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29 | Authority, are codified, amended, enacted, and repealed as |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