HB 0921

CS

CHAMBER ACTION

1	The Committee on Local Government & Veterans' Affairs recommends
2	the following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to the Florida Keys Aqueduct Authority,
8	Monroe County; providing for codification of special laws
9	relating to the Florida Keys Aqueduct Authority; providing
10	legislative intent; codifying, repealing, amending, and
11	reenacting chapters 76-441, 77-604, 77-605, 80-546, 83-
12	468, 84-483, 84-484, 86-419, 87-454, 98-519, 2003-304, and
13	2003-327, Laws of Florida; providing for liberal
14	construction; providing a savings clause in the event any
15	provision of the act is deemed invalid; providing an
16	effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Pursuant to section 189.429, Florida Statutes,
21	this act constitutes the codification of all special acts
22	relating to the Florida Keys Aqueduct Authority.  It is the
23	intent of the Legislature in enacting this law to provide a
24	single, comprehensive special act charter for the Authority,
25	including all current legislative authority granted to the
26	Authority by its several legislative enactments and any
27	additional authority granted by this act.  It is further the
28	intent to preserve all Authority powers and authority in the
29	Florida Keys, including the authority to provide water and
30	wastewater services.
31	Section 2.  Chapters 76-441, 77-604, 77-605, 80-546, 83-
32	468, 84-483, 84-484, 86-419, 98-519, 2002-337, 2003-304, and
33	2003-327, Laws of Florida, relating to the Florida Keys Aqueduct
34	Authority, are codified, reenacted, amended, and repealed as
35	herein provided.
36	Section 3.  The Florida Keys Aqueduct Authority is re-
37	created and the charter for the Authority is re-created and
38	reenacted to read:
39	Section 1.  Creation of Authority; boundaries defined.--As
40	of September 15, 1976, the Florida Keys Aqueduct Authority, an
41	independent special district, was re-created and thereafter was
42	the successor agency to the Florida Keys Aqueduct Authority
43	which was abolished by chapter 76-441, Laws of Florida.  The
44	Florida Keys Aqueduct Authority is not being re-created by this
45	act or for purposes of section 189.404, Florida Statutes.  The
46	primary purpose and function of this Authority shall be to
47	obtain, supply, and distribute an adequate water supply for the
48	Florida Keys and to collect, treat, and dispose of wastewater in
49	the Florida Keys. The geographic jurisdiction of the Authority
50	shall be as provided in this act. The Florida Keys Aqueduct
51	Authority shall be an autonomous public body corporate and
52	politic and have perpetual existence. All lawful debts, bonds,
53	obligations, contracts, franchises, promissory notes, audits,
54	minutes, resolutions, and other undertakings of the Florida Keys
55	Aqueduct Authority are hereby validated and shall continue to be
56	valid and binding on the Florida Keys Aqueduct Authority in
57	accordance with their respective terms, conditions, covenants,
58	and tenor. Any proceedings heretofore begun by the Florida Keys
59	Aqueduct Authority for the construction of any improvements,
60	works, or facilities, for the assessment of benefits and
61	damages, or for the borrowing of money shall not be impaired or
62	voided by this act but may be continued and completed in the
63	name of the Florida Keys Aqueduct Authority. The Authority shall
64	include within its territorial boundaries all of the lands
65	within Monroe County, but may procure water outside its
66	boundaries for sale within said boundaries, and may serve
67	customers residing within 1 mile of its pipeline, from its well
68	field at Florida City in Miami-Dade County to the territorial
69	boundary of the Authority.
70	Section 2.  Applicability of certain provisions of Florida
71	law to the Florida Keys Aqueduct Authority.--This act shall give
72	the Authority exclusive jurisdiction over the setting of rates,
73	fees, and charges of, and the connection to and disconnection
74	from, the water system and the sewer system of the Authority as
75	granted by this act and to this extent shall supersede chapter
76	367, Florida Statutes. Decisions made by the Florida Keys
77	Aqueduct Authority shall not be subject to the Administrative
78	Procedures Act, chapter 120, Florida Statutes.
79	Section 3.  Definitions.--Unless the context shall indicate
80	otherwise, the following words as used in this act shall have
81	the following meanings:
82	(1)  "Authority" means the Florida Keys Aqueduct Authority
83	hereby constituted or if such Authority shall be abolished, any
84	board, commission, or officer succeeding to the principal
85	functions thereof or upon whom the powers given by this act to
86	such Authority shall be given by law.
87	(2)  "Board" means the board of directors of the Florida
88	Keys Aqueduct Authority or, if such Authority shall be
89	abolished, the board, body, or commission succeeding to the
90	principal functions thereof or to whom the powers given by this
91	act to the board of directors shall be given by law.
92	(3)  "Department" means the Department of the Navy of the
93	United States of America.
94	(4)  "Bond" includes certificates, and provisions
95	applicable to bonds shall be equally applicable to certificates.
96	"Bond" includes any obligation in the nature of bonds as are
97	provided for in this act as the case may be.
98	(5)  "Cost" when used with reference to any project
99	includes, but is not limited to, the expenses of determining the
100	feasibility or practicability of acquisition, construction, or
101	reconstruction; the cost of surveys, estimates, plans, and
102	specifications; the cost of acquisition, construction, or
103	reconstruction; the cost of improvements, engineering, fiscal,
104	and legal expenses and charges; the cost of all labor,
105	materials, machinery, and equipment; the cost of all lands,
106	properties, rights, easements, and franchises acquired; federal,
107	state, and local taxes and assessments; financing charges; the
108	creation of initial reserve and debt service funds; working
109	capital; interest charges incurred or estimated to be incurred
110	on moneys borrowed prior to and during construction and
111	acquisition and for such period of time after completion of
112	construction or acquisition as the board of directors may
113	determine; the cost of issuance of bonds pursuant to this act,
114	including advertisements and printing; the cost of any election
115	held pursuant to this act and all other expenses of issuance of
116	bonds; discount, if any, on the sale or exchange of bonds;
117	administrative expenses; such other expenses as may be necessary
118	or incidental to the acquisition, construction, or
119	reconstruction of any projects or to the financing thereof, or
120	the development of any lands of the Authority; and reimbursement
121	of any public or private body, person, firm, or corporation of
122	any moneys advanced in connection with any of the foregoing
123	items of cost. Any obligation or expense incurred prior to the
124	issuance of bonds in connection with the acquisition,
125	construction, or reconstruction of any project or improvements
126	thereon, or in connection with any other development of land
127	that the board of directors of the Authority shall determine to
128	be necessary or desirable in carrying out the purposes of this
129	act, may be treated as part of such cost.
130	(6)  "Project" means any development, improvements,
131	property, utility, facility, works, enterprise, service, or
132	convenience that the Authority is authorized to construct,
133	acquire, undertake, or furnish for its own use or for the use of
134	any person, firm, or corporation owning, leasing, or otherwise
135	using the same for any profit or nonprofit purpose or activity
136	and shall include without limitation such repairs, replacements,
137	additions, extensions, and betterments of and to any project as
138	may be deemed necessary or desirable by the board of directors
139	to place or to maintain such project in proper condition for the
140	safe, efficient, and economic operation thereof.
141	(7)  "Water system" means any existing or proposed plant,
142	system, facility, or property and additions, extensions, and
143	improvements thereto at any future time constructed or acquired
144	as part thereof, useful or necessary or having the present
145	capacity for future use in connection with the development of
146	sources, treatment, desalination, or purification and
147	distribution of water for public or private use and, without
148	limiting the generality of the foregoing, includes dams,
149	reservoirs, storage tanks, mains, lines, valves, pumping
150	stations, laterals, and pipes for the purpose of carrying water
151	to the premises connected with such system, and all real and
152	personal property and any interests therein, rights, easements,
153	and franchises of any nature whatsoever relating to any such
154	system and necessary or convenient for the operation thereof. It
155	shall embrace wells for supplying water located or to be located
156	on the Florida mainland, including a pipeline or aqueduct from
157	such wells to a point at or near the City of Key West, and shall
158	include the water distribution system acquired by the Authority
159	from the City of Key West, and any interest the Authority may
160	have in and to the water supply system or any part thereof by
161	contract with the department.
162	(8)  "Sewer system" means any plant, system, facility, or
163	property and additions, extensions, and improvements thereto at
164	any future time constructed or acquired as part thereof, useful
165	or necessary or having the present capacity for future use in
166	connection with the collection, treatment, purification, or
167	disposal of sewage, including, without limitation, industrial
168	wastes resulting from any processes of industry, manufacture,
169	trade, or business or from the development of any natural
170	resources, and, without limiting the generality of the
171	foregoing, shall include treatment plants, pumping stations,
172	lift stations, valve, force mains, intercepting sewers,
173	laterals, pressure lines, mains, and all necessary appurtenances
174	and equipment, all sewer mains, laterals, and other devices for
175	the reception and collection of sewage from premises connected
176	therewith, and all real and personal property and any interest
177	therein, rights, easements, and franchises of any nature
178	whatsoever relating to any such system and necessary or
179	convenient for the operation thereof. The terms "wastewater" and
180	"wastewater system" shall be construed as synonymous with the
181	terms "sewer" and "sewer system" for all purposes under this
182	act.
183	Section 4.  Board of directors; organization;
184	qualification; term of office; quorum.--The Board of Directors
185	of the Florida Keys Aqueduct Authority shall be the governing
186	body of the Authority and shall, subject to the provisions of
187	this act, exercise the powers granted to the Authority under
188	this act. The board of directors shall consist of five members
189	appointed by the Governor who shall each represent one of five
190	districts which shall be conterminous with the districts of the
191	Board of County Commissioners of Monroe County. Each member of
192	the board of directors shall be a registered elector within
193	Monroe County and shall have been a resident of the district for
194	6 months prior to the date of his or her appointment. The
195	members shall be appointed by the Governor for terms of 4 years
196	each, except that any appointment to fill a vacancy shall be for
197	the unexpired portion of the term. The board shall elect any one
198	of its members as chair and shall also elect any one of its
199	members as secretary-treasurer. A majority of the members of the
200	board shall constitute a quorum. No vacancy in the board shall
201	impair the right of a quorum to exercise all the rights and
202	perform all of the duties of the board. All members of the board
203	shall be required to be bonded. Any vacancy occurring on the
204	board shall be filled by appointment by the Governor for the
205	duration of the unexpired term.
206	Section 5.  Records of board of directors.--The board of
207	directors shall keep a permanent record book entitled "Record of
208	Governing Board of Florida Keys Aqueduct Authority" in which
209	shall be recorded minutes of all meetings, resolutions,
210	proceedings, certificates, and bonds given by employees and any
211	and all acts, which book shall at reasonable times be open to
212	public inspection. Such record book shall be kept at an office
213	or other regular place of business maintained by the board of
214	directors in Monroe County. The board shall keep a current
215	inventory of all real and tangible personal property owned or
216	leased by the Authority in the above referenced record book.
217	Section 6.  Compensation of the board.--Each member shall
218	be entitled to receive for such services a fee of $337 per
219	meeting, not to exceed 3 meetings per month. In addition, each
220	board member shall receive reasonable expenses which shall not
221	be in excess of the amounts provided by law for state and county
222	officials in chapter 112, Florida Statutes. The compensation
223	amount for the members of the board provided for in this section
224	shall be adjusted annually based upon the index provided for
225	pursuant 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
228	bond to the Governor in the amount of $10,000 with a qualified
229	surety to secure his or her faithful performance of his or her
230	powers and duties. The board of directors shall require a
231	certified audit of the books of the Authority at least once a
232	year at the expense of the Authority. Such audit shall be
233	available for public inspection and a notice of the availability
234	of the audit shall be published in a newspaper published in
235	Monroe County at least once within 6 months after the end of
236	each fiscal year. The legislative auditor may audit the
237	Authority at any time.
238	(2)  The board of directors is authorized to select
239	depositories in which the funds of the board and of the
240	Authority shall be deposited. Any banking corporation organized
241	under the laws of the state or under the National Banking Act
242	doing business in the state upon such terms and conditions as to
243	the payment of interest by such depository upon the funds so
244	deposited as the board may deem just and reasonable.
245	(3)  The board of directors may employ a fiscal agent who
246	shall be either a resident of the state or a corporation
247	organized under the laws of this or any other state and who
248	shall assist in the keeping of the books, the collection of
249	fees, and the remitting of funds to pay maturing bonds and
250	coupons and perform such other or additional services and duties
251	as fiscal agent and receive such compensation as the board of
252	directors may determine.
253	(4)  The board of directors shall cause a copy of the
254	proposed budget of the Authority to be published in a newspaper
255	published in Monroe County at least once not later than 60 days
256	prior to the date the fiscal year begins. The board shall hold a
257	public hearing and adopt such budget at least 30 days prior to
258	such date.
259	Section 8.  Powers and duties of the board of
260	directors.--Except as otherwise provided in this act, all of the
261	powers and duties of the Authority shall be exercised by and
262	through the board of directors. Without limiting the generality
263	of the foregoing, the board shall have the power and authority
264	to:
265	(1)  Employ engineers, contractors, consultants, attorneys,
266	auditors, agents, employees, and representatives, as the board
267	of directors may from time to time determine, on such terms and
268	conditions as the board of directors may approve, and fix their
269	compensation and duties.
270	(2)  Maintain an office at such place or places as it may
271	designate.
272	(3)  Enter or direct entry upon any lands, premises,
273	waters, or other property subject to the requirements of due
274	process as to privately owned property.
275	(4)  Execute all contracts and other documents, adopt all
276	proceedings, and perform all acts determined by the board of
277	directors as necessary or advisable to carry out the purposes of
278	this act. The board may authorize the chair or vice chair to
279	execute contracts and other documents on behalf of the board or
280	the Authority. The board may appoint a person to act as general
281	manager of the Authority having such official title, functions,
282	duties, and powers as the board may prescribe. The general
283	manager shall not be a member of the board.
284	Section 9.  Powers of the Authority.--In addition to and
285	not in limitation of the powers of the Authority, it shall have
286	the following powers:
287	(1)  To sue and be sued by its name in any court of law or
288	in equity.
289	(2)  To adopt and use a corporate seal and to alter the
290	same at pleasure.
291	(3)  To acquire property, real, personal, or mixed within
292	or without its territorial limits in fee simple or any lesser
293	interest or estate by purchase, gift, devise, or lease on such
294	terms and conditions as the board of directors may deem
295	necessary or desirable and by condemnation (subject to
296	limitations herein below). The Authority shall provide
297	information and assistance to Monroe County for use in preparing
298	its comprehensive plan with respect to the availability of water
299	and wastewater facilities. Except in cases of emergency, the
300	purchase of sole source items, or when the board determines that
301	delay would be detrimental to the interests of the Authority,
302	equipment shall be purchased in accordance with part I of
303	chapter 287, Florida Statutes. All provided that the board of
304	directors determines that the use or ownership of such property
305	be necessary in the furtherance of a designated lawful purpose
306	authorized under the provisions of this act. However, the
307	Authority may purchase equipment or material without competitive
308	bid, regardless of price, when the manufacturer of such
309	equipment or material refuses to bid on the equipment or
310	material and the board determines that the public interest would
311	be served and substantial savings would result if the equipment
312	or material were purchased directly from the manufacturer. In
313	all such cases the board shall enter a record of such purchase
314	in the "Record of Governing Board of Florida Keys Aqueduct
315	Authority." The Authority is specifically excluded from the
316	provisions of section 253.03(6), Florida Statutes, and has the
317	authority to hold title to property in its own name and to
318	acquire easements or rights-of-way, with or without
319	restrictions, within or without the limits of the Authority. The
320	state may convey to the Authority rights-of-way over any of the
321	lands and structures belonging to the state or any of its
322	agencies for the purpose of constructing, maintaining,
323	supplying, establishing, and regulating the works and projects
324	involved in the wastewater system or the water supply and
325	distribution systems authorized by this act. To mortgage, hold,
326	manage, control, convey, lease, sell, grant, or otherwise
327	dispose of the same and any of the assets and properties of the
328	Authority without regard to chapter 273, Florida Statutes.
329	(4)  Whenever deemed necessary or desirable by the board of
330	directors, to lease as lessor or lessee, to or from any person,
331	firm, corporation, association, or body, public or private, any
332	projects of the type that the Authority is authorized to
333	undertake and facilities or property of any nature for the use
334	of the Authority to carry out any of the purposes of the
335	Authority.
336	(5)  The Authority shall in its discretion have the power
337	upon resolution duly passed to insure its property in accordance
338	with the State Risk Management Trust Fund as provided by chapter
339	284, Florida Statutes.
340	(6)  To exercise within or without the territorial limits
341	of the Authority the right and power of eminent domain in all
342	cases and under all circumstances provided for in chapter 73,
343	Florida Statutes, and amendments thereto. In addition to and not
344	in limitation of the foregoing, the Authority may also exercise
345	the right and power of eminent domain for the purpose of
346	condemning any real, personal, or mixed property, public or
347	private, including, without limitation, the property owned by
348	any political body or municipal corporation which the board of
349	directors shall deem necessary for the use of, construction, or
350	operation of any of the projects of the Authority or otherwise
351	to carry out any of the purposes of the Authority. The power of
352	condemnation shall be exercised in the same manner as now
353	provided by the general laws of the state. In any proceeding
354	under this act or under chapter 73, Florida Statutes, for the
355	taking of property by eminent domain or condemnation, the board
356	of directors is authorized to file declaration of taking
357	immediate possession of the property before the final trial by
358	making deposit as to value as provided by the general statutes,
359	and shall have all of the benefits provided by chapters 73 and
360	74, Florida Statutes, and amendments thereto, or any other
361	statutes of the state which give the right to immediate taking
362	and possession. No public or private body and no agency or
363	authority of the state or any political subdivision thereof
364	shall exercise the power of eminent domain or condemnation with
365	respect to any of the properties, easements, or rights owned by
366	the Authority and lying within the Authority's jurisdiction,
367	except with the concurrence of the board of directors of the
368	Authority which shall not be unreasonably withheld.
369	(7)  To own, acquire, construct, reconstruct, equip,
370	operate, maintain, extend, and improve water systems; to
371	regulate the use of and supply of water including rationing, and
372	regulations to enforce rationing, within the Authority
373	boundaries, and pipes and water mains, conduits or pipelines,
374	in, along, or under any street, alley, highway, or other public
375	places or ways within or without the boundaries of the Authority
376	when deemed necessary or desirable by the board of directors in
377	accomplishing the purposes of this act.
378	(8)  To issue bonds or other obligations authorized by the
379	provisions of this act or any other law or any combination of
380	the foregoing to pay all or part of the cost of the acquisition
381	or construction, reconstruction, extension, repair, improvement,
382	maintenance, or operation or any project or combination of
383	projects. To provide for any facility, service, or other
384	activity of the Authority and to provide for the retirement or
385	refunding of any bonds or obligations of the Authority or for
386	any combination of the foregoing purposes.
387	(9)(a)  To purchase, construct, and otherwise acquire and
388	to improve, extend, enlarge, and reconstruct a sewage disposal
389	system or systems and to purchase and/or construct or
390	reconstruct sewer improvements and to operate, manage, and
391	control all such systems so purchased and/or constructed and all
392	properties pertaining thereto and to furnish and supply sewage
393	collection and disposal services to any municipalities and any
394	persons, firms, or corporations, public or private; to prohibit
395	or regulate the use and maintenance of outhouses, privies,
396	septic tanks, or other sanitary structures or appliances within
397	the Authority boundaries, provided that prior to prohibiting the
398	use of any such facilities adequate new facilities must be
399	available; to prescribe methods of pretreatment of waste not
400	amenable to treatment; to refuse to accept such waste when not
401	sufficiently pretreated as may be prescribed and to prescribe
402	penalties for the refusal of any person or corporation to so
403	pretreat such waste; to sell or otherwise dispose of the
404	effluent, sludge, or other by-products as a result of sewage
405	treatment and to construct and operate connecting or
406	intercepting outlets, sewers and sewer mains and pipes and water
407	mains, conduits, or pipelines in, along, or under any street,
408	alley, or highway, within or without the Authority boundaries
409	when deemed necessary or desirable by the board of directors in
410	accomplishing the purposes of this act, with the consent of the
411	agency owning or controlling same. All such regulation herein
412	authorized shall comply with the standards and regulations
413	pertaining to same as promulgated by the Department of Health
414	and by the Department of Environmental Protection.
415	(b)  The Authority shall have the power to create sewer
416	districts comprising any area within the geographic boundaries
417	of the Authority. However, the boundaries of any such sewer
418	district shall not be established until approved by majority
419	vote of the Board of County Commissioners of Monroe County,
420	after a public hearing duly noticed and advertised. Any portion
421	or portions of the sewer system within a district and of benefit
422	to the premises or land served thereby shall be deemed
423	improvements and shall include, without being limited to,
424	laterals and mains for the collection and reception of sewage
425	from premises connected therewith, local or auxiliary pumping or
426	lift stations, treatment plants or disposal plants, and other
427	pertinent facilities and equipment for the collection,
428	treatment, and disposal of sewage. The board may impose fees and
429	charges sufficient to obtain bond or other financing for sewer
430	projects. Such charges shall be a lien upon any such parcel of
431	property superior and paramount to any interest except the lien
432	of county or municipal taxes and shall be on a parity with any
433	such taxes. All operational and financial records of each
434	district shall be separately maintained and open to public
435	inspection.
436	(c)  To exercise exclusive jurisdiction, control, and
437	supervision over any sewer systems owned or operated and
438	maintained by the Authority and to make and enforce such rules
439	and regulations for the maintenance and operation of any sewer
440	systems as may be in the judgment of the Authority necessary or
441	desirable. However, such jurisdiction shall not conflict with
442	chapter 403, Florida Statutes, and rules of the Department of
443	Environmental Protection.
444	(d)  To restrain, enjoin, or otherwise prevent the
445	violation of this law or of any resolution, rules, or
446	regulations adopted pursuant to the powers granted by this law.
447	(e)  To require and enforce the use of its facilities
448	whenever and wherever they are accessible.
449	(f)  To approve or disapprove all subdivision plats and to
450	provide for compliance with sewer standards, rules, and
451	regulations. No subdivision plat or property located within the
452	geographic boundaries of the Authority shall be recorded until
453	approval of the board is obtained. The board shall have the
454	power to require a surety bond from any developer to ensure
455	compliance with sewer requirements of the board.
456	(g)  In addition to the other provisions and requirements
457	of this law, any resolution authorizing the issuance of revenue
458	bonds, assessment bonds, or any other obligations issued
459	hereunder may contain provisions and the Authority Board is
460	authorized to provide and make covenants and agree with several
461	holders of such bonds as to:
462	1.  Reasonable deposits with the Authority in advance to
463	ensure the payments of rates, fees, or charges for the
464	facilities of the system.
465	2.  Discontinuance of the services and facilities of any
466	water system for delinquent payments for sewer services and the
467	terms and conditions of the restoration of such service.
468	3.  Contracts with private or public owners of sewer
469	systems not owned and operated by the Authority for the
470	discontinuance of service to any users of the sewer systems.
471	4.  Regulate the construction, acquisition, or operation of
472	any plant, structure, facility, or property which may compete
473	with any sewer system.
474	5.  The manner and method of paying service charges and
475	fees and the levying of penalties for delinquent payments.
476	6.  Any other matters necessary to secure such bonds and
477	the payment of such principal and interest thereof.
478	(h)  In the event that fees, rates, and charges for
479	services and facilities of any sewer system shall not be paid as
480	and when due, the Authority shall be empowered to discontinue
481	furnishing water services as provided in section 16 of this act.
482	(i)  Any sewer systems within the geographic boundaries of
483	the Authority may be combined into a single consolidated system
484	for purposes of financing or of operation and administration or
485	both. However, no water system may be combined with any sewer
486	system for purposes of financing.
487	(j)  The Authority is hereby authorized to adopt by
488	reference and utilize or take advantage of any of the provisions
489	of chapters 100, 153, 159, and 170, Florida Statutes.
490	(k)  The Authority shall have power to contract with any
491	person, private or public corporation, the State of Florida, or
492	any agency, instrumentality or county, municipality, or
493	political subdivision thereof, or any agency, instrumentality or
494	corporation of or created by the United States of America, with
495	respect to such wastewater system or any part thereof.  The
496	Authority shall also have power to accept and receive grants or
497	loans from the same, and in connection with any such contract,
498	grant or loan, to stipulate and agree to such covenants, terms,
499	and conditions as the governing body of the Authority shall deem
500	appropriate.
501	(l)  To make or cause to be made such surveys,
502	investigations, studies, borings, maps, drawings, and estimates
503	of cost and revenues as it may deem necessary, and to prepare
504	and adopt a comprehensive plan or plans for the location,
505	relocation, construction, improvement, revision and development
506	of the wastewater system.
507	(m)  That subject to covenants or agreement with
508	bondholders contained in proceedings authorizing the issuance of
509	bonds pursuant to this act, the Authority shall have the power
510	to lease said wastewater system or any part or parts thereof, to
511	any person, firm, corporation, association, or body, upon such
512	terms and conditions and for such periods of time as shall be
513	determined by the governing body.  The Authority shall also,
514	whenever desirable, have power to grant permits or licenses in
515	connection with any of the facilities of such wastewater system,
516	and shall have full and complete power to do all things
517	necessary and desirable for the proper and efficient
518	administration and operation of such wastewater system and all
519	parts thereof.  The Authority shall also have power, whenever
520	deemed necessary or desirable and subject to covenants and
521	agreements with bondholders, to lease from any person, firm,
522	corporation, association, or body, any facilities of any nature
523	for such wastewater system.
524	(n)  That charges shall be levied by the Authority against
525	its own books or against Monroe County with respect to providing
526	any facilities or services rendered by such wastewater system to
527	the Authority or to Monroe County or to any other political
528	subdivision or public body or agency which receives wastewater
529	system services, or to any department or works thereof, at the
530	rate or rates applicable to other customers or users taking
531	facilities or services under similar conditions.  Revenues
532	derived from such facilities or services so furnished shall be
533	treated as all other revenues of the wastewater system.
534	(o)  Neither Monroe County, nor any municipality or special
535	district therein, shall exercise any present or future power,
536	pursuant to law, to interfere with the Authority's jurisdiction
537	and operation of the wastewater system in such a manner as to
538	impair or adversely affect the covenants and obligations of the
539	Authority under agreement relating to its bonds or other debts.
540	(p)  The Authority shall have exclusive jurisdiction over
541	the administration, maintenance, development, and provision of
542	wastewater system services in Monroe County with the exception
543	of the Key Largo Wastewater Treatment District as defined in
544	chapter 2002-337, Laws of Florida, consisting of Key Largo,
545	including all lands east of Tavernier Creek, including
546	Tavernier, Key Largo, and Cross Key, but excluding Ocean Reef,
547	the City of Key West, the City of Key Colony Beach, the City of
548	Layton, and Islamorada, Village of Islands unless such areas
549	shall choose to grant the Authority such jurisdiction, and the
550	Authority's wastewater system authorized hereunder shall be the
551	exclusive provider of wastewater system services and no
552	franchise or grant of power to any other entity or provider
553	shall be lawful unless preapproved by the Authority. The
554	Authority shall have the power to regulate the use of, including
555	prohibiting the use of or mandating the use of, specific types
556	of wastewater facilities and, notwithstanding any other
557	provisions hereof, shall be authorized to prescribe the specific
558	type of wastewater treatment facility or measures required to be
559	utilized within the boundaries of the Authority, including, but
560	not limited to, requiring the use of septic tanks in lieu of
561	cess pits, the mandatory hook up to specific wastewater
562	treatment plants, requiring upgrades be undertaken to on site
563	wastewater systems, and any other combination of the foregoing
564	in order to manage effluent disposal and wastewater matters.
565	(10)  In addition to the powers specifically provided in
566	this chapter, the Authority shall have the power to own,
567	acquire, construct, reconstruct, equip, operate, maintain,
568	extend, and improve such other related projects as the board of
569	directors may in its discretion find necessary or desirable to
570	accomplish the primary purpose of this act which is to supply
571	water and sewer services and facilities to the Florida Keys. The
572	Authority is hereby authorized to adopt by reference and utilize
573	or take advantage of any of the relevant provisions of chapter
574	100, chapter 153, chapter 159, or chapter 170, Florida Statutes.
575	Section 10.  Rules.--Upon reasonable advance notice to the
576	public and an opportunity for all persons to be heard on the
577	matter, the board shall adopt bylaws, rules, resolutions,
578	regulations, and orders prescribing the powers, duties, and
579	functions of the members of the board and employees of the
580	Authority, the conduct of the business of the Authority, the
581	maintenance of records of the Authority, and shall adopt
582	administrative rules and regulations with respect to any of the
583	projects of the Authority.
584	Section 11.  Exercise by Authority of powers within
585	municipalities.--The Authority shall have the power to exercise
586	any of its rights, powers, privileges, and authorities in any
587	and all portions of the geographical limits of the Authority
588	lying within the boundaries of any municipal corporation or
589	other political subdivision, heretofore or hereafter created or
590	organized, whose boundaries lie wholly or partly within the
591	geographic limits of the Authority, to the same extent and in
592	the same manner as in areas of the Authority not incorporated as
593	part of a municipality or other political subdivision.
594	Section 12.  Furnishing facilities and services within the
595	Authority territory.--
596	(1)  The Authority shall have the power to construct,
597	maintain, and operate its projects within the geographic limits
598	of the Authority, including any portions of the Authority
599	located inside the boundaries of any incorporated municipalities
600	or other political subdivisions and to offer, supply, and
601	furnish the facilities and services provided for in this act.
602	(2)  The Authority shall have the power to collect fees,
603	rentals, and other charges from persons, firms, corporations,
604	municipalities, counties, the Federal Government, the
605	department, political subdivisions, and other public or private
606	agencies or bodies within the geographic limits of the Authority
607	and for the use of the Authority itself.
608	Section 13.  Maintenance of projects across rights-of-
609	way.--The Authority shall have the power to construct and
610	operate its projects in, along, or under any streets, alleys,
611	highways, or other public places or ways, and across any drain,
612	ditch, canal, floodwater, holding basin, excavation, railroad
613	right-of-way, track, grade, fill, or cut. However, just
614	compensation shall be paid by the Authority for any private
615	property taken or damaged by the exercise of such power.
616	Section 14.  Fees, rentals, and charges; procedure for
617	adoption and modification; minimum revenue requirements.--
618	(1)  The Authority shall have the power to prescribe, fix,
619	establish, and collect rates, fees, rentals, or other charges
620	(hereinafter sometimes referred to as revenue) and to revise the
621	same from time to time for the facilities and services furnished
622	or to be furnished by the Authority and to provide for
623	reasonable penalties against any user for any such rates, fees,
624	rentals, or other charges that are delinquent.
625	(2)  Such rates, fees, rentals, and charges shall be just
626	and equitable and, except as provided herein, uniform for users
627	of the same class and, where appropriate, may be based or
628	computed either upon the amount of service furnished or upon the
629	number or average number of persons working or residing or
630	working or otherwise occupying the premises served or upon any
631	other factor affecting the use of the facilities furnished, or
632	upon any combination of the foregoing factors as may be
633	determined by the board of directors on an equitable basis.  The
634	Authority may prescribe, fix, and establish a special lower
635	rate, fee, rental, or other charge on the residential account of
636	any person who is 60 years of age or older or a totally and
637	permanently disabled American veteran on the date of
638	application, who meets the low income standards adopted by the
639	board and who applies for such special lower rate, fee, rental,
640	or other charge between the months of January and December,
641	inclusive, of each year.  As used in this section "residential
642	account" means an account for a person residing in a house,
643	mobile home, condominium, apartment, or other housing unit.  The
644	application shall include the submission of an affidavit stating
645	that the applicant is 60 years of age or older or a totally and
646	permanently disabled American veteran . The submission of the
647	affidavit shall be prima facie evidence of the applicant's age
648	or disability.  The application shall also include the annual
649	income of the applicant.
650	(3)  The rates, fees, rentals, or other charges prescribed
651	shall be such as will produce revenues at least sufficient to
652	provide for the items hereinafter listed but not necessarily in
653	the order stated:
654	(a)  To provide for all costs, expenses of operation, and
655	maintenance of such facility or service for such purpose.
656	(b)  To pay, when due, all bonds and interest thereon for
657	the payment of which such revenues are or shall have been
658	pledged or encumbered, including reserves for such purposes.
659	(c)  To provide for any other funds which may be required
660	on the resolution or resolutions authorizing issuance of bonds
661	pursuant to this act.
662	(4)  No rate, fee, rental, or other charge may be
663	established resulting in increased costs for service to the
664	customer nor may any rate, fee, rental, or other charge be
665	increased by the Authority until a public hearing has been held
666	relating to the proposed increase in the City of Key West, and
667	in the Marathon and the upper Keys areas.  However, if the
668	proposed rule affects wastewater only in a single wastewater
669	district and affects rates, fees, or other charges that could
670	result in increased costs of service to the customer, no rate,
671	fee, rental, or other charge may be increased by the Authority
672	until two advertised public hearings have been held relating to
673	the proposed increase at a site convenient to the public located
674	in the district area.  Such public hearings shall not occur
675	within 15 days of each other.
676	Section 15.  Recovery of delinquent charges.--In the event
677	that any of the rates, fees, rentals, charges, or delinquent
678	penalties shall not be paid as when due and shall be in default
679	for 30 days or more, the unpaid balance thereof and all interest
680	accrued thereon together with attorneys' fees and costs may be
681	recovered by the Authority in a civil action and in accordance
682	with any covenant in any bond indenture of the Authority.  The
683	board shall have the authority to impose a service charge in
684	accordance with section 832.07(1)(a), Florida Statutes upon the
685	maker or drawer of any check, draft, or order in payment of any
686	such rate, fee, rental, charge or delinquent penalty, for which
687	payment is refused by the drawee because of lack of funds or
688	credit.
689	Section 16.  Discontinuance of service.--In the event that
690	the fees, rentals, or other charges for the services and
691	facilities of any project are not paid when due, the board of
692	directors shall have the power to discontinue and shut off the
693	same until such fees, rentals, or other charges, including
694	interest, penalties, and charges for the shutting off or
695	discontinuance and the restoration of such services and
696	facilities, are fully paid, and for such purposes may enter on
697	any lands, waters, and premises of any person, firm,
698	corporation, or other body, public or private.  Such delinquent
699	fees, rentals, or other charges together with interest,
700	penalties, and charges for the shutting off and discontinuance
701	and the restoration of such services and facilities and
702	reasonable attorneys' fees and other expenses may be recovered
703	by the Authority by suit in any court of competent jurisdiction.
704	The Authority may also enforce payment of such delinquent fees,
705	rentals, or other charges by any other lawful method of
706	enforcement.
707	Section 17.  Remedies.--Any holder of bonds issued under
708	the provisions of this act or of any of the coupons appertaining
709	thereto, and the trustee under the trust indenture, if any,
710	except to the extent the rights herein given may be restricted
711	by resolution passed before the issuance of the bonds or by the
712	trust indenture, may, either at law or in equity, by suit,
713	action, mandamus, or other proceeding, protect and enforce any
714	and all rights under the laws of the State of Florida or granted
715	hereunder or under such resolution or trust indenture, and may
716	enforce or compel performance of all duties required by this act
717	or by such resolution or trust indenture to be performed by the
718	Authority or any officer thereof, including the fixing,
719	charging, and collecting of rates and other charges for both
720	water furnished by the waterworks system and wastewater
721	treatment furnished by the wastewater system.
722	Section 18.  Receiver.--
723	(1)  In the event that the Authority shall default in the
724	payment of the principal of or the interest on any of the bonds
725	as the same shall become due, whether at maturity or upon call
726	for redemption, and such default shall continue for a period of
727	45 days, or in the event that the Authority or the officers,
728	agents, or employees of the Authority shall fail or refuse to
729	comply with the provisions of this act or shall default in any
730	agreement made with the holders of the bonds, any holder of
731	bonds, subject to the provisions of the resolution authorizing
732	the same or the trust indenture, or the trustee therefor, shall
733	have the right to apply in any appropriate judicial proceeding
734	to the Circuit Court in any court of competent jurisdiction, for
735	the appointment of a receiver of the waterworks system,
736	excluding however, the aqueduct, whether or not all bonds shall
737	have been declared due and payable and whether or not such
738	holder or trustee is seeking or has sought to enforce any other
739	right or to exercise any other remedy in connection with such
740	bonds, and, upon such application, the court may appoint such
741	receiver.
742	(2)  The receiver so appointed shall forthwith, directly or
743	by his agents and attorneys, enter into and upon and take
744	possession of such portion of the waterworks system and may
745	exclude the Authority, its officers, agents, and employees and
746	all persons claiming under them, wholly therefrom and shall
747	have, hold, use, operate, manage, and control the same in the
748	name of the Authority or otherwise, as the receiver may deem
749	best, and shall exercise all the rights and powers of the
750	Authority with respect thereto as the Authority itself might do.
751	Whenever all defaults shall have been cured and made good, the
752	court may, in its discretion, and after such notice and hearing
753	as it deems reasonable and proper, direct the receiver to
754	surrender possession of such property to the Authority.  The
755	same right to secure the appointment of a receiver shall exist
756	upon any subsequent default as hereinabove provided.
757	(3)  Notwithstanding anything in this section to the
758	contrary, any such receiver shall have no power to sell, assign,
759	mortgage, or otherwise dispose of any assets of whatever kind or
760	character belonging to the Authority and useful for the
761	waterworks system, and the authority of any such receiver shall
762	be limited to the operation and maintenance of such portion of
763	the system as may be placed in receivership and no court shall
764	have jurisdiction to enter any order or decree requiring or
765	permitting such receiver to sell, mortgage, or otherwise dispose
766	of any such assets.
767	Section 19.  Agreements with public and private parties
768	concerning the furnishing of facilities and services.--The
769	Authority shall have the power to enter into agreements with any
770	person, firm, or corporation, public or private, for the
771	furnishing by such person, firm, or corporation of any
772	facilities and services of the type provided for in this act to
773	the Authority, and for or on behalf of the Authority to persons,
774	firms, corporations, and other public or private bodies and
775	agencies to whom the Authority is empowered under this act to
776	furnish facilities and services.
777	Section 20.  Exclusive jurisdiction of projects and
778	finances.--
779	(1)  The board of directors shall have exclusive
780	jurisdiction and control, except as otherwise provided herein
781	and as to the quality and manner of discharge of effluent, over
782	the projects of the Authority without limitation as to
783	expenditures and appropriations except to the extent otherwise
784	provided in this act and to the extent that the board of
785	directors may by agreement with any other public or private body
786	authorize the same to exercise jurisdiction or control of any of
787	the projects of the Authority. It shall not be necessary for the
788	Authority to obtain any certificate of convenience or necessity,
789	franchise, license, permit, or authorization from any bureau,
790	board, commission, or like instrumentality of the state or any
791	political subdivision thereof in order to construct,
792	reconstruct, acquire, extend, repair, improve, maintain, or
793	operate any project and the rates, fees, or other charges to be
794	fixed and collected with respect to the facilities and service
795	of the Authority shall not be subject to supervision,
796	regulation, or the rate-setting power of any bureau, board,
797	commission, or other agency of the state or any political
798	subdivision thereof.
799	(2)  Except as otherwise provided in this act, the budget
800	and finances of the Authority, including without limitation
801	expenditures and appropriations, and the exercise by the board
802	of directors of the powers herein provided, shall not be subject
803	to the requirements or limitations of chapter 216, Florida
804	Statutes.
805	Section 21.  Revenue bonds.--
806	(1)  The Authority shall have the power to issue revenue
807	bonds from time to time without limitation as to amount.  Such
808	revenue bonds may be secured by or payable from the gross amount
809	or net pledge of the revenues to be derived from any project or
810	combination of projects from the rates, fees, or other charges
811	to be collected from the users of any project or projects from
812	any revenue-producing undertaking or activity of the Authority
813	or from any other source or pledged security.  Such bond shall
814	not constitute an indebtedness of the Authority.
815	(2)  Any two or more projects may be combined and
816	consolidated into a single project and may thereafter be
817	operated and maintained as a single project.  The revenue bonds
818	authorized herein may be issued to finance any one or more such
819	projects separately or to finance two or more such projects
820	regardless of whether such projects have been combined and
821	consolidated into a single project.  If the board of directors
822	deems it advisable, the proceedings authorizing such revenue
823	bonds may provide that the Authority may thereafter combine the
824	projects then being financed or theretofore financed with other
825	projects to be subsequently financed by the Authority, and that
826	revenue bonds to be thereafter issued by the Authority shall be
827	on parity with the revenue bonds then being issued, all on such
828	terms, conditions, and limitations as shall be provided and may
829	further provide that the revenues to be derived from the
830	subsequent projects shall at the time of the issuance of such
831	parity revenue bonds be also pledged to the holders of any
832	revenue bonds theretofore issued to finance the revenue
833	undertakings which are later combined with such subsequent
834	projects.  The Authority may pledge for the security of the
835	revenue bonds a fixed amount without regard to any proportion of
836	the gross revenues of any project.
837	Section 22.  Refunding bonds.--The Authority shall have the
838	power to issue bonds to provide for the retirement or refunding
839	of any bonds or obligations of the Authority that at the time of
840	such issuance are or subsequently thereto become due and payable
841	or that at the time of issuance have been called or will be
842	subject to call for redemption within 10 years thereafter or the
843	surrender of which can be procured from the holders thereof at
844	prices satisfactory to the board of directors.  Refunding bonds
845	may be issued at any time when in the judgment of the board of
846	directors such issuance will be advantageous to the Authority.
847	The board of directors may, by resolution, confer upon the
848	holders of such refunding bonds all rights, powers, and remedies
849	to which the holders would be entitled if they continued to be
850	the owners and had possession of the bonds for the refinancing
851	of which said refunding bonds are issued.
852	Section 23.  Lien of pledges.--All pledges of revenues and
853	assessments made pursuant to the provisions of this act shall be
854	valid and binding from the time when such pledges are made.  All
855	such revenues and assessments so pledged and thereafter
856	collected shall immediately be subject to the lien of such
857	pledges without any physical delivery thereof or further action
858	and the lien of such pledges shall be valid and binding as
859	against all parties having claims of any kind in tort, contract,
860	or otherwise against the Authority irrespective of whether such
861	parties have notice thereof.
862	Section 24.  Issuance of bond anticipation notes.--In
863	addition to the other powers applied for in this act and not in
864	limitation thereof, the Authority shall have the power at any
865	time and from time to time after the issuance of any bonds of
866	the Authority shall have been authorized, to borrow money for
867	the purposes for which such bonds are to be issued in
868	anticipation of the receipt of the proceeds of the sale of such
869	bonds and to issue bond anticipation notes in a principal amount
870	not in excess of the authorized maximum amount of such bond
871	issues. Such notes shall be in such denominations and bear
872	interest at such rate or rates, mature at such time or times not
873	later than 5 years from the date of issuance and be in such form
874	and executed in such manner as the board of directors shall
875	prescribe. Such notes may be sold at either public or private
876	sale or if such notes shall be renewable, notes may be exchanged
877	for notes then outstanding on such terms as the board of
878	directors shall determine.  Said notes shall be paid from the
879	proceeds of such bonds when issued.
880	Section 25.  Short term borrowing.--The Authority at any
881	time may obtain loans in such amount and on such terms and
882	conditions as the board of directors may approve for the purpose
883	of paying any of the expenses of the Authority or any costs
884	incurred or that may be incurred in connection with any of the
885	projects of the Authority, which loan shall have a term not
886	exceeding 3 years from the date of issuance thereof and may be
887	renewable for a like term or terms, shall bear interest not in
888	excess of the prevailing rate available for loans of similar
889	terms and amounts at commercial lending institutions licensed by
890	the Federal Government or the State, may be payable from and
891	secured by a pledge of such funds, revenues, and assessments as
892	the board of directors may determine.  For the purpose of
893	defraying such costs and expenses the Authority may issue
894	negotiable notes, warrants, and other evidences of debts signed
895	on behalf of the Authority by any one of the board of directors
896	to be authorized by the board.
897	Section 26.  Trust agreements.--In the discretion of the
898	board of directors, any issue of bonds may be secured by a trust
899	agreement by and between the Authority and a corporate trustee
900	or trustees which may be any trust company or bank having the
901	powers of a trust company within or without the state.  The
902	resolution authorizing the issuance of the bonds or such trust
903	agreements may pledge the revenues to be received from any
904	projects of the Authority and may contain such provision for
905	protecting and enforcing the rights and remedies of the
906	bondholders as the board of directors may approve, including
907	without limitation covenants setting forth the duties of the
908	Authority in relation to the acquisition, construction,
909	reconstruction, improvement, maintenance, repair, operation, and
910	insurance of any project, the fixing and revising of the rates,
911	fees, and charges and the custody safeguarding and application
912	of all moneys, and for the employment of counseling engineers in
913	connection with such acquisition, construction, reconstruction,
914	improvement, maintenance, repair, and operation.  It shall be
915	lawful for any bank or trust company incorporated under the laws
916	of the state which may act as a depository of the proceeds of
917	bonds or of revenues to furnish such indemnifying bonds or to
918	pledge such securities as may be required by the Authority.
919	Such resolution or trust agreement may set forth the rights and
920	remedies of the bondholders and of the trustee, if any, and may
921	restrict the individual right of action by bondholders.  The
922	board of directors may provide for the payment of proceeds from
923	the sale of the bonds and the revenues of any project to such
924	officer, board, or depositories as it may designate for the
925	custody thereof, and for the method of disbursement thereof with
926	such safeguards and restrictions as it may determine.  All
927	expenses incurred in carrying out the provision of such
928	resolution or trust agreement may be treated as part of the cost
929	of operation of the project to which such trust agreement
930	pertains.
931	Section 27.  Sale of bonds.--Bonds may be sold in blocks or
932	installments at different times, or an entire issue or series
933	may be sold at one time. Bonds shall be sold at public sale
934	after advertisement, but not in any event at less than 95
935	percent of the par value thereof, together with accrued interest
936	thereon.  Bonds may be sold or exchanged for refunding bonds.
937	Bonds may be delivered as payment by the Authority of the
938	purchase price or lease of any project or part thereof or a
939	combination of projects or parts thereof or as the purchase
940	price or exchanged for any property, real, personal or mixed,
941	including franchises or services rendered by any contractor,
942	engineer, or other person at one time or in blocks from time to
943	time and in such manner and upon such terms as the board of
944	directors in its discretion shall determine.
945	Section 28.  Authorization and form of bonds.--The Board
946	may by resolution authorize the issuance of bonds on either a
947	negotiated or competitive bid basis, fix the aggregate amount of
948	bonds to be issued, the purpose or purposes for which the moneys
949	derived therefrom shall be expended, the rate or rates of
950	interest.  The denomination of bonds, whether or not the bonds
951	are to be issued in one or more series, the date or dates
952	thereof, the date or dates of maturity, which shall not exceed
953	40 years from their respective dates of issuance, the medium of
954	payment, place or places within or without the state where
955	payment shall be made, registration, privileges (whether with or
956	without premium), the manner of execution, the form of the
957	bonds, including any interest coupons to be attached thereto,
958	the manner of execution of bonds and coupons, and any and all
959	other terms, covenants and conditions thereof, and the
960	establishment of reserve or other funds.
961	Section 29.  Interim certificates, replacement
962	certificates.--Pending the preparation of definitive bonds, the
963	board of directors may issue interim certificates or receipts or
964	temporary bonds, in such form and with such provision as the
965	board of directors may determine, exchangeable for definitive
966	bonds when such bonds have been executed and are available for
967	delivery.  The board of directors may also provide for the
968	replacement of any bonds which shall become mutilated or be lost
969	or destroyed.
970	Section 30.  Negotiability of bonds.--Any bond issued under
971	this act and any interim certificate, receipt, or temporary bond
972	shall, in the absence of an express recital on the face thereof
973	that it is nonnegotiable, shall be and constitute a negotiable
974	instrument within the meaning and for all purposes of the law
975	merchant, the U.C.C. and the laws of the State of Florida.
976	Section 31.  Bonds as legal investment or
977	security.--Notwithstanding any provisions of any other law to
978	the contrary, all bonds issued under provisions of this act
979	shall constitute legal investments for savings banks, trust
980	companies, insurance companies, executors, administrators,
981	trustees, guardians, and other fiduciaries, and for any board,
982	body, agency, instrumentality, county, municipality, or other
983	political subdivision of the state and shall be and constitute
984	securities which may be deposited by banks or trust companies as
985	security for deposit of the state, county, municipal, or other
986	public funds, or by insurance companies.
987	Section 32.  Validity of bonds.--Any bonds issued by the
988	Authority shall be incontestable in the hands of bona fide
989	purchasers or holders for value and shall not be invalid because
990	of any irregularity or defects in the proceedings for the issue
991	and sales thereof.  However, the Authority is not required to
992	obtain approval of the Bond Review Board as provided by chapter
993	215, Florida Statutes.
994	Section 33.  Pledge by the State of Florida to the
995	bondholders of the Authority and to the Federal Government.--The
996	State of Florida pledges to the holders of any bonds issued
997	under this act that it will not limit or alter the rights of the
998	Authority, to own, acquire, construct, reconstruct, improve,
999	maintain, operate, or furnish the projects or to levy rentals,
1000	rates, fees, or other charges provided for herein and to fulfill
1001	the terms of any agreement made with the holders of such bonds
1002	or other obligations, that it will not in any way impair the
1003	rights or remedies of the holders, and that it will not modify
1004	in any way the exemption for taxation provided in the act, until
1005	all such bonds, together with interest thereon, and all costs
1006	and expenses in connection with any action or proceeding by or
1007	on behalf of such holders, are fully met and discharged.  The
1008	State of Florida pledges to and agrees with the Federal
1009	Government that in the event the Federal Government or any
1010	agency or authority thereof shall construct or contribute any
1011	funds, materials, or property for the construction, acquisition,
1012	extension, improvement, enlargement, maintenance, operation, or
1013	furnishing of any project of the Authority, or any part thereof,
1014	the state will not alter or limit the rights and powers of the
1015	Authority in any manner which would be inconsistent with the
1016	continued maintenance and operation of such project, or any part
1017	thereof, on the improvement thereof, or which would be
1018	inconsistent with due performance of any agreement between the
1019	Authority and the Federal Government, and the Authority shall
1020	continue to have, and may exercise, all powers herein granted so
1021	long as the board of directors may deem the same necessary or
1022	desirable for carrying out the purposes of this act and the
1023	purposes of the Federal Government in the construction,
1024	acquisition, extension, improvement, enlargement, maintenance,
1025	operation, or furnishing of any projects of the Authority or any
1026	part thereof.
1027	Section 34.  Contracts, grants, and contributions.--The
1028	Authority shall have the power to make and enter into all
1029	contracts and agreements necessary or incidental to the
1030	performance or functions of the Authority and the execution of
1031	its powers, and to contract with, and to accept and receive
1032	grants or loans of money, material, or property from any person,
1033	private or public corporation, the State of Florida, or any
1034	agency or instrumentality thereof, any county, municipality, or
1035	other political subdivision, or any agency, instrumentality, or
1036	corporation of or created by the United States of America, or
1037	the United States of America, as the board of directors shall
1038	determine to be necessary or desirable to carry out the purpose
1039	of this act, and in connection with any such contract, grant, or
1040	loan to stipulate and agree to such covenants, terms, and
1041	conditions as the board of directors shall deem appropriate.
1042	Section 35.  Tax exemption.--As the exercise of the powers
1043	conferred by this act to effect the purposes of this act
1044	constitute the performance of essential public functions, and as
1045	the projects of the Authority will constitute public property
1046	used for public purposes, all assets and properties of the
1047	Authority and all bonds issued hereunder and interest paid
1048	thereon and all fees, charges, and other revenues derived by the
1049	Authority from the projects provided for by this act shall be
1050	exempt from all taxes by the state or any political subdivision,
1051	agency, or instrumentality thereof, except that this exemption
1052	shall not apply to interest earnings subject to taxation under
1053	chapter 220, Florida Statutes.
1054	Section 36.  Construction of Authority projects.--The board
1055	of directors shall have the power and authority to acquire,
1056	construct, reconstruct, extend, repair, improve, maintain, and
1057	operate any of the projects of the Authority, and to that end to
1058	employ contractors, to purchase machinery, to employ men to
1059	operate the same, and directly to have charge of and construct
1060	the projects of the Authority in such manner as the board of
1061	directors may determine . The Authority may undertake any such
1062	construction work with its own facilities, without public
1063	advertisement for bids.  The board of directors shall not be
1064	permitted to let contracts for projects of the Authority or for
1065	purchases without public advertising and the receiving of bids
1066	in accordance with such terms and conditions of chapter 287,
1067	Florida Statutes.  The board of directors shall let contracts to
1068	the lowest responsible bidder.  However, the board may, in its
1069	discretion, reject any and all bids.
1070	Section 37.  Enforcement and penalties.--The board of
1071	directors or any aggrieved person may have recourse to such
1072	remedies in law and equity as may be necessary to ensure
1073	compliance with the provisions of this act, including injunctive
1074	relief to enjoin or restrain any person violating the provisions
1075	of this act and any bylaws, resolutions, regulations, rules,
1076	codes, and orders adopted under this act, and the court shall,
1077	upon proof of such violation, have the duty to issue forthwith
1078	such temporary and permanent injunctions as are necessary to
1079	prevent such further violations thereof.
1080	Section 38.  Investment of funds.--The board of directors
1081	may, in its discretion, invest funds of the Authority in:
1082	(1)  Direct obligations of or obligations guaranteed by the
1083	United States of America or for the payment of principal and
1084	interest of which the faith and credit of the United States is
1085	pledged;
1086	(2)  Bonds or notes issued by any of the following Federal
1087	agencies: Bank for Cooperatives; Federal Intermediate Credit
1088	Banks; Federal Home Loan Banks System; Federal Land Banks; or
1089	the Federal National Mortgage Loan Association (including the
1090	debentures or participating certificates issued by such
1091	association);
1092	(3)  Public housing bonds issued by public housing
1093	authorities and secured by a pledge of annual contributions
1094	under an annual contribution contract or contracts with the
1095	United States of America;
1096	(4)  Bonds or other interest-bearing obligations of any
1097	county, district, city, or town located in the State of Florida
1098	for which the credit of such political subdivision is pledged;
1099	or
1100	(5)  Any investment authorized for insurers by chapter 625,
1101	Florida Statutes, inclusive and amendments thereto.
1102	Section 39.  Fiscal year of the Authority.--The board of
1103	directors has the power to establish and from time to time
1104	redetermine the fiscal year of the Authority.
1105	Section 40.  Severability of provision.--If any section,
1106	clause, sentence, amendment, or provision of this act or the
1107	application of such section, clause, sentence, amendment, or
1108	provision to any person or bodies or under any circumstances
1109	shall be held to be inoperative, invalid, or unconstitutional,
1110	the invalidity of such section, clause, sentence, amendment, or
1111	provision shall not be deemed held or taken to affect the
1112	validity or constitutionality of any of the remaining parts of
1113	this act, or amendments hereto, or the application of any of the
1114	provisions of this act to persons, bodies or in circumstances
1115	other than those as to which it or any part thereof shall have
1116	been held inoperative, invalid, or unconstitutional, and it is
1117	intended that this act shall be construed and applied as if any
1118	section, clause, sentence, amendment, or provision held
1119	inoperative, invalid, or unconstitutional had not been included
1120	in this act.
1121	Section 41.  Liberal construction.--The provisions of this
1122	act shall be liberally construed to effect its purposes and
1123	shall be deemed cumulative, supplemental, and alternative
1124	authority for the exercise of the powers provided herein.
1125	Section 42.  Notice.--It is found and determined that
1126	notice of intention to apply for this legislation was given in
1127	the time, form, and manner required by the Constitution and Laws
1128	of the State of Florida. Said notice is found to be sufficient
1129	and is hereby validated and approved.
1130	Section 43.  All actions of the Authority occurring prior
1131	to the effective date of this act are hereby ratified.
1132	Section 4.  Chapters 76-441, 77-604, 77-605, 80-546, 83-
1133	468, 84-483, 84-484, 86-419, 98-519, 2002-337, 2003-304, and
1134	2003-327, Laws of Florida, are repealed.
1135	Section 5.  Rule making.--The Florida Keys Aqueduct
1136	Authority Board, as constituted herein, and any successor agency
1137	or board may adopt rules necessary to meet environmental
1138	requirements imposed by federal agencies as a condition of
1139	funding.  Rules adopted by the Florida Keys Aqueduct Authority
1140	prior to effective date of this act, contained in Part 7 of the
1141	Rules of the Florida Keys Aqueduct Authority are hereby affirmed
1142	as a valid exercise of delegated legislative authority.
1143	Section 6.  This act shall take effect upon becoming a law.

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