HB 0711

1
A bill to be entitled
2An act relating to the St. Lucie County Erosion District;
3providing for codification of special laws relating to the
4district; amending, codifying, reenacting, and repealing
5all prior special acts; preserving current authority;
6providing definitions; providing the board of the district
7shall be the St. Lucie County Commission; providing for
8meetings and applicability of ch. 189, F.S.; providing
9district powers; providing that employees of the district
10shall be considered employees of St. Lucie County;
11providing that contracts for services, supplies, and
12materials shall be entered into as provided by the charter
13and general law; providing district board authorization to
14amend, abolish, or consolidate existing district zone
15boundaries and determine benefits for the purpose of
16levying ad valorem taxes; providing district board
17authorization to levy and collect non-ad valorem
18assessments; providing district board authorization for
19issuance of bonds pursuant to general law and this act;
20providing that the purchase of commodities and services
21shall be in accordance with the purchasing policies of St.
22Lucie County; providing for severability; repealing
23chapters 67-2001 and 97-354, Laws of Florida; providing an
24effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Pursuant to section 189.429, Florida Statutes,
29this act constitutes the codification of all special acts
30relating to the St. Lucie County Erosion District, located in
31St. Lucie County. It is the intent of the Legislature to provide
32a single, comprehensive special act charter for the district,
33including all current legislative authority granted to the
34district by its several legislative enactments and any
35additional authority granted by this act, chapter 189, Florida
36Statutes, and chapters 67-2001 and 97-354, Laws of Florida, as
37amended from time to time. It is further the intent of this act
38to preserve all district authority, including the authority to
39annually assess and levy against the taxable property in the
40district.
41     Section 2.  Chapters 67-2001 and 97-354, Laws of Florida,
42are amended, codified, reenacted, and repealed as herein
43provided.
44     Section 3.  The St. Lucie County Erosion District is re-
45created and the charter for the district is re-created and
46reenacted to read:
47     Section 1.  Popular name.--This act may be known by the
48popular name the "St. Lucie County Erosion District Act."
49     Section 2.  Legislative statement.--It is hereby declared
50as a matter of legislative determination that tidal waves and
51currents, high waters, floodwaters, and other causes have given
52rise to soil and beach erosion problems in St. Lucie County and
53that it is the intent and purpose of this act to provide means
54to alleviate such conditions in the county.
55     Section 3.  Definitions.--As used in this act, unless the
56context otherwise requires:
57     (1)  "District" means the St. Lucie County Erosion
58District.
59     (2)  "County board" means the Board of County Commissioners
60of St. Lucie County.
61     (3)  "District board" or "board" means the Board of County
62Commissioners of St. Lucie County constituting the governing
63body of said district.
64     (4)  "Erosion prevention facilities" means and includes any
65seawalls, groins, pumping stations, breakwaters, dams,
66bulkheads, fills, floodways, or any and all other works or
67structures of any type whatsoever necessary or useful in the
68protection of the lands, including beaches, within said district
69from tidal waves, tidal currents, high waters, floodwaters, and
70other causes of beach and soil erosion, and any other purposes
71appurtenant, necessary, or incidental thereto, and shall include
72all real and personal property and any interests therein,
73rights, easements, and franchises of any nature whatsoever
74relating to any such erosion prevention facilities and necessary
75or convenient for the construction, acquisition, reconstruction,
76improvement, operation, and maintenance thereof.
77     (5)  "Cost" as applied to erosion prevention facilities
78includes the cost of construction, reconstruction, acquisition,
79improvement, operation, or maintenance of said facilities; the
80cost of all labor, materials, machinery, and equipment; the cost
81of all lands and interest therein, real or personal property,
82rights, easements, and franchises of any nature whatsoever;
83financing charges; interest prior to and during construction and
84after the completion of the acquisition, construction,
85reconstruction, or improvement of such erosion prevention
86facilities; the creation of initial reserve or debt service
87funds; bond discount, if any; cost of plans and specifications,
88surveys, and estimates of costs and revenues; cost of
89engineering, financial, and legal services; all other expenses
90necessary or incidental in determining the feasibility or
91practicability of such acquisition, construction,
92reconstruction, or improvement; and administrative expenses and
93such other expenses as may be necessary or incidental to
94financing authorized by this act, including reimbursement of the
95county or any other person, firm, or corporation for any moneys
96advanced to said district for any expenses incurred by said
97district in connection with any of the foregoing items of cost,
98or the creation of such district.
99     (6)  "Secretary/treasurer" means the Clerk of the Circuit
100Court of St. Lucie County, who shall serve ex officio as
101secretary and treasurer of the erosion district. The treasurer
102shall be the custodian of all funds belonging to the board and
103the erosion district, and such funds may be disbursed only upon
104the order of the board, signed by the secretary and
105countersigned by the chair of the board. The board is authorized
106to select as a depository any bank or trust company organized
107under the laws of the United States or the state and authorized
108pursuant to general law to accept deposit of county funds. Such
109funds shall be deposited by the treasurer in such depository
110upon such terms and conditions as the board may deem just and
111reasonable, and may be deposited in the name of St. Lucie County
112as long as they are properly accounted for by the treasurer.
113     (7)  "Bonds" means any evidence of indebtedness issued and
114delivered by the district for consideration and includes,
115without limitation, revenue bonds, general obligation bonds,
116limited tax bonds, non-ad valorem assessment bonds, notes, and
117other obligations.
118     (8)  "Non-ad valorem assessments" means only those
119assessments which are not based upon millage and which can
120become a lien against a homestead as permitted in section 4,
121Article X of the State Constitution.
122     Section 4.  District establishment; status; powers.--There
123is hereby created and established in St. Lucie County a
124dependent special district, to be known as the St. Lucie County
125Erosion District. The district is a body corporate and politic,
126exercising essential governmental functions for the purposes
127hereinafter set forth. The district's powers shall include the
128power to sue; to contract; to adopt and use a corporate seal and
129alter the same; to purchase, hold, lease, or otherwise acquire
130and convey such real property and personal property and
131interests therein; and any other authority granted by chapter
132189, Florida Statutes, or other applicable general law, as they
133may be amended from time to time, as may be necessary or proper
134to carry out the purposes of this act.
135     Section 5.  Boundaries.--The territorial boundaries of the
136district shall coincide with the territorial boundaries of St.
137Lucie County and shall include all lands and property within the
138county, including lands and property within incorporated areas
139of the county, within any district in the county, and within the
140unincorporated area of the county.
141     Section 6.  Governing board; creation; organization.--The
142governing body of the St. Lucie County Erosion District shall be
143known and designated as the "Board of Commissioners of the St.
144Lucie County Erosion District," and shall be made up ex officio
145of the five county commissioners of St. Lucie County, who shall
146serve ex officio as the governing body. The chair and vice chair
147shall each hold office at the will of the board and until their
148successor is duly elected by the board. The chair and vice chair
149serving at the time of the effective date of this act shall
150continue to serve until their terms expire and their successors
151are duly elected. The chair shall preside at all meetings of the
152district and perform such duties as the district may prescribe.
153The vice chair shall perform the duties of the chair in the
154absence of the chair. The board shall hold at least one regular
155meeting per month. Special meetings shall be held pursuant to
156chapter 189, Florida Statutes, as it may be amended from time to
157time. In the event of a bona fide emergency, a meeting to deal
158with the emergency may be held as necessary, with reasonable
159notice, so long as it is subsequently ratified by the board.
160Three members of the board shall constitute a quorum to transact
161business.
162     Section 7.  District powers.--The district board for and on
163behalf of the district, in addition to and supplementing other
164powers granted in this act, and any other applicable general
165law, is hereby authorized and empowered:
166     (1)  To adopt rules and regulations for its own government
167and proceedings and to adopt an official seal for the district
168and for complete exercise of jurisdiction and control over
169district operations, projects, and facilities.
170     (2)  To employ engineers, attorneys, accountants, financial
171or other experts, and such other agents and employees as the
172district board may require or deem necessary to effectuate the
173purposes of this act, or to contract for any of such services.
174All employees of the district shall be considered employees of
175St. Lucie County who shall be assigned to the district, and
176whose salary and other costs of employment shall be paid by the
177county from funds held on behalf of the district. Such
178employees, except collective bargaining unit employees, shall be
179subject to the personnel rules and regulations and shall
180participate in the employee benefit and retirement benefit plans
181of St. Lucie County. Collective bargaining unit employees of the
182district shall be members of a collective bargaining unit of St.
183Lucie County employees pursuant to general law.
184     (3)  To acquire, construct, reconstruct, improve, operate,
185or maintain erosion prevention facilities in and for the
186district, including the acquisition of any erosion prevention
187facilities constructed by any person, firm, corporation, or
188other body, or partially constructed by any person, firm,
189corporation, or other body, and the completion of such erosion
190prevention facilities by such district; to have the exclusive
191control and jurisdiction of such erosion prevention facilities;
192and to issue its bonds to pay all or any part of the cost of
193such acquisition, construction, reconstruction, improvement,
194operation, or maintenance of such erosion prevention facilities.
195     (4)  To levy and assess ad valorem taxes without limitation
196of rate or amount on all taxable property within said district
197for the purpose of paying the principal of and interest on any
198bonds issued pursuant to this act or for the operation and
199maintenance of such erosion prevention facilities or other
200corporate purposes of said district.
201     (5)  To assess, levy, and collect non-ad valorem
202assessments upon property within the district as authorized by
203this act and chapters 189 and 197, Florida Statutes, as they may
204be amended from time to time.
205     (6)  To regulate the acquisition, construction,
206reconstruction, improvement, or maintenance of erosion
207prevention facilities within the district, and to grant or deny
208permits for the construction of any erosion prevention
209facilities in the district. However, if the erosion prevention
210facilities are to be located in whole or in part within the
211territorial boundaries of any municipality, the approval of the
212governing body of such municipality shall also be obtained
213before the issuance by the district of a permit for the
214construction of such erosion prevention facilities. The district
215shall have authority to enjoin any unauthorized construction or
216work done which does not comply with any permit issued in any
217court of competent jurisdiction, and a certified copy of the
218resolution of the district denying a permit for such
219construction shall constitute prima facie evidence in all courts
220that such construction would be detrimental to the prevention of
221erosion.
222     (7)  To enter upon any lands, either within or without the
223district, through its officials, agents, or employees, or
224through contractors and their officials, agents, or employees in
225the performance of work or services for the district, in order
226to make surveys and examinations to accomplish the necessary
227purposes of the district, including preliminary surveys and
228other work. The district shall be liable for any actual damages
229done in connection therewith, and no unnecessary damage shall be
230done. The provisions of this subsection may be enforced by the
231district in any court of competent jurisdiction.
232     (8)  To acquire in the name of the district by purchase,
233gift, or the exercise of the right of eminent domain such lands
234and rights and interest therein, including lands under water and
235riparian rights, and to acquire such personal property as it may
236deem necessary in connection with the acquisition, construction,
237reconstruction, improvement, maintenance, or operation of such
238erosion prevention facilities and to hold and dispose of all
239real and personal property under its control.
240     (9)  To exercise exclusive jurisdiction, control, and
241supervision over any erosion prevention facilities owned,
242operated, and maintained by the district and to make and enforce
243such rules and regulations for the maintenance and operation of
244such erosion prevention facilities as in the judgment of the
245district board are necessary or desirable for the efficient
246operation of such erosion prevention facilities in accomplishing
247the purposes of this act.
248     (10)  To acquire, hold, and improve beachfront lands as a
249part of erosion prevention facilities, and to operate such
250beachfront lands for public purposes, including public bathing
251facilities, and to comply with any agreements made with the
252Federal Government relative to such beachfront lands for which
253financial assistance has been given to the district by the
254Federal Government.
255     (11)  To join with any other districts, cities, towns,
256counties, or other political subdivisions, public agencies, or
257authorities in the exercise of common powers.
258     (12)  To enter into contracts for the purchase of services,
259supplies, materials, and equipment pursuant to this act and
260general laws, as they may be amended from time to time.
261     (13)  Subject to such provisions and restrictions as may be
262set forth in the resolution authorizing or securing any bonds
263issued under the provisions of this act, to enter into contracts
264or agreements with the United States or any agency or
265instrumentality thereof, the state or any agency or
266instrumentality thereof, or any county, municipality, district,
267authority, or political subdivision, private corporation,
268partnership, association, or individual providing for or
269relating to erosion prevention facilities and any other matters
270relevant thereto or otherwise necessary to effect the purposes
271of this act, and to receive and accept from the United States,
272or any agency or instrumentality thereof, the state or any
273agency or instrumentality thereof, or any other public body,
274grants or loans for or in aid of the planning, construction,
275reconstruction, improvement, or financing of any erosion
276prevention facilities and to receive and accept aid or
277contributions or loans from any other source of either money,
278property, labor, or other things of value, to be held, used, and
279applied only for the purpose for which such grants,
280contributions, or loans may be made. The district shall have
281power to provide funds in order to qualify for financial and
282other assistance by federal, state, or other governmental
283agencies or political subdivisions and to do and perform all
284acts necessary to obtain any required federal or state permits
285for the carrying out of the purposes provided in this act, and
286to adopt all proceedings and perform all acts necessary to
287comply with and perform all such contracts or agreements
288referred to in this subsection.
289     (14)  To rent, lease, and sell, exchange, transfer, or
290otherwise dispose of, or to grant options for any such purposes
291with respect to any real or personal property or interest
292therein.
293     (15)  To make and execute financing agreements, lease-
294purchase agreements, contracts, deeds, and other instruments
295necessary or convenient to the exercise of its powers and
296functions, including contracts with persons, firms,
297corporations, and federal, state, and local governmental
298agencies and instrumentalities, and to cooperate with such
299persons with reference to any of the powers hereby granted.
300     (16)  To provide adequate insurance on all real and
301personal property, equipment, employees, and other personnel.
302     (17)  To do all other acts and things necessary or proper
303in 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
306of the lands and real estate within the district will be
307benefited by the acquisition, construction, improvement, or
308maintenance of erosion prevention facilities authorized by this
309act, and the full faith and credit and ad valorem taxing power
310of the district, without limitation as to rate or amount, shall
311be pledged for the payment of the principal of and interest on
312any bonds issued by the district pursuant to this act. It is
313further found, determined, and declared that for the purposes of
314the levy and collection of ad valorem taxes within the district,
315the lands and real estate therein are classified and divided
316into five zones which are hereby designated as Zones A, B, C, D,
317and E, with the zones having the following boundaries:
318     (a)  Zone A: Beginning at the intersection of the south
319line of section 7, township 35 south, range 41 east and the
320Atlantic Ocean; thence northeasterly along the Atlantic Ocean to
321the centerline of the Fort Pierce ship channel; thence
322southwesterly along the centerline of said channel to the
323centerline of the intracoastal waterway; thence southeasterly
324along said centerline to its  intersection with the south line
325of section 12, township 35 south, range 40 east extended; thence
326east along said extension and the south line of said section 12
327to the southeast corner of said section 12; thence east along
328the south line of section 7, township 35 south, range 41 east to
329the point of beginning.
330     (b)  Zone B: Beginning at the intersection of the south
331line of section 7, township 35 south, range 41 east and the
332Atlantic Ocean; thence southeasterly along the Atlantic Ocean to
333the south line of  section 22, township 36 south, range 41 east;
334thence west along the south line of said section 22 and the
335extension thereof to the centerline of the intracoastal
336waterway; thence northwesterly along the centerline of the
337intracoastal waterway to its intersection with the south line of
338section 12, township 35 south, range 40 east extended; thence
339east along said extension and the south line of said section 12
340to the southeast corner of said section 12; thence east along
341the southline of section 7, township 35 south, range 41 east to
342the point of beginning.
343     (c)  Zone C: Except for lands in Zones A and B, all lands
344east of a line beginning on the north county line at the
345northwest corner of section 3, township 34 south, range 38 east;
346thence south to the southwest corner of section 34, township 34
347south, range 38 east; east to the southeast corner of section
34835, township 34 south, range 38 east; south to the southwest
349corner of section 12, township 36 south, range 38 east; east to
350the northwest corner of section 15, township 36 south, range 39
351east; south to the southwest corner of section 34, township 37
352south, 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
356that as between the lands and real estate located within said
357Zones A to D, inclusive, the percentages of the total benefits
358which such lands and real estate located within such zones will
359receive from the acquisition, construction, reconstruction,
360improvement, or maintenance of the erosion prevention facilities
361authorized 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
367pursuant to County Commission Resolution 97-05, was established
368for the purpose of funding the district's share of the costs of
369the United States Army Corp of Engineers Fort Pierce Florida
370Shore Protection Project and future projects for which the board
371determines the lands and real estate within Zone E receive 100
372percent of project benefits.
373     (4)  Any ad valorem taxes assessed by the district for the
374payment of debt service or reserves on bonds or other
375obligations issued by the district or for the operation and
376maintenance of the erosion prevention facilities and other
377corporate purposes of the district shall be levied in each zone
378in ratio to the percentage of benefits set out above for said
379Zones A through D, inclusive, and, of the total amount of such
380ad valorem taxes levied on the taxable property in the district
381at any time, the separate amounts to be levied in each of such
382zones shall be the percentage set out for such zones above of
383such total amount. In the event that the full amounts of taxes
384levied in any zone shall not be collected in any year, the
385deficit shall be paid from general funds of the district or
386shall be levied in the succeeding year on all taxable property
387of the entire district, and the district shall be mandatorily
388obligated to levy and collect ad valorem taxes without
389limitations as to rate or amount on all taxable property in the
390entire district to the full extent necessary to pay all
391principal of and interest on any bonds or other obligations
392issued by the district, or such operation and maintenance and
393other corporate purposes of the district. The amount of any
394deficit in collections in any zone in any year shall, however,
395notwithstanding that such deficit may have been made up from
396general funds of the district or from ad valorem taxes levied on
397all taxable property in the entire district, be levied in each
398succeeding year on all taxable property in the zone in which
399such deficit occurs until such deficit has been made up in full
400and all amounts reimbursed to the general funds of the district
401or to the owners of taxable property in other zones for payments
402made on account of such deficits, it being the express intent of
403this act as far as the payment of debt service on any bonds or
404other obligations of the district or such operation and
405maintenance and other corporate purposes of the district are
406concerned, the entire taxable property in all of the district
407shall be subject to the levy of ad valorem taxes without limit
408as to rate or amount for the full payment of all such debt
409service and operation and maintenance and other corporate
410purposes of said district, but that as between the zones within
411such entire district, the district shall continue to levy and
412relevy sufficient ad valorem taxes on the taxable property in
413the zone in which a deficit occurs until any amounts which may
414have been previously paid by any other zone to make up such
415deficit have been paid in full. Any reimbursement to the owners
416of taxable property of any zone for amounts collected in such
417zone for any deficits in any other zone may be in the form of
418reductions in the amount of taxes to be collected in such zone,
419but only after the amount of such reimbursement shall be
420available in cash for application to debt service on such bonds
421or other obligations or for the operation and maintenance or
422other corporate purposes of the district.
423     (5)  Upon the effective date of this act, the district
424board shall be authorized to amend by resolution existing zone
425boundaries, abolish or consolidate existing zones, create new
426zones, and determine the percentage benefit accruing to lands
427within said zones as a result of district projects, programs,
428and activities. Any ad valorem taxes levied for district
429purposes shall be levied in each zone in proportion to the
430percentage of benefits determined by the board for the new,
431amended, or consolidated zones.
432     (6)  All such taxes shall be levied and collected as a
433separate special tax and the county board, as the governing body
434of such district, shall certify in each year to the property
435appraiser of the county the total amount of the ad valorem taxes
436to be levied in such district and the separate amount to be
437levied in each of said zones in each year and the said property
438appraiser shall levy and collect such special taxes at the same
439time and in the same manner as other general county taxes are
440collected. Such taxes, when collected by the county tax
441collector, shall be paid and turned over to the proper officials
442of the district for application in the manner provided in this
443act.
444     Section 9.  Non-ad valorem assessments.--The board is
445hereby authorized and empowered by resolution to assess, levy,
446and collect non-ad valorem assessments for the acquisition,
447construction, reconstruction, rehabilitation, development,
448improvement, maintenance, repair, management, or operation of
449district facilities authorized by this act pursuant to chapters
450189 and 197, Florida Statutes, as they may be amended from time
451to time. Such assessments shall be levied only on benefited real
452property at a rate based upon the special benefit accruing to
453such property from the acquisition, construction,
454reconstruction, rehabilitation, development, improvement,
455maintenance, repair, management, or operation. Cost may include
456the cost of all labor and materials, the cost of all lands,
457property rights, easements, and franchises acquired, expenses
458associated with the issuance of bonds secured in whole or in
459part by non-ad valorem assessments, including, but not limited
460to, financing charges, the establishment of reasonable reserves
461and/or the purchase of insurance and surety bonds, interest
462prior to and during construction and for 1 year after completion
463of construction, discount on the sale of bonds, costs of plans
464and specifications, surveys of estimates of costs and revenues,
465cost of engineering, financial and legal services, and all other
466expenses necessary or incidental to determining the feasibility
467or practicability of the undertaking, administrative expense,
468and such other expense as may be necessary or incidental to the
469financing authorized by this act. Non-ad valorem assessments
470shall be liens, coequal with the lien of all state, county,
471district, and municipal taxes, superior in dignity to all other
472liens, titles, and claims, until paid, shall bear interest at
473the rate prescribed by law for ad valorem taxes, and shall be
474levied and collected using the procedures provided in chapter
475197, Florida Statutes, as it may be amended from time to time,
476or 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
479is authorized to provide by resolution from time to time for the
480issuance of general obligation bonds, limited tax revenue bonds,
481revenue bonds, and non-ad valorem assessment bonds to pay all or
482part of the cost of acquisition, construction, reconstruction,
483rehabilitation, development, or improvement of any projects,
484facilities, or activities provided for in this act, or for the
485purpose of refunding any such bonds of the district which are
486then outstanding, including any redemption premium thereon and
487any interest accrued or to accrue to the date of redemption. The
488district board shall also have the authority to provide by
489resolution for the issuance of other obligations to pay all or
490part of the cost of maintenance, repair, management, or
491operation of district projects, facilities, or activities.
492However, the issuance of general obligation bonds shall have
493been approved at an election of the qualified electors who
494reside in such district, such election to be called, noticed,
495and conducted as provided by law. The bonds of each issue shall
496be dated, shall bear interest at such rate or rates as shall not
497exceed the maximum bond interest rate provided by general law,
498shall mature at such time or times not exceeding 40 years from
499the date or dates of the bonds as may be determined by the
500board, and may be redeemable before maturity, at the option of
501the board, under such terms and conditions and at such prices as
502may be fixed by the board prior to the issuance of such bonds.
503The board shall determine the form of such bonds, including any
504interest coupons to be attached thereto, and shall fix the
505denomination or denominations of such bonds and the place or
506places of payment of principal and interest, which may be at any
507bank or trust company within or without the state. Such
508authorizing resolution may further provide that such bonds may
509be executed manually or by the engraved, lithographed, or
510facsimile signature of the chair of the board. The seal of the
511district may be affixed or lithographed, engraved, or otherwise
512reproduced in facsimile on such bonds and shall be attested by
513the manual or facsimile signature of the secretary or treasurer
514of the district; provided, however, that the signature of at
515least one of the officials executing such bonds, including the
516registrar authenticating such bonds, shall be a manual
517signature. In case any officer who executes such bonds shall
518cease to be such officer before the delivery of such bonds, such
519officer's manual signature or facsimile signature shall
520nevertheless be valid and sufficient for all purposes the same
521as if he or she had remained in office until such delivery. Such
522bonds may be issued in coupon or registered form as the board
523may determine in such authorizing resolution and provision may
524be made for the registration of any coupon bonds as to principal
525alone and also as to principal and interest, and for the
526reconversion of coupon bonds or of any bond registered as to
527principal and interest. The board may sell such bonds either at
528public or private sale and for such price as it may determine to
529be for the best interests of the district, but no such sale may
530be made at a price that requires the payment of interest in
531excess of the maximum bond interest rate provided by general
532law.
533     (2)  The proceeds of the sale of any general obligation
534bonds, limited tax bonds, revenue bonds, and non-ad valorem
535assessment bonds shall be used solely for the payment of the
536costs, including engineering, financial, and legal expenses, of
537the acquisition, construction, reconstruction, rehabilitation,
538development, maintenance, or improvement of such facilities or
539the refunding of bonds outstanding, and proceeds from the
540issuance of other obligations of the district may additionally
541be used to pay the costs of repair, management, maintenance, or
542operation of district facilities. The proceeds of bonds issued
543under the authority of this section shall be disbursed in such
544manner and under such restrictions as the board may provide in
545the authorizing resolution. Prior to the preparation or issuance
546of definitive bonds, the board may, under like restrictions,
547issue interim receipts or temporary notes or other forms or such
548temporary obligations, with or without coupons, exchangeable for
549definitive bonds when such bonds have been executed and are
550available for delivery. The board may also provide for the
551replacement of any bonds which have become mutilated, destroyed,
552or lost upon proper indemnification.
553     (3)  The board may provide that the bonds issued hereunder
554shall be payable from and secured by a pledge of any one or more
555of the following sources:
556     (a)  Revenues of any one or more district facilities now
557owned or hereafter acquired or constructed by the district.
558     (b)  Proceeds from the sale or lease of all or any part of
559any district facilities now or hereafter owned by the district,
560as such facilities may be extended, enlarged, or improved.
561     (c)  Any money received by the district from the United
562States or any agency or instrumentality thereof or from any
563other governmental agency or person in connection with any
564district facilities or in repayment of any advances made by the
565district for all or any part of the cost of any district
566facilities.
567     (d)  The full faith, credit, and taxing power of the
568district, or limited ad valorem taxes levied by the district,
569and such bonds may be additionally secured by a pledge of
570revenues, sale or lease proceeds, or money received by the
571district from the United States or any agency or instrumentality
572thereof or other governmental agency or person as herein
573authorized. The board may provide that such bonds shall be
574payable as to principal and interest in the first instance from
575such revenues, sale, or lease proceeds or money received by the
576district from the United States or any agency or instrumentality
577thereof or any other person.
578     (e)  The proceeds of any sale or lease of district
579facilities or property, after paying all costs in connection
580therewith.
581     (f)  The proceeds of any non-ad valorem assessments levied
582pursuant to this act.
583     Section 11.  Bond trust agreement.--In the discretion of
584the board, any bonds issued under the provisions of this act may
585be secured by a trust agreement by and between the district and
586a corporate trustee, which may be any trust company or bank
587having the powers of a trust company within or without the
588state. Such trust agreement or the resolution providing for the
589issuance of such bonds may contain such provisions for
590protecting and enforcing the rights and remedies of the
591bondholders as may be reasonable and proper and not in violation
592of law, including covenants setting forth the duties of the
593district in relation to the acquisition, construction,
594reconstruction, improvement, maintenance, repair, lease,
595operation, and insurance of any district projects, facilities,
596or activities in connection with which such bonds shall have
597been authorized, the custody, safeguarding, or application of
598all moneys, and conditions or limitations with respect to the
599issuance of additional bonds. It shall be lawful for any bank or
600trust company incorporated under the laws of Florida, which may
601act as depositary of the proceeds of bonds or of revenues, or
602other funds, to furnish such indemnifying bonds or to pledge
603such securities as may be required by the board. Any such trust
604agreement or resolution may set forth the rights and remedies of
605the bondholders and of the trustee under any such trust
606agreement, and may restrict the individual right of action by
607bondholders. In addition to the foregoing, any such trust
608agreement or resolution may contain such other provisions as the
609board may deem reasonable and proper for the security of the
610bondholders. All expenses incurred in carrying out the
611provisions of such trust agreement or resolution shall be
612treated as a part of the costs of the operation of the district
613facilities.
614     Section 12.  Notice of bonds issuance.--Prior to the
615issuance of any bonds, the district board may, in its
616discretion, publish a notice at least once in a newspaper
617published in the County of St. Lucie and circulating in the
618district stating the date of adoption of the resolution
619authorizing such bonds and the amount, maximum rate of interest,
620and maturity of such bonds and the purposes in general terms for
621which such bonds are to be issued, and further stating that any
622action or proceeding questioning the validity of such bonds, or
623of the proceedings authorizing the issuance thereof, or of any
624covenants made therein, must be instituted within 20 days after
625the first publication of such notice or the validity of such
626bonds or of such proceedings or covenants shall not be
627thereafter questioned in any court whatsoever. If no such action
628or proceeding is so instituted within such 20-day period, then
629the validity of such bonds and such proceedings and covenants
630shall be conclusive, and all persons or parties whosoever shall
631be forever barred from questioning the validity of such bonds or
632such proceedings or covenants in any court whatsoever.
633     Section 13.  Bond covenants.--All bonds issued hereunder
634shall be and constitute and have all the qualities and incidents
635of negotiable instruments under the law merchant and the
636negotiable instruments law of Florida, and shall not be invalid
637for any irregularity or defect in the proceedings for the
638issuance and sale thereof and shall be incontestable in the
639hands of bona fide purchasers for value. No proceedings in
640respect to the issuance of such bonds shall be necessary except
641such as are required by this act. The provisions of this act
642shall constitute an irrevocable contract between said district
643and the holders of such bonds or coupons thereof issued pursuant
644to the provisions hereof. Any holder of such bonds may either at
645law or in equity, by suit, action, or mandamus, force and compel
646the performance of the duties required by this act or of any of
647the officers or persons herein mentioned in relation to said
648bonds, or the levy, assessment, collection, and enforcement and
649application of the taxes pledged for the payment of the
650principal and interest thereof.
651     Section 14.  Public purpose declaration.--The exercise of
652the powers conferred by this act constitutes the performance of
653essential public functions and any erosion prevention facilities
654acquired, constructed, reconstructed, or improved under the
655provisions of this act constitute public property used for
656public purposes.
657     Section 15.  Bonds as legal investments.--All bonds issued
658pursuant to this act shall be and constitute legal investments
659for state, county, municipal, and all other public funds and for
660banks, savings banks, insurance companies, executors,
661administrators, trustees, and all other fiduciaries; and shall
662also be and constitute securities eligible as collateral
663security for all state, county, municipal, or other public
664funds.
665     Section 16.  Bonds as payments.--The district shall have
666the power to enter into agreements for the delivery of any bonds
667at one time or from time to time as full or partial payment for
668the services of any engineer or work done by any contractor who
669may have been retained or hired or been awarded a contract for
670the construction of all or any part of such erosion prevention
671facilities. However, such bonds so delivered for payment of such
672services or work performed shall have been authorized and issued
673in the manner provided in this act and shall otherwise conform
674to the provisions hereof.
675     Section 17.  District authority to purchase or
676procure.--Insofar as the exercise of any power or authority
677Insofar as the exercise of any power or authority granted by
678this act shall involve the purchase or procurement of
679commodities or services, the board shall exercise such power in
680accordance with the purchasing and procurement rules,
681regulations, ordinances, practices, and procedures of St. Lucie
682County as the same may exist from time to time. The district
683shall requisition such commodities and services through such
684purchasing agents as the county may from time to time appoint,
685and such requisitions or contract may be issued or entered into
686in the name of St. Lucie County. The costs of such purchases,
687procurements, and contract of the district shall be paid with
688funds of the district.
689     Section 18.  Maintenance tax.--
690     (1)  In addition to the ad valorem taxes authorized to be
691levied to pay the principal of and interest on bonds issued
692hereunder, the district is authorized to levy a special ad
693valorem maintenance tax of a sufficient number of mills upon the
694dollar of assessed valuation of taxable property in the district
695to pay for the maintenance and operation of such erosion
696prevention facilities and other corporate purposes of the
697district. However, such special maintenance tax shall in no
698event exceed one mill in any one year for Zone A, eight-tenths
699of a mill in any one year for Zone B, six-tenths of a mill in
700any one year for Zone C, four-tenths of a mill in any one year
701for Zone D, and two mills in any one year for Zone E. Such
702special maintenance tax shall be levied and collected in the
703manner provided herein for ad valorem taxes levied and collected
704for debt service on bonds issued pursuant to this act and in
705accordance with the provisions of section 8.
706     (2)  Upon the effective date of this act, the district
707board shall be authorized to levy an ad valorem maintenance tax
708within new, amended, or consolidated zones established pursuant
709to subsection (4) of section 8. Such ad valorem maintenance tax
710millage rate within such zones shall be a rate determined by the
711board to provide each zones' proportionate share of maintenance
712tax revenue. Such proportionate share shall be the percentage
713benefit accruing to lands within such zones as determined
714pursuant to subsection (4) of section 8. Such taxes shall be
715levied and collected in the manner provided within section 8.
716     Section 19.  District contracts.--Any contract entered into
717by the district shall be deemed to have been made for the
718benefit of any holders of bonds issued pursuant to this act to
719the extent necessary, and the terms of any such contract shall
720be enforceable by such bondholders in any appropriate legal
721proceeding. Any such contract if made with another public body
722or municipality may be enforceable without the requirement of
723formal consideration.
724     Section 20.  Real property; personal property; advancement
725of funds.--The County of St. Lucie, any municipality, or any
726other political subdivision is authorized to sell, lease, grant,
727or convey any real or personal property to the district and any
728such sale, grant, lease, or conveyance may be made without
729formal consideration. The County of St. Lucie shall further have
730the power to advance any moneys available to the district to pay
731any of the preliminary expenses of the district, including
732engineering, legal, or financial services or any other purposes
733necessary in the planning and beginning of construction or
734erosion prevention facilities authorized by this act. However,
735all such moneys so advanced shall be repaid to the county from
736the proceeds of any bonds issued pursuant to this act, or from
737ad valorem or maintenance taxes levied in the district for
738operation and maintenance of erosion prevention facilities and
739other corporate purposes of the district.
740     Section 21.  Authority to delegate.--The district board
741shall have the power to establish and create such departments,
742boards, or other agencies as it shall deem necessary or
743desirable in the performance of any acts or other things
744necessary in the exercise of the powers provided in this act,
745and may delegate to such departments, boards, or other agencies
746such administrative duties and other powers as may be deemed
747necessary and desirable in the exercise of the powers provided
748in this act. However, the issuance of bonds, levy of taxes, and
749authorization of the acquisition, construction, reconstruction,
750or improvement of erosion prevention facilities shall be
751authorized by resolution or resolutions duly adopted by the
752district board.
753     Section 22.  Exemption from taxation.--All district
754property shall be exempt from levy and sale by virtue of an
755execution and no execution or other judicial process shall issue
756against such property, nor shall any judgment against the
757district be a charge or lien on its property or taxes or other
758revenue; provided, however, that nothing contained herein shall
759apply to or limit the rights of bondholders to pursue any remedy
760for the enforcement and collection of any taxes pledged for any
761bonds issued hereunder.
762     Section 23.  Covenant not to impair.--The state does hereby
763pledge to and covenant and agree with the holders of any bonds
764issued pursuant to this act that it will not limit or alter the
765rights hereby vested in said district to acquire, construct,
766reconstruct, improve, maintain, and operate said erosion
767prevention facilities and to levy and collect ad valorem taxes
768as provided herein, and to fulfill the terms of any agreement
769made with the holders of such bonds or other obligations, and
770will not in any way impair the rights or remedies of such
771holders, and will not modify in any way the exemptions from
772taxation provided for in this act, until all such bonds,
773together with interest thereon, and with interest on any unpaid
774installments of interest, and all costs and expenses in
775connection with any action or proceeding by or on behalf of such
776holders, are fully met and discharged.
777     Section 24.  Liberal construction.--The provisions of this
778act shall be liberally construed to effect its purposes and
779shall be deemed cumulative, supplemental, and alternative
780authority for the exercise of the powers provided herein.
781     Section 25.  Severability.--In case any one or more of the
782sections or provisions of this act, or the application of such
783sections or provisions to any situations, circumstances, or
784persons, shall for any reason be held to be unconstitutional or
785invalid, such unconstitutionality or invalidity shall not affect
786any other sections or provisions of this act or the application
787of such sections or provisions of this act or the application of
788such sections or provisions to any other situations,
789circumstances, or persons, and it is intended that this act
790shall be construed and applied as if such section or provision
791so held unconstitutional or invalid had not been included in
792this act.
793     Section 4.  Chapters 67-2001 and 97-354, Laws of Florida,
794are repealed.
795     Section 5.  This act shall take effect upon becoming a law.


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