in writing of all

29  interested persons as stated in such notice. The board may

30  adjourn the hearing from time to time. After the completion

31  thereof, the board shall annul, sustain, or modify in whole or

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  in part the prima facie assessment as indicated on such roll,

 2  either by confirming the prima facie assessment against any or

 3  all lots or parcels described therein or by canceling,

 4  increasing, or reducing the same, according to the special

 5  benefits which the board decides each such lot or parcel has

 6  received or will receive on account of such improvement. If

 7  any property that may be chargeable under this section shall

 8  have been omitted from the preliminary roll or if the prima

 9  facie assessment shall not have been made against it, the

10  board may place on such roll an apportionment to such

11  property. The board shall not confirm any assessment in excess

12  of the special benefits to the property assessed and the

13  assessments so confirmed shall be in proportion to the special

14  benefits. Forthwith, after such confirmation, such assessment

15  roll shall be delivered to the secretary of the board. The

16  assessment so made shall be final and conclusive as to each

17  lot or parcel assessed unless proper steps are taken within 30

18  days in a court of competent jurisdiction to secure relief. If

19  the assessment against any property shall be sustained or

20  reduced or abated by the court, the secretary of the board

21  shall note that fact on the assessment roll opposite the

22  description of the property affected thereby. The amount of

23  the special assessment against any lot or parcel which may be

24  abated by the court, unless the assessment upon all benefited

25  property be abated, or the amount by which such assessment is

26  so reduced, may by resolution of the board be made chargeable

27  against the district at large; or, at the discretion of the

28  board, a new assessment roll may be prepared and confirmed in

29  the manner hereinabove provided for the preparation and

30  confirmation of the original assessment roll.

31  

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1         (i)  Pending the final confirmation of such special

 2  assessments in the manner provided in this subsection, the

 3  district shall have a lien on all such lands and real estate

 4  after the confirmation of the initial resolution, in the

 5  manner provided in this subsection.

 6         (7)(a)  The district engineer, under the procedure

 7  provided for in this subsection, shall next, after the passage

 8  of the initial resolution and filing of the plans and

 9  estimates of cost by the district engineer, prepare an

10  assessment roll for the district in duplicate, which

11  assessment roll shall contain an apportionment of the

12  estimated total cost of the improvement as between the

13  district and each lot or parcel of land subject to the special

14  assessment under the initial resolution, such apportionment to

15  be made in accordance with the provisions of the initial

16  resolution. One of the duplicates of said assessment roll

17  shall be filed with the secretary of the board and the other

18  duplicate shall be retained by the district engineer in his or

19  her files, all thereof to remain open to public inspection.

20         (b)  Upon the completion and filing of said assessment

21  roll, the secretary to the board shall cause a copy thereof to

22  be published once in a newspaper published in Broward County

23  and of general circulation in the district, together with a

24  notice directed to all property owners interested in said

25  special assessments, stating that at a meeting of the board on

26  a certain day and hour, not earlier than 15 days after such

27  publication, the board sitting as an equalizing board will

28  hear objections of all interested persons to the final

29  confirmation of such assessment roll and will finally confirm

30  such assessment roll or take such action relative thereto as

31  it deems necessary and advisable. A copy of the notice shall

                                  55

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  be mailed to the landowners of the land to be benefited by

 2  construction of the assessable improvement. The landowners

 3  shall be determined by reference to the last available tax

 4  roll of Broward County. The secretary of the board shall keep

 5  a record in which shall be inscribed, at the request of any

 6  person, firm, or corporation having or claiming to have any

 7  interest in any lot or parcel of land, the name and post

 8  office address of such person, firm, or corporation, together

 9  with a brief description or designation of such lot or parcel,

10  and it shall be the duty of the secretary of the board to mail

11  a copy of such notice to such person, firm, or corporation at

12  such address at least 10 days before the time for the hearing

13  as stated in such notice, but the failure of the secretary of

14  the board to keep such record or so to inscribe any name or

15  address or to mail any such notice shall not constitute a

16  valid objection to holding the hearing as provided in this

17  section or to any other action taken under the authority of

18  this section.

19         (c)  At the time and place named in the notice provided

20  for in paragraph (b), the board shall meet as an equalizing

21  board to hear and consider any and all complaints as to said

22  special assessments, and shall adjust and equalize the said

23  special assessments on a basis of justice and right, and when

24  so equalized and approved such special assessments shall stand

25  confirmed and remain legal, valid, and binding liens upon the

26  properties upon which such special assessments are made, until

27  paid in accordance with the provisions of this act; provided,

28  however, that upon the completion of such improvements, if the

29  actual cost of such assessable improvements is less than the

30  amount of such special assessments levied, the district shall

31  rebate to the owners of any properties which shall have been

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  specially assessed for such assessable improvements the

 2  difference in the special assessments as originally made,

 3  levied, and confirmed, and the proportionate part of the

 4  actual cost of said assessable improvements as finally

 5  determined upon the completion of said assessable

 6  improvements; and in the event that the actual cost of said

 7  assessable improvements shall be more than the amount of such

 8  special assessments confirmed and levied, finally determined

 9  upon the completion of said assessable improvements, the

10  proportionate part of such excess cost of such assessable

11  improvements may be levied against all of the lands and

12  properties against which such special assessments were

13  originally levied, or, in the alternative, the board may, in

14  its discretion, pay such excess cost from any legally

15  available funds.

16         (d)  All objections to any such assessment roll on the

17  ground that it contains items which cannot be properly

18  assessed against property, or that it is, for any default or

19  defect in the passage or character of the assessment roll or

20  the plans or specifications or estimate, void or voidable in

21  whole or in part, or that it exceeds the power of the board,

22  shall be made in writing in person or by attorney, and filed

23  with the secretary of the board at or before the time or

24  adjourned time of such hearing on the assessment roll. Any

25  objections against the making of any assessable improvements

26  not so made shall be considered as waived, and if any

27  objections shall be made and overruled or shall not be

28  sustained, the confirmation of the assessment roll shall be

29  the final adjudication of the issue presented unless proper

30  steps shall be taken in a court of competent jurisdiction to

31  secure relief within 20 days.

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1         (e)  All the provisions of subsection (6) not

 2  inconsistent with this subsection shall apply to the levy of

 3  special assessments under this subsection.

 4         (8)(a)  Any assessment may be paid at the office of the

 5  secretary of the board within 60 days after the confirmation

 6  thereof, without interest. Thereafter, all assessments shall

 7  be payable in equal installments, with interest as determined

 8  by the board, not to exceed 10 percent per year, from the

 9  expiration of said 60 days in each of the succeeding number of

10  years that the board shall determine by resolution, not

11  exceeding 20; provided, however, that the board may provide

12  that any assessment may be paid at any time before due,

13  together with interest accrued thereon to the date of payment,

14  if such prior payment shall be permitted by the proceedings

15  authorizing any assessment bonds or other obligations for the

16  payment of which such special assessments have been pledged.

17         (b)  All such special assessments levied pursuant to

18  this act may, in the discretion of the board, be collected by

19  the tax collector of the county at the same time as the

20  general county taxes are collected by the tax collector of the

21  county, and the board shall in such event certify to the

22  county tax collector in each year a list of all such special

23  assessments and a description of and names of the owners of

24  the properties against which such special assessments have

25  been levied and the amounts due thereof in such year, and

26  interest thereon for any deficiencies for prior years. The

27  amount to be collected in such year may include, in the

28  discretion of the board, the principal installment of such

29  special assessments which will become due at any time in the

30  next succeeding fiscal year, and all or any part of the

31  interest which will become due on such special assessments

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  during such next fiscal year, together with any deficiencies

 2  for prior years.

 3         (c)  The board may in lieu of providing for the

 4  collection of said special assessments by the tax collector of

 5  the county, provide for the collection of said special

 6  assessments by the district under such terms and conditions as

 7  the board shall determine. In such event, the bills or

 8  statements for the amounts due in any fiscal year shall be

 9  mailed to the owners of all properties affected by such

10  special assessments at such time or times as the board shall

11  determine and such bills or statements may include all or any

12  part of the principal and interest which will mature and

13  become due on the annual installments of such special

14  assessments during the fiscal year in which installments of

15  such special assessments are payable.

16         (d)  All charges of the county tax collector or of the

17  district, and the fees, costs, and expenses of any paying

18  agents, trustees, or other fiduciaries for assessment bonds

19  issued under this act, shall be deemed to be costs of the

20  operation and maintenance of any drainage improvements in

21  connection with which such special assessments were levied and

22  the board shall be authorized and directed to provide for the

23  payment each year of such costs of collection, fees, and other

24  expenses from the maintenance tax as provided in this act as

25  shall be mutually agreed upon between the board and the county

26  tax collector as additional compensation for his or her

27  services for each such assessment district in which the

28  special assessments are collected by him or her.

29         (e)  All assessments shall constitute a lien upon the

30  property so assessed from the date of final confirmation

31  thereof, of the same nature and to the same extent as the lien

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  for general county taxes falling due in the same year or years

 2  in which such assessments or installments thereof fall due,

 3  and any assessment or installment not paid when due shall be

 4  collectable with such interest and with a reasonable

 5  attorney's fee and costs, but without penalties, by the

 6  district by proceedings in a court of equity to foreclose the

 7  line of assessments as a lien for mortgages is or may be

 8  foreclosed under the laws of the state; provided that any such

 9  proceedings to foreclose shall embrace all installments of

10  principal remaining unpaid with accrued interest thereon,

11  which installments shall, by virtue of the institution of such

12  proceedings, immediately become due and payable. Nevertheless,

13  if, prior to any sale of the property under decree of

14  foreclosure in such proceedings, payment is made of the

15  installment or installments which are shown to be due under

16  the provisions of subsection (6) or subsection (7) and all

17  costs, including interest and reasonable attorney's fees, such

18  payment shall have the effect of restoring the remaining

19  installments to their original maturities as provided by the

20  resolution passed pursuant to this subsection and the

21  proceedings shall be dismissed. It shall be the duty of the

22  board to enforce the prompt collection of assessment by the

23  means herein provided, and such duty may be enforced at the

24  suit of any holder of bonds issued under this act in a court

25  of competent jurisdiction by mandamus or other appropriate

26  proceedings or action. Not later than 30 days after the annual

27  installments are due and payable, it shall be the duty of the

28  board to direct the attorney for the district to institute

29  actions within 2 months after such direction to enforce the

30  collection of all special assessments for assessable

31  improvements made under this section and remaining due and

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  unpaid at the time of such direction. Such action shall be

 2  prosecuted in the manner and under the conditions in and under

 3  which mortgages are foreclosed under the laws of the state. It

 4  shall be lawful to join in one action the collection of

 5  assessments against any or all property assessed by virtue of

 6  the same assessment roll unless the court shall deem such

 7  joinder prejudicial to the interest of any defendant. The

 8  court shall allow a reasonable attorney's fee for the attorney

 9  for the district and the same shall be collectable as a part

10  of or in addition to the costs of the action. At the sale

11  pursuant to decree in any such action, the district may be a

12  purchaser to the same extent as an individual person or

13  corporation, except that the part of the purchase price

14  represented by the assessments sued upon and the interest

15  thereon need not be paid in cash. Property so acquired by the

16  district may be sold or otherwise disposed of.

17         (f)  All assessments and charges made under the

18  provisions of this section for the payment of all or any part

19  of the cost of any assessable improvements for which

20  assessment bonds shall have been issued under the provisions

21  of this act, or which have been pledged as additional security

22  for any other bonds or obligations issued under this act,

23  shall be maintained in a special fund or funds and be used

24  only for the payment of principal or interest on such

25  assessment bonds or other bonds or obligations.

26         (g)  Broward County and each school district and other

27  political subdivision wholly or partly within the district

28  shall possess the same power and be subject to the same duties

29  and liabilities in respect of assessments under this section

30  affecting the real estate of such county, school district, or

31  other political subdivision that private owners of real estate

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  possess or are subject to hereunder, and such real estate of

 2  any such county, school district, and political subdivision

 3  shall be subject to liens for said assessments in all cases

 4  where the same property would be subject to such liens had it

 5  at the time the lien attached been owned by a private owner.

 6         Section 43.  Issuance of certificates of indebtedness

 7  based on assessments for assessable improvements; assessment

 8  bonds.--

 9         (1)  The board may, after any assessments for

10  assessable improvements are made, determined, and confirmed as

11  provided in section 42, issue certificates of indebtedness for

12  the amount so assessed against the abutting property or

13  property otherwise benefited, as the case may be, and separate

14  certificates shall be issued against each part or parcel of

15  land or property assessed, which certificates shall state the

16  general nature of the improvement for which the said

17  assessment is made. Said certificates shall be payable in

18  annual installments in accordance with the installments of the

19  special assessment for which they are issued. The board may

20  determine the interest to be borne by such certificates, not

21  to exceed 10 percent per year, and may sell such certificates

22  at either private or public sale and determine the form,

23  manner of execution, and other details of such certificates.

24  Such certificates shall recite that they are payable only from

25  the special assessments levied and collected from the part or

26  parcel of land or property against which they are issued. The

27  proceeds of such certificates may be pledged for the payment

28  of principal of and interest on any revenue bonds or general

29  obligation bonds issued to finance in whole or in part such

30  assessable improvement, or, if not so pledged, may be used to

31  

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  pay the cost or part of the cost of such assessable

 2  improvements.

 3         (2)  The district may also issue assessment bonds or

 4  other obligations payable from a special fund into which such

 5  certificates of indebtedness referred to in subsection (1) may

 6  be deposited; or, if such certificates of indebtedness have

 7  not been issued, the district may assign to such special fund

 8  for the benefit of the holders of such assessment bonds or

 9  other obligations, or to a trustee for such bondholders, the

10  assessment liens provided for in this act unless such

11  certificates of indebtedness or assessment liens have been

12  theretofore pledged for any bonds or other obligations

13  authorized hereunder. In the event of the creation of such

14  special fund and the issuance of such assessment bonds or

15  other obligations, the proceeds of such certificates of

16  indebtedness of assessment liens deposited therein shall be

17  used only for the payment of the assessment bonds or other

18  obligations issued as provided in this section. The district

19  is hereby authorized to covenant with the holders of such

20  assessment bonds or other obligations that it will diligently

21  and faithfully enforce and collect all the special assessments

22  and interest and penalties thereon for which such certificates

23  of indebtedness or assessment liens have been deposited in or

24  assigned to such fund and to foreclose such assessment liens

25  so assigned to such special fund or represented by the

26  certificates of indebtedness deposited in said special fund,

27  after such assessment liens have become delinquent, and

28  deposit the proceeds derived from such foreclosure, including

29  interest and penalties, in such special fund, and to make any

30  other covenants deemed necessary or advisable in order to

31  

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  properly secure the holders of such assessment bonds or other

 2  obligations.

 3         (3)  The assessment bonds or other obligations issued

 4  pursuant to this section shall have such dates of issue and

 5  maturity as shall be deemed advisable by the board, provided,

 6  however, that the maturities of such assessment bonds or other

 7  obligations shall not be more than 2 years after the due date

 8  of the last installment which will be payable on any of the

 9  special assessments for which such assessment liens, or the

10  certificates of indebtedness representing such assessment

11  liens, are assigned to or deposited in such special fund.

12         (4)  Such assessment bonds or other obligations issued

13  pursuant to this section shall bear such interest as the board

14  may determine not to exceed 10 percent per year, shall be

15  executed, shall have such provisions for redemption prior to

16  maturity, and shall be sold in the manner and be subject to

17  all of the applicable provisions contained in this act for

18  revenue bonds, except as the same may be inconsistent with the

19  provisions of this section.

20         (5)  All assessment bonds or other obligations issued

21  under the provisions of this act, except certificates of

22  indebtedness issued against separate lots or parcels of land

23  or property as provided in this section, shall be and

24  constitute and have all the qualities and incidents of

25  negotiable instruments under the law merchange and the laws of

26  the state.

27         Section 44.  Foreclosure of liens.--Any lien in favor

28  of the district arising under chapter 298, Florida Statutes,

29  or under this act may be foreclosed by the district by

30  foreclosure proceedings in the name of the district in the

31  circuit court in like manner as is provided in chapter 173,

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  Florida Statutes, and amendments thereto, and the provisions

 2  of said chapter shall be applicable to such proceedings with

 3  the same force and effect as if said provisions were expressly

 4  set forth in this act. Any act required or authorized to be

 5  done by or on behalf of a city or town in foreclosure

 6  proceedings under chapter 173, Florida Statutes, may be

 7  performed by such officer or agent of the district as the

 8  board of supervisors may designate. Such foreclosure

 9  proceedings may be brought at any time after the expiration of

10  1 year after the date any tax, or installment thereof, becomes

11  delinquent.

12         Section 45.  Payment of taxes and redemption of tax

13  liens by the district; sharing in proceeds of tax sale under

14  section 194.21, Florida Statutes, as amended.--

15         (1)  The district has the right to:

16         (a)  Pay any delinquent state, county, district,

17  municipal, or other tax or assessment upon lands located

18  wholly or partially within the boundaries of the district.

19         (b)  Redeem or purchase any tax sales certificate

20  issued or sold on account of any state, county, district,

21  municipality, or other taxes or assessments upon lands located

22  wholly or partially within the boundaries of the district.

23         (2)  Delinquent taxes paid, or tax sales certificates

24  redeemed or purchased, by the district, together with all

25  penalties for the default in payment of the same and all costs

26  in collecting the same and a reasonable attorney's fee, shall

27  constitute a lien in favor of the district of equal dignity

28  with the liens of state and county taxes and other taxes of

29  equal dignity with state and county taxes, upon all the real

30  property against which said taxes were levied. The lien of the

31  district may be foreclosed in the manner provided in this act.

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1         (3)  In any sale of land pursuant to section 194.21,

 2  Florida Statutes, and amendments thereto, the district may

 3  certify to the clerk of the circuit court of the county

 4  holding such sale the amount of taxes due to the district upon

 5  the lands sought to be sold, and the district shall share in

 6  the disbursement of the sales proceeds in accordance with the

 7  provisions of this act and under law.

 8         Section 46.  Mandatory use of certain district

 9  facilities and services.--The district may require all lands,

10  buildings, and premises, and all persons, firms, and

11  corporations within the district to use the drainage,

12  reclamation, and water and sewer facilities of the district.

13  Subject to such exceptions as may be provided by the

14  resolutions, rules, or bylaws of the board, and subject to the

15  terms and provisions of any resolution authorizing any bonds

16  and agreements with bondholders, no drainage and reclamation

17  or water and sewer facilities shall be constructed or operated

18  within the district unless the board gives its consent thereto

19  and approves the plans and specifications therefor.

20         Section 47.  Bids required.--No contract shall be let

21  by the board for the construction or maintenance of any

22  project authorized by this act, nor shall any goods, supplies,

23  or materials be purchased when the amount thereof to be paid

24  by said district shall exceed $4,000, unless notice of bids

25  shall be advertised once a week for 2 consecutive weeks in a

26  newspaper published in Broward County and of general

27  circulation in the district, and in each case the bid of the

28  lowest responsible bidder shall be accepted, unless all bids

29  are rejected because the bids are too high. The board may

30  require the bidders to furnish bond with responsible surety to

31  be approved by the board. Nothing in this section shall

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  prevent the board from undertaking and performing the

 2  construction, operation, and maintenance of any project or

 3  facility authorized by this act, by the employment of labor,

 4  material, and machinery.

 5         Section 48.  Maintenance of projects across

 6  rights-of-ways.--The district shall have the power to

 7  construct and operate its projects in, along, or under any

 8  dedications to the public, platted rights-of-ways, platted

 9  reservations, streets, alleys, highways, or other public

10  places or ways, and across any drain, ditch, canal, floodway,

11  holding basin, excavation, grade, fill, or cut, within or

12  without the district.

13         Section 49.  Agreements with state commissions and

14  others.--The board shall have the power to retain and enter

15  into agreements with fiscal agents, financial advisors, state

16  commissions, engineers, and other consultants or advisors with

17  respect to the issuance and sale of any bonds, and the cost

18  and expense thereof may be treated as part of the cost and

19  expense of such project. Upon request of the board, any state

20  commission may provide such technical assistance or other

21  services relating to bond issues as may be necessary or

22  desirable under the circumstances.

23         Section 50.  Agreements with other political bodies for

24  the joint discharge of common functions.--The board and any

25  other political bodies, whether now in existence or hereafter

26  created, are authorized to enter into and carry into effect

27  contracts and agreements relating to the common powers,

28  duties, and functions of the board and any other political

29  bodies, to the end that there may be effective cooperation and

30  coordination in discharging their common functions, powers,

31  and duties.

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1         Section 51.  Fees, rentals, and charges; procedure for

 2  adoption and modifications; minimum revenue requirements.--

 3         (1)  The district is authorized to prescribe, fix,

 4  establish, and collect rates, fees, rentals, or other charges,

 5  hereinafter sometimes referred to by the term "revenues," and

 6  to revise the same from time to time, for the facilities and

 7  services furnished by the district, within or without the

 8  limits of the district, including, but not limited to,

 9  drainage facilities, recreation facilities, and water and

10  sewer systems, to recover the costs of making connection with

11  any district facility or system; and to provide for reasonable

12  penalties against any user or property for any such rates,

13  fees, rentals, or other charges that are delinquent.

14         (2)  No such rates, fees, rentals, or other charges for

15  any of the facilities or services of the district shall be

16  fixed until after a public hearing at which all the users of

17  the proposed facility or services or owners, tenants, or

18  occupants served or to be served thereby and all other

19  interested persons shall have an opportunity to be heard

20  concerning the proposed rates, fees, rentals, or other

21  charges. Notice of such public hearing setting forth the

22  proposed schedule or schedules of rates, fees, rentals, and

23  other charges shall have been published in a newspaper in

24  Broward County and of general circulation in the district at

25  least once at least 10 days prior to such public hearing,

26  which may be adjourned from time to time. After such hearing,

27  such schedule or schedules, either as initially proposed, or

28  as modified or amended, may be finally adopted. A copy of the

29  schedule or schedules of such rates, fees, rentals, or charges

30  as finally adopted shall be kept on file in an office

31  designated by the board and shall be open at all reasonable

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  times to public inspection. The rates, fees, rentals, or

 2  charges so fixed for any class of users or property served

 3  shall be extended to cover any additional users or properties

 4  thereafter served that shall fall in the same class, without

 5  the necessity of any notice or hearing. Any change or revision

 6  of rates, fees, rentals, or charges may be made in the same

 7  manner as the same were originally established, as hereinabove

 8  provided, except that if such changes or revisions are made

 9  substantially pro rata as to all classes of the type of

10  service involved, no notice or hearing shall be required.

11         (3)  Such rates, fees, rentals, and charges shall be

12  just and equitable and uniform for users of the same class,

13  and where appropriate may be based or computed either upon the

14  amount of service furnished or upon the number or average

15  number of persons residing or working or otherwise occupying

16  the premises served, or upon any other factor affecting the

17  use of the facilities furnished, or upon any combination of

18  the foregoing factors, as may be determined by the board on an

19  equitable basis.

20         (4)  The rates, fees, rentals, or other charges

21  prescribed shall be such as will produce revenues, together

22  with any other assessments, taxes, revenues, or funds

23  available or pledged for such purpose, at least sufficient to

24  provide for the items hereinafter listed, but not necessarily

25  in the order stated:

26         (a) To provide for all expenses of operation and

27  maintenance of such facility or service.

28         (b) To pay when due all bonds and interest thereon for

29  the payment of which such revenues are, or shall have been,

30  pledged or encumbered, including reserves for such purpose.

31  

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1         (c) To provide for any other funds that may be required

 2  under the resolution or resolutions authorizing the issuance

 3  of bonds pursuant to this act.

 4         (5)  The board shall have the power to enter into

 5  contracts for the use of the projects of the district and with

 6  respect to the services and facilities furnished or to be

 7  furnished by the district, including, but not limited to,

 8  service agreements with landowners and others within or

 9  without the district providing for the drainage of land by the

10  district or the furnishing of any of the other services and

11  facilities of the district, for such consideration and on such

12  other terms and conditions as the board may approve. No

13  hearing or notice thereof shall be required prior to the

14  authorization or execution by the board of any such contract

15  or agreement, and the same shall not be subject to revision

16  except in accordance with their terms. Such contracts or

17  agreements, and revenues or service charges received or to be

18  received by the district thereunder, may be pledged as

19  security for any of the lands of the district.

20         Section 52.  Recovery of delinquent charges.--In the

21  event that any of the rates, fees, rentals, charges, or

22  delinquent penalties shall not be paid as and when due and

23  shall be in default for 30 days or more, the unpaid balance

24  thereof and all interest accrued thereon, together with

25  reasonable attorney's fees and costs, may be recovered by the

26  district in a civil action.

27         Section 53.  Discontinuance of service.--In the event

28  that the fees, rentals, or other charges for the services and

29  facilities of any project are not paid when due, the board

30  shall have the power to discontinue and shut off the same

31  until such fees, rentals, or other charges, including

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  interest, penalties, and charges for the shutting off and

 2  discontinuance and the restoration of such services and

 3  facilities, are fully paid, and for such purposes may enter on

 4  any lands, waters, and premises of any person, firm,

 5  corporation, or body, public or private, within or without the

 6  district limits. Such delinquent fees, rentals, or other

 7  charges, together with interest, penalties, and charges for

 8  the shutting off and discontinuance and the restoration of

 9  such services and facilities, and the reasonable attorney's

10  fees and other expenses, may be recovered by the district,

11  which may also enforce payment of such delinquent fees,

12  rentals, or other charges by any other lawful method of

13  enforcement.

14         Section 54.  Action taken on consent of

15  landowners.--Any action required under this act or under

16  chapter 298, Florida Statutes, to be taken on public hearing

17  for the purpose of receiving and passing on objections by

18  landowners may be taken without such notice or hearing upon

19  the written consent of all of the landowners affected by such

20  action.

21         Section 55.  Enforcement and penalties.--The board or

22  any aggrieved person may have recourse to such remedies in law

23  and equity as may be necessary to ensure compliance with the

24  provisions of this act, including injunctive relief to enjoin

25  or restrain any person violating the provisions of this act,

26  and any bylaws, resolutions, regulations, rules, codes, and

27  orders adopted under this act. In case any building or

28  structure is erected, constructed, reconstructed, altered,

29  repaired, converted, or maintained, or any building,

30  structure, land, or water is used, in violation of this act,

31  or of any code, order, resolution, or other regulation made

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1  under authority conferred by this act or under law, the board

 2  and any citizen residing in the district may institute any

 3  appropriate action or proceeding to prevent such unlawful

 4  erection, construction, reconstruction, alteration, repair,

 5  conversion, maintenance, or use; to restrain, correct, or

 6  avoid such violation; to prevent the occupancy of such

 7  building, structure, land, or water; and to prevent any

 8  illegal act, conduct, business, or use in or about such

 9  premises, land, or water.

10         Section 56.  Suits against the district.--No suit or

11  action shall be brought or maintained against the district for

12  damages arising out of tort or breach of contract, including,

13  without limitation, any claim arising upon account of an act

14  causing a wrongful death, unless written notice of such claim

15  is received within 180 days after receiving the alleged injury

16  given to the secretary of the board, with detailed

17  specifications as to the time, place, and manner of injury. No

18  such suit or action shall be brought or maintained unless

19  brought within 24 months after the time of the injury or

20  damages.

21         Section 57.  Exemption of district property from

22  execution.--All district property shall be exempt from levy

23  and sale by virtue of an execution and no execution or other

24  judicial process shall issue against such property, nor shall

25  any judgment against the district be a charge or lien on its

26  property or revenues, provided that nothing herein contained

27  shall apply to or limit the rights of bondholders to pursue

28  any remedy for the enforcement of any lien or pledge given by

29  the district in connection with any of the bonds or

30  obligations of the district.

31  

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    Florida Senate - 2004        (NP)                      SB 3154
    32-2482-04                                         See HB 1709




 1         Section 4.  Chapters 70-617 and 89-419, Laws of

 2  Florida, are repealed.

 3         Section 5.  If any one or more of the sections or

 4  provisions of this act or the application of such sections or

 5  provisions to any situation, circumstance, or person shall for

 6  any reason be held to be unconstitutional, such

 7  unconstitutionality shall not affect any other sections or

 8  provisions as to any other situation, circumstance, or person,

 9  and it is intended that this law shall be construed and

10  applied as if such section or provision had not been included

11  herein for any unconstitutional application.

12         Section 6.  This act shall take effect upon becoming a

13  law.

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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