| 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 ch. 189, F.S.; providing |
| 9 | district powers; providing that employees of the district |
| 10 | shall be considered employees of St. Lucie County; |
| 11 | providing that contracts for services, supplies, and |
| 12 | materials shall be entered into as provided by the charter |
| 13 | and general law; providing district board authorization to |
| 14 | amend, abolish, or consolidate existing district zone |
| 15 | boundaries and determine benefits for the purpose of |
| 16 | levying ad valorem taxes; providing district board |
| 17 | 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 |
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| 26 | Be It Enacted by the Legislature of the State of Florida: |
| 27 |
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| 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 | Insofar as the exercise of any power or authority granted by |
| 678 | this act shall involve the purchase or procurement of |
| 679 | commodities or services, the board shall exercise such power in |
| 680 | accordance with the purchasing and procurement rules, |
| 681 | regulations, ordinances, practices, and procedures of St. Lucie |
| 682 | County as the same may exist from time to time. The district |
| 683 | shall requisition such commodities and services through such |
| 684 | purchasing agents as the county may from time to time appoint, |
| 685 | and such requisitions or contract may be issued or entered into |
| 686 | in the name of St. Lucie County. The costs of such purchases, |
| 687 | procurements, and contract of the district shall be paid with |
| 688 | funds of the district. |
| 689 | Section 18. Maintenance tax.-- |
| 690 | (1) In addition to the ad valorem taxes authorized to be |
| 691 | levied to pay the principal of and interest on bonds issued |
| 692 | hereunder, the district is authorized to levy a special ad |
| 693 | valorem maintenance tax of a sufficient number of mills upon the |
| 694 | dollar of assessed valuation of taxable property in the district |
| 695 | to pay for the maintenance and operation of such erosion |
| 696 | prevention facilities and other corporate purposes of the |
| 697 | district. However, such special maintenance tax shall in no |
| 698 | event exceed one mill in any one year for Zone A, eight-tenths |
| 699 | of a mill in any one year for Zone B, six-tenths of a mill in |
| 700 | any one year for Zone C, four-tenths of a mill in any one year |
| 701 | for Zone D, and two mills in any one year for Zone E. Such |
| 702 | special maintenance tax shall be levied and collected in the |
| 703 | manner provided herein for ad valorem taxes levied and collected |
| 704 | for debt service on bonds issued pursuant to this act and in |
| 705 | accordance with the provisions of section 8. |
| 706 | (2) Upon the effective date of this act, the district |
| 707 | board shall be authorized to levy an ad valorem maintenance tax |
| 708 | within new, amended, or consolidated zones established pursuant |
| 709 | to subsection (4) of section 8. Such ad valorem maintenance tax |
| 710 | millage rate within such zones shall be a rate determined by the |
| 711 | board to provide each zones' proportionate share of maintenance |
| 712 | tax revenue. Such proportionate share shall be the percentage |
| 713 | benefit accruing to lands within such zones as determined |
| 714 | pursuant to subsection (4) of section 8. Such taxes shall be |
| 715 | levied and collected in the manner provided within section 8. |
| 716 | Section 19. District contracts.--Any contract entered into |
| 717 | by the district shall be deemed to have been made for the |
| 718 | benefit of any holders of bonds issued pursuant to this act to |
| 719 | the extent necessary, and the terms of any such contract shall |
| 720 | be enforceable by such bondholders in any appropriate legal |
| 721 | proceeding. Any such contract if made with another public body |
| 722 | or municipality may be enforceable without the requirement of |
| 723 | formal consideration. |
| 724 | Section 20. Real property; personal property; advancement |
| 725 | of funds.--The County of St. Lucie, any municipality, or any |
| 726 | other political subdivision is authorized to sell, lease, grant, |
| 727 | or convey any real or personal property to the district and any |
| 728 | such sale, grant, lease, or conveyance may be made without |
| 729 | formal consideration. The County of St. Lucie shall further have |
| 730 | the power to advance any moneys available to the district to pay |
| 731 | any of the preliminary expenses of the district, including |
| 732 | engineering, legal, or financial services or any other purposes |
| 733 | necessary in the planning and beginning of construction or |
| 734 | erosion prevention facilities authorized by this act. However, |
| 735 | all such moneys so advanced shall be repaid to the county from |
| 736 | the proceeds of any bonds issued pursuant to this act, or from |
| 737 | ad valorem or maintenance taxes levied in the district for |
| 738 | operation and maintenance of erosion prevention facilities and |
| 739 | other corporate purposes of the district. |
| 740 | Section 21. Authority to delegate.--The district board |
| 741 | shall have the power to establish and create such departments, |
| 742 | boards, or other agencies as it shall deem necessary or |
| 743 | desirable in the performance of any acts or other things |
| 744 | necessary in the exercise of the powers provided in this act, |
| 745 | and may delegate to such departments, boards, or other agencies |
| 746 | such administrative duties and other powers as may be deemed |
| 747 | necessary and desirable in the exercise of the powers provided |
| 748 | in this act. However, the issuance of bonds, levy of taxes, and |
| 749 | authorization of the acquisition, construction, reconstruction, |
| 750 | or improvement of erosion prevention facilities shall be |
| 751 | authorized by resolution or resolutions duly adopted by the |
| 752 | district board. |
| 753 | Section 22. Exemption from taxation.--All district |
| 754 | property shall be exempt from levy and sale by virtue of an |
| 755 | execution and no execution or other judicial process shall issue |
| 756 | against such property, nor shall any judgment against the |
| 757 | district be a charge or lien on its property or taxes or other |
| 758 | revenue; provided, however, that nothing contained herein shall |
| 759 | apply to or limit the rights of bondholders to pursue any remedy |
| 760 | for the enforcement and collection of any taxes pledged for any |
| 761 | bonds issued hereunder. |
| 762 | Section 23. Covenant not to impair.--The state does hereby |
| 763 | pledge to and covenant and agree with the holders of any bonds |
| 764 | issued pursuant to this act that it will not limit or alter the |
| 765 | rights hereby vested in said district to acquire, construct, |
| 766 | reconstruct, improve, maintain, and operate said erosion |
| 767 | prevention facilities and to levy and collect ad valorem taxes |
| 768 | as provided herein, and to fulfill the terms of any agreement |
| 769 | made with the holders of such bonds or other obligations, and |
| 770 | will not in any way impair the rights or remedies of such |
| 771 | holders, and will not modify in any way the exemptions from |
| 772 | taxation provided for in this act, until all such bonds, |
| 773 | together with interest thereon, and with interest on any unpaid |
| 774 | installments of interest, and all costs and expenses in |
| 775 | connection with any action or proceeding by or on behalf of such |
| 776 | holders, are fully met and discharged. |
| 777 | Section 24. Liberal construction.--The provisions of this |
| 778 | act shall be liberally construed to effect its purposes and |
| 779 | shall be deemed cumulative, supplemental, and alternative |
| 780 | authority for the exercise of the powers provided herein. |
| 781 | Section 25. Severability.--In case any one or more of the |
| 782 | sections or provisions of this act, or the application of such |
| 783 | sections or provisions to any situations, circumstances, or |
| 784 | persons, shall for any reason be held to be unconstitutional or |
| 785 | invalid, such unconstitutionality or invalidity shall not affect |
| 786 | any other sections or provisions of this act or the application |
| 787 | of such sections or provisions of this act or the application of |
| 788 | such sections or provisions to any other situations, |
| 789 | circumstances, or persons, and it is intended that this act |
| 790 | shall be construed and applied as if such section or provision |
| 791 | so held unconstitutional or invalid had not been included in |
| 792 | this act. |
| 793 | Section 4. Chapters 67-2001 and 97-354, Laws of Florida, |
| 794 | are repealed. |
| 795 | Section 5. This act shall take effect upon becoming a law. |