HB 0883

1
A bill to be entitled
2An act relating to the Lake County Water Authority
3district; amending, codifying, reenacting, and repealing
4chapter 29222, Laws of Florida, 1953, as amended;
5codifying special acts relating to the district in
6conformity to s. 189.429, F.S.; providing district
7boundaries; providing purposes; providing for a governing
8body and prescribing its powers, duties, functions,
9membership, and organization; providing duties of
10constitutional officers in Lake County with respect to the
11authority; repealing chapter 29222, Laws of Florida, 1953,
12and chapters 57-1484, 59-1466, 63-1507, 65-1787, 69-1209,
132000-492, 2003-376, Laws of Florida, relating to the
14district; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Pursuant to section 189.429, Florida Statutes,
19this act constitutes the codification of all special acts
20relating to the Lake County Water Authority district. It is the
21intent of the Legislature in enacting this law to provide a
22single act for the district. It is further the intent of the
23Legislature to preserve all district authority, including the
24authority to annually assess and levy taxes or assessments
25against all assessable property in the district.
26     Section 2.  Chapter 29222, Laws of Florida, 1953, and
27chapters 57-1484, 59-1466, 63-1507, 65-1787, 69-1209, 2000-492,
28and 2003-376, Laws of Florida, relating to the Lake County Water
29Authority, are codified, amended, enacted, and repealed as
30provided in this act.
31     Section 3.  The charter for the Lake County Water Authority
32district is re-created and reenacted to read:
33     Section 1.  Purpose.--For the purposes of controlling and
34conserving the freshwater resources of Lake County; fostering
35and improving the tourist business in the county by improvements
36to the streams, lakes, and canals in the county; providing
37recreational facilities for the tourists and citizens and
38taxpayers of the county by a more efficient use of the streams,
39lakes, and canals in the county; preserving, protecting, and
40improving the fish and wildlife of the county; and protecting
41the freshwater resources of Lake County through assisting local
42governments in treatment of stormwater runoff, there is created
43and incorporated a special taxing district extending
44territorially throughout the present limits of Lake County,
45Florida. The district shall be known and designated as "The Lake
46County Water Authority," but shall hereafter in this act, for
47convenience, be referred to as "the authority."
48     Section 2.  Territorial limits.--The territorial limits of
49the authority shall be coterminous with the boundaries of Lake
50County.
51     Section 3.  County purpose.--Each of the purposes for which
52the authority is created is declared to be a county purpose, for
53the accomplishment of which taxes upon all real and personal
54property within the territorial limits of the authority are by
55this act authorized to be levied, assessed, and collected.
56     Section 4.  Governing board; elections; surety.--A
57governing body for the authority is created, consisting of seven
58members who are residents of Lake County, which body shall be
59known and designated as the "Board of Trustees of the Lake
60County Water Authority," but which shall be referred to as "the
61board." Five of the members must each reside in a geographic
62area identical to a county commission district, to be elected by
63the electors of the county at large. Two of the members will be
64elected by the electors of the county at large without regard to
65their residence. On the second Tuesday following the general
66election in 2000, the term of office of each person serving on
67the board immediately before that date expires, and the members
68of the board shall be elected by the electors of Lake County in
69partisan elections conducted by the supervisor of elections
70pursuant to section 189.405, Florida Statutes, in accordance
71with the Florida Election Code, chapters 97 through 106, Florida
72Statutes, beginning with the general election in 2000, for terms
73of 4 years beginning on the second Tuesday following the general
74election. For purposes of staggering terms, the members elected
75in 2000 from odd-numbered areas and the at-large member
76receiving the higher number of votes shall be elected to 4-year
77terms and the members elected from even-numbered areas and the
78at-large member receiving the lower number of votes shall be
79elected to 2-year terms. Thereafter, each member shall be
80elected for a term of 4 years, except that a person may not be
81elected to more than two consecutive 4-year terms. At the first
82meeting in December of each year or, during a year in which
83there is a general election, at a meeting held no later than 30
84days after the general election if the meeting and the election
85of officers have been advertised properly, the board shall
86select one of their number as chair and one as vice chair of the
87board. The Clerk of the Circuit Court of Lake County shall act
88as secretary and treasurer of the board without any additional
89compensation. In the event the provision pertaining to the
90duties of the clerk of the circuit court is for any reason held
91to be invalid, the board may select one of its members to serve
92as its secretary and treasurer, or it may appoint a nonmember of
93the board as its secretary and treasurer and such nonmember
94shall receive compensation commensurate with the
95responsibilities as determined by the board. The board shall
96select a nonmember to serve as executive director of the
97authority, and such nonmember shall receive compensation
98commensurate with the responsibilities as determined by the
99board. The board shall require a surety bond of any person,
100including the clerk of the circuit court, who shall act as
101secretary and treasurer of the board. The amount of the surety
102bond will be determined by the board. This bond shall be in
103addition to any bond furnished by such person as clerk of the
104circuit court or as a member of the board. The premium of the
105bond shall be paid by the board as a necessary expense of
106operation.
107     Section 5.  Surety bond.--Each member of the board, before
108assuming his or her duties, shall give a good and sufficient
109surety bond in the sum of $2,500 payable to the Governor of the
110State of Florida and his or her successors in office,
111conditioned upon the faithful performance of his or her duties
112as a member of the board. Such bond must be approved by and
113filed with the Chief Financial Officer of the State of Florida,
114and the premium or premiums for such bond shall be paid by the
115board as a necessary expense.
116     Section 6.  Quorum; majority vote; entitlement to
117vote.--Four members of the board shall constitute a quorum for
118Four members of the board shall constitute a quorum for the
119transaction of business. A majority vote of all members present
120shall be necessary in order to authorize any action by the
121board. The chair shall be entitled to vote on all questions.
122     Section 7.  Board compensation.--Each member of the board
123shall receive $25 per day as compensation for his or her
124services when performing his or her duties.
125     Section 8.  Expenses.--Each member of the board and its
126engineers, auditors, attorneys, agents, and employees shall be
127paid their actual expenses incurred when engaged on business of
128the authority, but such expenses shall not be paid unless
129payment has been authorized and approved. The board may
130authorize and approve the payment of any expense, or it may
131delegate to the executive director the power to authorize such
132payment as long as, at the time it makes the delegation, it
133approves parameters, including, but not limited to, parameters
134on the amount that may be expended, within which the executive
135director may exercise that power. A separate delegation must be
136made with respect to any expenditure or class of expenditures.
137     Section 9.  Powers of board.--
138     (a)  The board has all the powers of a body corporate,
139including, but not limited to, the power to sue and be sued; to
140make contracts; to adopt and use a common seal and to alter the
141same as deemed expedient; to buy, acquire by condemnation or
142eminent domain in the manner prescribed for use by counties in
143Florida, sell, own, use, control, operate, improve, and lease
144all land and personal property as the board deems necessary or
145proper in carrying out the provisions of this act; to appoint
146and employ, and dismiss at pleasure, such engineers, auditors,
147attorneys, and other employees and agents as the board may
148require, and to fix and pay the compensation thereof; to
149establish an office for the transaction of its business in the
150City of Tavares or any other municipality in Lake County and to
151pay all necessary costs and expenses incident to the
152administration and operation thereof; and to pay all other costs
153and expenses reasonably necessary or expedient in carrying out
154and accomplishing the purposes of this act.
155     (b)  The authority may acquire by purchase, gift, lease,
156condemnation, eminent domain, or any other manner such lands
157within the territorial extent of the authority as are reasonably
158necessary for constructing and maintaining the works and making
159the improvements required to carry out the intent of this act,
160including, without limitation, the right to acquire by
161condemnation or eminent domain such lands and any interest
162therein reasonably necessary for any such purpose which may
163already be devoted to public use for county, municipal,
164district, railroad, or public utility purposes where and to the
165extent that the same may cross, intersect, or be situate upon or
166within the area of such land hereinbefore referred to. The
167authority shall also have the right to acquire by purchase,
168gift, lease, condemnation, or eminent domain, or in any other
169manner, land, timber, earth, rock, and other materials or
170property, and property rights, including riparian rights, in
171such amounts as are reasonably necessary or useful in the
172development of the works or improvements before referred to.
173Condemnation or eminent domain proceedings shall be maintained
174by and in the name of the authority, and the procedure shall be,
175except insofar as is altered hereby, that prescribed for use by
176counties in Florida.
177     (c)  The authority may take, exclusively occupy, use, and
178possess, insofar as is necessary for carrying out the provisions
179of this act, any areas of land owned by the state and within the
180territorial jurisdiction of the authority, not in use for state
181purposes, including, without limitation, swamps and overflowed
182lands, bottoms of streams, lakes, and rivers, and the riparian
183rights thereto pertaining, and, when so taken and occupied, due
184notice of such taking and occupancy having been filed with the
185Trustees of the Internal Improvement Trust Fund of the state by
186the authority, such areas of land are granted to and shall be
187the property of the authority. For the purposes of this section,
188the meaning of the term "use" shall include the removal of
189material from and the placing of material on any such land. In
190case it is held by any court of competent jurisdiction that
191there are any lands owned by the state which may not be so
192granted, the provisions of this section shall continue in full
193force and effect as to all other lands owned by the state and
194granted to the authority under this section. The provisions of
195this section are subject to all laws and regulations of the
196United States of America with respect to navigable waters.
197     (d)  In addition to all other powers conferred upon by the
198board by this act, the board may enlarge, change, modify, or
199improve any stream, lake, or canal within the territorial limits
200of the authority and may clean out, straighten, enlarge, or
201change the course of any waterway or canal, natural or
202artificial, within the territorial limits of the authority; may
203provide such canals, locks, levees, dikes, dams, sluiceways,
204reservoirs, holding basins, floodways, pumping stations,
205buildings, bridges, highways, and other works and facilities
206that the board deems necessary; may cross any highway or railway
207with works of the district and hold, control, and acquire by
208donation, lease, purchase, or otherwise any land or personal
209property needed for carrying out the purpose of this act and may
210remove any building or other obstruction necessary for the
211construction, maintenance, and operation of such works. The
212improvements made or to be made under this act are sometimes
213referred to in this act as "the works" of the board. The board
214shall also have power to operate any and all works and
215improvements of the authority. The provisions of this section
216are subject to all laws and regulations of the United States of
217America with respect to navigable waters.
218     (e)  The board may take possession of and control, use,
219operate, and maintain all streams, lakes, canals, dams, locks,
220levees, dikes, sluiceways, reservoirs, holding basins,
221floodways, pumping stations, buildings, bridges, highways,
222navigation, and conservation works, and other works and
223facilities within the territorial limits of the authority to the
224extent only that such possession, control, and use have been
225deemed by the board, in its sole discretion, to be useful and
226necessary in carrying out the purposes of this act. Such
227possession, control, and use are subject to the rights of
228persons, firms, and corporations and the rights of Lake County
229and municipalities, districts, and political bodies in Lake
230County (which rights may be acquired by the authority by
231condemnation or eminent domain as provided for by this act).
232     (f)  The authority shall control all streams, including
233slow-moving streams, flowing from any of the water reservoirs in
234Lake County, whether natural or constructed, into the system of
235lakes and streams in or adjacent to Lake County for the
236protection of the natural water reservoirs and the adjacent and
237neighboring areas.
238     (g)  The board may grant licenses or permits for the
239construction and excavation of canals and ditches connecting
240with navigable waters; may establish, adopt, and administer
241rules governing the construction and excavation of canals and
242ditches with authority to prohibit any construction deemed by
243the board to be detrimental to the best interests of the public
244or purposes for which the authority was established; may do any
245and all things hereinafter authorized or required to be done;
246and may do any and all things, whether or not included in the
247powers enumerated in this act, necessary to accomplish the
248purposes of this act.
249     (h)  The board may enter into any agreement or contract
250with the Federal Government or the state, or any agency,
251political subdivision, or instrumentality of either; and
252counties adjoining Lake County; and municipalities and taxing
253districts in Lake County and in counties adjoining Lake County
254for the purpose of carrying out, or which in the judgment of the
255board may assist it in carrying out, the purposes of this act.
256     Section 10.  Receipt or use of property.--Lake County and
257all municipalities, districts, political bodies, and political
258subdivisions of the state in Lake County are severally
259authorized to grant, convey, or transfer to, and permit the use
260of by, the authority upon such terms and conditions as are
261agreeable to the governing bodies thereof real and personal
262property belonging to them which is necessary or useful to the
263authority in carrying out the purposes of this act.
264     Section 11.  Authority funds; warrants.--All authority
265funds shall be deposited in a bank or banks or federal or state
266savings and loan association to be designated by the board, but
267before any authority moneys are deposited in such depositary or
268depositaries, security shall be furnished the authority ample to
269protect such deposits to the full extent and amount that such
270deposits are not otherwise protected or insured by the Federal
271Deposit Insurance Corporation or the Federal Savings and Loan
272Insurance Corporation. Funds of the authority shall be paid out
273only upon warrant signed by the treasurer of the authority and
274countersigned by the chair or vice chair. No warrants shall be
275drawn or issued disbursing any of the funds of the authority
276except for a purpose authorized by this act and only when the
277account or expenditure for which the same is to be given in
278payment has been audited and approved by the board.
279     Section 12.  Budget; millage levied; procedure.--The board
280shall determine, annually on or before October 1, by resolution
281the amount of money that will be required to carry out the
282purposes of this act for the next ensuing fiscal year (which
283fiscal year shall be the same as that of Lake County) and the
284millage that will be required to be levied to produce the amount
285of money set forth in the resolution; however, the determination
286of the amount of money to be raised and the millage to be levied
287may be delayed until the board receives the necessary
288information. Immediately upon the adoption of the resolution a
289certified copy thereof shall be furnished to the Board of County
290Commissioners of Lake County, and the Board of County
291Commissioners of Lake County shall, for the year named in the
292certified copy of the resolution, levy, assess, collect, and
293enforce taxes upon all taxable real and personal property within
294the authority. The procedure to be followed to accomplish the
295purpose of this section shall be as follows:
296     (a)  Assessment of property shall be as provided by general
297law.
298     (b)  The board shall by resolution determine the total
299amount to be raised by taxation in such year upon the taxable
300property within the authority and shall, in and by such
301resolution, fix and determine the millage on each dollar
302valuation of property on the assessment rolls, which, when
303levied, will raise the amount so determined as the total amount
304to be raised by taxation in that year, and in and by such
305resolution the board shall direct the Board of County
306Commissioners to levy, assess, and fix such millage as the rate
307of taxation upon all the taxable real and personal property
308within the authority.
309     (c)  A certified copy of such tax resolution executed in
310the name of the authority by its chair or vice chair and
311attested by its secretary, under its corporate seal, shall
312immediately be delivered to the Board of County Commissioners of
313Lake County.
314     (d)  It shall be the duty of the Board of County
315Commissioners, each year: (1) to levy, assess, and fix the
316millage and the rate of taxation upon all the taxable real and
317personal property within the authority as set forth in the
318certified copy of the resolution of the board, (2) to certify
319the millage to the Department of Revenue of the State of
320Florida, and (3) to order the property appraiser of the county
321to levy and assess, and the county tax collector to collect, a
322tax at the millage fixed by the Board of County Commissioners
323upon all of the taxable real and personal property within the
324authority for the year, and the levies and assessments shall be
325included in the tax roll and warrant of the property appraiser
326of the county for each fiscal year thereafter. The tax collector
327of the county shall collect such taxes so levied by the Board of
328County Commissioners for the authority in lawful money of the
329United States of America in the same manner and at the same time
330as county taxes are collected and shall pay and remit the same
331upon collection to the board.
332     (e)  The Property Appraiser, Tax Collector, and Board of
333County Commissioners of Lake County and the Department of
334Revenue shall, when requested by the board, prepare from their
335official records and deliver to the board any and all
336information that may be requested from time to time from them
337regarding the tax valuations, levies, assessments, or
338collections in such county.
339     Section 13.  Collection of taxes; enforcement.--All taxes
340levied and assessed by the Board of County Commissioners of Lake
341County for the authority (beginning with the year 1953) shall be
342collected and the enforcement thereof shall be at the same time
343and in the same manner as other county taxes are collected and
344enforced and when so collected shall be paid over to the board
345for its use pursuant to this act.
346     Section 14.  Borrowing of funds; bond issuance.--
347     (a)  The board may borrow money at such time or times as it
348deems necessary to carry out the purposes of this act and to
349execute and deliver its promissory note or notes therefor
350bearing interest as fixed by the board; however, the board shall
351not borrow any sum of money or give its promissory note therefor
352for a period of time longer than 1 year, and the total amount of
353money borrowed and outstanding may not exceed $35,000 at any one
354time.
355     (b)  The board may issue bonds payable solely from revenues
356of the authority. The value of all such bonds outstanding at any
357time may not exceed an amount equal to one-third of the
358authority's anticipated revenues for the period for which the
359bonds are outstanding. Revenue bonds may not be issued unless
360their issuance has been approved by a majority of those electors
361of the authority voting in a referendum in which the ballot
362statement describes in detail the purpose for which the bonds
363will be issued.
364     Section 15.  Financial statement.--At least once in each
365year the board shall publish in some newspaper published in Lake
366County a complete detailed statement of its financial condition,
367including a list of all moneys received and disbursed by the
368board during the preceding year.
369     Section 16.  Exemption of authority property.--All real and
370personal property owned, leased, controlled, or used by the
371authority is exempt from all county, municipal, taxing district,
372and other ad valorem taxes and special assessments for benefits.
373     Section 17.  Construction.--It is the intention of the
374Legislature that the provisions of this act be liberally
375construed to accomplish its purposes.
376     Section 18.  Plan; annual report.--
377     (a)  The authority shall prepare a plan that describes the
378authority's goals for the ensuing 5 years. The plan must include
379projects that will be undertaken within that period in
380furtherance of its goals. The authority shall update the plan
381periodically.
382     (b)  The authority shall prepare a report annually which
383includes an evaluation and assessment of the effectiveness of
384the authority's activities in the preceding year. The report
385must address both ongoing activities of the authority and the
386progress in meeting goals and projects enumerated in the 5-year
387plan.
388     Section 19.  Charter amendment.--The district's charter may
389be amended only by the Legislature.
390     Section 4.  Chapter 29222, Laws of Florida, 1953, and
391chapters 57-1484, 59-1466, 63-1507, 65-1787, 69-1209, 2000-492,
392and 2003-376, Laws of Florida, are repealed.
393     Section 5.  This act shall take effect upon becoming a law.


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