HB 0921

1
A bill to be entitled
2An act relating to the Florida Keys Aqueduct Authority,
3Monroe County; providing for codification of special laws
4relating to the Florida Keys Aqueduct Authority; providing
5legislative intent; codifying, repealing, amending, and
6reenacting chapters 18530 (1937), 21230 (1941), 21328
7(1941), 23277 (1945), 26039 (1949), 27757 (1951), 29297
8(1953), 29301 (1953), 31010 (1955), 31011 (1955), 31012
9(1955), 57-1589, 59-1581, 63-1644, 63-1648,70-810, 71-778,
1075-442, 75-449, 76-441, 77-604, 77-605, 80-546, 83-468,
1184-483, 84-484, 86-419, 87-454, 98-519, 2003-304, and
122003-327, Laws of Florida; providing for liberal
13construction; providing a savings clause in the event any
14provision of the act is deemed invalid; providing an
15effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Pursuant to section 189.429, Florida Statutes,
20this act constitutes the codification of all special acts
21relating to the Florida Keys Aqueduct Authority.  It is the
22intent of the Legislature in enacting this law to provide a
23single, comprehensive special act charter for the Authority,
24including all current legislative authority granted to the
25Authority by its several legislative enactments and any
26additional authority granted by this act.  It is further the
27intent to preserve all Authority powers and authority in the
28Florida Keys, including the authority to provide water and
29wastewater services.
30     Section 2.  Chapters 18530 (1937), 21230 (1941), 21328
31(1941), 23277 (1945), 26039 (1949), 27757 (1951), 29297 (1953),
3229301 (1953), 31010 (1955), 31011 (1955), 31012 (1955), 57-1589,
3359-1581, 63-1644, 63-1648,70-810, 71-778, 75-442, 75-449,76-441,
3477-604, 77-605, 80-546, 83-468, 84-483, 84-484, 86-419, 98-519,
352002-337, 2003-304, and 2003-327, Laws of Florida, relating to
36the Florida Keys Aqueduct Authority, are codified, reenacted,
37amended, and repealed as herein provided.
38     Section 3.  The Florida Keys Aqueduct Authority is re-
39created and the charter for the Authority is re-created and
40reenacted to read:
41     Section 1.  Creation of Authority; boundaries defined.--As
42of September 15, 1976, the Florida Keys Aqueduct Authority, an
43independent special district, was re-created and thereafter was
44the successor agency to the Florida Keys Aqueduct Authority
45which was abolished by chapter 76-441, Laws of Florida.  The
46Florida Keys Aqueduct Authority is not being re-created by this
47act or for purposes of section 189.404, Florida Statutes.  The
48primary purpose and function of this Authority shall be to
49obtain, supply, and distribute an adequate water supply for the
50Florida Keys and to collect, treat, and dispose of wastewater in
51the Florida Keys. The geographic jurisdiction of the Authority
52shall be as provided in this act. The Florida Keys Aqueduct
53Authority shall be an autonomous public body corporate and
54politic and have perpetual existence. All lawful debts, bonds,
55obligations, contracts, franchises, promissory notes, audits,
56minutes, resolutions, and other undertakings of the Florida Keys
57Aqueduct Authority are hereby validated and shall continue to be
58valid and binding on the Florida Keys Aqueduct Authority in
59accordance with their respective terms, conditions, covenants,
60and tenor. Any proceedings heretofore begun by the Florida Keys
61Aqueduct Authority for the construction of any improvements,
62works, or facilities, for the assessment of benefits and
63damages, or for the borrowing of money shall not be impaired or
64voided by this act but may be continued and completed in the
65name of the Florida Keys Aqueduct Authority. The Authority shall
66include within its territorial boundaries all of the lands
67within Monroe County, but may procure water outside its
68boundaries for sale within said boundaries, and may serve
69customers residing within 1 mile of its pipeline, from its well
70field at Florida City in Miami-Dade County to the territorial
71boundary of the Authority.
72     Section 2.  Applicability of certain provisions of Florida
73law to the Florida Keys Aqueduct Authority.--This act shall give
74the Authority exclusive jurisdiction over the setting of rates,
75fees, and charges of, and the connection to and disconnection
76from, the water system and the sewer system of the Authority as
77granted by this act and to this extent shall supersede chapter
78367, Florida Statutes. Decisions made by the Florida Keys
79Aqueduct Authority shall not be subject to the Administrative
80Procedures Act, chapter 120, Florida Statutes.
81     Section 3.  Definitions.--Unless the context shall indicate
82otherwise, the following words as used in this act shall have
83the following meanings:
84     (1)  "Authority" means the Florida Keys Aqueduct Authority
85hereby constituted or if such Authority shall be abolished, any
86board, commission, or officer succeeding to the principal
87functions thereof or upon whom the powers given by this act to
88such Authority shall be given by law.
89     (2)  "Board" means the board of directors of the Florida
90Keys Aqueduct Authority or, if such Authority shall be abolished,
91the board, body, or commission succeeding to the principal
92functions thereof or to whom the powers given by this act to the
93board of directors shall be given by law.
94     (3)  "Department" means the Department of the Navy of the
95United States of America.
96     (4)  "Bond" includes certificates, and provisions applicable
97to bonds shall be equally applicable to certificates. "Bond"
98includes any obligation in the nature of bonds as are provided
99for in this act as the case may be.
100     (5)  "Cost" when used with reference to any project
101includes, but is not limited to, the expenses of determining the
102feasibility or practicability of acquisition, construction, or
103reconstruction; the cost of surveys, estimates, plans, and
104specifications; the cost of acquisition, construction, or
105reconstruction; the cost of improvements, engineering, fiscal,
106and legal expenses and charges; the cost of all labor, materials,
107machinery, and equipment; the cost of all lands, properties,
108rights, easements, and franchises acquired; federal, state, and
109local taxes and assessments; financing charges; the creation of
110initial reserve and debt service funds; working capital; interest
111charges incurred or estimated to be incurred on moneys borrowed
112prior to and during construction and acquisition and for such
113period of time after completion of construction or acquisition as
114the board of directors may determine; the cost of issuance of
115bonds pursuant to this act, including advertisements and
116printing; the cost of any election held pursuant to this act and
117all other expenses of issuance of bonds; discount, if any, on the
118sale or exchange of bonds; administrative expenses; such other
119expenses as may be necessary or incidental to the acquisition,
120construction, or reconstruction of any projects or to the
121financing thereof, or the development of any lands of the
122Authority; and reimbursement of any public or private body,
123person, firm, or corporation of any moneys advanced in connection
124with any of the foregoing items of cost. Any obligation or
125expense incurred prior to the issuance of bonds in connection
126with the acquisition, construction, or reconstruction of any
127project or improvements thereon, or in connection with any other
128development of land that the board of directors of the Authority
129shall determine to be necessary or desirable in carrying out the
130purposes of this act, may be treated as part of such cost.
131     (6)  "Project" means any development, improvements,
132property, utility, facility, works, enterprise, service, or
133convenience that the Authority is authorized to construct,
134acquire, undertake, or furnish for its own use or for the use of
135any person, firm, or corporation owning, leasing, or otherwise
136using the same for any profit or nonprofit purpose or activity
137and shall include without limitation such repairs, replacements,
138additions, extensions, and betterments of and to any project as
139may be deemed necessary or desirable by the board of directors to
140place or to maintain such project in proper condition for the
141safe, efficient, and economic operation thereof.
142     (7)  "Water system" means any existing or proposed plant,
143system, facility, or property and additions, extensions, and
144improvements thereto at any future time constructed or acquired
145as part thereof, useful or necessary or having the present
146capacity for future use in connection with the development of
147sources, treatment, desalination, or purification and
148distribution of water for public or private use and, without
149limiting the generality of the foregoing, includes dams,
150reservoirs, storage tanks, mains, lines, valves, pumping
151stations, laterals, and pipes for the purpose of carrying water
152to the premises connected with such system, and all real and
153personal property and any interests therein, rights, easements,
154and franchises of any nature whatsoever relating to any such
155system and necessary or convenient for the operation thereof. It
156shall embrace wells for supplying water located or to be located
157on the Florida mainland, including a pipeline or aqueduct from
158such wells to a point at or near the City of Key West, and shall
159include the water distribution system acquired by the Authority
160from the City of Key West, and any interest the Authority may
161have in and to the water supply system or any part thereof by
162contract with the department.
163     (8)  "Sewer system" means any plant, system, facility, or
164property and additions, extensions, and improvements thereto at
165any future time constructed or acquired as part thereof, useful
166or necessary or having the present capacity for future use in
167connection with the collection, treatment, purification, or
168disposal of sewage, including, without limitation, industrial
169wastes resulting from any processes of industry, manufacture,
170trade, or business or from the development of any natural
171resources, and, without limiting the generality of the foregoing,
172shall include treatment plants, pumping stations, lift stations,
173valve, force mains, intercepting sewers, laterals, pressure
174lines, mains, and all necessary appurtenances and equipment, all
175sewer mains, laterals, and other devices for the reception and
176collection of sewage from premises connected therewith, and all
177real and personal property and any interest therein, rights,
178easements, and franchises of any nature whatsoever relating to
179any such system and necessary or convenient for the operation
180thereof. The terms "wastewater" and "wastewater system" shall be
181construed as synonymous with the terms "sewer" and "sewer system"
182for all purposes under this act.
183     Section 4.  Board of directors; organization;
184qualification; term of office; quorum.--The Board of Directors
185of the Florida Keys Aqueduct Authority shall be the governing
186body of the Authority and shall, subject to the provisions of
187this act, exercise the powers granted to the Authority under
188this act. The board of directors shall consist of five members
189appointed by the Governor who shall each represent one of five
190districts which shall be conterminous with the districts of the
191Board of County Commissioners of Monroe County. Each member of
192the board of directors shall be a registered elector within
193Monroe County and shall have been a resident of the district for
1946 months prior to the date of his or her appointment. The
195members shall be appointed by the Governor for terms of 4 years
196each, except that any appointment to fill a vacancy shall be for
197the unexpired portion of the term. The board shall elect any one
198of its members as chair and shall also elect any one of its
199members as secretary-treasurer. A majority of the members of the
200board shall constitute a quorum. No vacancy in the board shall
201impair the right of a quorum to exercise all the rights and
202perform all of the duties of the board. All members of the board
203shall be required to be bonded. Any vacancy occurring on the
204board shall be filled by appointment by the Governor for the
205duration of the unexpired term.
206     Section 5.  Records of board of directors.--The board of
207directors shall keep a permanent record book entitled "Record of
208Governing Board of Florida Keys Aqueduct Authority" in which
209shall be recorded minutes of all meetings, resolutions,
210proceedings, certificates, and bonds given by employees and any
211and all acts, which book shall at reasonable times be open to
212public inspection. Such record book shall be kept at an office or
213other regular place of business maintained by the board of
214directors in Monroe County. The board shall keep a current
215inventory of all real and tangible personal property owned or
216leased by the Authority in the above referenced record book.
217     Section 6.  Compensation of the board.--Each member shall
218be entitled to receive for such services a fee of $337 per
219meeting, not to exceed 3 meetings per month. In addition, each
220board member shall receive reasonable expenses which shall not
221be in excess of the amounts provided by law for state and county
222officials in chapter 112, Florida Statutes. The compensation
223amount for the members of the board provided for in this section
224shall be adjusted annually based upon the index provided for
225pursuant to section 287.017(2), Florida Statutes.
226     Section 7.  Bonds; depositories; fiscal agent; budget.--
227     (1)  Each member of the board of directors shall execute a
228bond to the Governor in the amount of $10,000 with a qualified
229surety to secure his or her faithful performance of his or her
230powers and duties. The board of directors shall require a
231certified audit of the books of the Authority at least once a
232year at the expense of the Authority. Such audit shall be
233available for public inspection and a notice of the availability
234of the audit shall be published in a newspaper published in
235Monroe County at least once within 6 months after the end of each
236fiscal year. The legislative auditor may audit the Authority at
237any time.
238     (2)  The board of directors is authorized to select
239depositories in which the funds of the board and of the Authority
240shall be deposited. Any banking corporation organized under the
241laws of the state or under the National Banking Act doing
242business in the state upon such terms and conditions as to the
243payment of interest by such depository upon the funds so
244deposited as the board may deem just and reasonable.
245     (3)  The board of directors may employ a fiscal agent who
246shall be either a resident of the state or a corporation
247organized under the laws of this or any other state and who shall
248assist in the keeping of the books, the collection of fees, and
249the remitting of funds to pay maturing bonds and coupons and
250perform such other or additional services and duties as fiscal
251agent and receive such compensation as the board of directors may
252determine.
253     (4)  The board of directors shall cause a copy of the
254proposed budget of the Authority to be published in a newspaper
255published in Monroe County at least once not later than 60 days
256prior to the date the fiscal year begins. The board shall hold a
257public hearing and adopt such budget at least 30 days prior to
258such date.
259     Section 8.  Powers and duties of the board of
260directors.--Except as otherwise provided in this act, all of the
261powers and duties of the Authority shall be exercised by and
262through the board of directors. Without limiting the generality
263of the foregoing, the board shall have the power and authority
264to:
265     (1)  Employ engineers, contractors, consultants, attorneys,
266auditors, agents, employees, and representatives, as the board of
267directors may from time to time determine, on such terms and
268conditions as the board of directors may approve, and fix their
269compensation and duties.
270     (2)  Maintain an office at such place or places as it may
271designate.
272     (3)  Enter or direct entry upon any lands, premises, waters,
273or other property subject to the requirements of due process as
274to privately owned property.
275     (4)  Execute all contracts and other documents, adopt all
276proceedings, and perform all acts determined by the board of
277directors as necessary or advisable to carry out the purposes of
278this act. The board may authorize the chair or vice chair to
279execute contracts and other documents on behalf of the board or
280the Authority. The board may appoint a person to act as general
281manager of the Authority having such official title, functions,
282duties, and powers as the board may prescribe. The general
283manager shall not be a member of the board.
284     Section 9.  Powers of the Authority.--In addition to and
285not in limitation of the powers of the Authority, it shall have
286the following powers:
287     (1)  To sue and be sued by its name in any court of law or
288in equity.
289     (2)  To adopt and use a corporate seal and to alter the same
290at pleasure.
291     (3)  To acquire property, real, personal, or mixed within or
292without its territorial limits in fee simple or any lesser
293interest or estate by purchase, gift, devise, or lease on such
294terms and conditions as the board of directors may deem necessary
295or desirable and by condemnation (subject to limitations herein
296below). The Authority shall provide information and assistance to
297Monroe County for use in preparing its comprehensive plan with
298respect to the availability of water and wastewater facilities.
299Except in cases of emergency, the purchase of sole source items,
300or when the board determines that delay would be detrimental to
301the interests of the Authority, equipment shall be purchased in
302accordance with part I of chapter 287, Florida Statutes. All
303provided that the board of directors determines that the use or
304ownership of such property be necessary in the furtherance of a
305designated lawful purpose authorized under the provisions of this
306act. However, the Authority may purchase equipment or material
307without competitive bid, regardless of price, when the
308manufacturer of such equipment or material refuses to bid on the
309equipment or material and the board determines that the public
310interest would be served and substantial savings would result if
311the equipment or material were purchased directly from the
312manufacturer. In all such cases the board shall enter a record of
313such purchase in the "Record of Governing Board of Florida Keys
314Aqueduct Authority." The Authority is specifically excluded from
315the provisions of section 253.03(6), Florida Statutes, and has
316the authority to hold title to property in its own name and to
317acquire easements or rights-of-way, with or without restrictions,
318within or without the limits of the Authority. The state may
319convey to the Authority rights-of-way over any of the lands and
320structures belonging to the state or any of its agencies for the
321purpose of constructing, maintaining, supplying, establishing,
322and regulating the works and projects involved in the wastewater
323system or the water supply and distribution systems authorized by
324this act. To mortgage, hold, manage, control, convey, lease,
325sell, grant, or otherwise dispose of the same and any of the
326assets and properties of the Authority without regard to chapter
327273, Florida Statutes.
328     (4)  Whenever deemed necessary or desirable by the board of
329directors, to lease as lessor or lessee, to or from any person,
330firm, corporation, association, or body, public or private, any
331projects of the type that the Authority is authorized to
332undertake and facilities or property of any nature for the use of
333the Authority to carry out any of the purposes of the Authority.
334     (5)  The Authority shall in its discretion have the power
335upon resolution duly passed to insure its property in accordance
336with the State Risk Management Trust Fund as provided by chapter
337284, Florida Statutes.
338     (6)  To exercise within or without the territorial limits of
339the Authority the right and power of eminent domain in all cases
340and under all circumstances provided for in chapter 73, Florida
341Statutes, and amendments thereto. In addition to and not in
342limitation of the foregoing, the Authority may also exercise the
343right and power of eminent domain for the purpose of condemning
344any real, personal, or mixed property, public or private,
345including, without limitation, the property owned by any
346political body or municipal corporation which the board of
347directors shall deem necessary for the use of, construction, or
348operation of any of the projects of the Authority or otherwise to
349carry out any of the purposes of the Authority. The power of
350condemnation shall be exercised in the same manner as now
351provided by the general laws of the state. In any proceeding
352under this act or under chapter 73, Florida Statutes, for the
353taking of property by eminent domain or condemnation, the board
354of directors is authorized to file declaration of taking
355immediate possession of the property before the final trial by
356making deposit as to value as provided by the general statutes,
357and shall have all of the benefits provided by chapters 73 and
35874, Florida Statutes, and amendments thereto, or any other
359statutes of the state which give the right to immediate taking
360and possession. No public or private body and no agency or
361authority of the state or any political subdivision thereof shall
362exercise the power of eminent domain or condemnation with respect
363to any of the properties, easements, or rights owned by the
364Authority and lying within the Authority's jurisdiction, except
365with the concurrence of the board of directors of the Authority
366which shall not be unreasonably withheld.
367     (7)  To own, acquire, construct, reconstruct, equip,
368operate, maintain, extend, and improve water systems; to regulate
369the use of and supply of water including rationing, and
370regulations to enforce rationing, within the Authority
371boundaries, and pipes and water mains, conduits or pipelines, in,
372along, or under any street, alley, highway, or other public
373places or ways within or without the boundaries of the Authority
374when deemed necessary or desirable by the board of directors in
375accomplishing the purposes of this act.
376     (8)  To issue bonds or other obligations authorized by the
377provisions of this act or any other law or any combination of the
378foregoing to pay all or part of the cost of the acquisition or
379construction, reconstruction, extension, repair, improvement,
380maintenance, or operation or any project or combination of
381projects. To provide for any facility, service, or other activity
382of the Authority and to provide for the retirement or refunding
383of any bonds or obligations of the Authority or for any
384combination of the foregoing purposes.
385     (9)(a)  To purchase, construct, and otherwise acquire and to
386improve, extend, enlarge, and reconstruct a sewage disposal
387system or systems and to purchase and/or construct or reconstruct
388sewer improvements and to operate, manage, and control all such
389systems so purchased and/or constructed and all properties
390pertaining thereto and to furnish and supply sewage collection
391and disposal services to any municipalities and any persons,
392firms, or corporations, public or private; to prohibit or
393regulate the use and maintenance of outhouses, privies, septic
394tanks, or other sanitary structures or appliances within the
395Authority boundaries, provided that prior to prohibiting the use
396of any such facilities adequate new facilities must be available;
397to prescribe methods of pretreatment of waste not amenable to
398treatment; to refuse to accept such waste when not sufficiently
399pretreated as may be prescribed and to prescribe penalties for
400the refusal of any person or corporation to so pretreat such
401waste; to sell or otherwise dispose of the effluent, sludge, or
402other by-products as a result of sewage treatment and to
403construct and operate connecting or intercepting outlets, sewers
404and sewer mains and pipes and water mains, conduits, or pipelines
405in, along, or under any street, alley, or highway, within or
406without the Authority boundaries when deemed necessary or
407desirable by the board of directors in accomplishing the purposes
408of this act, with the consent of the agency owning or controlling
409same. All such regulation herein authorized shall comply with the
410standards and regulations pertaining to same as promulgated by
411the Department of Health and by the Department of Environmental
412Protection.
413     (b)  The Authority shall have the power to create sewer
414districts comprising any area within the geographic boundaries of
415the Authority. However, the boundaries of any such sewer district
416shall not be established until approved by majority vote of the
417Board of County Commissioners of Monroe County, after a public
418hearing duly noticed and advertised. Any portion or portions of
419the sewer system within a district and of benefit to the premises
420or land served thereby shall be deemed improvements and shall
421include, without being limited to, laterals and mains for the
422collection and reception of sewage from premises connected
423therewith, local or auxiliary pumping or lift stations, treatment
424plants or disposal plants, and other pertinent facilities and
425equipment for the collection, treatment, and disposal of sewage.
426The board may impose fees and charges sufficient to obtain bond
427or other financing for sewer projects. Such charges shall be a
428lien upon any such parcel of property superior and paramount to
429any interest except the lien of county or municipal taxes and
430shall be on a parity with any such taxes. All operational and
431financial records of each district shall be separately maintained
432and open to public inspection.
433     (c)  To exercise exclusive jurisdiction, control, and
434supervision over any sewer systems owned or operated and
435maintained by the Authority and to make and enforce such rules
436and regulations for the maintenance and operation of any sewer
437systems as may be in the judgment of the Authority necessary or
438desirable. However, such jurisdiction shall not conflict with
439chapter 403, Florida Statutes, and rules of the Department of
440Environmental Protection.
441     (d)  To restrain, enjoin, or otherwise prevent the violation
442of this law or of any resolution, rules, or regulations adopted
443pursuant to the powers granted by this law.
444     (e)  To require and enforce the use of its facilities
445whenever and wherever they are accessible.
446     (f)  To approve or disapprove all subdivision plats and to
447provide for compliance with sewer standards, rules, and
448regulations. No subdivision plat or property located within the
449geographic boundaries of the Authority shall be recorded until
450approval of the board is obtained. The board shall have the power
451to require a surety bond from any developer to ensure compliance
452with sewer requirements of the board.
453     (g)  In addition to the other provisions and requirements of
454this law, any resolution authorizing the issuance of revenue
455bonds, assessment bonds, or any other obligations issued
456hereunder may contain provisions and the Authority Board is
457authorized to provide and make covenants and agree with several
458holders of such bonds as to:
459     1.  Reasonable deposits with the Authority in advance to
460ensure the payments of rates, fees, or charges for the facilities
461of the system.
462     2.  Discontinuance of the services and facilities of any
463water system for delinquent payments for sewer services and the
464terms and conditions of the restoration of such service.
465     3.  Contracts with private or public owners of sewer systems
466not owned and operated by the Authority for the discontinuance of
467service to any users of the sewer systems.
468     4.  Regulate the construction, acquisition, or operation of
469any plant, structure, facility, or property which may compete
470with any sewer system.
471     5.  The manner and method of paying service charges and fees
472and the levying of penalties for delinquent payments.
473     6.  Any other matters necessary to secure such bonds and the
474payment of such principal and interest thereof.
475     (h)  In the event that fees, rates, and charges for services
476and facilities of any sewer system shall not be paid as and when
477due, the Authority shall be empowered to discontinue furnishing
478water services as provided in section 16 of this act.
479     (i)  Any sewer systems within the geographic boundaries of
480the Authority may be combined into a single consolidated system
481for purposes of financing or of operation and administration or
482both. However, no water system may be combined with any sewer
483system for purposes of financing.
484     (j)  The Authority is hereby authorized to adopt by
485reference and utilize or take advantage of any of the provisions
486of chapters 100, 153, 159, and 170, Florida Statutes.
487     (k)  The Authority shall have power to contract with any
488person, private or public corporation, the State of Florida, or
489any agency, instrumentality or county, municipality, or political
490subdivision thereof, or any agency, instrumentality or
491corporation of or created by the United States of America, with
492respect to such wastewater system or any part thereof.  The
493Authority shall also have power to accept and receive grants or
494loans from the same, and in connection with any such contract,
495grant or loan, to stipulate and agree to such covenants, terms,
496and conditions as the governing body of the Authority shall deem
497appropriate.
498     (l)  To make or cause to be made such surveys,
499investigations, studies, borings, maps, drawings, and estimates
500of cost and revenues as it may deem necessary, and to prepare and
501adopt a comprehensive plan or plans for the location, relocation,
502construction, improvement, revision and development of the
503wastewater system.
504     (m)  That subject to covenants or agreement with bondholders
505contained in proceedings authorizing the issuance of bonds
506pursuant to this act, the Authority shall have the power to lease
507said wastewater system or any part or parts thereof, to any
508person, firm, corporation, association, or body, upon such terms
509and conditions and for such periods of time as shall be
510determined by the governing body.  The Authority shall also,
511whenever desirable, have power to grant permits or licenses in
512connection with any of the facilities of such wastewater system,
513and shall have full and complete power to do all things necessary
514and desirable for the proper and efficient administration and
515operation of such wastewater system and all parts thereof.  The
516Authority shall also have power, whenever deemed necessary or
517desirable and subject to covenants and agreements with
518bondholders, to lease from any person, firm, corporation,
519association, or body, any facilities of any nature for such
520wastewater system.
521     (n)  That charges shall be levied by the Authority against
522its own books or against Monroe County with respect to providing
523any facilities or services rendered by such wastewater system to
524the Authority or to Monroe County or to any other political
525subdivision or public body or agency which receives wastewater
526system services, or to any department or works thereof, at the
527rate or rates applicable to other customers or users taking
528facilities or services under similar conditions.  Revenues
529derived from such facilities or services so furnished shall be
530treated as all other revenues of the wastewater system.
531     (o)  Neither Monroe County, nor any municipality or special
532district therein, shall exercise any present or future power,
533pursuant to law, to interfere with the Authority's jurisdiction
534and operation of the wastewater system in such a manner as to
535impair or adversely affect the covenants and obligations of the
536Authority under agreement relating to its bonds or other debts.
537     (p)  The Authority shall have exclusive jurisdiction over
538the administration, maintenance, development, and provision of
539wastewater system services in Monroe County with the exception of
540the Key Largo Wastewater Treatment District as defined in chapter
5412002-337, Laws of Florida, consisting of Key Largo, including all
542lands east of Tavernier Creek, including Tavernier, Key Largo,
543and Cross Key, but excluding Ocean Reef, the City of Key West,
544the City of Key Colony Beach, the City of Layton, and Islamorada,
545Village of Islands unless such areas shall choose to grant the
546Authority such jurisdiction, and the Authority's wastewater
547system authorized hereunder shall be the exclusive provider of
548wastewater system services and no franchise or grant of power to
549any other entity or provider shall be lawful unless preapproved
550by the Authority. The Authority shall have the power to regulate
551the use of, including prohibiting the use of or mandating the use
552of, specific types of wastewater facilities and, notwithstanding
553any other provisions hereof, shall be authorized to prescribe the
554specific type of wastewater treatment facility or measures
555required to be utilized within the boundaries of the Authority,
556including, but not limited to, requiring the use of septic tanks
557in lieu of cess pits, the mandatory hook up to specific
558wastewater treatment plants, requiring upgrades be undertaken to
559on site wastewater systems, and any other combination of the
560foregoing in order to manage effluent disposal and wastewater
561matters.
562     (10)  In addition to the powers specifically provided in
563this chapter, the Authority shall have the power to own, acquire,
564construct, reconstruct, equip, operate, maintain, extend, and
565improve such other related projects as the board of directors may
566in its discretion find necessary or desirable to accomplish the
567primary purpose of this act which is to supply water and sewer
568services and facilities to the Florida Keys. The Authority is
569hereby authorized to adopt by reference and utilize or take
570advantage of any of the relevant provisions of chapter 100,
571chapter 153, chapter 159, or chapter 170, Florida Statutes.
572     Section 10.  Rules.--Upon reasonable advance notice to the
573public and an opportunity for all persons to be heard on the
574matter, the board shall adopt bylaws, rules, resolutions,
575regulations, and orders prescribing the powers, duties, and
576functions of the members of the board and employees of the
577Authority, the conduct of the business of the Authority, the
578maintenance of records of the Authority, and shall adopt
579administrative rules and regulations with respect to any of the
580projects of the Authority.
581     Section 11.  Exercise by Authority of powers within
582municipalities.--The Authority shall have the power to exercise
583any of its rights, powers, privileges, and authorities in any
584and all portions of the geographical limits of the Authority
585lying within the boundaries of any municipal corporation or
586other political subdivision, heretofore or hereafter created or
587organized, whose boundaries lie wholly or partly within the
588geographic limits of the Authority, to the same extent and in
589the same manner as in areas of the Authority not incorporated as
590part of a municipality or other political subdivision.
591     Section 12.  Furnishing facilities and services within the
592Authority territory.--
593     (1)  The Authority shall have the power to construct,
594maintain, and operate its projects within the geographic limits
595of the Authority, including any portions of the Authority located
596inside the boundaries of any incorporated municipalities or other
597political subdivisions and to offer, supply, and furnish the
598facilities and services provided for in this act.
599     (2)  The Authority shall have the power to collect fees,
600rentals, and other charges from persons, firms, corporations,
601municipalities, counties, the Federal Government, the department,
602political subdivisions, and other public or private agencies or
603bodies within the geographic limits of the Authority and for the
604use of the Authority itself.
605     Section 13.  Maintenance of projects across rights-of-
606way.--The Authority shall have the power to construct and
607operate its projects in, along, or under any streets, alleys,
608highways, or other public places or ways, and across any drain,
609ditch, canal, floodwater, holding basin, excavation, railroad
610right-of-way, track, grade, fill, or cut. However, just
611compensation shall be paid by the Authority for any private
612property taken or damaged by the exercise of such power.
613     Section 14.  Fees, rentals, and charges; procedure for
614adoption and modification; minimum revenue requirements.--
615     (1)  The Authority shall have the power to prescribe, fix,
616establish, and collect rates, fees, rentals, or other charges
617(hereinafter sometimes referred to as revenue) and to revise the
618same from time to time for the facilities and services furnished
619or to be furnished by the Authority and to provide for reasonable
620penalties against any user for any such rates, fees, rentals, or
621other charges that are delinquent.
622     (2)  Such rates, fees, rentals, and charges shall be just
623and equitable and, except as provided herein, uniform for users
624of the same class and, where appropriate, may be based or
625computed either upon the amount of service furnished or upon the
626number or average number of persons working or residing or
627working or otherwise occupying the premises served or upon any
628other factor affecting the use of the facilities furnished, or
629upon any combination of the foregoing factors as may be
630determined by the board of directors on an equitable basis.  The
631Authority may prescribe, fix, and establish a special lower rate,
632fee, rental, or other charge on the residential account of any
633person who is 60 years of age or older or a totally and
634permanently disabled American veteran on the date of application,
635who meets the low income standards adopted by the board and who
636applies for such special lower rate, fee, rental, or other charge
637between the months of January and December, inclusive, of each
638year.  As used in this section "residential account" means an
639account for a person residing in a house, mobile home,
640condominium, apartment, or other housing unit.  The application
641shall include the submission of an affidavit stating that the
642applicant is 60 years of age or older or a totally and
643permanently disabled American veteran . The submission of the
644affidavit shall be prima facie evidence of the applicant's age or
645disability.  The application shall also include the annual income
646of the applicant.
647     (3)  The rates, fees, rentals, or other charges prescribed
648shall be such as will produce revenues at least sufficient to
649provide for the items hereinafter listed but not necessarily in
650the order stated:
651     (a)  To provide for all costs, expenses of operation, and
652maintenance of such facility or service for such purpose.
653     (b)  To pay, when due, all bonds and interest thereon for
654the payment of which such revenues are or shall have been pledged
655or encumbered, including reserves for such purposes.
656     (c)  To provide for any other funds which may be required on
657the resolution or resolutions authorizing issuance of bonds
658pursuant to this act.
659     (4)  No rate, fee, rental, or other charge may be
660established resulting in increased costs for service to the
661customer nor may any rate, fee, rental, or other charge be
662increased by the Authority until a public hearing has been held
663relating to the proposed increase in the City of Key West, and in
664the Marathon and the upper Keys areas.  However, if the proposed
665rule affects wastewater only in a single wastewater district and
666affects rates, fees, or other charges that could result in
667increased costs of service to the customer, no rate, fee, rental,
668or other charge may be increased by the Authority until two
669advertised public hearings have been held relating to the
670proposed increase at a site convenient to the public located in
671the district area.  Such public hearings shall not occur within
67215 days of each other.
673     Section 15.  Recovery of delinquent charges.--In the event
674that any of the rates, fees, rentals, charges, or delinquent
675penalties shall not be paid as when due and shall be in default
676for 30 days or more, the unpaid balance thereof and all interest
677accrued thereon together with attorneys' fees and costs may be
678recovered by the Authority in a civil action and in accordance
679with any covenant in any bond indenture of the Authority.  The
680board shall have the authority to impose a service charge in
681accordance with section 832.07(1)(a), Florida Statutes upon the
682maker or drawer of any check, draft, or order in payment of any
683such rate, fee, rental, charge or delinquent penalty, for which
684payment is refused by the drawee because of lack of funds or
685credit.
686     Section 16.  Discontinuance of service.--In the event that
687the fees, rentals, or other charges for the services and
688facilities of any project are not paid when due, the board of
689directors shall have the power to discontinue and shut off the
690same until such fees, rentals, or other charges, including
691interest, penalties, and charges for the shutting off or
692discontinuance and the restoration of such services and
693facilities, are fully paid, and for such purposes may enter on
694any lands, waters, and premises of any person, firm,
695corporation, or other body, public or private.  Such delinquent
696fees, rentals, or other charges together with interest,
697penalties, and charges for the shutting off and discontinuance
698and the restoration of such services and facilities and
699reasonable attorneys' fees and other expenses may be recovered
700by the Authority by suit in any court of competent jurisdiction.
701 The Authority may also enforce payment of such delinquent fees,
702rentals, or other charges by any other lawful method of
703enforcement.
704     Section 17.  Remedies.--Any holder of bonds issued under
705the provisions of this act or of any of the coupons appertaining
706thereto, and the trustee under the trust indenture, if any,
707except to the extent the rights herein given may be restricted
708by resolution passed before the issuance of the bonds or by the
709trust indenture, may, either at law or in equity, by suit,
710action, mandamus, or other proceeding, protect and enforce any
711and all rights under the laws of the State of Florida or granted
712hereunder or under such resolution or trust indenture, and may
713enforce or compel performance of all duties required by this act
714or by such resolution or trust indenture to be performed by the
715Authority or any officer thereof, including the fixing,
716charging, and collecting of rates and other charges for both
717water furnished by the waterworks system and wastewater
718treatment furnished by the wastewater system.
719     Section 18.  Receiver.--
720     (1)  In the event that the Authority shall default in the
721payment of the principal of or the interest on any of the bonds
722as the same shall become due, whether at maturity or upon call
723for redemption, and such default shall continue for a period of
72445 days, or in the event that the Authority or the officers,
725agents, or employees of the Authority shall fail or refuse to
726comply with the provisions of this act or shall default in any
727agreement made with the holders of the bonds, any holder of
728bonds, subject to the provisions of the resolution authorizing
729the same or the trust indenture, or the trustee therefor, shall
730have the right to apply in any appropriate judicial proceeding to
731the Circuit Court in any court of competent jurisdiction, for the
732appointment of a receiver of the waterworks system, excluding
733however, the aqueduct, whether or not all bonds shall have been
734declared due and payable and whether or not such holder or
735trustee is seeking or has sought to enforce any other right or to
736exercise any other remedy in connection with such bonds, and,
737upon such application, the court may appoint such receiver.
738     (2)  The receiver so appointed shall forthwith, directly or
739by his agents and attorneys, enter into and upon and take
740possession of such portion of the waterworks system and may
741exclude the Authority, its officers, agents, and employees and
742all persons claiming under them, wholly therefrom and shall have,
743hold, use, operate, manage, and control the same in the name of
744the Authority or otherwise, as the receiver may deem best, and
745shall exercise all the rights and powers of the Authority with
746respect thereto as the Authority itself might do.  Whenever all
747defaults shall have been cured and made good, the court may, in
748its discretion, and after such notice and hearing as it deems
749reasonable and proper, direct the receiver to surrender
750possession of such property to the Authority.  The same right to
751secure the appointment of a receiver shall exist upon any
752subsequent default as hereinabove provided.
753     (3)  Notwithstanding anything in this section to the
754contrary, any such receiver shall have no power to sell, assign,
755mortgage, or otherwise dispose of any assets of whatever kind or
756character belonging to the Authority and useful for the
757waterworks system, and the authority of any such receiver shall
758be limited to the operation and maintenance of such portion of
759the system as may be placed in receivership and no court shall
760have jurisdiction to enter any order or decree requiring or
761permitting such receiver to sell, mortgage, or otherwise dispose
762of any such assets.
763     Section 19.  Agreements with public and private parties
764concerning the furnishing of facilities and services.--The
765Authority shall have the power to enter into agreements with any
766person, firm, or corporation, public or private, for the
767furnishing by such person, firm, or corporation of any
768facilities and services of the type provided for in this act to
769the Authority, and for or on behalf of the Authority to persons,
770firms, corporations, and other public or private bodies and
771agencies to whom the Authority is empowered under this act to
772furnish facilities and services.
773     Section 20.  Exclusive jurisdiction of projects and
774finances.--
775     (1)  The board of directors shall have exclusive
776jurisdiction and control, except as otherwise provided herein and
777as to the quality and manner of discharge of effluent, over the
778projects of the Authority without limitation as to expenditures
779and appropriations except to the extent otherwise provided in
780this act and to the extent that the board of directors may by
781agreement with any other public or private body authorize the
782same to exercise jurisdiction or control of any of the projects
783of the Authority. It shall not be necessary for the Authority to
784obtain any certificate of convenience or necessity, franchise,
785license, permit, or authorization from any bureau, board,
786commission, or like instrumentality of the state or any political
787subdivision thereof in order to construct, reconstruct, acquire,
788extend, repair, improve, maintain, or operate any project and the
789rates, fees, or other charges to be fixed and collected with
790respect to the facilities and service of the Authority shall not
791be subject to supervision, regulation, or the rate-setting power
792of any bureau, board, commission, or other agency of the state or
793any political subdivision thereof.
794     (2)  Except as otherwise provided in this act, the budget
795and finances of the Authority, including without limitation
796expenditures and appropriations, and the exercise by the board of
797directors of the powers herein provided, shall not be subject to
798the requirements or limitations of chapter 216, Florida Statutes.
799     Section 21.  Revenue bonds.--
800     (1)  The Authority shall have the power to issue revenue
801bonds from time to time without limitation as to amount.  Such
802revenue bonds may be secured by or payable from the gross amount
803or net pledge of the revenues to be derived from any project or
804combination of projects from the rates, fees, or other charges to
805be collected from the users of any project or projects from any
806revenue-producing undertaking or activity of the Authority or
807from any other source or pledged security.  Such bond shall not
808constitute an indebtedness of the Authority.
809     (2)  Any two or more projects may be combined and
810consolidated into a single project and may thereafter be operated
811and maintained as a single project.  The revenue bonds authorized
812herein may be issued to finance any one or more such projects
813separately or to finance two or more such projects regardless of
814whether such projects have been combined and consolidated into a
815single project.  If the board of directors deems it advisable,
816the proceedings authorizing such revenue bonds may provide that
817the Authority may thereafter combine the projects then being
818financed or theretofore financed with other projects to be
819subsequently financed by the Authority, and that revenue bonds to
820be thereafter issued by the Authority shall be on parity with the
821revenue bonds then being issued, all on such terms, conditions,
822and limitations as shall be provided and may further provide that
823the revenues to be derived from the subsequent projects shall at
824the time of the issuance of such parity revenue bonds be also
825pledged to the holders of any revenue bonds theretofore issued to
826finance the revenue undertakings which are later combined with
827such subsequent projects.  The Authority may pledge for the
828security of the revenue bonds a fixed amount without regard to
829any proportion of the gross revenues of any project.
830     Section 22.  Refunding bonds.--The Authority shall have the
831power to issue bonds to provide for the retirement or refunding
832of any bonds or obligations of the Authority that at the time of
833such issuance are or subsequently thereto become due and payable
834or that at the time of issuance have been called or will be
835subject to call for redemption within 10 years thereafter or the
836surrender of which can be procured from the holders thereof at
837prices satisfactory to the board of directors.  Refunding bonds
838may be issued at any time when in the judgment of the board of
839directors such issuance will be advantageous to the Authority.
840The board of directors may, by resolution, confer upon the
841holders of such refunding bonds all rights, powers, and remedies
842to which the holders would be entitled if they continued to be
843the owners and had possession of the bonds for the refinancing
844of which said refunding bonds are issued.
845     Section 23.  Lien of pledges.--All pledges of revenues and
846assessments made pursuant to the provisions of this act shall be
847valid and binding from the time when such pledges are made.  All
848such revenues and assessments so pledged and thereafter
849collected shall immediately be subject to the lien of such
850pledges without any physical delivery thereof or further action
851and the lien of such pledges shall be valid and binding as
852against all parties having claims of any kind in tort, contract,
853or otherwise against the Authority irrespective of whether such
854parties have notice thereof.
855     Section 24.  Issuance of bond anticipation notes.--In
856addition to the other powers applied for in this act and not in
857limitation thereof, the Authority shall have the power at any
858time and from time to time after the issuance of any bonds of
859the Authority shall have been authorized, to borrow money for
860the purposes for which such bonds are to be issued in
861anticipation of the receipt of the proceeds of the sale of such
862bonds and to issue bond anticipation notes in a principal amount
863not in excess of the authorized maximum amount of such bond
864issues. Such notes shall be in such denominations and bear
865interest at such rate or rates, mature at such time or times not
866later than 5 years from the date of issuance and be in such form
867and executed in such manner as the board of directors shall
868prescribe. Such notes may be sold at either public or private
869sale or if such notes shall be renewable, notes may be exchanged
870for notes then outstanding on such terms as the board of
871directors shall determine.  Said notes shall be paid from the
872proceeds of such bonds when issued.
873     Section 25.  Short term borrowing.--The Authority at any
874time may obtain loans in such amount and on such terms and
875conditions as the board of directors may approve for the purpose
876of paying any of the expenses of the Authority or any costs
877incurred or that may be incurred in connection with any of the
878projects of the Authority, which loan shall have a term not
879exceeding 3 years from the date of issuance thereof and may be
880renewable for a like term or terms, shall bear interest not in
881excess of the prevailing rate available for loans of similar
882terms and amounts at commercial lending institutions licensed by
883the Federal Government or the State, may be payable from and
884secured by a pledge of such funds, revenues, and assessments as
885the board of directors may determine.  For the purpose of
886defraying such costs and expenses the Authority may issue
887negotiable notes, warrants, and other evidences of debts signed
888on behalf of the Authority by any one of the board of directors
889to be authorized by the board.
890     Section 26.  Trust agreements.--In the discretion of the
891board of directors, any issue of bonds may be secured by a trust
892agreement by and between the Authority and a corporate trustee
893or trustees which may be any trust company or bank having the
894powers of a trust company within or without the state.  The
895resolution authorizing the issuance of the bonds or such trust
896agreements may pledge the revenues to be received from any
897projects of the Authority and may contain such provision for
898protecting and enforcing the rights and remedies of the
899bondholders as the board of directors may approve, including
900without limitation covenants setting forth the duties of the
901Authority in relation to the acquisition, construction,
902reconstruction, improvement, maintenance, repair, operation, and
903insurance of any project, the fixing and revising of the rates,
904fees, and charges and the custody safeguarding and application
905of all moneys, and for the employment of counseling engineers in
906connection with such acquisition, construction, reconstruction,
907improvement, maintenance, repair, and operation.  It shall be
908lawful for any bank or trust company incorporated under the laws
909of the state which may act as a depository of the proceeds of
910bonds or of revenues to furnish such indemnifying bonds or to
911pledge such securities as may be required by the Authority.
912Such resolution or trust agreement may set forth the rights and
913remedies of the bondholders and of the trustee, if any, and may
914restrict the individual right of action by bondholders.  The
915board of directors may provide for the payment of proceeds from
916the sale of the bonds and the revenues of any project to such
917officer, board, or depositories as it may designate for the
918custody thereof, and for the method of disbursement thereof with
919such safeguards and restrictions as it may determine.  All
920expenses incurred in carrying out the provision of such
921resolution or trust agreement may be treated as part of the cost
922of operation of the project to which such trust agreement
923pertains.
924     Section 27.  Sale of bonds.--Bonds may be sold in blocks or
925installments at different times, or an entire issue or series
926may be sold at one time. Bonds shall be sold at public sale
927after advertisement, but not in any event at less than 95
928percent of the par value thereof, together with accrued interest
929thereon.  Bonds may be sold or exchanged for refunding bonds.
930Bonds may be delivered as payment by the Authority of the
931purchase price or lease of any project or part thereof or a
932combination of projects or parts thereof or as the purchase
933price or exchanged for any property, real, personal or mixed,
934including franchises or services rendered by any contractor,
935engineer, or other person at one time or in blocks from time to
936time and in such manner and upon such terms as the board of
937directors in its discretion shall determine.
938     Section 28.  Authorization and form of bonds.--The Board
939may by resolution authorize the issuance of bonds on either a
940negotiated or competitive bid basis, fix the aggregate amount of
941bonds to be issued, the purpose or purposes for which the moneys
942derived therefrom shall be expended, the rate or rates of
943interest.  The denomination of bonds, whether or not the bonds
944are to be issued in one or more series, the date or dates
945thereof, the date or dates of maturity, which shall not exceed
94640 years from their respective dates of issuance, the medium of
947payment, place or places within or without the state where
948payment shall be made, registration, privileges (whether with or
949without premium), the manner of execution, the form of the
950bonds, including any interest coupons to be attached thereto,
951the manner of execution of bonds and coupons, and any and all
952other terms, covenants and conditions thereof, and the
953establishment of reserve or other funds.
954     Section 29.  Interim certificates, replacement
955certificates.--Pending the preparation of definitive bonds, the
956board of directors may issue interim certificates or receipts or
957temporary bonds, in such form and with such provision as the
958board of directors may determine, exchangeable for definitive
959bonds when such bonds have been executed and are available for
960delivery.  The board of directors may also provide for the
961replacement of any bonds which shall become mutilated or be lost
962or destroyed.
963     Section 30.  Negotiability of bonds.--Any bond issued under
964this act and any interim certificate, receipt, or temporary bond
965shall, in the absence of an express recital on the face thereof
966that it is nonnegotiable, shall be and constitute a negotiable
967instrument within the meaning and for all purposes of the law
968merchant, the U.C.C. and the laws of the State of Florida.
969     Section 31.  Bonds as legal investment or
970security.--Notwithstanding any provisions of any other law to
971the contrary, all bonds issued under provisions of this act
972shall constitute legal investments for savings banks, trust
973companies, insurance companies, executors, administrators,
974trustees, guardians, and other fiduciaries, and for any board,
975body, agency, instrumentality, county, municipality, or other
976political subdivision of the state and shall be and constitute
977securities which may be deposited by banks or trust companies as
978security for deposit of the state, county, municipal, or other
979public funds, or by insurance companies.
980     Section 32.  Validity of bonds.--Any bonds issued by the
981Authority shall be incontestable in the hands of bona fide
982purchasers or holders for value and shall not be invalid because
983of any irregularity or defects in the proceedings for the issue
984and sales thereof.  However, the Authority is not required to
985obtain approval of the Bond Review Board as provided by chapter
986215, Florida Statutes.
987     Section 33.  Pledge by the State of Florida to the
988bondholders of the Authority and to the Federal Government.--The
989State of Florida pledges to the holders of any bonds issued
990under this act that it will not limit or alter the rights of the
991Authority, to own, acquire, construct, reconstruct, improve,
992maintain, operate, or furnish the projects or to levy rentals,
993rates, fees, or other charges provided for herein and to fulfill
994the terms of any agreement made with the holders of such bonds
995or other obligations, that it will not in any way impair the
996rights or remedies of the holders, and that it will not modify
997in any way the exemption for taxation provided in the act, until
998all such bonds, together with interest thereon, and all costs
999and expenses in connection with any action or proceeding by or
1000on behalf of such holders, are fully met and discharged.  The
1001State of Florida pledges to and agrees with the Federal
1002Government that in the event the Federal Government or any
1003agency or authority thereof shall construct or contribute any
1004funds, materials, or property for the construction, acquisition,
1005extension, improvement, enlargement, maintenance, operation, or
1006furnishing of any project of the Authority, or any part thereof,
1007the state will not alter or limit the rights and powers of the
1008Authority in any manner which would be inconsistent with the
1009continued maintenance and operation of such project, or any part
1010thereof, on the improvement thereof, or which would be
1011inconsistent with due performance of any agreement between the
1012Authority and the Federal Government, and the Authority shall
1013continue to have, and may exercise, all powers herein granted so
1014long as the board of directors may deem the same necessary or
1015desirable for carrying out the purposes of this act and the
1016purposes of the Federal Government in the construction,
1017acquisition, extension, improvement, enlargement, maintenance,
1018operation, or furnishing of any projects of the Authority or any
1019part thereof.
1020     Section 34.  Contracts, grants, and contributions.--The
1021Authority shall have the power to make and enter into all
1022contracts and agreements necessary or incidental to the
1023performance or functions of the Authority and the execution of
1024its powers, and to contract with, and to accept and receive
1025grants or loans of money, material, or property from any person,
1026private or public corporation, the State of Florida, or any
1027agency or instrumentality thereof, any county, municipality, or
1028other political subdivision, or any agency, instrumentality, or
1029corporation of or created by the United States of America, or
1030the United States of America, as the board of directors shall
1031determine to be necessary or desirable to carry out the purpose
1032of this act, and in connection with any such contract, grant, or
1033loan to stipulate and agree to such covenants, terms, and
1034conditions as the board of directors shall deem appropriate.
1035     Section 35.  Tax exemption.--As the exercise of the powers
1036conferred by this act to effect the purposes of this act
1037constitute the performance of essential public functions, and as
1038the projects of the Authority will constitute public property
1039used for public purposes, all assets and properties of the
1040Authority and all bonds issued hereunder and interest paid
1041thereon and all fees, charges, and other revenues derived by the
1042Authority from the projects provided for by this act shall be
1043exempt from all taxes by the state or any political subdivision,
1044agency, or instrumentality thereof, except that this exemption
1045shall not apply to interest earnings subject to taxation under
1046chapter 220, Florida Statutes.
1047     Section 36.  Construction of Authority projects.--The board
1048of directors shall have the power and authority to acquire,
1049construct, reconstruct, extend, repair, improve, maintain, and
1050operate any of the projects of the Authority, and to that end to
1051employ contractors, to purchase machinery, to employ men to
1052operate the same, and directly to have charge of and construct
1053the projects of the Authority in such manner as the board of
1054directors may determine . The Authority may undertake any such
1055construction work with its own facilities, without public
1056advertisement for bids.  The board of directors shall not be
1057permitted to let contracts for projects of the Authority or for
1058purchases without public advertising and the receiving of bids
1059in accordance with such terms and conditions of chapter 287,
1060Florida Statutes.  The board of directors shall let contracts to
1061the lowest responsible bidder.  However, the board may, in its
1062discretion, reject any and all bids.
1063     Section 37.  Enforcement and penalties.--The board of
1064directors or any aggrieved person may have recourse to such
1065remedies in law and equity as may be necessary to ensure
1066compliance with the provisions of this act, including injunctive
1067relief to enjoin or restrain any person violating the provisions
1068of this act and any bylaws, resolutions, regulations, rules,
1069codes, and orders adopted under this act, and the court shall,
1070upon proof of such violation, have the duty to issue forthwith
1071such temporary and permanent injunctions as are necessary to
1072prevent such further violations thereof.
1073     Section 38.  Investment of funds.--The board of directors
1074may, in its discretion, invest funds of the Authority in:
1075     (1)  Direct obligations of or obligations guaranteed by the
1076United States of America or for the payment of principal and
1077interest of which the faith and credit of the United States is
1078pledged;
1079     (2)  Bonds or notes issued by any of the following Federal
1080agencies: Bank for Cooperatives; Federal Intermediate Credit
1081Banks; Federal Home Loan Banks System; Federal Land Banks; or
1082the Federal National Mortgage Loan Association (including the
1083debentures or participating certificates issued by such
1084association);
1085     (3)  Public housing bonds issued by public housing
1086authorities and secured by a pledge of annual contributions
1087under an annual contribution contract or contracts with the
1088United States of America;
1089     (4)  Bonds or other interest-bearing obligations of any
1090county, district, city, or town located in the State of Florida
1091for which the credit of such political subdivision is pledged;
1092or
1093     (5)  Any investment authorized for insurers by chapter 625,
1094Florida Statutes, inclusive and amendments thereto.
1095     Section 39.  Fiscal year of the Authority.--The board of
1096directors has the power to establish and from time to time
1097redetermine the fiscal year of the Authority.
1098     Section 40.  Severability of provision.--If any section,
1099clause, sentence, amendment, or provision of this act or the
1100application of such section, clause, sentence, amendment, or
1101provision to any person or bodies or under any circumstances
1102shall be held to be inoperative, invalid, or unconstitutional,
1103the invalidity of such section, clause, sentence, amendment, or
1104provision shall not be deemed held or taken to affect the
1105validity or constitutionality of any of the remaining parts of
1106this act, or amendments hereto, or the application of any of the
1107provisions of this act to persons, bodies or in circumstances
1108other than those as to which it or any part thereof shall have
1109been held inoperative, invalid, or unconstitutional, and it is
1110intended that this act shall be construed and applied as if any
1111section, clause, sentence, amendment, or provision held
1112inoperative, invalid, or unconstitutional had not been included
1113in this act.
1114     Section 41.  Liberal construction.--The provisions of this
1115act shall be liberally construed to effect its purposes and
1116shall be deemed cumulative, supplemental, and alternative
1117authority for the exercise of the powers provided herein.
1118     Section 42.  Notice.--It is found and determined that
1119notice of intention to apply for this legislation was given in
1120the time, form, and manner required by the Constitution and Laws
1121of the State of Florida. Said notice is found to be sufficient
1122and is hereby validated and approved.
1123     Section 43.  All actions of the Authority occurring prior
1124to the effective date of this act are hereby ratified.
1125     Section 4.  Chapters 18530 (1937), 21230 (1941), 21328
1126(1941), 23277 (1945), 26039 (1949), 27757 (1951), 29297 (1953),
112729301 (1953), 31010 (1955), 31011 (1955), 31012 (1955), 57-1589,
112859-1581, 63-1644, 63-1648,70-810, 71-778, 75-442, 75-449,76-441,
112977-604, 77-605, 80-546, 83-468, 84-483, 84-484, 86-419, 98-519,
11302002-337, 2003-304, and 2003-327, Laws of Florida, are repealed.
1131     Section 5.  Rule making.--The Florida Keys Aqueduct
1132Authority Board, as constituted herein, and any successor agency
1133or board may adopt rules necessary to meet environmental
1134requirements imposed by federal agencies as a condition of
1135funding.  Rules adopted by the Florida Keys Aqueduct Authority
1136prior to effective date of this act, contained in Part 7 of the
1137Rules of the Florida Keys Aqueduct Authority are hereby affirmed
1138as a valid exercise of delegated legislative authority.
1139     Section 6.  This act shall take effect upon becoming a law.


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