HB 0711CS

CHAMBER ACTION



1The Committee on Local Government & Veterans' Affairs recommends
2the following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to the St. Lucie County Erosion District;
8providing for codification of special laws relating to the
9district; amending, codifying, reenacting, and repealing
10all prior special acts; preserving current authority;
11providing definitions; providing the board of the district
12shall be the St. Lucie County Commission; providing for
13meetings and applicability of ch. 189, F.S.; providing
14district powers; providing that employees of the district
15shall be considered employees of St. Lucie County;
16providing that contracts for services, supplies, and
17materials shall be entered into as provided by the charter
18and general law; providing district board authorization to
19amend, abolish, or consolidate existing district zone
20boundaries and determine benefits for the purpose of
21levying ad valorem taxes; providing district board
22authorization to levy and collect non-ad valorem
23assessments; providing district board authorization for
24issuance of bonds pursuant to general law and this act;
25providing that the purchase of commodities and services
26shall be in accordance with the purchasing policies of St.
27Lucie County; providing for severability; repealing
28chapters 67-2001 and 97-354, Laws of Florida; providing an
29effective date.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  Pursuant to section 189.429, Florida Statutes,
34this act constitutes the codification of all special acts
35relating to the St. Lucie County Erosion District, located in
36St. Lucie County. It is the intent of the Legislature to provide
37a single, comprehensive special act charter for the district,
38including all current legislative authority granted to the
39district by its several legislative enactments and any
40additional authority granted by this act, chapter 189, Florida
41Statutes, and chapters 67-2001 and 97-354, Laws of Florida, as
42amended from time to time. It is further the intent of this act
43to preserve all district authority, including the authority to
44annually assess and levy against the taxable property in the
45district.
46     Section 2.  Chapters 67-2001 and 97-354, Laws of Florida,
47are amended, codified, reenacted, and repealed as herein
48provided.
49     Section 3.  The St. Lucie County Erosion District is re-
50created and the charter for the district is re-created and
51reenacted to read:
52     Section 1.  Popular name.--This act may be known by the
53popular name the "St. Lucie County Erosion District Act."
54     Section 2.  Legislative statement.--It is hereby declared
55as a matter of legislative determination that tidal waves and
56currents, high waters, floodwaters, and other causes have given
57rise to soil and beach erosion problems in St. Lucie County and
58that it is the intent and purpose of this act to provide means
59to alleviate such conditions in the county.
60     Section 3.  Definitions.--As used in this act, unless the
61context otherwise requires:
62     (1)  "District" means the St. Lucie County Erosion
63District.
64     (2)  "County board" means the Board of County Commissioners
65of St. Lucie County.
66     (3)  "District board" or "board" means the Board of County
67Commissioners of St. Lucie County constituting the governing
68body of said district.
69     (4)  "Erosion prevention facilities" means and includes any
70seawalls, groins, pumping stations, breakwaters, dams,
71bulkheads, fills, floodways, or any and all other works or
72structures of any type whatsoever necessary or useful in the
73protection of the lands, including beaches, within said district
74from tidal waves, tidal currents, high waters, floodwaters, and
75other causes of beach and soil erosion, and any other purposes
76appurtenant, necessary, or incidental thereto, and shall include
77all real and personal property and any interests therein,
78rights, easements, and franchises of any nature whatsoever
79relating to any such erosion prevention facilities and necessary
80or convenient for the construction, acquisition, reconstruction,
81improvement, operation, and maintenance thereof.
82     (5)  "Cost" as applied to erosion prevention facilities
83includes the cost of construction, reconstruction, acquisition,
84improvement, operation, or maintenance of said facilities; the
85cost of all labor, materials, machinery, and equipment; the cost
86of all lands and interest therein, real or personal property,
87rights, easements, and franchises of any nature whatsoever;
88financing charges; interest prior to and during construction and
89after the completion of the acquisition, construction,
90reconstruction, or improvement of such erosion prevention
91facilities; the creation of initial reserve or debt service
92funds; bond discount, if any; cost of plans and specifications,
93surveys, and estimates of costs and revenues; cost of
94engineering, financial, and legal services; all other expenses
95necessary or incidental in determining the feasibility or
96practicability of such acquisition, construction,
97reconstruction, or improvement; and administrative expenses and
98such other expenses as may be necessary or incidental to
99financing authorized by this act, including reimbursement of the
100county or any other person, firm, or corporation for any moneys
101advanced to said district for any expenses incurred by said
102district in connection with any of the foregoing items of cost,
103or the creation of such district.
104     (6)  "Secretary/treasurer" means the Clerk of the Circuit
105Court of St. Lucie County, who shall serve ex officio as
106secretary and treasurer of the erosion district. The treasurer
107shall be the custodian of all funds belonging to the board and
108the erosion district, and such funds may be disbursed only upon
109the order of the board, signed by the secretary and
110countersigned by the chair of the board. The board is authorized
111to select as a depository any bank or trust company organized
112under the laws of the United States or the state and authorized
113pursuant to general law to accept deposit of county funds. Such
114funds shall be deposited by the treasurer in such depository
115upon such terms and conditions as the board may deem just and
116reasonable, and may be deposited in the name of St. Lucie County
117as long as they are properly accounted for by the treasurer.
118     (7)  "Bonds" means any evidence of indebtedness issued and
119delivered by the district for consideration and includes,
120without limitation, revenue bonds, general obligation bonds,
121limited tax bonds, non-ad valorem assessment bonds, notes, and
122other obligations.
123     (8)  "Non-ad valorem assessments" means only those
124assessments which are not based upon millage and which can
125become a lien against a homestead as permitted in section 4,
126Article X of the State Constitution.
127     Section 4.  District establishment; status; powers.--There
128is hereby created and established in St. Lucie County a
129dependent special district, to be known as the St. Lucie County
130Erosion District. The district is a body corporate and politic,
131exercising essential governmental functions for the purposes
132hereinafter set forth. The district's powers shall include the
133power to sue; to contract; to adopt and use a corporate seal and
134alter the same; to purchase, hold, lease, or otherwise acquire
135and convey such real property and personal property and
136interests therein; and any other authority granted by chapter
137189, Florida Statutes, or other applicable general law, as they
138may be amended from time to time, as may be necessary or proper
139to carry out the purposes of this act.
140     Section 5.  Boundaries.--The territorial boundaries of the
141district shall coincide with the territorial boundaries of St.
142Lucie County and shall include all lands and property within the
143county, including lands and property within incorporated areas
144of the county, within any district in the county, and within the
145unincorporated area of the county.
146     Section 6.  Governing board; creation; organization.--The
147governing body of the St. Lucie County Erosion District shall be
148known and designated as the "Board of Commissioners of the St.
149Lucie County Erosion District," and shall be made up ex officio
150of the five county commissioners of St. Lucie County, who shall
151serve ex officio as the governing body. The chair and vice chair
152shall each hold office at the will of the board and until their
153successor is duly elected by the board. The chair and vice chair
154serving at the time of the effective date of this act shall
155continue to serve until their terms expire and their successors
156are duly elected. The chair shall preside at all meetings of the
157district and perform such duties as the district may prescribe.
158The vice chair shall perform the duties of the chair in the
159absence of the chair. The board shall hold at least one regular
160meeting per month. Special meetings shall be held pursuant to
161chapter 189, Florida Statutes, as it may be amended from time to
162time. In the event of a bona fide emergency, a meeting to deal
163with the emergency may be held as necessary, with reasonable
164notice, so long as it is subsequently ratified by the board.
165Three members of the board shall constitute a quorum to transact
166business.
167     Section 7.  District powers.--The district board for and on
168behalf of the district, in addition to and supplementing other
169powers granted in this act, and any other applicable general
170law, is hereby authorized and empowered:
171     (1)  To adopt rules and regulations for its own government
172and proceedings and to adopt an official seal for the district
173and for complete exercise of jurisdiction and control over
174district operations, projects, and facilities.
175     (2)  To employ engineers, attorneys, accountants, financial
176or other experts, and such other agents and employees as the
177district board may require or deem necessary to effectuate the
178purposes of this act, or to contract for any of such services.
179All employees of the district shall be considered employees of
180St. Lucie County who shall be assigned to the district, and
181whose salary and other costs of employment shall be paid by the
182county from funds held on behalf of the district. Such
183employees, except collective bargaining unit employees, shall be
184subject to the personnel rules and regulations and shall
185participate in the employee benefit and retirement benefit plans
186of St. Lucie County. Collective bargaining unit employees of the
187district shall be members of a collective bargaining unit of St.
188Lucie County employees pursuant to general law.
189     (3)  To acquire, construct, reconstruct, improve, operate,
190or maintain erosion prevention facilities in and for the
191district, including the acquisition of any erosion prevention
192facilities constructed by any person, firm, corporation, or
193other body, or partially constructed by any person, firm,
194corporation, or other body, and the completion of such erosion
195prevention facilities by such district; to have the exclusive
196control and jurisdiction of such erosion prevention facilities;
197and to issue its bonds to pay all or any part of the cost of
198such acquisition, construction, reconstruction, improvement,
199operation, or maintenance of such erosion prevention facilities.
200     (4)  To levy and assess ad valorem taxes without limitation
201of rate or amount on all taxable property within said district
202for the purpose of paying the principal of and interest on any
203bonds issued pursuant to this act or for the operation and
204maintenance of such erosion prevention facilities or other
205corporate purposes of said district.
206     (5)  To assess, levy, and collect non-ad valorem
207assessments upon property within the district as authorized by
208this act and chapters 189 and 197, Florida Statutes, as they may
209be amended from time to time.
210     (6)  To regulate the acquisition, construction,
211reconstruction, improvement, or maintenance of erosion
212prevention facilities within the district, and to grant or deny
213permits for the construction of any erosion prevention
214facilities in the district. However, if the erosion prevention
215facilities are to be located in whole or in part within the
216territorial boundaries of any municipality, the approval of the
217governing body of such municipality shall also be obtained
218before the issuance by the district of a permit for the
219construction of such erosion prevention facilities. The district
220shall have authority to enjoin any unauthorized construction or
221work done which does not comply with any permit issued in any
222court of competent jurisdiction, and a certified copy of the
223resolution of the district denying a permit for such
224construction shall constitute prima facie evidence in all courts
225that such construction would be detrimental to the prevention of
226erosion.
227     (7)  To enter upon any lands, either within or without the
228district, through its officials, agents, or employees, or
229through contractors and their officials, agents, or employees in
230the performance of work or services for the district, in order
231to make surveys and examinations to accomplish the necessary
232purposes of the district, including preliminary surveys and
233other work. The district shall be liable for any actual damages
234done in connection therewith, and no unnecessary damage shall be
235done. The provisions of this subsection may be enforced by the
236district in any court of competent jurisdiction.
237     (8)  To acquire in the name of the district by purchase,
238gift, or the exercise of the right of eminent domain such lands
239and rights and interest therein, including lands under water and
240riparian rights, and to acquire such personal property as it may
241deem necessary in connection with the acquisition, construction,
242reconstruction, improvement, maintenance, or operation of such
243erosion prevention facilities and to hold and dispose of all
244real and personal property under its control.
245     (9)  To exercise exclusive jurisdiction, control, and
246supervision over any erosion prevention facilities owned,
247operated, and maintained by the district and to make and enforce
248such rules and regulations for the maintenance and operation of
249such erosion prevention facilities as in the judgment of the
250district board are necessary or desirable for the efficient
251operation of such erosion prevention facilities in accomplishing
252the purposes of this act.
253     (10)  To acquire, hold, and improve beachfront lands as a
254part of erosion prevention facilities, and to operate such
255beachfront lands for public purposes, including public bathing
256facilities, and to comply with any agreements made with the
257Federal Government relative to such beachfront lands for which
258financial assistance has been given to the district by the
259Federal Government.
260     (11)  To join with any other districts, cities, towns,
261counties, or other political subdivisions, public agencies, or
262authorities in the exercise of common powers.
263     (12)  To enter into contracts for the purchase of services,
264supplies, materials, and equipment pursuant to this act and
265general laws, as they may be amended from time to time.
266     (13)  Subject to such provisions and restrictions as may be
267set forth in the resolution authorizing or securing any bonds
268issued under the provisions of this act, to enter into contracts
269or agreements with the United States or any agency or
270instrumentality thereof, the state or any agency or
271instrumentality thereof, or any county, municipality, district,
272authority, or political subdivision, private corporation,
273partnership, association, or individual providing for or
274relating to erosion prevention facilities and any other matters
275relevant thereto or otherwise necessary to effect the purposes
276of this act, and to receive and accept from the United States,
277or any agency or instrumentality thereof, the state or any
278agency or instrumentality thereof, or any other public body,
279grants or loans for or in aid of the planning, construction,
280reconstruction, improvement, or financing of any erosion
281prevention facilities and to receive and accept aid or
282contributions or loans from any other source of either money,
283property, labor, or other things of value, to be held, used, and
284applied only for the purpose for which such grants,
285contributions, or loans may be made. The district shall have
286power to provide funds in order to qualify for financial and
287other assistance by federal, state, or other governmental
288agencies or political subdivisions and to do and perform all
289acts necessary to obtain any required federal or state permits
290for the carrying out of the purposes provided in this act, and
291to adopt all proceedings and perform all acts necessary to
292comply with and perform all such contracts or agreements
293referred to in this subsection.
294     (14)  To rent, lease, and sell, exchange, transfer, or
295otherwise dispose of, or to grant options for any such purposes
296with respect to any real or personal property or interest
297therein.
298     (15)  To make and execute financing agreements, lease-
299purchase agreements, contracts, deeds, and other instruments
300necessary or convenient to the exercise of its powers and
301functions, including contracts with persons, firms,
302corporations, and federal, state, and local governmental
303agencies and instrumentalities, and to cooperate with such
304persons with reference to any of the powers hereby granted.
305     (16)  To provide adequate insurance on all real and
306personal property, equipment, employees, and other personnel.
307     (17)  To do all other acts and things necessary or proper
308in the exercise of the powers herein granted.
309     Section 8.  Ad valorem assessments; zones.--
310     (1)  It is hereby found, determined, and declared that all
311of the lands and real estate within the district will be
312benefited by the acquisition, construction, improvement, or
313maintenance of erosion prevention facilities authorized by this
314act, and the full faith and credit and ad valorem taxing power
315of the district, without limitation as to rate or amount, shall
316be pledged for the payment of the principal of and interest on
317any bonds issued by the district pursuant to this act. It is
318further found, determined, and declared that for the purposes of
319the levy and collection of ad valorem taxes within the district,
320the lands and real estate therein are classified and divided
321into five zones which are hereby designated as Zones A, B, C, D,
322and E, with the zones having the following boundaries:
323     (a)  Zone A: Beginning at the intersection of the south
324line of section 7, township 35 south, range 41 east and the
325Atlantic Ocean; thence northeasterly along the Atlantic Ocean to
326the centerline of the Fort Pierce ship channel; thence
327southwesterly along the centerline of said channel to the
328centerline of the intracoastal waterway; thence southeasterly
329along said centerline to its  intersection with the south line
330of section 12, township 35 south, range 40 east extended; thence
331east along said extension and the south line of said section 12
332to the southeast corner of said section 12; thence east along
333the south line of section 7, township 35 south, range 41 east to
334the point of beginning.
335     (b)  Zone B: Beginning at the intersection of the south
336line of section 7, township 35 south, range 41 east and the
337Atlantic Ocean; thence southeasterly along the Atlantic Ocean to
338the south line of  section 22, township 36 south, range 41 east;
339thence west along the south line of said section 22 and the
340extension thereof to the centerline of the intracoastal
341waterway; thence northwesterly along the centerline of the
342intracoastal waterway to its intersection with the south line of
343section 12, township 35 south, range 40 east extended; thence
344east along said extension and the south line of said section 12
345to the southeast corner of said section 12; thence east along
346the southline of section 7, township 35 south, range 41 east to
347the point of beginning.
348     (c)  Zone C: Except for lands in Zones A and B, all lands
349east of a line beginning on the north county line at the
350northwest corner of section 3, township 34 south, range 38 east;
351thence south to the southwest corner of section 34, township 34
352south, range 38 east; east to the southeast corner of section
35335, township 34 south, range 38 east; south to the southwest
354corner of section 12, township 36 south, range 38 east; east to
355the northwest corner of section 15, township 36 south, range 39
356east; south to the southwest corner of section 34, township 37
357south, range 39 east, at the south county line.
358     (d)  Zone D: All lands in St. Lucie County west of Zone C.
359     (e)  Zone E: All lands within District boundaries.
360     (2)  It is further hereby found, determined, and declared
361that as between the lands and real estate located within said
362Zones A to D, inclusive, the percentages of the total benefits
363which such lands and real estate located within such zones will
364receive from the acquisition, construction, reconstruction,
365improvement, or maintenance of the erosion prevention facilities
366authorized by this act are as follows:
367     (a)  Zone A: Five and nine-tenths percent.
368     (b)  Zone B: One and three-tenths percent.
369     (c)  Zone C: Eighty-three and four-tenths percent.
370     (d)  Zone D: Nine and four-tenths percent.
371     (3)  As authorized by subsection (5), Zone E, created
372pursuant to County Commission Resolution 97-05, was established
373for the purpose of funding the district's share of the costs of
374the United States Army Corp of Engineers Fort Pierce Florida
375Shore Protection Project and future projects for which the board
376determines the lands and real estate within Zone E receive 100
377percent of project benefits.
378     (4)  Any ad valorem taxes assessed by the district for the
379payment of debt service or reserves on bonds or other
380obligations issued by the district or for the operation and
381maintenance of the erosion prevention facilities and other
382corporate purposes of the district shall be levied in each zone
383in ratio to the percentage of benefits set out above for said
384Zones A through D, inclusive, and, of the total amount of such
385ad valorem taxes levied on the taxable property in the district
386at any time, the separate amounts to be levied in each of such
387zones shall be the percentage set out for such zones above of
388such total amount. In the event that the full amounts of taxes
389levied in any zone shall not be collected in any year, the
390deficit shall be paid from general funds of the district or
391shall be levied in the succeeding year on all taxable property
392of the entire district, and the district shall be mandatorily
393obligated to levy and collect ad valorem taxes without
394limitations as to rate or amount on all taxable property in the
395entire district to the full extent necessary to pay all
396principal of and interest on any bonds or other obligations
397issued by the district, or such operation and maintenance and
398other corporate purposes of the district. The amount of any
399deficit in collections in any zone in any year shall, however,
400notwithstanding that such deficit may have been made up from
401general funds of the district or from ad valorem taxes levied on
402all taxable property in the entire district, be levied in each
403succeeding year on all taxable property in the zone in which
404such deficit occurs until such deficit has been made up in full
405and all amounts reimbursed to the general funds of the district
406or to the owners of taxable property in other zones for payments
407made on account of such deficits, it being the express intent of
408this act as far as the payment of debt service on any bonds or
409other obligations of the district or such operation and
410maintenance and other corporate purposes of the district are
411concerned, the entire taxable property in all of the district
412shall be subject to the levy of ad valorem taxes without limit
413as to rate or amount for the full payment of all such debt
414service and operation and maintenance and other corporate
415purposes of said district, but that as between the zones within
416such entire district, the district shall continue to levy and
417relevy sufficient ad valorem taxes on the taxable property in
418the zone in which a deficit occurs until any amounts which may
419have been previously paid by any other zone to make up such
420deficit have been paid in full. Any reimbursement to the owners
421of taxable property of any zone for amounts collected in such
422zone for any deficits in any other zone may be in the form of
423reductions in the amount of taxes to be collected in such zone,
424but only after the amount of such reimbursement shall be
425available in cash for application to debt service on such bonds
426or other obligations or for the operation and maintenance or
427other corporate purposes of the district.
428     (5)  Upon the effective date of this act, the district
429board shall be authorized to amend by resolution existing zone
430boundaries, abolish or consolidate existing zones, create new
431zones, and determine the percentage benefit accruing to lands
432within said zones as a result of district projects, programs,
433and activities. Any ad valorem taxes levied for district
434purposes shall be levied in each zone in proportion to the
435percentage of benefits determined by the board for the new,
436amended, or consolidated zones.
437     (6)  All such taxes shall be levied and collected as a
438separate special tax and the county board, as the governing body
439of such district, shall certify in each year to the property
440appraiser of the county the total amount of the ad valorem taxes
441to be levied in such district and the separate amount to be
442levied in each of said zones in each year and the said property
443appraiser shall levy and collect such special taxes at the same
444time and in the same manner as other general county taxes are
445collected. Such taxes, when collected by the county tax
446collector, shall be paid and turned over to the proper officials
447of the district for application in the manner provided in this
448act.
449     Section 9.  Non-ad valorem assessments.--The board is
450hereby authorized and empowered by resolution to assess, levy,
451and collect non-ad valorem assessments for the acquisition,
452construction, reconstruction, rehabilitation, development,
453improvement, maintenance, repair, management, or operation of
454district facilities authorized by this act pursuant to chapters
455189 and 197, Florida Statutes, as they may be amended from time
456to time. Such assessments shall be levied only on benefited real
457property at a rate based upon the special benefit accruing to
458such property from the acquisition, construction,
459reconstruction, rehabilitation, development, improvement,
460maintenance, repair, management, or operation. Cost may include
461the cost of all labor and materials, the cost of all lands,
462property rights, easements, and franchises acquired, expenses
463associated with the issuance of bonds secured in whole or in
464part by non-ad valorem assessments, including, but not limited
465to, financing charges, the establishment of reasonable reserves
466and/or the purchase of insurance and surety bonds, interest
467prior to and during construction and for 1 year after completion
468of construction, discount on the sale of bonds, costs of plans
469and specifications, surveys of estimates of costs and revenues,
470cost of engineering, financial and legal services, and all other
471expenses necessary or incidental to determining the feasibility
472or practicability of the undertaking, administrative expense,
473and such other expense as may be necessary or incidental to the
474financing authorized by this act. Non-ad valorem assessments
475shall be liens, coequal with the lien of all state, county,
476district, and municipal taxes, superior in dignity to all other
477liens, titles, and claims, until paid, shall bear interest at
478the rate prescribed by law for ad valorem taxes, and shall be
479levied and collected using the procedures provided in chapter
480197, Florida Statutes, as it may be amended from time to time,
481or such other method as the district may prescribe.
482     Section 10.  Bond issuance.--
483     (1)  The district board for and on behalf of the district
484is authorized to provide by resolution from time to time for the
485issuance of general obligation bonds, limited tax revenue bonds,
486revenue bonds, and non-ad valorem assessment bonds to pay all or
487part of the cost of acquisition, construction, reconstruction,
488rehabilitation, development, or improvement of any projects,
489facilities, or activities provided for in this act, or for the
490purpose of refunding any such bonds of the district which are
491then outstanding, including any redemption premium thereon and
492any interest accrued or to accrue to the date of redemption. The
493district board shall also have the authority to provide by
494resolution for the issuance of other obligations to pay all or
495part of the cost of maintenance, repair, management, or
496operation of district projects, facilities, or activities.
497However, the issuance of general obligation bonds shall have
498been approved at an election of the qualified electors who
499reside in such district, such election to be called, noticed,
500and conducted as provided by law. The bonds of each issue shall
501be dated, shall bear interest at such rate or rates as shall not
502exceed the maximum bond interest rate provided by general law,
503shall mature at such time or times not exceeding 40 years from
504the date or dates of the bonds as may be determined by the
505board, and may be redeemable before maturity, at the option of
506the board, under such terms and conditions and at such prices as
507may be fixed by the board prior to the issuance of such bonds.
508The board shall determine the form of such bonds, including any
509interest coupons to be attached thereto, and shall fix the
510denomination or denominations of such bonds and the place or
511places of payment of principal and interest, which may be at any
512bank or trust company within or without the state. Such
513authorizing resolution may further provide that such bonds may
514be executed manually or by the engraved, lithographed, or
515facsimile signature of the chair of the board. The seal of the
516district may be affixed or lithographed, engraved, or otherwise
517reproduced in facsimile on such bonds and shall be attested by
518the manual or facsimile signature of the secretary or treasurer
519of the district; provided, however, that the signature of at
520least one of the officials executing such bonds, including the
521registrar authenticating such bonds, shall be a manual
522signature. In case any officer who executes such bonds shall
523cease to be such officer before the delivery of such bonds, such
524officer's manual signature or facsimile signature shall
525nevertheless be valid and sufficient for all purposes the same
526as if he or she had remained in office until such delivery. Such
527bonds may be issued in coupon or registered form as the board
528may determine in such authorizing resolution and provision may
529be made for the registration of any coupon bonds as to principal
530alone and also as to principal and interest, and for the
531reconversion of coupon bonds or of any bond registered as to
532principal and interest. The board may sell such bonds either at
533public or private sale and for such price as it may determine to
534be for the best interests of the district, but no such sale may
535be made at a price that requires the payment of interest in
536excess of the maximum bond interest rate provided by general
537law.
538     (2)  The proceeds of the sale of any general obligation
539bonds, limited tax bonds, revenue bonds, and non-ad valorem
540assessment bonds shall be used solely for the payment of the
541costs, including engineering, financial, and legal expenses, of
542the acquisition, construction, reconstruction, rehabilitation,
543development, maintenance, or improvement of such facilities or
544the refunding of bonds outstanding, and proceeds from the
545issuance of other obligations of the district may additionally
546be used to pay the costs of repair, management, maintenance, or
547operation of district facilities. The proceeds of bonds issued
548under the authority of this section shall be disbursed in such
549manner and under such restrictions as the board may provide in
550the authorizing resolution. Prior to the preparation or issuance
551of definitive bonds, the board may, under like restrictions,
552issue interim receipts or temporary notes or other forms or such
553temporary obligations, with or without coupons, exchangeable for
554definitive bonds when such bonds have been executed and are
555available for delivery. The board may also provide for the
556replacement of any bonds which have become mutilated, destroyed,
557or lost upon proper indemnification.
558     (3)  The board may provide that the bonds issued hereunder
559shall be payable from and secured by a pledge of any one or more
560of the following sources:
561     (a)  Revenues of any one or more district facilities now
562owned or hereafter acquired or constructed by the district.
563     (b)  Proceeds from the sale or lease of all or any part of
564any district facilities now or hereafter owned by the district,
565as such facilities may be extended, enlarged, or improved.
566     (c)  Any money received by the district from the United
567States or any agency or instrumentality thereof or from any
568other governmental agency or person in connection with any
569district facilities or in repayment of any advances made by the
570district for all or any part of the cost of any district
571facilities.
572     (d)  The full faith, credit, and taxing power of the
573district, or limited ad valorem taxes levied by the district,
574and such bonds may be additionally secured by a pledge of
575revenues, sale or lease proceeds, or money received by the
576district from the United States or any agency or instrumentality
577thereof or other governmental agency or person as herein
578authorized. The board may provide that such bonds shall be
579payable as to principal and interest in the first instance from
580such revenues, sale, or lease proceeds or money received by the
581district from the United States or any agency or instrumentality
582thereof or any other person.
583     (e)  The proceeds of any sale or lease of district
584facilities or property, after paying all costs in connection
585therewith.
586     (f)  The proceeds of any non-ad valorem assessments levied
587pursuant to this act.
588     Section 11.  Bond trust agreement.--In the discretion of
589the board, any bonds issued under the provisions of this act may
590be secured by a trust agreement by and between the district and
591a corporate trustee, which may be any trust company or bank
592having the powers of a trust company within or without the
593state. Such trust agreement or the resolution providing for the
594issuance of such bonds may contain such provisions for
595protecting and enforcing the rights and remedies of the
596bondholders as may be reasonable and proper and not in violation
597of law, including covenants setting forth the duties of the
598district in relation to the acquisition, construction,
599reconstruction, improvement, maintenance, repair, lease,
600operation, and insurance of any district projects, facilities,
601or activities in connection with which such bonds shall have
602been authorized, the custody, safeguarding, or application of
603all moneys, and conditions or limitations with respect to the
604issuance of additional bonds. It shall be lawful for any bank or
605trust company incorporated under the laws of Florida, which may
606act as depositary of the proceeds of bonds or of revenues, or
607other funds, to furnish such indemnifying bonds or to pledge
608such securities as may be required by the board. Any such trust
609agreement or resolution may set forth the rights and remedies of
610the bondholders and of the trustee under any such trust
611agreement, and may restrict the individual right of action by
612bondholders. In addition to the foregoing, any such trust
613agreement or resolution may contain such other provisions as the
614board may deem reasonable and proper for the security of the
615bondholders. All expenses incurred in carrying out the
616provisions of such trust agreement or resolution shall be
617treated as a part of the costs of the operation of the district
618facilities.
619     Section 12.  Notice of bonds issuance.--Prior to the
620issuance of any bonds, the district board may, in its
621discretion, publish a notice at least once in a newspaper
622published in the County of St. Lucie and circulating in the
623district stating the date of adoption of the resolution
624authorizing such bonds and the amount, maximum rate of interest,
625and maturity of such bonds and the purposes in general terms for
626which such bonds are to be issued, and further stating that any
627action or proceeding questioning the validity of such bonds, or
628of the proceedings authorizing the issuance thereof, or of any
629covenants made therein, must be instituted within 20 days after
630the first publication of such notice or the validity of such
631bonds or of such proceedings or covenants shall not be
632thereafter questioned in any court whatsoever. If no such action
633or proceeding is so instituted within such 20-day period, then
634the validity of such bonds and such proceedings and covenants
635shall be conclusive, and all persons or parties whosoever shall
636be forever barred from questioning the validity of such bonds or
637such proceedings or covenants in any court whatsoever.
638     Section 13.  Bond covenants.--All bonds issued hereunder
639shall be and constitute and have all the qualities and incidents
640of negotiable instruments under the law merchant and the
641negotiable instruments law of Florida, and shall not be invalid
642for any irregularity or defect in the proceedings for the
643issuance and sale thereof and shall be incontestable in the
644hands of bona fide purchasers for value. No proceedings in
645respect to the issuance of such bonds shall be necessary except
646such as are required by this act. The provisions of this act
647shall constitute an irrevocable contract between said district
648and the holders of such bonds or coupons thereof issued pursuant
649to the provisions hereof. Any holder of such bonds may either at
650law or in equity, by suit, action, or mandamus, force and compel
651the performance of the duties required by this act or of any of
652the officers or persons herein mentioned in relation to said
653bonds, or the levy, assessment, collection, and enforcement and
654application of the taxes pledged for the payment of the
655principal and interest thereof.
656     Section 14.  Public purpose declaration.--The exercise of
657the powers conferred by this act constitutes the performance of
658essential public functions and any erosion prevention facilities
659acquired, constructed, reconstructed, or improved under the
660provisions of this act constitute public property used for
661public purposes.
662     Section 15.  Bonds as legal investments.--All bonds issued
663pursuant to this act shall be and constitute legal investments
664for state, county, municipal, and all other public funds and for
665banks, savings banks, insurance companies, executors,
666administrators, trustees, and all other fiduciaries; and shall
667also be and constitute securities eligible as collateral
668security for all state, county, municipal, or other public
669funds.
670     Section 16.  Bonds as payments.--The district shall have
671the power to enter into agreements for the delivery of any bonds
672at one time or from time to time as full or partial payment for
673the services of any engineer or work done by any contractor who
674may have been retained or hired or been awarded a contract for
675the construction of all or any part of such erosion prevention
676facilities. However, such bonds so delivered for payment of such
677services or work performed shall have been authorized and issued
678in the manner provided in this act and shall otherwise conform
679to the provisions hereof.
680     Section 17.  District authority to purchase or
681procure.--Insofar as the exercise of any power or authority
682Insofar as the exercise of any power or authority granted by
683this act shall involve the purchase or procurement of
684commodities or services, the board shall exercise such power in
685accordance with the purchasing and procurement rules,
686regulations, ordinances, practices, and procedures of St. Lucie
687County as the same may exist from time to time. The district
688shall requisition such commodities and services through such
689purchasing agents as the county may from time to time appoint,
690and such requisitions or contract may be issued or entered into
691in the name of St. Lucie County. The costs of such purchases,
692procurements, and contract of the district shall be paid with
693funds of the district.
694     Section 18.  Maintenance tax.--
695     (1)  In addition to the ad valorem taxes authorized to be
696levied to pay the principal of and interest on bonds issued
697hereunder, the district is authorized to levy a special ad
698valorem maintenance tax of a sufficient number of mills upon the
699dollar of assessed valuation of taxable property in the district
700to pay for the maintenance and operation of such erosion
701prevention facilities and other corporate purposes of the
702district. However, such special maintenance tax shall in no
703event exceed one mill in any one year for Zone A, eight-tenths
704of a mill in any one year for Zone B, six-tenths of a mill in
705any one year for Zone C, four-tenths of a mill in any one year
706for Zone D, and two mills in any one year for Zone E. Such
707special maintenance tax shall be levied and collected in the
708manner provided herein for ad valorem taxes levied and collected
709for debt service on bonds issued pursuant to this act and in
710accordance with the provisions of section 8.
711     (2)  Upon the effective date of this act, the district
712board shall be authorized to levy an ad valorem maintenance tax
713within new, amended, or consolidated zones established pursuant
714to subsection (4) of section 8. Such ad valorem maintenance tax
715millage rate within such zones shall be a rate determined by the
716board to provide each zones' proportionate share of maintenance
717tax revenue. Such proportionate share shall be the percentage
718benefit accruing to lands within such zones as determined
719pursuant to subsection (4) of section 8. Such taxes shall be
720levied and collected in the manner provided within section 8.
721     Section 19.  District contracts.--Any contract entered into
722by the district shall be deemed to have been made for the
723benefit of any holders of bonds issued pursuant to this act to
724the extent necessary, and the terms of any such contract shall
725be enforceable by such bondholders in any appropriate legal
726proceeding. Any such contract if made with another public body
727or municipality may be enforceable without the requirement of
728formal consideration.
729     Section 20.  Real property; personal property; advancement
730of funds.--The County of St. Lucie, any municipality, or any
731other political subdivision is authorized to sell, lease, grant,
732or convey any real or personal property to the district and any
733such sale, grant, lease, or conveyance may be made without
734formal consideration. The County of St. Lucie shall further have
735the power to advance any moneys available to the district to pay
736any of the preliminary expenses of the district, including
737engineering, legal, or financial services or any other purposes
738necessary in the planning and beginning of construction or
739erosion prevention facilities authorized by this act. However,
740all such moneys so advanced shall be repaid to the county from
741the proceeds of any bonds issued pursuant to this act, or from
742ad valorem or maintenance taxes levied in the district for
743operation and maintenance of erosion prevention facilities and
744other corporate purposes of the district.
745     Section 21.  Authority to delegate.--The district board
746shall have the power to establish and create such departments,
747boards, or other agencies as it shall deem necessary or
748desirable in the performance of any acts or other things
749necessary in the exercise of the powers provided in this act,
750and may delegate to such departments, boards, or other agencies
751such administrative duties and other powers as may be deemed
752necessary and desirable in the exercise of the powers provided
753in this act. However, the issuance of bonds, levy of taxes, and
754authorization of the acquisition, construction, reconstruction,
755or improvement of erosion prevention facilities shall be
756authorized by resolution or resolutions duly adopted by the
757district board.
758     Section 22.  Exemption from taxation.--All district
759property shall be exempt from levy and sale by virtue of an
760execution and no execution or other judicial process shall issue
761against such property, nor shall any judgment against the
762district be a charge or lien on its property or taxes or other
763revenue; provided, however, that nothing contained herein shall
764apply to or limit the rights of bondholders to pursue any remedy
765for the enforcement and collection of any taxes pledged for any
766bonds issued hereunder.
767     Section 23.  Covenant not to impair.--The state does hereby
768pledge to and covenant and agree with the holders of any bonds
769issued pursuant to this act that it will not limit or alter the
770rights hereby vested in said district to acquire, construct,
771reconstruct, improve, maintain, and operate said erosion
772prevention facilities and to levy and collect ad valorem taxes
773as provided herein, and to fulfill the terms of any agreement
774made with the holders of such bonds or other obligations, and
775will not in any way impair the rights or remedies of such
776holders, and will not modify in any way the exemptions from
777taxation provided for in this act, until all such bonds,
778together with interest thereon, and with interest on any unpaid
779installments of interest, and all costs and expenses in
780connection with any action or proceeding by or on behalf of such
781holders, are fully met and discharged.
782     Section 24.  Liberal construction.--The provisions of this
783act shall be liberally construed to effect its purposes and
784shall be deemed cumulative, supplemental, and alternative
785authority for the exercise of the powers provided herein.
786     Section 25.  Severability.--In case any one or more of the
787sections or provisions of this act, or the application of such
788sections or provisions to any situations, circumstances, or
789persons, shall for any reason be held to be unconstitutional or
790invalid, such unconstitutionality or invalidity shall not affect
791any other sections or provisions of this act or the application
792of such sections or provisions of this act or the application of
793such sections or provisions to any other situations,
794circumstances, or persons, and it is intended that this act
795shall be construed and applied as if such section or provision
796so held unconstitutional or invalid had not been included in
797this act.
798     Section 4.  Chapters 67-2001 and 97-354, Laws of Florida,
799are repealed.
800     Section 5.  This act shall take effect upon becoming a law.


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