HB 0711 2004
1	A bill to be entitled
2	An act relating to the St. Lucie County Erosion District;
3	providing for codification of special laws relating to the
4	district; amending, codifying, reenacting, and repealing
5	all prior special acts; preserving current authority;
6	providing definitions; providing the board of the district
7	shall be the St. Lucie County Commission; providing for
8	meetings and applicability of chapter 189, Florida
9	Statutes; providing district powers; providing that
10	employees of the district shall be considered employees of
11	St. Lucie County; providing that contracts for services,
12	supplies, and materials shall be entered into as provided
13	by the charter and general law; providing district board
14	authorization to amend, abolish, or consolidate existing
15	district zone boundaries and determine benefits for the
16	purpose of levying ad valorem taxes; providing district
17	board authorization to levy and collect non-ad valorem
18	assessments; providing district board authorization for
19	issuance of bonds pursuant to general law and this act;
20	providing that the purchase of commodities and services
21	shall be in accordance with the purchasing policies of St.
22	Lucie County; providing for severability; repealing
23	chapters 67-2001 and 97-354, Laws of Florida; providing an
24	effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1. Pursuant to section 189.429, Florida Statutes,
29	this act constitutes the codification of all special acts
30	relating to the St. Lucie County Erosion District, located in
31	St. Lucie County. It is the intent of the Legislature to provide
32	a single, comprehensive special act charter for the district,
33	including all current legislative authority granted to the
34	district by its several legislative enactments and any
35	additional authority granted by this act, chapter 189, Florida
36	Statutes, and chapters 67-2001 and 97-354, Laws of Florida, as
37	amended from time to time. It is further the intent of this act
38	to preserve all district authority, including the authority to
39	annually assess and levy against the taxable property in the
40	district.
41	Section 2. Chapters 67-2001 and 97-354, Laws of Florida,
42	are amended, codified, reenacted, and repealed as herein
43	provided.
44	Section 3. The St. Lucie County Erosion District is re-
45	created and the charter for the district is re-created and
46	reenacted to read:
47	Section 1. Popular name.--This act may be known by the
48	popular name the "St. Lucie County Erosion District Act."
49	Section 2. Legislative statement.--It is hereby declared
50	as a matter of legislative determination that tidal waves and
51	currents, high waters, floodwaters, and other causes have given
52	rise to soil and beach erosion problems in St. Lucie County and
53	that it is the intent and purpose of this act to provide means
54	to alleviate such conditions in the county.
55	Section 3. Definitions.--As used in this act, unless the
56	context otherwise requires:
57	(1) "District" means the St. Lucie County Erosion
58	District.
59	(2) "County board" means the Board of County Commissioners
60	of St. Lucie County.
61	(3) "District board" or "board" means the Board of County
62	Commissioners of St. Lucie County constituting the governing
63	body of said district.
64	(4) "Erosion prevention facilities" means and includes any
65	seawalls, groins, pumping stations, breakwaters, dams,
66	bulkheads, fills, floodways, or any and all other works or
67	structures of any type whatsoever necessary or useful in the
68	protection of the lands, including beaches, within said district
69	from tidal waves, tidal currents, high waters, floodwaters, and
70	other causes of beach and soil erosion, and any other purposes
71	appurtenant, necessary, or incidental thereto, and shall include
72	all real and personal property and any interests therein,
73	rights, easements, and franchises of any nature whatsoever
74	relating to any such erosion prevention facilities and necessary
75	or convenient for the construction, acquisition, reconstruction,
76	improvement, operation, and maintenance thereof.
77	(5) "Cost" as applied to erosion prevention facilities
78	includes the cost of construction, reconstruction, acquisition,
79	improvement, operation, or maintenance of said facilities; the
80	cost of all labor, materials, machinery, and equipment; the cost
81	of all lands and interest therein, real or personal property,
82	rights, easements, and franchises of any nature whatsoever;
83	financing charges; interest prior to and during construction and
84	after the completion of the acquisition, construction,
85	reconstruction, or improvement of such erosion prevention
86	facilities; the creation of initial reserve or debt service
87	funds; bond discount, if any; cost of plans and specifications,
88	surveys, and estimates of costs and revenues; cost of
89	engineering, financial, and legal services; all other expenses
90	necessary or incidental in determining the feasibility or
91	practicability of such acquisition, construction,
92	reconstruction, or improvement; and administrative expenses and
93	such other expenses as may be necessary or incidental to
94	financing authorized by this act, including reimbursement of the
95	county or any other person, firm, or corporation for any moneys
96	advanced to said district for any expenses incurred by said
97	district in connection with any of the foregoing items of cost,
98	or the creation of such district.
99	(6) "Secretary/treasurer" means the Clerk of the Circuit
100	Court of St. Lucie County, who shall serve ex officio as
101	secretary and treasurer of the erosion district. The treasurer
102	shall be the custodian of all funds belonging to the board and
103	the erosion district, and such funds may be disbursed only upon
104	the order of the board, signed by the secretary and
105	countersigned by the chair of the board. The board is authorized
106	to select as a depository any bank or trust company organized
107	under the laws of the United States or the state and authorized
108	pursuant to general law to accept deposit of county funds. Such
109	funds shall be deposited by the treasurer in such depository
110	upon such terms and conditions as the board may deem just and
111	reasonable, and may be deposited in the name of St. Lucie County
112	as long as they are properly accounted for by the treasurer.
113	(7) "Bonds" means any evidence of indebtedness issued and
114	delivered by the district for consideration and includes,
115	without limitation, revenue bonds, general obligation bonds,
116	limited tax bonds, non-ad valorem assessment bonds, notes, and
117	other obligations.
118	(8) "Non-ad valorem assessments" means only those
119	assessments which are not based upon millage and which can
120	become a lien against a homestead as permitted in section 4,
121	Article X of the State Constitution.
122	Section 4. District establishment; status; powers.--There
123	is hereby created and established in St. Lucie County a
124	dependent special district, to be known as the St. Lucie County
125	Erosion District. The district is a body corporate and politic,
126	exercising essential governmental functions for the purposes
127	hereinafter set forth. The district’s powers shall include the
128	power to sue; to contract; to adopt and use a corporate seal and
129	alter the same; to purchase, hold, lease, or otherwise acquire
130	and convey such real property and personal property and
131	interests therein; and any other authority granted by chapter
132	189, Florida Statutes, or other applicable general law, as they
133	may be amended from time to time, as may be necessary or proper
134	to carry out the purposes of this act.
135	Section 5. Boundaries.--The territorial boundaries of the
136	district shall coincide with the territorial boundaries of St.
137	Lucie County and shall include all lands and property within the
138	county, including lands and property within incorporated areas
139	of the county, within any district in the county, and within the
140	unincorporated area of the county.
141	Section 6. Governing board; creation; organization.--The
142	governing body of the St. Lucie County Erosion District shall be
143	known and designated as the "Board of Commissioners of the St.
144	Lucie County Erosion District," and shall be made up ex officio
145	of the five county commissioners of St. Lucie County, who shall
146	serve ex officio as the governing body. The chair and vice chair
147	shall each hold office at the will of the board and until their
148	successor is duly elected by the board. The chair and vice chair
149	serving at the time of the effective date of this act shall
150	continue to serve until their terms expire and their successors
151	are duly elected. The chair shall preside at all meetings of the
152	district and perform such duties as the district may prescribe.
153	The vice chair shall perform the duties of the chair in the
154	absence of the chair. The board shall hold at least one regular
155	meeting per month. Special meetings shall be held pursuant to
156	chapter 189, Florida Statutes, as it may be amended from time to
157	time. In the event of a bona fide emergency, a meeting to deal
158	with the emergency may be held as necessary, with reasonable
159	notice, so long as it is subsequently ratified by the board.
160	Three members of the board shall constitute a quorum to transact
161	business.
162	Section 7. District powers.--The district board for and on
163	behalf of the district, in addition to and supplementing other
164	powers granted in this act, and any other applicable general
165	law, is hereby authorized and empowered:
166	(1) To adopt rules and regulations for its own government
167	and proceedings and to adopt an official seal for the district
168	and for complete exercise of jurisdiction and control over
169	district operations, projects, and facilities.
170	(2) To employ engineers, attorneys, accountants, financial
171	or other experts, and such other agents and employees as the
172	district board may require or deem necessary to effectuate the
173	purposes of this act, or to contract for any of such services.
174	All employees of the district shall be considered employees of
175	St. Lucie County who shall be assigned to the district, and
176	whose salary and other costs of employment shall be paid by the
177	county from funds held on behalf of the district. Such
178	employees, except collective bargaining unit employees, shall be
179	subject to the personnel rules and regulations and shall
180	participate in the employee benefit and retirement benefit plans
181	of St. Lucie County. Collective bargaining unit employees of the
182	district shall be members of a collective bargaining unit of St.
183	Lucie County employees pursuant to general law.
184	(3) To acquire, construct, reconstruct, improve, operate,
185	or maintain erosion prevention facilities in and for the
186	district, including the acquisition of any erosion prevention
187	facilities constructed by any person, firm, corporation, or
188	other body, or partially constructed by any person, firm,
189	corporation, or other body, and the completion of such erosion
190	prevention facilities by such district; to have the exclusive
191	control and jurisdiction of such erosion prevention facilities;
192	and to issue its bonds to pay all or any part of the cost of
193	such acquisition, construction, reconstruction, improvement,
194	operation, or maintenance of such erosion prevention facilities.
195	(4) To levy and assess ad valorem taxes without limitation
196	of rate or amount on all taxable property within said district
197	for the purpose of paying the principal of and interest on any
198	bonds issued pursuant to this act or for the operation and
199	maintenance of such erosion prevention facilities or other
200	corporate purposes of said district.
201	(5) To assess, levy, and collect non-ad valorem
202	assessments upon property within the district as authorized by
203	this act and chapters 189 and 197, Florida Statutes, as they may
204	be amended from time to time.
205	(6) To regulate the acquisition, construction,
206	reconstruction, improvement, or maintenance of erosion
207	prevention facilities within the district, and to grant or deny
208	permits for the construction of any erosion prevention
209	facilities in the district. However, if the erosion prevention
210	facilities are to be located in whole or in part within the
211	territorial boundaries of any municipality, the approval of the
212	governing body of such municipality shall also be obtained
213	before the issuance by the district of a permit for the
214	construction of such erosion prevention facilities. The district
215	shall have authority to enjoin any unauthorized construction or
216	work done which does not comply with any permit issued in any
217	court of competent jurisdiction, and a certified copy of the
218	resolution of the district denying a permit for such
219	construction shall constitute prima facie evidence in all courts
220	that such construction would be detrimental to the prevention of
221	erosion.
222	(7) To enter upon any lands, either within or without the
223	district, through its officials, agents, or employees, or
224	through contractors and their officials, agents, or employees in
225	the performance of work or services for the district, in order
226	to make surveys and examinations to accomplish the necessary
227	purposes of the district, including preliminary surveys and
228	other work. The district shall be liable for any actual damages
229	done in connection therewith, and no unnecessary damage shall be
230	done. The provisions of this subsection may be enforced by the
231	district in any court of competent jurisdiction.
232	(8) To acquire in the name of the district by purchase,
233	gift, or the exercise of the right of eminent domain such lands
234	and rights and interest therein, including lands under water and
235	riparian rights, and to acquire such personal property as it may
236	deem necessary in connection with the acquisition, construction,
237	reconstruction, improvement, maintenance, or operation of such
238	erosion prevention facilities and to hold and dispose of all
239	real and personal property under its control.
240	(9) To exercise exclusive jurisdiction, control, and
241	supervision over any erosion prevention facilities owned,
242	operated, and maintained by the district and to make and enforce
243	such rules and regulations for the maintenance and operation of
244	such erosion prevention facilities as in the judgment of the
245	district board are necessary or desirable for the efficient
246	operation of such erosion prevention facilities in accomplishing
247	the purposes of this act.
248	(10) To acquire, hold, and improve beachfront lands as a
249	part of erosion prevention facilities, and to operate such
250	beachfront lands for public purposes, including public bathing
251	facilities, and to comply with any agreements made with the
252	Federal Government relative to such beachfront lands for which
253	financial assistance has been given to the district by the
254	Federal Government.
255	(11) To join with any other districts, cities, towns,
256	counties, or other political subdivisions, public agencies, or
257	authorities in the exercise of common powers.
258	(12) To enter into contracts for the purchase of services,
259	supplies, materials, and equipment pursuant to this act and
260	general laws, as they may be amended from time to time.
261	(13) Subject to such provisions and restrictions as may be
262	set forth in the resolution authorizing or securing any bonds
263	issued under the provisions of this act, to enter into contracts
264	or agreements with the United States or any agency or
265	instrumentality thereof, the state or any agency or
266	instrumentality thereof, or any county, municipality, district,
267	authority, or political subdivision, private corporation,
268	partnership, association, or individual providing for or
269	relating to erosion prevention facilities and any other matters
270	relevant thereto or otherwise necessary to effect the purposes
271	of this act, and to receive and accept from the United States,
272	or any agency or instrumentality thereof, the state or any
273	agency or instrumentality thereof, or any other public body,
274	grants or loans for or in aid of the planning, construction,
275	reconstruction, improvement, or financing of any erosion
276	prevention facilities and to receive and accept aid or
277	contributions or loans from any other source of either money,
278	property, labor, or other things of value, to be held, used, and
279	applied only for the purpose for which such grants,
280	contributions, or loans may be made. The district shall have
281	power to provide funds in order to qualify for financial and
282	other assistance by federal, state, or other governmental
283	agencies or political subdivisions and to do and perform all
284	acts necessary to obtain any required federal or state permits
285	for the carrying out of the purposes provided in this act, and
286	to adopt all proceedings and perform all acts necessary to
287	comply with and perform all such contracts or agreements
288	referred to in this subsection.
289	(14) To rent, lease, and sell, exchange, transfer, or
290	otherwise dispose of, or to grant options for any such purposes
291	with respect to any real or personal property or interest
292	therein.
293	(15) To make and execute financing agreements, lease-
294	purchase agreements, contracts, deeds, and other instruments
295	necessary or convenient to the exercise of its powers and
296	functions, including contracts with persons, firms,
297	corporations, and federal, state, and local governmental
298	agencies and instrumentalities, and to cooperate with such
299	persons with reference to any of the powers hereby granted.
300	(16) To provide adequate insurance on all real and
301	personal property, equipment, employees, and other personnel.
302	(17) To do all other acts and things necessary or proper
303	in the exercise of the powers herein granted.
304	Section 8. Ad valorem assessments; zones.--
305	(1) It is hereby found, determined, and declared that all
306	of the lands and real estate within the district will be
307	benefited by the acquisition, construction, improvement, or
308	maintenance of erosion prevention facilities authorized by this
309	act, and the full faith and credit and ad valorem taxing power
310	of the district, without limitation as to rate or amount, shall
311	be pledged for the payment of the principal of and interest on
312	any bonds issued by the district pursuant to this act. It is
313	further found, determined, and declared that for the purposes of
314	the levy and collection of ad valorem taxes within the district,
315	the lands and real estate therein are classified and divided
316	into five zones which are hereby designated as Zones A, B, C, D,
317	and E, with the zones having the following boundaries:
318	(a) Zone A: Beginning at the intersection of the south
319	line of section 7, township 35 south, range 41 east and the
320	Atlantic Ocean; thence northeasterly along the Atlantic Ocean to
321	the centerline of the Fort Pierce ship channel; thence
322	southwesterly along the centerline of said channel to the
323	centerline of the intracoastal waterway; thence southeasterly
324	along said centerline to its intersection with the south line
325	of section 12, township 35 south, range 40 east extended; thence
326	east along said extension and the south line of said section 12
327	to the southeast corner of said section 12; thence east along
328	the south line of section 7, township 35 south, range 41 east to
329	the point of beginning.
330	(b) Zone B: Beginning at the intersection of the south
331	line of section 7, township 35 south, range 41 east and the
332	Atlantic Ocean; thence southeasterly along the Atlantic Ocean to
333	the south line of section 22, township 36 south, range 41 east;
334	thence west along the south line of said section 22 and the
335	extension thereof to the centerline of the intracoastal
336	waterway; thence northwesterly along the centerline of the
337	intracoastal waterway to its intersection with the south line of
338	section 12, township 35 south, range 40 east extended; thence
339	east along said extension and the south line of said section 12
340	to the southeast corner of said section 12; thence east along
341	the southline of section 7, township 35 south, range 41 east to
342	the point of beginning.
343	(c) Zone C: Except for lands in Zones A and B, all lands
344	east of a line beginning on the north county line at the
345	northwest corner of section 3, township 34 south, range 38 east;
346	thence south to the southwest corner of section 34, township 34
347	south, range 38 east; east to the southeast corner of section
348	35, township 34 south, range 38 east; south to the southwest
349	corner of section 12, township 36 south, range 38 east; east to
350	the northwest corner of section 15, township 36 south, range 39
351	east; south to the southwest corner of section 34, township 37
352	south, range 39 east, at the south county line.
353	(d) Zone D: All lands in St. Lucie County west of Zone C.
354	(e) Zone E: All lands within District boundaries.
355	(2) It is further hereby found, determined, and declared
356	that as between the lands and real estate located within said
357	Zones A to D, inclusive, the percentages of the total benefits
358	which such lands and real estate located within such zones will
359	receive from the acquisition, construction, reconstruction,
360	improvement, or maintenance of the erosion prevention facilities
361	authorized by this act are as follows:
362	(a) Zone A: Five and nine-tenths percent.
363	(b) Zone B: One and three-tenths percent.
364	(c) Zone C: Eighty-three and four-tenths percent.
365	(d) Zone D: Nine and four-tenths percent.
366	(3) As authorized by subsection (5), Zone E, created
367	pursuant to County Commission Resolution 97-05, was established
368	for the purpose of funding the district’s share of the costs of
369	the United States Army Corp of Engineers Fort Pierce Florida
370	Shore Protection Project and future projects for which the board
371	determines the lands and real estate within Zone E receive 100
372	percent of project benefits.
373	(4) Any ad valorem taxes assessed by the district for the
374	payment of debt service or reserves on bonds or other
375	obligations issued by the district or for the operation and
376	maintenance of the erosion prevention facilities and other
377	corporate purposes of the district shall be levied in each zone
378	in ratio to the percentage of benefits set out above for said
379	Zones A through D, inclusive, and, of the total amount of such
380	ad valorem taxes levied on the taxable property in the district
381	at any time, the separate amounts to be levied in each of such
382	zones shall be the percentage set out for such zones above of
383	such total amount. In the event that the full amounts of taxes
384	levied in any zone shall not be collected in any year, the
385	deficit shall be paid from general funds of the district or
386	shall be levied in the succeeding year on all taxable property
387	of the entire district, and the district shall be mandatorily
388	obligated to levy and collect ad valorem taxes without
389	limitations as to rate or amount on all taxable property in the
390	entire district to the full extent necessary to pay all
391	principal of and interest on any bonds or other obligations
392	issued by the district, or such operation and maintenance and
393	other corporate purposes of the district. The amount of any
394	deficit in collections in any zone in any year shall, however,
395	notwithstanding that such deficit may have been made up from
396	general funds of the district or from ad valorem taxes levied on
397	all taxable property in the entire district, be levied in each
398	succeeding year on all taxable property in the zone in which
399	such deficit occurs until such deficit has been made up in full
400	and all amounts reimbursed to the general funds of the district
401	or to the owners of taxable property in other zones for payments
402	made on account of such deficits, it being the express intent of
403	this act as far as the payment of debt service on any bonds or
404	other obligations of the district or such operation and
405	maintenance and other corporate purposes of the district are
406	concerned, the entire taxable property in all of the district
407	shall be subject to the levy of ad valorem taxes without limit
408	as to rate or amount for the full payment of all such debt
409	service and operation and maintenance and other corporate
410	purposes of said district, but that as between the zones within
411	such entire district, the district shall continue to levy and
412	relevy sufficient ad valorem taxes on the taxable property in
413	the zone in which a deficit occurs until any amounts which may
414	have been previously paid by any other zone to make up such
415	deficit have been paid in full. Any reimbursement to the owners
416	of taxable property of any zone for amounts collected in such
417	zone for any deficits in any other zone may be in the form of
418	reductions in the amount of taxes to be collected in such zone,
419	but only after the amount of such reimbursement shall be
420	available in cash for application to debt service on such bonds
421	or other obligations or for the operation and maintenance or
422	other corporate purposes of the district.
423	(5) Upon the effective date of this act, the district
424	board shall be authorized to amend by resolution existing zone
425	boundaries, abolish or consolidate existing zones, create new
426	zones, and determine the percentage benefit accruing to lands
427	within said zones as a result of district projects, programs,
428	and activities. Any ad valorem taxes levied for district
429	purposes shall be levied in each zone in proportion to the
430	percentage of benefits determined by the board for the new,
431	amended, or consolidated zones.
432	(6) All such taxes shall be levied and collected as a
433	separate special tax and the county board, as the governing body
434	of such district, shall certify in each year to the property
435	appraiser of the county the total amount of the ad valorem taxes
436	to be levied in such district and the separate amount to be
437	levied in each of said zones in each year and the said property
438	appraiser shall levy and collect such special taxes at the same
439	time and in the same manner as other general county taxes are
440	collected. Such taxes, when collected by the county tax
441	collector, shall be paid and turned over to the proper officials
442	of the district for application in the manner provided in this
443	act.
444	Section 9. Non-ad valorem assessments.--The board is
445	hereby authorized and empowered by resolution to assess, levy,
446	and collect non-ad valorem assessments for the acquisition,
447	construction, reconstruction, rehabilitation, development,
448	improvement, maintenance, repair, management, or operation of
449	district facilities authorized by this act pursuant to chapters
450	189 and 197, Florida Statutes, as they may be amended from time
451	to time. Such assessments shall be levied only on benefited real
452	property at a rate based upon the special benefit accruing to
453	such property from the acquisition, construction,
454	reconstruction, rehabilitation, development, improvement,
455	maintenance, repair, management, or operation. Cost may include
456	the cost of all labor and materials, the cost of all lands,
457	property rights, easements, and franchises acquired, expenses
458	associated with the issuance of bonds secured in whole or in
459	part by non-ad valorem assessments, including, but not limited
460	to, financing charges, the establishment of reasonable reserves
461	and/or the purchase of insurance and surety bonds, interest
462	prior to and during construction and for 1 year after completion
463	of construction, discount on the sale of bonds, costs of plans
464	and specifications, surveys of estimates of costs and revenues,
465	cost of engineering, financial and legal services, and all other
466	expenses necessary or incidental to determining the feasibility
467	or practicability of the undertaking, administrative expense,
468	and such other expense as may be necessary or incidental to the
469	financing authorized by this act. Non-ad valorem assessments
470	shall be liens, coequal with the lien of all state, county,
471	district, and municipal taxes, superior in dignity to all other
472	liens, titles, and claims, until paid, shall bear interest at
473	the rate prescribed by law for ad valorem taxes, and shall be
474	levied and collected using the procedures provided in chapter
475	197, Florida Statutes, as it may be amended from time to time,
476	or such other method as the district may prescribe.
477	Section 10. Bond issuance.--
478	(1) The district board for and on behalf of the district
479	is authorized to provide by resolution from time to time for the
480	issuance of general obligation bonds, limited tax revenue bonds,
481	revenue bonds, and non-ad valorem assessment bonds to pay all or
482	part of the cost of acquisition, construction, reconstruction,
483	rehabilitation, development, or improvement of any projects,
484	facilities, or activities provided for in this act, or for the
485	purpose of refunding any such bonds of the district which are
486	then outstanding, including any redemption premium thereon and
487	any interest accrued or to accrue to the date of redemption. The
488	district board shall also have the authority to provide by
489	resolution for the issuance of other obligations to pay all or
490	part of the cost of maintenance, repair, management, or
491	operation of district projects, facilities, or activities.
492	However, the issuance of general obligation bonds shall have
493	been approved at an election of the qualified electors who
494	reside in such district, such election to be called, noticed,
495	and conducted as provided by law. The bonds of each issue shall
496	be dated, shall bear interest at such rate or rates as shall not
497	exceed the maximum bond interest rate provided by general law,
498	shall mature at such time or times not exceeding 40 years from
499	the date or dates of the bonds as may be determined by the
500	board, and may be redeemable before maturity, at the option of
501	the board, under such terms and conditions and at such prices as
502	may be fixed by the board prior to the issuance of such bonds.
503	The board shall determine the form of such bonds, including any
504	interest coupons to be attached thereto, and shall fix the
505	denomination or denominations of such bonds and the place or
506	places of payment of principal and interest, which may be at any
507	bank or trust company within or without the state. Such
508	authorizing resolution may further provide that such bonds may
509	be executed manually or by the engraved, lithographed, or
510	facsimile signature of the chair of the board. The seal of the
511	district may be affixed or lithographed, engraved, or otherwise
512	reproduced in facsimile on such bonds and shall be attested by
513	the manual or facsimile signature of the secretary or treasurer
514	of the district; provided, however, that the signature of at
515	least one of the officials executing such bonds, including the
516	registrar authenticating such bonds, shall be a manual
517	signature. In case any officer who executes such bonds shall
518	cease to be such officer before the delivery of such bonds, such
519	officer's manual signature or facsimile signature shall
520	nevertheless be valid and sufficient for all purposes the same
521	as if he or she had remained in office until such delivery. Such
522	bonds may be issued in coupon or registered form as the board
523	may determine in such authorizing resolution and provision may
524	be made for the registration of any coupon bonds as to principal
525	alone and also as to principal and interest, and for the
526	reconversion of coupon bonds or of any bond registered as to
527	principal and interest. The board may sell such bonds either at
528	public or private sale and for such price as it may determine to
529	be for the best interests of the district, but no such sale may
530	be made at a price that requires the payment of interest in
531	excess of the maximum bond interest rate provided by general
532	law.
533	(2) The proceeds of the sale of any general obligation
534	bonds, limited tax bonds, revenue bonds, and non-ad valorem
535	assessment bonds shall be used solely for the payment of the
536	costs, including engineering, financial, and legal expenses, of
537	the acquisition, construction, reconstruction, rehabilitation,
538	development, maintenance, or improvement of such facilities or
539	the refunding of bonds outstanding, and proceeds from the
540	issuance of other obligations of the district may additionally
541	be used to pay the costs of repair, management, maintenance, or
542	operation of district facilities. The proceeds of bonds issued
543	under the authority of this section shall be disbursed in such
544	manner and under such restrictions as the board may provide in
545	the authorizing resolution. Prior to the preparation or issuance
546	of definitive bonds, the board may, under like restrictions,
547	issue interim receipts or temporary notes or other forms or such
548	temporary obligations, with or without coupons, exchangeable for
549	definitive bonds when such bonds have been executed and are
550	available for delivery. The board may also provide for the
551	replacement of any bonds which have become mutilated, destroyed,
552	or lost upon proper indemnification.
553	(3) The board may provide that the bonds issued hereunder
554	shall be payable from and secured by a pledge of any one or more
555	of the following sources:
556	(a) Revenues of any one or more district facilities now
557	owned or hereafter acquired or constructed by the district.
558	(b) Proceeds from the sale or lease of all or any part of
559	any district facilities now or hereafter owned by the district,
560	as such facilities may be extended, enlarged, or improved.
561	(c) Any money received by the district from the United
562	States or any agency or instrumentality thereof or from any
563	other governmental agency or person in connection with any
564	district facilities or in repayment of any advances made by the
565	district for all or any part of the cost of any district
566	facilities.
567	(d) The full faith, credit, and taxing power of the
568	district, or limited ad valorem taxes levied by the district,
569	and such bonds may be additionally secured by a pledge of
570	revenues, sale or lease proceeds, or money received by the
571	district from the United States or any agency or instrumentality
572	thereof or other governmental agency or person as herein
573	authorized. The board may provide that such bonds shall be
574	payable as to principal and interest in the first instance from
575	such revenues, sale, or lease proceeds or money received by the
576	district from the United States or any agency or instrumentality
577	thereof or any other person.
578	(e) The proceeds of any sale or lease of district
579	facilities or property, after paying all costs in connection
580	therewith.
581	(f) The proceeds of any non-ad valorem assessments levied
582	pursuant to this act.
583	Section 11. Bond trust agreement.--In the discretion of
584	the board, any bonds issued under the provisions of this act may
585	be secured by a trust agreement by and between the district and
586	a corporate trustee, which may be any trust company or bank
587	having the powers of a trust company within or without the
588	state. Such trust agreement or the resolution providing for the
589	issuance of such bonds may contain such provisions for
590	protecting and enforcing the rights and remedies of the
591	bondholders as may be reasonable and proper and not in violation
592	of law, including covenants setting forth the duties of the
593	district in relation to the acquisition, construction,
594	reconstruction, improvement, maintenance, repair, lease,
595	operation, and insurance of any district projects, facilities,
596	or activities in connection with which such bonds shall have
597	been authorized, the custody, safeguarding, or application of
598	all moneys, and conditions or limitations with respect to the
599	issuance of additional bonds. It shall be lawful for any bank or
600	trust company incorporated under the laws of Florida, which may
601	act as depositary of the proceeds of bonds or of revenues, or
602	other funds, to furnish such indemnifying bonds or to pledge
603	such securities as may be required by the board. Any such trust
604	agreement or resolution may set forth the rights and remedies of
605	the bondholders and of the trustee under any such trust
606	agreement, and may restrict the individual right of action by
607	bondholders. In addition to the foregoing, any such trust
608	agreement or resolution may contain such other provisions as the
609	board may deem reasonable and proper for the security of the
610	bondholders. All expenses incurred in carrying out the
611	provisions of such trust agreement or resolution shall be
612	treated as a part of the costs of the operation of the district
613	facilities.
614	Section 12. Notice of bonds issuance.--Prior to the
615	issuance of any bonds, the district board may, in its
616	discretion, publish a notice at least once in a newspaper
617	published in the County of St. Lucie and circulating in the
618	district stating the date of adoption of the resolution
619	authorizing such bonds and the amount, maximum rate of interest,
620	and maturity of such bonds and the purposes in general terms for
621	which such bonds are to be issued, and further stating that any
622	action or proceeding questioning the validity of such bonds, or
623	of the proceedings authorizing the issuance thereof, or of any
624	covenants made therein, must be instituted within 20 days after
625	the first publication of such notice or the validity of such
626	bonds or of such proceedings or covenants shall not be
627	thereafter questioned in any court whatsoever. If no such action
628	or proceeding is so instituted within such 20-day period, then
629	the validity of such bonds and such proceedings and covenants
630	shall be conclusive, and all persons or parties whosoever shall
631	be forever barred from questioning the validity of such bonds or
632	such proceedings or covenants in any court whatsoever.
633	Section 13. Bond covenants.--All bonds issued hereunder
634	shall be and constitute and have all the qualities and incidents
635	of negotiable instruments under the law merchant and the
636	negotiable instruments law of Florida, and shall not be invalid
637	for any irregularity or defect in the proceedings for the
638	issuance and sale thereof and shall be incontestable in the
639	hands of bona fide purchasers for value. No proceedings in
640	respect to the issuance of such bonds shall be necessary except
641	such as are required by this act. The provisions of this act
642	shall constitute an irrevocable contract between said district
643	and the holders of such bonds or coupons thereof issued pursuant
644	to the provisions hereof. Any holder of such bonds may either at
645	law or in equity, by suit, action, or mandamus, force and compel
646	the performance of the duties required by this act or of any of
647	the officers or persons herein mentioned in relation to said
648	bonds, or the levy, assessment, collection, and enforcement and
649	application of the taxes pledged for the payment of the
650	principal and interest thereof.
651	Section 14. Public purpose declaration.--The exercise of
652	the powers conferred by this act constitutes the performance of
653	essential public functions and any erosion prevention facilities
654	acquired, constructed, reconstructed, or improved under the
655	provisions of this act constitute public property used for
656	public purposes.
657	Section 15. Bonds as legal investments.--All bonds issued
658	pursuant to this act shall be and constitute legal investments
659	for state, county, municipal, and all other public funds and for
660	banks, savings banks, insurance companies, executors,
661	administrators, trustees, and all other fiduciaries; and shall
662	also be and constitute securities eligible as collateral
663	security for all state, county, municipal, or other public
664	funds.
665	Section 16. Bonds as payments.--The district shall have
666	the power to enter into agreements for the delivery of any bonds
667	at one time or from time to time as full or partial payment for
668	the services of any engineer or work done by any contractor who
669	may have been retained or hired or been awarded a contract for
670	the construction of all or any part of such erosion prevention
671	facilities. However, such bonds so delivered for payment of such
672	services or work performed shall have been authorized and issued
673	in the manner provided in this act and shall otherwise conform
674	to the provisions hereof.
675	Section 17. District authority to purchase or
676	procure.--Insofar as the exercise of any power or authority
677	granted by this act shall involve the purchase or procurement of
678	commodities or services, the board shall exercise such power in
679	accordance with the purchasing and procurement rules,
680	regulations, ordinances, practices, and procedures of St. Lucie
681	County as the same may exist from time to time. The district
682	shall requisition such commodities and services through such
683	purchasing agents as the county may from time to time appoint,
684	and such requisitions or contract may be issued or entered into
685	in the name of St. Lucie County. The costs of such purchases,
686	procurements, and contract of the district shall be paid with
687	funds of the district.
688	Section 18. Maintenance tax.--
689	(1) In addition to the ad valorem taxes authorized to be
690	levied to pay the principal of and interest on bonds issued
691	hereunder, the district is authorized to levy a special ad
692	valorem maintenance tax of a sufficient number of mills upon the
693	dollar of assessed valuation of taxable property in the district
694	to pay for the maintenance and operation of such erosion
695	prevention facilities and other corporate purposes of the
696	district. However, such special maintenance tax shall in no
697	event exceed one mill in any one year for Zone A, eight-tenths
698	of a mill in any one year for Zone B, six-tenths of a mill in
699	any one year for Zone C, four-tenths of a mill in any one year
700	for Zone D, and two mills in any one year for Zone E. Such
701	special maintenance tax shall be levied and collected in the
702	manner provided herein for ad valorem taxes levied and collected
703	for debt service on bonds issued pursuant to this act and in
704	accordance with the provisions of section 8.
705	(2) Upon the effective date of this act, the district
706	board shall be authorized to levy an ad valorem maintenance tax
707	within new, amended, or consolidated zones established pursuant
708	to subsection (4) of section 8. Such ad valorem maintenance tax
709	millage rate within such zones shall be a rate determined by the
710	board to provide each zones' proportionate share of maintenance
711	tax revenue. Such proportionate share shall be the percentage
712	benefit accruing to lands within such zones as determined
713	pursuant to subsection (4) of section 8. Such taxes shall be
714	levied and collected in the manner provided within section 8.
715	Section 19. District contracts.--Any contract entered into
716	by the district shall be deemed to have been made for the
717	benefit of any holders of bonds issued pursuant to this act to
718	the extent necessary, and the terms of any such contract shall
719	be enforceable by such bondholders in any appropriate legal
720	proceeding. Any such contract if made with another public body
721	or municipality may be enforceable without the requirement of
722	formal consideration.
723	Section 20. Real property; personal property; advancement
724	of funds.--The County of St. Lucie, any municipality, or any
725	other political subdivision is authorized to sell, lease, grant,
726	or convey any real or personal property to the district and any
727	such sale, grant, lease, or conveyance may be made without
728	formal consideration. The County of St. Lucie shall further have
729	the power to advance any moneys available to the district to pay
730	any of the preliminary expenses of the district, including
731	engineering, legal, or financial services or any other purposes
732	necessary in the planning and beginning of construction or
733	erosion prevention facilities authorized by this act. However,
734	all such moneys so advanced shall be repaid to the county from
735	the proceeds of any bonds issued pursuant to this act, or from
736	ad valorem or maintenance taxes levied in the district for
737	operation and maintenance of erosion prevention facilities and
738	other corporate purposes of the district.
739	Section 21. Authority to delegate.--The district board
740	shall have the power to establish and create such departments,
741	boards, or other agencies as it shall deem necessary or
742	desirable in the performance of any acts or other things
743	necessary in the exercise of the powers provided in this act,
744	and may delegate to such departments, boards, or other agencies
745	such administrative duties and other powers as may be deemed
746	necessary and desirable in the exercise of the powers provided
747	in this act. However, the issuance of bonds, levy of taxes, and
748	authorization of the acquisition, construction, reconstruction,
749	or improvement of erosion prevention facilities shall be
750	authorized by resolution or resolutions duly adopted by the
751	district board.
752	Section 22. Exemption from taxation.--All district
753	property shall be exempt from levy and sale by virtue of an
754	execution and no execution or other judicial process shall issue
755	against such property, nor shall any judgment against the
756	district be a charge or lien on its property or taxes or other
757	revenue; provided, however, that nothing contained herein shall
758	apply to or limit the rights of bondholders to pursue any remedy
759	for the enforcement and collection of any taxes pledged for any
760	bonds issued hereunder.
761	Section 23. Covenant not to impair.--The state does hereby
762	pledge to and covenant and agree with the holders of any bonds
763	issued pursuant to this act that it will not limit or alter the
764	rights hereby vested in said district to acquire, construct,
765	reconstruct, improve, maintain, and operate said erosion
766	prevention facilities and to levy and collect ad valorem taxes
767	as provided herein, and to fulfill the terms of any agreement
768	made with the holders of such bonds or other obligations, and
769	will not in any way impair the rights or remedies of such
770	holders, and will not modify in any way the exemptions from
771	taxation provided for in this act, until all such bonds,
772	together with interest thereon, and with interest on any unpaid
773	installments of interest, and all costs and expenses in
774	connection with any action or proceeding by or on behalf of such
775	holders, are fully met and discharged.
776	Section 24. Liberal construction.--The provisions of this
777	act shall be liberally construed to effect its purposes and
778	shall be deemed cumulative, supplemental, and alternative
779	authority for the exercise of the powers provided herein. The
780	exercise of the powers provided in this act and the issuance of
781	bonds hereunder shall not be subject to the limitations or
782	provisions of any other law or laws except as expressly provided
783	herein.
784	Section 25. Severability.--In case any one or more of the
785	sections or provisions of this act, or the application of such
786	sections or provisions to any situations, circumstances, or
787	persons, shall for any reason be held to be unconstitutional or
788	invalid, such unconstitutionality or invalidity shall not affect
789	any other sections or provisions of this act or the application
790	of such sections or provisions of this act or the application of
791	such sections or provisions to any other situations,
792	circumstances, or persons, and it is intended that this act
793	shall be construed and applied as if such section or provision
794	so held unconstitutional or invalid had not been included in
795	this act.
796	Section 4. Chapters 67-2001 and 97-354, Laws of Florida,
797	are repealed.
798	Section 5. This act shall take effect upon becoming a law.