| 1 | The Committee on Local Government & Veterans' Affairs recommends |
| 2 | the following: |
| 3 |
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| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to the Lake County Water Authority |
| 8 | district; amending, codifying, reenacting, and repealing |
| 9 | chapter 29222, Laws of Florida, 1953, as amended; |
| 10 | codifying special acts relating to the district in |
| 11 | conformity to s. 189.429, F.S.; providing district |
| 12 | boundaries; providing purposes; providing for a governing |
| 13 | body and prescribing its powers, duties, functions, |
| 14 | membership, and organization; providing duties of |
| 15 | constitutional officers in Lake County with respect to the |
| 16 | authority; repealing chapter 29222, Laws of Florida, 1953, |
| 17 | and chapters 57-1484, 59-1466, 63-1507, 65-1787, 69-1209, |
| 18 | 2000-492, 2003-376, Laws of Florida, relating to the |
| 19 | district; providing an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Pursuant to section 189.429, Florida Statutes, |
| 24 | this act constitutes the codification of all special acts |
| 25 | relating to the Lake County Water Authority district. It is the |
| 26 | intent of the Legislature in enacting this law to provide a |
| 27 | single act for the district. It is further the intent of the |
| 28 | Legislature to preserve all district authority, including the |
| 29 | authority to annually assess and levy taxes or assessments |
| 30 | against all assessable property in the district. |
| 31 | Section 2. Chapter 29222, Laws of Florida, 1953, and |
| 32 | chapters 57-1484, 59-1466, 63-1507, 65-1787, 69-1209, 2000-492, |
| 33 | and 2003-376, Laws of Florida, relating to the Lake County Water |
| 34 | Authority, are codified, amended, enacted, and repealed as |
| 35 | provided in this act. |
| 36 | Section 3. The charter for the Lake County Water Authority |
| 37 | district is re-created and reenacted to read: |
| 38 | Section 1. Purpose.--For the purposes of controlling and |
| 39 | conserving the freshwater resources of Lake County; fostering |
| 40 | and improving the tourist business in the county by improvements |
| 41 | to the streams, lakes, and canals in the county; providing |
| 42 | recreational facilities for the tourists and citizens and |
| 43 | taxpayers of the county by a more efficient use of the streams, |
| 44 | lakes, and canals in the county; preserving, protecting, and |
| 45 | improving the fish and wildlife of the county; and protecting |
| 46 | the freshwater resources of Lake County through assisting local |
| 47 | governments in treatment of stormwater runoff, there is created |
| 48 | and incorporated a special taxing district extending |
| 49 | territorially throughout the present limits of Lake County, |
| 50 | Florida. The district shall be known and designated as "The Lake |
| 51 | County Water Authority," but shall hereafter in this act, for |
| 52 | convenience, be referred to as "the authority." |
| 53 | Section 2. Territorial limits.--The territorial limits of |
| 54 | the authority shall be coterminous with the boundaries of Lake |
| 55 | County. |
| 56 | Section 3. County purpose.--Each of the purposes for which |
| 57 | the authority is created is declared to be a county purpose, for |
| 58 | the accomplishment of which taxes upon all real and personal |
| 59 | property within the territorial limits of the authority are by |
| 60 | this act authorized to be levied, assessed, and collected. |
| 61 | Section 4. Governing board; elections; surety.--A |
| 62 | governing body for the authority is created, consisting of seven |
| 63 | members who are residents of Lake County, which body shall be |
| 64 | known and designated as the "Board of Trustees of the Lake |
| 65 | County Water Authority," but which shall be referred to as "the |
| 66 | board." Five of the members must each reside in a geographic |
| 67 | area identical to a county commission district, to be elected by |
| 68 | the electors of the county at large. Two of the members will be |
| 69 | elected by the electors of the county at large without regard to |
| 70 | their residence. On the second Tuesday following the general |
| 71 | election in 2000, the term of office of each person serving on |
| 72 | the board immediately before that date expires, and the members |
| 73 | of the board shall be elected by the electors of Lake County in |
| 74 | partisan elections conducted by the supervisor of elections |
| 75 | pursuant to section 189.405, Florida Statutes, in accordance |
| 76 | with the Florida Election Code, chapters 97 through 106, Florida |
| 77 | Statutes, beginning with the general election in 2000, for terms |
| 78 | of 4 years beginning on the second Tuesday following the general |
| 79 | election. For purposes of staggering terms, the members elected |
| 80 | in 2000 from odd-numbered areas and the at-large member |
| 81 | receiving the higher number of votes shall be elected to 4-year |
| 82 | terms and the members elected from even-numbered areas and the |
| 83 | at-large member receiving the lower number of votes shall be |
| 84 | elected to 2-year terms. Thereafter, each member shall be |
| 85 | elected for a term of 4 years, except that a person may not be |
| 86 | elected to more than two consecutive 4-year terms. At the first |
| 87 | meeting in December of each year or, during a year in which |
| 88 | there is a general election, at a meeting held no later than 30 |
| 89 | days after the general election if the meeting and the election |
| 90 | of officers have been advertised properly, the board shall |
| 91 | select one of their number as chair and one as vice chair of the |
| 92 | board. The Clerk of the Circuit Court of Lake County shall act |
| 93 | as secretary and treasurer of the board without any additional |
| 94 | compensation. In the event the provision pertaining to the |
| 95 | duties of the clerk of the circuit court is for any reason held |
| 96 | to be invalid, the board may select one of its members to serve |
| 97 | as its secretary and treasurer, or it may appoint a nonmember of |
| 98 | the board as its secretary and treasurer and such nonmember |
| 99 | shall receive compensation commensurate with the |
| 100 | responsibilities as determined by the board. The board shall |
| 101 | select a nonmember to serve as executive director of the |
| 102 | authority, and such nonmember shall receive compensation |
| 103 | commensurate with the responsibilities as determined by the |
| 104 | board. The board shall require a surety bond of any person, |
| 105 | including the clerk of the circuit court, who shall act as |
| 106 | secretary and treasurer of the board. The amount of the surety |
| 107 | bond will be determined by the board. This bond shall be in |
| 108 | addition to any bond furnished by such person as clerk of the |
| 109 | circuit court or as a member of the board. The premium of the |
| 110 | bond shall be paid by the board as a necessary expense of |
| 111 | operation. |
| 112 | Section 5. Surety bond.--Each member of the board, before |
| 113 | assuming his or her duties, shall give a good and sufficient |
| 114 | surety bond in the sum of $2,500 payable to the Governor of the |
| 115 | State of Florida and his or her successors in office, |
| 116 | conditioned upon the faithful performance of his or her duties |
| 117 | as a member of the board. Such bond must be approved by and |
| 118 | filed with the Chief Financial Officer of the State of Florida, |
| 119 | and the premium or premiums for such bond shall be paid by the |
| 120 | board as a necessary expense. |
| 121 | Section 6. Quorum; majority vote; entitlement to |
| 122 | vote.--Four members of the board shall constitute a quorum for |
| 123 | Four members of the board shall constitute a quorum for the |
| 124 | transaction of business. A majority vote of all members present |
| 125 | shall be necessary in order to authorize any action by the |
| 126 | board. The chair shall be entitled to vote on all questions. |
| 127 | Section 7. Board compensation.--Each member of the board |
| 128 | shall receive $25 per day as compensation for his or her |
| 129 | services when performing his or her duties. |
| 130 | Section 8. Expenses.--Each member of the board and its |
| 131 | engineers, auditors, attorneys, agents, and employees shall be |
| 132 | paid their actual expenses incurred when engaged on business of |
| 133 | the authority, but such expenses shall not be paid unless |
| 134 | payment has been authorized and approved. The board may |
| 135 | authorize and approve the payment of any expense, or it may |
| 136 | delegate to the executive director the power to authorize such |
| 137 | payment as long as, at the time it makes the delegation, it |
| 138 | approves parameters, including, but not limited to, parameters |
| 139 | on the amount that may be expended, within which the executive |
| 140 | director may exercise that power. A separate delegation must be |
| 141 | made with respect to any expenditure or class of expenditures. |
| 142 | Section 9. Powers of board.-- |
| 143 | (a) The board has all the powers of a body corporate, |
| 144 | including, but not limited to, the power to sue and be sued; to |
| 145 | make contracts; to adopt and use a common seal and to alter the |
| 146 | same as deemed expedient; to buy, acquire by condemnation or |
| 147 | eminent domain in the manner prescribed for use by counties in |
| 148 | Florida, sell, own, use, control, operate, improve, and lease |
| 149 | all land and personal property as the board deems necessary or |
| 150 | proper in carrying out the provisions of this act; to appoint |
| 151 | and employ, and dismiss at pleasure, such engineers, auditors, |
| 152 | attorneys, and other employees and agents as the board may |
| 153 | require, and to fix and pay the compensation thereof; to |
| 154 | establish an office for the transaction of its business in the |
| 155 | City of Tavares or any other municipality in Lake County and to |
| 156 | pay all necessary costs and expenses incident to the |
| 157 | administration and operation thereof; and to pay all other costs |
| 158 | and expenses reasonably necessary or expedient in carrying out |
| 159 | and accomplishing the purposes of this act. |
| 160 | (b) The authority may acquire by purchase, gift, lease, |
| 161 | condemnation, eminent domain, or any other manner such lands |
| 162 | within the territorial extent of the authority as are reasonably |
| 163 | necessary for constructing and maintaining the works and making |
| 164 | the improvements required to carry out the intent of this act, |
| 165 | including, without limitation, the right to acquire by |
| 166 | condemnation or eminent domain such lands and any interest |
| 167 | therein reasonably necessary for any such purpose which may |
| 168 | already be devoted to public use for county, municipal, |
| 169 | district, railroad, or public utility purposes where and to the |
| 170 | extent that the same may cross, intersect, or be situate upon or |
| 171 | within the area of such land hereinbefore referred to. The |
| 172 | authority shall also have the right to acquire by purchase, |
| 173 | gift, lease, condemnation, or eminent domain, or in any other |
| 174 | manner, land, timber, earth, rock, and other materials or |
| 175 | property, and property rights, including riparian rights, in |
| 176 | such amounts as are reasonably necessary or useful in the |
| 177 | development of the works or improvements before referred to. |
| 178 | Condemnation or eminent domain proceedings shall be maintained |
| 179 | by and in the name of the authority, and the procedure shall be, |
| 180 | except insofar as is altered hereby, that prescribed for use by |
| 181 | counties in Florida. |
| 182 | (c) The authority may take, exclusively occupy, use, and |
| 183 | possess, insofar as is necessary for carrying out the provisions |
| 184 | of this act, any areas of land owned by the state and within the |
| 185 | territorial jurisdiction of the authority, not in use for state |
| 186 | purposes, including, without limitation, swamps and overflowed |
| 187 | lands, bottoms of streams, lakes, and rivers, and the riparian |
| 188 | rights thereto pertaining, and, when so taken and occupied, due |
| 189 | notice of such taking and occupancy having been filed with the |
| 190 | Trustees of the Internal Improvement Trust Fund of the state by |
| 191 | the authority, such areas of land are granted to and shall be |
| 192 | the property of the authority. For the purposes of this section, |
| 193 | the meaning of the term "use" shall include the removal of |
| 194 | material from and the placing of material on any such land. In |
| 195 | case it is held by any court of competent jurisdiction that |
| 196 | there are any lands owned by the state which may not be so |
| 197 | granted, the provisions of this section shall continue in full |
| 198 | force and effect as to all other lands owned by the state and |
| 199 | granted to the authority under this section. The provisions of |
| 200 | this section are subject to all laws and regulations of the |
| 201 | United States of America with respect to navigable waters. |
| 202 | (d) In addition to all other powers conferred upon by the |
| 203 | board by this act, the board may enlarge, change, modify, or |
| 204 | improve any stream, lake, or canal within the territorial limits |
| 205 | of the authority and may clean out, straighten, enlarge, or |
| 206 | change the course of any waterway or canal, natural or |
| 207 | artificial, within the territorial limits of the authority; may |
| 208 | provide such canals, locks, levees, dikes, dams, sluiceways, |
| 209 | reservoirs, holding basins, floodways, pumping stations, |
| 210 | buildings, bridges, highways, and other works and facilities |
| 211 | that the board deems necessary; may cross any highway or railway |
| 212 | with works of the district and hold, control, and acquire by |
| 213 | donation, lease, purchase, or otherwise any land or personal |
| 214 | property needed for carrying out the purpose of this act and may |
| 215 | remove any building or other obstruction necessary for the |
| 216 | construction, maintenance, and operation of such works. The |
| 217 | improvements made or to be made under this act are sometimes |
| 218 | referred to in this act as "the works" of the board. The board |
| 219 | shall also have power to operate any and all works and |
| 220 | improvements of the authority. The provisions of this section |
| 221 | are subject to all laws and regulations of the United States of |
| 222 | America with respect to navigable waters. |
| 223 | (e) The board may take possession of and control, use, |
| 224 | operate, and maintain all streams, lakes, canals, dams, locks, |
| 225 | levees, dikes, sluiceways, reservoirs, holding basins, |
| 226 | floodways, pumping stations, buildings, bridges, highways, |
| 227 | navigation, and conservation works, and other works and |
| 228 | facilities within the territorial limits of the authority to the |
| 229 | extent only that such possession, control, and use have been |
| 230 | deemed by the board, in its sole discretion, to be useful and |
| 231 | necessary in carrying out the purposes of this act. Such |
| 232 | possession, control, and use are subject to the rights of |
| 233 | persons, firms, and corporations and the rights of Lake County |
| 234 | and municipalities, districts, and political bodies in Lake |
| 235 | County (which rights may be acquired by the authority by |
| 236 | condemnation or eminent domain as provided for by this act). |
| 237 | (f) The authority shall control all streams, including |
| 238 | slow-moving streams, flowing from any of the water reservoirs in |
| 239 | Lake County, whether natural or constructed, into the system of |
| 240 | lakes and streams in or adjacent to Lake County for the |
| 241 | protection of the natural water reservoirs and the adjacent and |
| 242 | neighboring areas. |
| 243 | (g) The board may grant licenses or permits for the |
| 244 | construction and excavation of canals and ditches connecting |
| 245 | with navigable waters; may establish, adopt, and administer |
| 246 | rules governing the construction and excavation of canals and |
| 247 | ditches with authority to prohibit any construction deemed by |
| 248 | the board to be detrimental to the best interests of the public |
| 249 | or purposes for which the authority was established; may do any |
| 250 | and all things hereinafter authorized or required to be done; |
| 251 | and may do any and all things, whether or not included in the |
| 252 | powers enumerated in this act, necessary to accomplish the |
| 253 | purposes of this act. |
| 254 | (h) The board may enter into any agreement or contract |
| 255 | with the Federal Government or the state, or any agency, |
| 256 | political subdivision, or instrumentality of either; and |
| 257 | counties adjoining Lake County; and municipalities and taxing |
| 258 | districts in Lake County and in counties adjoining Lake County |
| 259 | for the purpose of carrying out, or which in the judgment of the |
| 260 | board may assist it in carrying out, the purposes of this act. |
| 261 | Section 10. Receipt or use of property.--Lake County and |
| 262 | all municipalities, districts, political bodies, and political |
| 263 | subdivisions of the state in Lake County are severally |
| 264 | authorized to grant, convey, or transfer to, and permit the use |
| 265 | of by, the authority upon such terms and conditions as are |
| 266 | agreeable to the governing bodies thereof real and personal |
| 267 | property belonging to them which is necessary or useful to the |
| 268 | authority in carrying out the purposes of this act. |
| 269 | Section 11. Authority funds; warrants.--All authority |
| 270 | funds shall be deposited in a bank or banks or federal or state |
| 271 | savings and loan association to be designated by the board, but |
| 272 | before any authority moneys are deposited in such depositary or |
| 273 | depositaries, security shall be furnished the authority ample to |
| 274 | protect such deposits to the full extent and amount that such |
| 275 | deposits are not otherwise protected or insured by the Federal |
| 276 | Deposit Insurance Corporation or the Federal Savings and Loan |
| 277 | Insurance Corporation. Funds of the authority shall be paid out |
| 278 | only upon warrant signed by the treasurer of the authority and |
| 279 | countersigned by the chair or vice chair. No warrants shall be |
| 280 | drawn or issued disbursing any of the funds of the authority |
| 281 | except for a purpose authorized by this act and only when the |
| 282 | account or expenditure for which the same is to be given in |
| 283 | payment has been audited and approved by the board. |
| 284 | Section 12. Budget; millage levied; procedure.--The board |
| 285 | shall determine, annually on or before October 1, by resolution |
| 286 | the amount of money that will be required to carry out the |
| 287 | purposes of this act for the next ensuing fiscal year (which |
| 288 | fiscal year shall be the same as that of Lake County) and the |
| 289 | millage that will be required to be levied to produce the amount |
| 290 | of money set forth in the resolution; however, the determination |
| 291 | of the amount of money to be raised and the millage to be levied |
| 292 | may be delayed until the board receives the necessary |
| 293 | information. Immediately upon the adoption of the resolution a |
| 294 | certified copy thereof shall be furnished to the Board of County |
| 295 | Commissioners of Lake County, and the Board of County |
| 296 | Commissioners of Lake County shall, for the year named in the |
| 297 | certified copy of the resolution, levy, assess, collect, and |
| 298 | enforce taxes upon all taxable real and personal property within |
| 299 | the authority. The procedure to be followed to accomplish the |
| 300 | purpose of this section shall be as follows: |
| 301 | (a) Assessment of property shall be as provided by general |
| 302 | law. |
| 303 | (b) The board shall by resolution determine the total |
| 304 | amount to be raised by taxation in such year upon the taxable |
| 305 | property within the authority and shall, in and by such |
| 306 | resolution, fix and determine the millage on each dollar |
| 307 | valuation of property on the assessment rolls, which, when |
| 308 | levied, will raise the amount so determined as the total amount |
| 309 | to be raised by taxation in that year, and in and by such |
| 310 | resolution the board shall direct the Board of County |
| 311 | Commissioners to levy, assess, and fix such millage as the rate |
| 312 | of taxation upon all the taxable real and personal property |
| 313 | within the authority. |
| 314 | (c) A certified copy of such tax resolution executed in |
| 315 | the name of the authority by its chair or vice chair and |
| 316 | attested by its secretary, under its corporate seal, shall |
| 317 | immediately be delivered to the Board of County Commissioners of |
| 318 | Lake County. |
| 319 | (d) It shall be the duty of the Board of County |
| 320 | Commissioners, each year: (1) to levy, assess, and fix the |
| 321 | millage and the rate of taxation upon all the taxable real and |
| 322 | personal property within the authority as set forth in the |
| 323 | certified copy of the resolution of the board, (2) to certify |
| 324 | the millage to the Department of Revenue of the State of |
| 325 | Florida, and (3) to order the property appraiser of the county |
| 326 | to levy and assess, and the county tax collector to collect, a |
| 327 | tax at the millage fixed by the Board of County Commissioners |
| 328 | upon all of the taxable real and personal property within the |
| 329 | authority for the year, and the levies and assessments shall be |
| 330 | included in the tax roll and warrant of the property appraiser |
| 331 | of the county for each fiscal year thereafter. The tax collector |
| 332 | of the county shall collect such taxes so levied by the Board of |
| 333 | County Commissioners for the authority in lawful money of the |
| 334 | United States of America in the same manner and at the same time |
| 335 | as county taxes are collected and shall pay and remit the same |
| 336 | upon collection to the board. |
| 337 | (e) The Property Appraiser, Tax Collector, and Board of |
| 338 | County Commissioners of Lake County and the Department of |
| 339 | Revenue shall, when requested by the board, prepare from their |
| 340 | official records and deliver to the board any and all |
| 341 | information that may be requested from time to time from them |
| 342 | regarding the tax valuations, levies, assessments, or |
| 343 | collections in such county. |
| 344 | Section 13. Collection of taxes; enforcement.--All taxes |
| 345 | levied and assessed by the Board of County Commissioners of Lake |
| 346 | County for the authority (beginning with the year 1953) shall be |
| 347 | collected and the enforcement thereof shall be at the same time |
| 348 | and in the same manner as other county taxes are collected and |
| 349 | enforced and when so collected shall be paid over to the board |
| 350 | for its use pursuant to this act. |
| 351 | Section 14. Borrowing of funds; bond issuance.-- |
| 352 | (a) The board may borrow money at such time or times as it |
| 353 | deems necessary to carry out the purposes of this act and to |
| 354 | execute and deliver its promissory note or notes therefor |
| 355 | bearing interest as fixed by the board; however, the board shall |
| 356 | not borrow any sum of money or give its promissory note therefor |
| 357 | for a period of time longer than 1 year, and the total amount of |
| 358 | money borrowed and outstanding may not exceed $35,000 at any one |
| 359 | time. |
| 360 | (b) The board may issue bonds payable solely from revenues |
| 361 | of the authority. The value of all such bonds outstanding at any |
| 362 | time may not exceed an amount equal to one-third of the |
| 363 | authority's anticipated revenues for the period for which the |
| 364 | bonds are outstanding. Revenue bonds may not be issued unless |
| 365 | their issuance has been approved by a majority of those electors |
| 366 | of the authority voting in a referendum in which the ballot |
| 367 | statement describes in detail the purpose for which the bonds |
| 368 | will be issued. |
| 369 | Section 15. Financial statement.--At least once in each |
| 370 | year the board shall publish in some newspaper published in Lake |
| 371 | County a complete detailed statement of its financial condition, |
| 372 | including a list of all moneys received and disbursed by the |
| 373 | board during the preceding year. |
| 374 | Section 16. Exemption of authority property.--All real and |
| 375 | personal property owned, leased, controlled, or used by the |
| 376 | authority is exempt from all county, municipal, taxing district, |
| 377 | and other ad valorem taxes and special assessments for benefits. |
| 378 | Section 17. Construction.--It is the intention of the |
| 379 | Legislature that the provisions of this act be liberally |
| 380 | construed to accomplish its purposes. |
| 381 | Section 18. Plan; annual report.-- |
| 382 | (a) The authority shall prepare a plan that describes the |
| 383 | authority's goals for the ensuing 5 years. The plan must include |
| 384 | projects that will be undertaken within that period in |
| 385 | furtherance of its goals. The authority shall update the plan |
| 386 | periodically. |
| 387 | (b) The authority shall prepare a report annually which |
| 388 | includes an evaluation and assessment of the effectiveness of |
| 389 | the authority's activities in the preceding year. The report |
| 390 | must address both ongoing activities of the authority and the |
| 391 | progress in meeting goals and projects enumerated in the 5-year |
| 392 | plan. |
| 393 | Section 19. Charter amendment.--The district's charter may |
| 394 | be amended only by the Legislature. |
| 395 | Section 4. Chapter 29222, Laws of Florida, 1953, and |
| 396 | chapters 57-1484, 59-1466, 63-1507, 65-1787, 69-1209, 2000-492, |
| 397 | and 2003-376, Laws of Florida, are repealed. |
| 398 | Section 5. This act shall take effect upon becoming a law. |