HB 0921

1	A bill to be entitled
2	An act relating to the Florida Keys Aqueduct Authority,
3	Monroe County; providing for codification of special laws
4	relating to the Florida Keys Aqueduct Authority; providing
5	legislative intent; codifying, repealing, amending, and
6	reenacting chapters 76-441, 77-604, 77-605, 80-546, 83-
7	468, 84-483, 84-484, 86-419, 87-454, 98-519, 2003-304, and
8	2003-327, Laws of Florida; providing for liberal
9	construction; providing a savings clause in the event any
10	provision of the act is deemed invalid; providing an
11	effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Pursuant to section 189.429, Florida Statutes,
16	this act constitutes the codification of all special acts
17	relating to the Florida Keys Aqueduct Authority.  It is the
18	intent of the Legislature in enacting this law to provide a
19	single, comprehensive special act charter for the Authority,
20	including all current legislative authority granted to the
21	Authority by its several legislative enactments and any
22	additional authority granted by this act.  It is further the
23	intent to preserve all Authority powers and authority in the
24	Florida Keys, including the authority to provide water and
25	wastewater services.
26	Section 2.  Chapters 76-441, 77-604, 77-605, 80-546, 83-
27	468, 84-483, 84-484, 86-419, 98-519, 2002-337, 2003-304, and
28	2003-327, Laws of Florida, relating to the Florida Keys Aqueduct
29	Authority, are codified, reenacted, amended, and repealed as
30	herein provided.
31	Section 3.  The Florida Keys Aqueduct Authority is re-
32	created and the charter for the Authority is re-created and
33	reenacted to read:
34	Section 1.  Creation of Authority; boundaries defined.--As
35	of September 15, 1976, the Florida Keys Aqueduct Authority, an
36	independent special district, was re-created and thereafter was
37	the successor agency to the Florida Keys Aqueduct Authority
38	which was abolished by chapter 76-441, Laws of Florida.  The
39	Florida Keys Aqueduct Authority is not being re-created by this
40	act or for purposes of section 189.404, Florida Statutes.  The
41	primary purpose and function of this Authority shall be to
42	obtain, supply, and distribute an adequate water supply for the
43	Florida Keys and to collect, treat, and dispose of wastewater in
44	the Florida Keys. The geographic jurisdiction of the Authority
45	shall be as provided in this act. The Florida Keys Aqueduct
46	Authority shall be an autonomous public body corporate and
47	politic and have perpetual existence. All lawful debts, bonds,
48	obligations, contracts, franchises, promissory notes, audits,
49	minutes, resolutions, and other undertakings of the Florida Keys
50	Aqueduct Authority are hereby validated and shall continue to be
51	valid and binding on the Florida Keys Aqueduct Authority in
52	accordance with their respective terms, conditions, covenants,
53	and tenor. Any proceedings heretofore begun by the Florida Keys
54	Aqueduct Authority for the construction of any improvements,
55	works, or facilities, for the assessment of benefits and
56	damages, or for the borrowing of money shall not be impaired or
57	voided by this act but may be continued and completed in the
58	name of the Florida Keys Aqueduct Authority. The Authority shall
59	include within its territorial boundaries all of the lands
60	within Monroe County, but may procure water outside its
61	boundaries for sale within said boundaries, and may serve
62	customers residing within 1 mile of its pipeline, from its well
63	field at Florida City in Miami-Dade County to the territorial
64	boundary of the Authority.
65	Section 2.  Applicability of certain provisions of Florida
66	law to the Florida Keys Aqueduct Authority.--This act shall give
67	the Authority exclusive jurisdiction over the setting of rates,
68	fees, and charges of, and the connection to and disconnection
69	from, the water system and the sewer system of the Authority as
70	granted by this act and to this extent shall supersede chapter
71	367, Florida Statutes. Decisions made by the Florida Keys
72	Aqueduct Authority shall not be subject to the Administrative
73	Procedures Act, chapter 120, Florida Statutes.
74	Section 3.  Definitions.--Unless the context shall indicate
75	otherwise, the following words as used in this act shall have
76	the following meanings:
77	(1)  "Authority" means the Florida Keys Aqueduct Authority
78	hereby constituted or if such Authority shall be abolished, any
79	board, commission, or officer succeeding to the principal
80	functions thereof or upon whom the powers given by this act to
81	such Authority shall be given by law.
82	(2)  "Board" means the board of directors of the Florida
83	Keys Aqueduct Authority or, if such Authority shall be
84	abolished, the board, body, or commission succeeding to the
85	principal functions thereof or to whom the powers given by this
86	act to the board of directors shall be given by law.
87	(3)  "Department" means the Department of the Navy of the
88	United States of America.
89	(4)  "Bond" includes certificates, and provisions
90	applicable to bonds shall be equally applicable to certificates.
91	"Bond" includes any obligation in the nature of bonds as are
92	provided for in this act as the case may be.
93	(5)  "Cost" when used with reference to any project
94	includes, but is not limited to, the expenses of determining the
95	feasibility or practicability of acquisition, construction, or
96	reconstruction; the cost of surveys, estimates, plans, and
97	specifications; the cost of acquisition, construction, or
98	reconstruction; the cost of improvements, engineering, fiscal,
99	and legal expenses and charges; the cost of all labor,
100	materials, machinery, and equipment; the cost of all lands,
101	properties, rights, easements, and franchises acquired; federal,
102	state, and local taxes and assessments; financing charges; the
103	creation of initial reserve and debt service funds; working
104	capital; interest charges incurred or estimated to be incurred
105	on moneys borrowed prior to and during construction and
106	acquisition and for such period of time after completion of
107	construction or acquisition as the board of directors may
108	determine; the cost of issuance of bonds pursuant to this act,
109	including advertisements and printing; the cost of any election
110	held pursuant to this act and all other expenses of issuance of
111	bonds; discount, if any, on the sale or exchange of bonds;
112	administrative expenses; such other expenses as may be necessary
113	or incidental to the acquisition, construction, or
114	reconstruction of any projects or to the financing thereof, or
115	the development of any lands of the Authority; and reimbursement
116	of any public or private body, person, firm, or corporation of
117	any moneys advanced in connection with any of the foregoing
118	items of cost. Any obligation or expense incurred prior to the
119	issuance of bonds in connection with the acquisition,
120	construction, or reconstruction of any project or improvements
121	thereon, or in connection with any other development of land
122	that the board of directors of the Authority shall determine to
123	be necessary or desirable in carrying out the purposes of this
124	act, may be treated as part of such cost.
125	(6)  "Project" means any development, improvements,
126	property, utility, facility, works, enterprise, service, or
127	convenience that the Authority is authorized to construct,
128	acquire, undertake, or furnish for its own use or for the use of
129	any person, firm, or corporation owning, leasing, or otherwise
130	using the same for any profit or nonprofit purpose or activity
131	and shall include without limitation such repairs, replacements,
132	additions, extensions, and betterments of and to any project as
133	may be deemed necessary or desirable by the board of directors
134	to place or to maintain such project in proper condition for the
135	safe, efficient, and economic operation thereof.
136	(7)  "Water system" means any existing or proposed plant,
137	system, facility, or property and additions, extensions, and
138	improvements thereto at any future time constructed or acquired
139	as part thereof, useful or necessary or having the present
140	capacity for future use in connection with the development of
141	sources, treatment, desalination, or purification and
142	distribution of water for public or private use and, without
143	limiting the generality of the foregoing, includes dams,
144	reservoirs, storage tanks, mains, lines, valves, pumping
145	stations, laterals, and pipes for the purpose of carrying water
146	to the premises connected with such system, and all real and
147	personal property and any interests therein, rights, easements,
148	and franchises of any nature whatsoever relating to any such
149	system and necessary or convenient for the operation thereof. It
150	shall embrace wells for supplying water located or to be located
151	on the Florida mainland, including a pipeline or aqueduct from
152	such wells to a point at or near the City of Key West, and shall
153	include the water distribution system acquired by the Authority
154	from the City of Key West, and any interest the Authority may
155	have in and to the water supply system or any part thereof by
156	contract with the department.
157	(8)  "Sewer system" means any plant, system, facility, or
158	property and additions, extensions, and improvements thereto at
159	any future time constructed or acquired as part thereof, useful
160	or necessary or having the present capacity for future use in
161	connection with the collection, treatment, purification, or
162	disposal of sewage, including, without limitation, industrial
163	wastes resulting from any processes of industry, manufacture,
164	trade, or business or from the development of any natural
165	resources, and, without limiting the generality of the
166	foregoing, shall include treatment plants, pumping stations,
167	lift stations, valve, force mains, intercepting sewers,
168	laterals, pressure lines, mains, and all necessary appurtenances
169	and equipment, all sewer mains, laterals, and other devices for
170	the reception and collection of sewage from premises connected
171	therewith, and all real and personal property and any interest
172	therein, rights, easements, and franchises of any nature
173	whatsoever relating to any such system and necessary or
174	convenient for the operation thereof. The terms "wastewater" and
175	"wastewater system" shall be construed as synonymous with the
176	terms "sewer" and "sewer system" for all purposes under this
177	act.
178	Section 4.  Board of directors; organization;
179	qualification; term of office; quorum.--The Board of Directors
180	of the Florida Keys Aqueduct Authority shall be the governing
181	body of the Authority and shall, subject to the provisions of
182	this act, exercise the powers granted to the Authority under
183	this act. The board of directors shall consist of five members
184	appointed by the Governor who shall each represent one of five
185	districts which shall be conterminous with the districts of the
186	Board of County Commissioners of Monroe County. Each member of
187	the board of directors shall be a registered elector within
188	Monroe County and shall have been a resident of the district for
189	6 months prior to the date of his or her appointment. The
190	members shall be appointed by the Governor for terms of 4 years
191	each, except that any appointment to fill a vacancy shall be for
192	the unexpired portion of the term. The board shall elect any one
193	of its members as chair and shall also elect any one of its
194	members as secretary-treasurer. A majority of the members of the
195	board shall constitute a quorum. No vacancy in the board shall
196	impair the right of a quorum to exercise all the rights and
197	perform all of the duties of the board. All members of the board
198	shall be required to be bonded. Any vacancy occurring on the
199	board shall be filled by appointment by the Governor for the
200	duration of the unexpired term.
201	Section 5.  Records of board of directors.--The board of
202	directors shall keep a permanent record book entitled "Record of
203	Governing Board of Florida Keys Aqueduct Authority" in which
204	shall be recorded minutes of all meetings, resolutions,
205	proceedings, certificates, and bonds given by employees and any
206	and all acts, which book shall at reasonable times be open to
207	public inspection. Such record book shall be kept at an office
208	or other regular place of business maintained by the board of
209	directors in Monroe County. The board shall keep a current
210	inventory of all real and tangible personal property owned or
211	leased by the Authority in the above referenced record book.
212	Section 6.  Compensation of the board.--Each member shall
213	be entitled to receive for such services a fee of $337 per
214	meeting, not to exceed 3 meetings per month. In addition, each
215	board member shall receive reasonable expenses which shall not
216	be in excess of the amounts provided by law for state and county
217	officials in chapter 112, Florida Statutes. The compensation
218	amount for the members of the board provided for in this section
219	shall be adjusted annually based upon the index provided for
220	pursuant to section 287.017(2), Florida Statutes.
221	Section 7.  Bonds; depositories; fiscal agent; budget.--
222	(1)  Each member of the board of directors shall execute a
223	bond to the Governor in the amount of $10,000 with a qualified
224	surety to secure his or her faithful performance of his or her
225	powers and duties. The board of directors shall require a
226	certified audit of the books of the Authority at least once a
227	year at the expense of the Authority. Such audit shall be
228	available for public inspection and a notice of the availability
229	of the audit shall be published in a newspaper published in
230	Monroe County at least once within 6 months after the end of
231	each fiscal year. The legislative auditor may audit the
232	Authority at any time.
233	(2)  The board of directors is authorized to select
234	depositories in which the funds of the board and of the
235	Authority shall be deposited. Any banking corporation organized
236	under the laws of the state or under the National Banking Act
237	doing business in the state upon such terms and conditions as to
238	the payment of interest by such depository upon the funds so
239	deposited as the board may deem just and reasonable.
240	(3)  The board of directors may employ a fiscal agent who
241	shall be either a resident of the state or a corporation
242	organized under the laws of this or any other state and who
243	shall assist in the keeping of the books, the collection of
244	fees, and the remitting of funds to pay maturing bonds and
245	coupons and perform such other or additional services and duties
246	as fiscal agent and receive such compensation as the board of
247	directors may determine.
248	(4)  The board of directors shall cause a copy of the
249	proposed budget of the Authority to be published in a newspaper
250	published in Monroe County at least once not later than 60 days
251	prior to the date the fiscal year begins. The board shall hold a
252	public hearing and adopt such budget at least 30 days prior to
253	such date.
254	Section 8.  Powers and duties of the board of
255	directors.--Except as otherwise provided in this act, all of the
256	Except as otherwise provided in this act, all of the powers and
257	duties of the Authority shall be exercised by and through the
258	board of directors. Without limiting the generality of the
259	foregoing, the board shall have the power and authority to:
260	(1)  Employ engineers, contractors, consultants, attorneys,
261	auditors, agents, employees, and representatives, as the board
262	of directors may from time to time determine, on such terms and
263	conditions as the board of directors may approve, and fix their
264	compensation and duties.
265	(2)  Maintain an office at such place or places as it may
266	designate.
267	(3)  Enter or direct entry upon any lands, premises,
268	waters, or other property subject to the requirements of due
269	process as to privately owned property.
270	(4)  Execute all contracts and other documents, adopt all
271	proceedings, and perform all acts determined by the board of
272	directors as necessary or advisable to carry out the purposes of
273	this act. The board may authorize the chair or vice chair to
274	execute contracts and other documents on behalf of the board or
275	the Authority. The board may appoint a person to act as general
276	manager of the Authority having such official title, functions,
277	duties, and powers as the board may prescribe. The general
278	manager shall not be a member of the board.
279	Section 9.  Powers of the Authority.--In addition to and
280	not in limitation of the powers of the Authority, it shall have
281	the following powers:
282	(1)  To sue and be sued by its name in any court of law or
283	in equity.
284	(2)  To adopt and use a corporate seal and to alter the
285	same at pleasure.
286	(3)  To acquire property, real, personal, or mixed within
287	or without its territorial limits in fee simple or any lesser
288	interest or estate by purchase, gift, devise, or lease on such
289	terms and conditions as the board of directors may deem
290	necessary or desirable and by condemnation (subject to
291	limitations herein below). The Authority shall provide
292	information and assistance to Monroe County for use in preparing
293	its comprehensive plan with respect to the availability of water
294	and wastewater facilities. Except in cases of emergency, the
295	purchase of sole source items, or when the board determines that
296	delay would be detrimental to the interests of the Authority,
297	equipment shall be purchased in accordance with part I of
298	chapter 287, Florida Statutes. All provided that the board of
299	directors determines that the use or ownership of such property
300	be necessary in the furtherance of a designated lawful purpose
301	authorized under the provisions of this act. However, the
302	Authority may purchase equipment or material without competitive
303	bid, regardless of price, when the manufacturer of such
304	equipment or material refuses to bid on the equipment or
305	material and the board determines that the public interest would
306	be served and substantial savings would result if the equipment
307	or material were purchased directly from the manufacturer. In
308	all such cases the board shall enter a record of such purchase
309	in the "Record of Governing Board of Florida Keys Aqueduct
310	Authority." The Authority is specifically excluded from the
311	provisions of section 253.03(6), Florida Statutes, and has the
312	authority to hold title to property in its own name and to
313	acquire easements or rights-of-way, with or without
314	restrictions, within or without the limits of the Authority. The
315	state may convey to the Authority rights-of-way over any of the
316	lands and structures belonging to the state or any of its
317	agencies for the purpose of constructing, maintaining,
318	supplying, establishing, and regulating the works and projects
319	involved in the wastewater system or the water supply and
320	distribution systems authorized by this act. To mortgage, hold,
321	manage, control, convey, lease, sell, grant, or otherwise
322	dispose of the same and any of the assets and properties of the
323	Authority without regard to chapter 273, Florida Statutes.
324	(4)  Whenever deemed necessary or desirable by the board of
325	directors, to lease as lessor or lessee, to or from any person,
326	firm, corporation, association, or body, public or private, any
327	projects of the type that the Authority is authorized to
328	undertake and facilities or property of any nature for the use
329	of the Authority to carry out any of the purposes of the
330	Authority.
331	(5)  The Authority shall in its discretion have the power
332	upon resolution duly passed to insure its property in accordance
333	with the State Risk Management Trust Fund as provided by chapter
334	284, Florida Statutes.
335	(6)  To exercise within or without the territorial limits
336	of the Authority the right and power of eminent domain in all
337	cases and under all circumstances provided for in chapter 73,
338	Florida Statutes, and amendments thereto. In addition to and not
339	in limitation of the foregoing, the Authority may also exercise
340	the right and power of eminent domain for the purpose of
341	condemning any real, personal, or mixed property, public or
342	private, including, without limitation, the property owned by
343	any political body or municipal corporation which the board of
344	directors shall deem necessary for the use of, construction, or
345	operation of any of the projects of the Authority or otherwise
346	to carry out any of the purposes of the Authority. The power of
347	condemnation shall be exercised in the same manner as now
348	provided by the general laws of the state. In any proceeding
349	under this act or under chapter 73, Florida Statutes, for the
350	taking of property by eminent domain or condemnation, the board
351	of directors is authorized to file declaration of taking
352	immediate possession of the property before the final trial by
353	making deposit as to value as provided by the general statutes,
354	and shall have all of the benefits provided by chapters 73 and
355	74, Florida Statutes, and amendments thereto, or any other
356	statutes of the state which give the right to immediate taking
357	and possession. No public or private body and no agency or
358	authority of the state or any political subdivision thereof
359	shall exercise the power of eminent domain or condemnation with
360	respect to any of the properties, easements, or rights owned by
361	the Authority and lying within the Authority's jurisdiction,
362	except with the concurrence of the board of directors of the
363	Authority which shall not be unreasonably withheld.
364	(7)  To own, acquire, construct, reconstruct, equip,
365	operate, maintain, extend, and improve water systems; to
366	regulate the use of and supply of water including rationing, and
367	regulations to enforce rationing, within the Authority
368	boundaries, and pipes and water mains, conduits or pipelines,
369	in, along, or under any street, alley, highway, or other public
370	places or ways within or without the boundaries of the Authority
371	when deemed necessary or desirable by the board of directors in
372	accomplishing the purposes of this act.
373	(8)  To issue bonds or other obligations authorized by the
374	provisions of this act or any other law or any combination of
375	the foregoing to pay all or part of the cost of the acquisition
376	or construction, reconstruction, extension, repair, improvement,
377	maintenance, or operation or any project or combination of
378	projects. To provide for any facility, service, or other
379	activity of the Authority and to provide for the retirement or
380	refunding of any bonds or obligations of the Authority or for
381	any combination of the foregoing purposes.
382	(9)(a)  To purchase, construct, and otherwise acquire and
383	to improve, extend, enlarge, and reconstruct a sewage disposal
384	system or systems and to purchase and/or construct or
385	reconstruct sewer improvements and to operate, manage, and
386	control all such systems so purchased and/or constructed and all
387	properties pertaining thereto and to furnish and supply sewage
388	collection and disposal services to any municipalities and any
389	persons, firms, or corporations, public or private; to prohibit
390	or regulate the use and maintenance of outhouses, privies,
391	septic tanks, or other sanitary structures or appliances within
392	the Authority boundaries, provided that prior to prohibiting the
393	use of any such facilities adequate new facilities must be
394	available; to prescribe methods of pretreatment of waste not
395	amenable to treatment; to refuse to accept such waste when not
396	sufficiently pretreated as may be prescribed and to prescribe
397	penalties for the refusal of any person or corporation to so
398	pretreat such waste; to sell or otherwise dispose of the
399	effluent, sludge, or other by-products as a result of sewage
400	treatment and to construct and operate connecting or
401	intercepting outlets, sewers and sewer mains and pipes and water
402	mains, conduits, or pipelines in, along, or under any street,
403	alley, or highway, within or without the Authority boundaries
404	when deemed necessary or desirable by the board of directors in
405	accomplishing the purposes of this act, with the consent of the
406	agency owning or controlling same. All such regulation herein
407	authorized shall comply with the standards and regulations
408	pertaining to same as promulgated by the Department of Health
409	and by the Department of Environmental Protection.
410	(b)  The Authority shall have the power to create sewer
411	districts comprising any area within the geographic boundaries
412	of the Authority. However, the boundaries of any such sewer
413	district shall not be established until approved by majority
414	vote of the Board of County Commissioners of Monroe County,
415	after a public hearing duly noticed and advertised. Any portion
416	or portions of the sewer system within a district and of benefit
417	to the premises or land served thereby shall be deemed
418	improvements and shall include, without being limited to,
419	laterals and mains for the collection and reception of sewage
420	from premises connected therewith, local or auxiliary pumping or
421	lift stations, treatment plants or disposal plants, and other
422	pertinent facilities and equipment for the collection,
423	treatment, and disposal of sewage. The board may impose fees and
424	charges sufficient to obtain bond or other financing for sewer
425	projects. Such charges shall be a lien upon any such parcel of
426	property superior and paramount to any interest except the lien
427	of county or municipal taxes and shall be on a parity with any
428	such taxes. All operational and financial records of each
429	district shall be separately maintained and open to public
430	inspection.
431	(c)  To exercise exclusive jurisdiction, control, and
432	supervision over any sewer systems owned or operated and
433	maintained by the Authority and to make and enforce such rules
434	and regulations for the maintenance and operation of any sewer
435	systems as may be in the judgment of the Authority necessary or
436	desirable. However, such jurisdiction shall not conflict with
437	chapter 403, Florida Statutes, and rules of the Department of
438	Environmental Protection.
439	(d)  To restrain, enjoin, or otherwise prevent the
440	violation of this law or of any resolution, rules, or
441	regulations adopted pursuant to the powers granted by this law.
442	(e)  To require and enforce the use of its facilities
443	whenever and wherever they are accessible.
444	(f)  To approve or disapprove all subdivision plats and to
445	provide for compliance with sewer standards, rules, and
446	regulations. No subdivision plat or property located within the
447	geographic boundaries of the Authority shall be recorded until
448	approval of the board is obtained. The board shall have the
449	power to require a surety bond from any developer to ensure
450	compliance with sewer requirements of the board.
451	(g)  In addition to the other provisions and requirements
452	of this law, any resolution authorizing the issuance of revenue
453	bonds, assessment bonds, or any other obligations issued
454	hereunder may contain provisions and the Authority Board is
455	authorized to provide and make covenants and agree with several
456	holders of such bonds as to:
457	1.  Reasonable deposits with the Authority in advance to
458	ensure the payments of rates, fees, or charges for the
459	facilities of the system.
460	2.  Discontinuance of the services and facilities of any
461	water system for delinquent payments for sewer services and the
462	terms and conditions of the restoration of such service.
463	3.  Contracts with private or public owners of sewer
464	systems not owned and operated by the Authority for the
465	discontinuance of service to any users of the sewer systems.
466	4.  Regulate the construction, acquisition, or operation of
467	any plant, structure, facility, or property which may compete
468	with any sewer system.
469	5.  The manner and method of paying service charges and
470	fees and the levying of penalties for delinquent payments.
471	6.  Any other matters necessary to secure such bonds and
472	the payment of such principal and interest thereof.
473	(h)  In the event that fees, rates, and charges for
474	services and facilities of any sewer system shall not be paid as
475	and when due, the Authority shall be empowered to discontinue
476	furnishing water services as provided in section 16 of this act.
477	(i)  Any sewer systems within the geographic boundaries of
478	the Authority may be combined into a single consolidated system
479	for purposes of financing or of operation and administration or
480	both. However, no water system may be combined with any sewer
481	system for purposes of financing.
482	(j)  The Authority is hereby authorized to adopt by
483	reference and utilize or take advantage of any of the provisions
484	of chapters 100, 153, 159, and 170, Florida Statutes.
485	(k)  The Authority shall have power to contract with any
486	person, private or public corporation, the State of Florida, or
487	any agency, instrumentality or county, municipality, or
488	political subdivision thereof, or any agency, instrumentality or
489	corporation of or created by the United States of America, with
490	respect to such wastewater system or any part thereof.  The
491	Authority shall also have power to accept and receive grants or
492	loans from the same, and in connection with any such contract,
493	grant or loan, to stipulate and agree to such covenants, terms,
494	and conditions as the governing body of the Authority shall deem
495	appropriate.
496	(l)  To make or cause to be made such surveys,
497	investigations, studies, borings, maps, drawings, and estimates
498	of cost and revenues as it may deem necessary, and to prepare
499	and adopt a comprehensive plan or plans for the location,
500	relocation, construction, improvement, revision and development
501	of the wastewater system.
502	(m)  That subject to covenants or agreement with
503	bondholders contained in proceedings authorizing the issuance of
504	bonds pursuant to this act, the Authority shall have the power
505	to lease said wastewater system or any part or parts thereof, to
506	any person, firm, corporation, association, or body, upon such
507	terms and conditions and for such periods of time as shall be
508	determined by the governing body.  The Authority shall also,
509	whenever desirable, have power to grant permits or licenses in
510	connection with any of the facilities of such wastewater system,
511	and shall have full and complete power to do all things
512	necessary and desirable for the proper and efficient
513	administration and operation of such wastewater system and all
514	parts thereof.  The Authority shall also have power, whenever
515	deemed necessary or desirable and subject to covenants and
516	agreements with bondholders, to lease from any person, firm,
517	corporation, association, or body, any facilities of any nature
518	for such wastewater system.
519	(n)  That charges shall be levied by the Authority against
520	its own books or against Monroe County with respect to providing
521	any facilities or services rendered by such wastewater system to
522	the Authority or to Monroe County or to any other political
523	subdivision or public body or agency which receives wastewater
524	system services, or to any department or works thereof, at the
525	rate or rates applicable to other customers or users taking
526	facilities or services under similar conditions.  Revenues
527	derived from such facilities or services so furnished shall be
528	treated as all other revenues of the wastewater system.
529	(o)  Neither Monroe County, nor any municipality or special
530	district therein, shall exercise any present or future power,
531	pursuant to law, to interfere with the Authority's jurisdiction
532	and operation of the wastewater system in such a manner as to
533	impair or adversely affect the covenants and obligations of the
534	Authority under agreement relating to its bonds or other debts.
535	(p)  The Authority shall have exclusive jurisdiction over
536	the administration, maintenance, development, and provision of
537	wastewater system services in Monroe County with the exception
538	of the Key Largo Wastewater Treatment District as defined in
539	chapter 2002-337, Laws of Florida, consisting of Key Largo,
540	including all lands east of Tavernier Creek, including
541	Tavernier, Key Largo, and Cross Key, but excluding Ocean Reef,
542	the City of Key West, the City of Key Colony Beach, the City of
543	Layton, and Islamorada, Village of Islands unless such areas
544	shall choose to grant the Authority such jurisdiction, and the
545	Authority's wastewater system authorized hereunder shall be the
546	exclusive provider of wastewater system services and no
547	franchise or grant of power to any other entity or provider
548	shall be lawful unless preapproved by the Authority. The
549	Authority shall have the power to regulate the use of, including
550	prohibiting the use of or mandating the use of, specific types
551	of wastewater facilities and, notwithstanding any other
552	provisions hereof, shall be authorized to prescribe the specific
553	type of wastewater treatment facility or measures required to be
554	utilized within the boundaries of the Authority, including, but
555	not limited to, requiring the use of septic tanks in lieu of
556	cess pits, the mandatory hook up to specific wastewater
557	treatment plants, requiring upgrades be undertaken to on site
558	wastewater systems, and any other combination of the foregoing
559	in order to manage effluent disposal and wastewater matters.
560	(10)  In addition to the powers specifically provided in
561	this chapter, the Authority shall have the power to own,
562	acquire, construct, reconstruct, equip, operate, maintain,
563	extend, and improve such other related projects as the board of
564	directors may in its discretion find necessary or desirable to
565	accomplish the primary purpose of this act which is to supply
566	water and sewer services and facilities to the Florida Keys. The
567	Authority is hereby authorized to adopt by reference and utilize
568	or take advantage of any of the relevant provisions of chapter
569	100, chapter 153, chapter 159, or chapter 170, Florida Statutes.
570	Section 10.  Rules.--Upon reasonable advance notice to the
571	public and an opportunity for all persons to be heard on the
572	matter, the board shall adopt bylaws, rules, resolutions,
573	regulations, and orders prescribing the powers, duties, and
574	functions of the members of the board and employees of the
575	Authority, the conduct of the business of the Authority, the
576	maintenance of records of the Authority, and shall adopt
577	administrative rules and regulations with respect to any of the
578	projects of the Authority.
579	Section 11.  Exercise by Authority of powers within
580	municipalities.--The Authority shall have the power to exercise
581	any of its rights, powers, privileges, and authorities in any
582	and all portions of the geographical limits of the Authority
583	lying within the boundaries of any municipal corporation or
584	other political subdivision, heretofore or hereafter created or
585	organized, whose boundaries lie wholly or partly within the
586	geographic limits of the Authority, to the same extent and in
587	the same manner as in areas of the Authority not incorporated as
588	part of a municipality or other political subdivision.
589	Section 12.  Furnishing facilities and services within the
590	Authority territory.--
591	(1)  The Authority shall have the power to construct,
592	maintain, and operate its projects within the geographic limits
593	of the Authority, including any portions of the Authority
594	located inside the boundaries of any incorporated municipalities
595	or other political subdivisions and to offer, supply, and
596	furnish the facilities and services provided for in this act.
597	(2)  The Authority shall have the power to collect fees,
598	rentals, and other charges from persons, firms, corporations,
599	municipalities, counties, the Federal Government, the
600	department, political subdivisions, and other public or private
601	agencies or bodies within the geographic limits of the Authority
602	and for the use of the Authority itself.
603	Section 13.  Maintenance of projects across rights-of-
604	way.--The Authority shall have the power to construct and
605	-The Authority shall have the power to construct and operate its
606	projects in, along, or under any streets, alleys, highways, or
607	other public places or ways, and across any drain, ditch, canal,
608	floodwater, holding basin, excavation, railroad right-of-way,
609	track, grade, fill, or cut. However, just compensation shall be
610	paid by the Authority for any private property taken or damaged
611	by the exercise of such power.
612	Section 14.  Fees, rentals, and charges; procedure for
613	adoption and modification; minimum revenue requirements.--
614	(1)  The Authority shall have the power to prescribe, fix,
615	establish, and collect rates, fees, rentals, or other charges
616	(hereinafter sometimes referred to as revenue) and to revise the
617	same from time to time for the facilities and services furnished
618	or to be furnished by the Authority and to provide for
619	reasonable penalties against any user for any such rates, fees,
620	rentals, or other charges that are delinquent.
621	(2)  Such rates, fees, rentals, and charges shall be just
622	and equitable and, except as provided herein, uniform for users
623	of the same class and, where appropriate, may be based or
624	computed either upon the amount of service furnished or upon the
625	number or average number of persons working or residing or
626	working or otherwise occupying the premises served or upon any
627	other factor affecting the use of the facilities furnished, or
628	upon any combination of the foregoing factors as may be
629	determined by the board of directors on an equitable basis.  The
630	Authority may prescribe, fix, and establish a special lower
631	rate, fee, rental, or other charge on the residential account of
632	any person who is 60 years of age or older or a totally and
633	permanently disabled American veteran on the date of
634	application, who meets the low income standards adopted by the
635	board and who applies for such special lower rate, fee, rental,
636	or other charge between the months of January and December,
637	inclusive, of each year.  As used in this section "residential
638	account" means an account for a person residing in a house,
639	mobile home, condominium, apartment, or other housing unit.  The
640	application shall include the submission of an affidavit stating
641	that the applicant is 60 years of age or older or a totally and
642	permanently disabled American veteran . The submission of the
643	affidavit shall be prima facie evidence of the applicant's age
644	or disability.  The application shall also include the annual
645	income of the applicant.
646	(3)  The rates, fees, rentals, or other charges prescribed
647	shall be such as will produce revenues at least sufficient to
648	provide for the items hereinafter listed but not necessarily in
649	the order stated:
650	(a)  To provide for all costs, expenses of operation, and
651	maintenance of such facility or service for such purpose.
652	(b)  To pay, when due, all bonds and interest thereon for
653	the payment of which such revenues are or shall have been
654	pledged or encumbered, including reserves for such purposes.
655	(c)  To provide for any other funds which may be required
656	on the resolution or resolutions authorizing issuance of bonds
657	pursuant to this act.
658	(4)  No rate, fee, rental, or other charge may be
659	established resulting in increased costs for service to the
660	customer nor may any rate, fee, rental, or other charge be
661	increased by the Authority until a public hearing has been held
662	relating to the proposed increase in the City of Key West, and
663	in the Marathon and the upper Keys areas.  However, if the
664	proposed rule affects wastewater only in a single wastewater
665	district and affects rates, fees, or other charges that could
666	result in increased costs of service to the customer, no rate,
667	fee, rental, or other charge may be increased by the Authority
668	until two advertised public hearings have been held relating to
669	the proposed increase at a site convenient to the public located
670	in the district area.  Such public hearings shall not occur
671	within 15 days of each other.
672	Section 15.  Recovery of delinquent charges.--In the event
673	that any of the rates, fees, rentals, charges, or delinquent
674	penalties shall not be paid as when due and shall be in default
675	for 30 days or more, the unpaid balance thereof and all interest
676	accrued thereon together with attorneys' fees and costs may be
677	recovered by the Authority in a civil action and in accordance
678	with any covenant in any bond indenture of the Authority.  The
679	board shall have the authority to impose a service charge in
680	accordance with section 832.07(1)(a), Florida Statutes upon the
681	maker or drawer of any check, draft, or order in payment of any
682	such rate, fee, rental, charge or delinquent penalty, for which
683	payment is refused by the drawee because of lack of funds or
684	credit.
685	Section 16.  Discontinuance of service.--In the event that
686	the fees, rentals, or other charges for the services and
687	facilities of any project are not paid when due, the board of
688	directors shall have the power to discontinue and shut off the
689	same until such fees, rentals, or other charges, including
690	interest, penalties, and charges for the shutting off or
691	discontinuance and the restoration of such services and
692	facilities, are fully paid, and for such purposes may enter on
693	any lands, waters, and premises of any person, firm,
694	corporation, or other body, public or private.  Such delinquent
695	fees, rentals, or other charges together with interest,
696	penalties, and charges for the shutting off and discontinuance
697	and the restoration of such services and facilities and
698	reasonable attorneys' fees and other expenses may be recovered
699	by the Authority by suit in any court of competent jurisdiction.
700	The Authority may also enforce payment of such delinquent fees,
701	rentals, or other charges by any other lawful method of
702	enforcement.
703	Section 17.  Remedies.--Any holder of bonds issued under
704	the provisions of this act or of any of the coupons appertaining
705	thereto, and the trustee under the trust indenture, if any,
706	except to the extent the rights herein given may be restricted
707	by resolution passed before the issuance of the bonds or by the
708	trust indenture, may, either at law or in equity, by suit,
709	action, mandamus, or other proceeding, protect and enforce any
710	and all rights under the laws of the State of Florida or granted
711	hereunder or under such resolution or trust indenture, and may
712	enforce or compel performance of all duties required by this act
713	or by such resolution or trust indenture to be performed by the
714	Authority or any officer thereof, including the fixing,
715	charging, and collecting of rates and other charges for both
716	water furnished by the waterworks system and wastewater
717	treatment furnished by the wastewater system.
718	Section 18.  Receiver.--
719	(1)  In the event that the Authority shall default in the
720	payment of the principal of or the interest on any of the bonds
721	as the same shall become due, whether at maturity or upon call
722	for redemption, and such default shall continue for a period of
723	45 days, or in the event that the Authority or the officers,
724	agents, or employees of the Authority shall fail or refuse to
725	comply with the provisions of this act or shall default in any
726	agreement made with the holders of the bonds, any holder of
727	bonds, subject to the provisions of the resolution authorizing
728	the same or the trust indenture, or the trustee therefor, shall
729	have the right to apply in any appropriate judicial proceeding
730	to the Circuit Court in any court of competent jurisdiction, for
731	the appointment of a receiver of the waterworks system,
732	excluding however, the aqueduct, whether or not all bonds shall
733	have been declared due and payable and whether or not such
734	holder or trustee is seeking or has sought to enforce any other
735	right or to exercise any other remedy in connection with such
736	bonds, and, upon such application, the court may appoint such
737	receiver.
738	(2)  The receiver so appointed shall forthwith, directly or
739	by his agents and attorneys, enter into and upon and take
740	possession of such portion of the waterworks system and may
741	exclude the Authority, its officers, agents, and employees and
742	all persons claiming under them, wholly therefrom and shall
743	have, hold, use, operate, manage, and control the same in the
744	name of the Authority or otherwise, as the receiver may deem
745	best, and shall exercise all the rights and powers of the
746	Authority with respect thereto as the Authority itself might do.
747	Whenever all defaults shall have been cured and made good, the
748	court may, in its discretion, and after such notice and hearing
749	as it deems reasonable and proper, direct the receiver to
750	surrender possession of such property to the Authority.  The
751	same right to secure the appointment of a receiver shall exist
752	upon any subsequent default as hereinabove provided.
753	(3)  Notwithstanding anything in this section to the
754	contrary, any such receiver shall have no power to sell, assign,
755	mortgage, or otherwise dispose of any assets of whatever kind or
756	character belonging to the Authority and useful for the
757	waterworks system, and the authority of any such receiver shall
758	be limited to the operation and maintenance of such portion of
759	the system as may be placed in receivership and no court shall
760	have jurisdiction to enter any order or decree requiring or
761	permitting such receiver to sell, mortgage, or otherwise dispose
762	of any such assets.
763	Section 19.  Agreements with public and private parties
764	concerning the furnishing of facilities and services.--The
765	Authority shall have the power to enter into agreements with any
766	person, firm, or corporation, public or private, for the
767	furnishing by such person, firm, or corporation of any
768	facilities and services of the type provided for in this act to
769	the Authority, and for or on behalf of the Authority to persons,
770	firms, corporations, and other public or private bodies and
771	agencies to whom the Authority is empowered under this act to
772	furnish facilities and services.
773	Section 20.  Exclusive jurisdiction of projects and
774	finances.--
775	(1)  The board of directors shall have exclusive
776	jurisdiction and control, except as otherwise provided herein
777	and as to the quality and manner of discharge of effluent, over
778	the projects of the Authority without limitation as to
779	expenditures and appropriations except to the extent otherwise
780	provided in this act and to the extent that the board of
781	directors may by agreement with any other public or private body
782	authorize the same to exercise jurisdiction or control of any of
783	the projects of the Authority. It shall not be necessary for the
784	Authority to obtain any certificate of convenience or necessity,
785	franchise, license, permit, or authorization from any bureau,
786	board, commission, or like instrumentality of the state or any
787	political subdivision thereof in order to construct,
788	reconstruct, acquire, extend, repair, improve, maintain, or
789	operate any project and the rates, fees, or other charges to be
790	fixed and collected with respect to the facilities and service
791	of the Authority shall not be subject to supervision,
792	regulation, or the rate-setting power of any bureau, board,
793	commission, or other agency of the state or any political
794	subdivision thereof.
795	(2)  Except as otherwise provided in this act, the budget
796	and finances of the Authority, including without limitation
797	expenditures and appropriations, and the exercise by the board
798	of directors of the powers herein provided, shall not be subject
799	to the requirements or limitations of chapter 216, Florida
800	Statutes.
801	Section 21.  Revenue bonds.--
802	(1)  The Authority shall have the power to issue revenue
803	bonds from time to time without limitation as to amount.  Such
804	revenue bonds may be secured by or payable from the gross amount
805	or net pledge of the revenues to be derived from any project or
806	combination of projects from the rates, fees, or other charges
807	to be collected from the users of any project or projects from
808	any revenue-producing undertaking or activity of the Authority
809	or from any other source or pledged security.  Such bond shall
810	not constitute an indebtedness of the Authority.
811	(2)  Any two or more projects may be combined and
812	consolidated into a single project and may thereafter be
813	operated and maintained as a single project.  The revenue bonds
814	authorized herein may be issued to finance any one or more such
815	projects separately or to finance two or more such projects
816	regardless of whether such projects have been combined and
817	consolidated into a single project.  If the board of directors
818	deems it advisable, the proceedings authorizing such revenue
819	bonds may provide that the Authority may thereafter combine the
820	projects then being financed or theretofore financed with other
821	projects to be subsequently financed by the Authority, and that
822	revenue bonds to be thereafter issued by the Authority shall be
823	on parity with the revenue bonds then being issued, all on such
824	terms, conditions, and limitations as shall be provided and may
825	further provide that the revenues to be derived from the
826	subsequent projects shall at the time of the issuance of such
827	parity revenue bonds be also pledged to the holders of any
828	revenue bonds theretofore issued to finance the revenue
829	undertakings which are later combined with such subsequent
830	projects.  The Authority may pledge for the security of the
831	revenue bonds a fixed amount without regard to any proportion of
832	the gross revenues of any project.
833	Section 22.  Refunding bonds.--The Authority shall have the
834	power to issue bonds to provide for the retirement or refunding
835	of any bonds or obligations of the Authority that at the time of
836	such issuance are or subsequently thereto become due and payable
837	or that at the time of issuance have been called or will be
838	subject to call for redemption within 10 years thereafter or the
839	surrender of which can be procured from the holders thereof at
840	prices satisfactory to the board of directors.  Refunding bonds
841	may be issued at any time when in the judgment of the board of
842	directors such issuance will be advantageous to the Authority.
843	The board of directors may, by resolution, confer upon the
844	holders of such refunding bonds all rights, powers, and remedies
845	to which the holders would be entitled if they continued to be
846	the owners and had possession of the bonds for the refinancing
847	of which said refunding bonds are issued.
848	Section 23.  Lien of pledges.--All pledges of revenues and
849	assessments made pursuant to the provisions of this act shall be
850	valid and binding from the time when such pledges are made.  All
851	such revenues and assessments so pledged and thereafter
852	collected shall immediately be subject to the lien of such
853	pledges without any physical delivery thereof or further action
854	and the lien of such pledges shall be valid and binding as
855	against all parties having claims of any kind in tort, contract,
856	or otherwise against the Authority irrespective of whether such
857	parties have notice thereof.
858	Section 24.  Issuance of bond anticipation notes.--In
859	addition to the other powers applied for in this act and not in
860	limitation thereof, the Authority shall have the power at any
861	time and from time to time after the issuance of any bonds of
862	the Authority shall have been authorized, to borrow money for
863	the purposes for which such bonds are to be issued in
864	anticipation of the receipt of the proceeds of the sale of such
865	bonds and to issue bond anticipation notes in a principal amount
866	not in excess of the authorized maximum amount of such bond
867	issues. Such notes shall be in such denominations and bear
868	interest at such rate or rates, mature at such time or times not
869	later than 5 years from the date of issuance and be in such form
870	and executed in such manner as the board of directors shall
871	prescribe. Such notes may be sold at either public or private
872	sale or if such notes shall be renewable, notes may be exchanged
873	for notes then outstanding on such terms as the board of
874	directors shall determine.  Said notes shall be paid from the
875	proceeds of such bonds when issued.
876	Section 25.  Short term borrowing.--The Authority at any
877	time may obtain loans in such amount and on such terms and
878	conditions as the board of directors may approve for the purpose
879	of paying any of the expenses of the Authority or any costs
880	incurred or that may be incurred in connection with any of the
881	projects of the Authority, which loan shall have a term not
882	exceeding 3 years from the date of issuance thereof and may be
883	renewable for a like term or terms, shall bear interest not in
884	excess of the prevailing rate available for loans of similar
885	terms and amounts at commercial lending institutions licensed by
886	the Federal Government or the State, may be payable from and
887	secured by a pledge of such funds, revenues, and assessments as
888	the board of directors may determine.  For the purpose of
889	defraying such costs and expenses the Authority may issue
890	negotiable notes, warrants, and other evidences of debts signed
891	on behalf of the Authority by any one of the board of directors
892	to be authorized by the board.
893	Section 26.  Trust agreements.--In the discretion of the
894	board of directors, any issue of bonds may be secured by a trust
895	agreement by and between the Authority and a corporate trustee
896	or trustees which may be any trust company or bank having the
897	powers of a trust company within or without the state.  The
898	resolution authorizing the issuance of the bonds or such trust
899	agreements may pledge the revenues to be received from any
900	projects of the Authority and may contain such provision for
901	protecting and enforcing the rights and remedies of the
902	bondholders as the board of directors may approve, including
903	without limitation covenants setting forth the duties of the
904	Authority in relation to the acquisition, construction,
905	reconstruction, improvement, maintenance, repair, operation, and
906	insurance of any project, the fixing and revising of the rates,
907	fees, and charges and the custody safeguarding and application
908	of all moneys, and for the employment of counseling engineers in
909	connection with such acquisition, construction, reconstruction,
910	improvement, maintenance, repair, and operation.  It shall be
911	lawful for any bank or trust company incorporated under the laws
912	of the state which may act as a depository of the proceeds of
913	bonds or of revenues to furnish such indemnifying bonds or to
914	pledge such securities as may be required by the Authority.
915	Such resolution or trust agreement may set forth the rights and
916	remedies of the bondholders and of the trustee, if any, and may
917	restrict the individual right of action by bondholders.  The
918	board of directors may provide for the payment of proceeds from
919	the sale of the bonds and the revenues of any project to such
920	officer, board, or depositories as it may designate for the
921	custody thereof, and for the method of disbursement thereof with
922	such safeguards and restrictions as it may determine.  All
923	expenses incurred in carrying out the provision of such
924	resolution or trust agreement may be treated as part of the cost
925	of operation of the project to which such trust agreement
926	pertains.
927	Section 27.  Sale of bonds.--Bonds may be sold in blocks or
928	installments at different times, or an entire issue or series
929	may be sold at one time. Bonds shall be sold at public sale
930	after advertisement, but not in any event at less than 95
931	percent of the par value thereof, together with accrued interest
932	thereon.  Bonds may be sold or exchanged for refunding bonds.
933	Bonds may be delivered as payment by the Authority of the
934	purchase price or lease of any project or part thereof or a
935	combination of projects or parts thereof or as the purchase
936	price or exchanged for any property, real, personal or mixed,
937	including franchises or services rendered by any contractor,
938	engineer, or other person at one time or in blocks from time to
939	time and in such manner and upon such terms as the board of
940	directors in its discretion shall determine.
941	Section 28.  Authorization and form of bonds.--The Board
942	may by resolution authorize the issuance of bonds on either a
943	negotiated or competitive bid basis, fix the aggregate amount of
944	bonds to be issued, the purpose or purposes for which the moneys
945	derived therefrom shall be expended, the rate or rates of
946	interest.  The denomination of bonds, whether or not the bonds
947	are to be issued in one or more series, the date or dates
948	thereof, the date or dates of maturity, which shall not exceed
949	40 years from their respective dates of issuance, the medium of
950	payment, place or places within or without the state where
951	payment shall be made, registration, privileges (whether with or
952	without premium), the manner of execution, the form of the
953	bonds, including any interest coupons to be attached thereto,
954	the manner of execution of bonds and coupons, and any and all
955	other terms, covenants and conditions thereof, and the
956	establishment of reserve or other funds.
957	Section 29.  Interim certificates, replacement
958	certificates.--Pending the preparation of definitive bonds, the
959	board of directors may issue interim certificates or receipts or
960	temporary bonds, in such form and with such provision as the
961	board of directors may determine, exchangeable for definitive
962	bonds when such bonds have been executed and are available for
963	delivery.  The board of directors may also provide for the
964	replacement of any bonds which shall become mutilated or be lost
965	or destroyed.
966	Section 30.  Negotiability of bonds.--Any bond issued under
967	this act and any interim certificate, receipt, or temporary bond
968	shall, in the absence of an express recital on the face thereof
969	that it is nonnegotiable, shall be and constitute a negotiable
970	instrument within the meaning and for all purposes of the law
971	merchant, the U.C.C. and the laws of the State of Florida.
972	Section 31.  Bonds as legal investment or
973	security.--Notwithstanding any provisions of any other law to
974	Notwithstanding any provisions of any other law to the contrary,
975	all bonds issued under provisions of this act shall constitute
976	legal investments for savings banks, trust companies, insurance
977	companies, executors, administrators, trustees, guardians, and
978	other fiduciaries, and for any board, body, agency,
979	instrumentality, county, municipality, or other political
980	subdivision of the state and shall be and constitute securities
981	which may be deposited by banks or trust companies as security
982	for deposit of the state, county, municipal, or other public
983	funds, or by insurance companies.
984	Section 32.  Validity of bonds.--Any bonds issued by the
985	Authority shall be incontestable in the hands of bona fide
986	purchasers or holders for value and shall not be invalid because
987	of any irregularity or defects in the proceedings for the issue
988	and sales thereof.  However, the Authority is not required to
989	obtain approval of the Bond Review Board as provided by chapter
990	215, Florida Statutes.
991	Section 33.  Pledge by the State of Florida to the
992	bondholders of the Authority and to the Federal Government.--The
993	State of Florida pledges to the holders of any bonds issued
994	under this act that it will not limit or alter the rights of the
995	Authority, to own, acquire, construct, reconstruct, improve,
996	maintain, operate, or furnish the projects or to levy rentals,
997	rates, fees, or other charges provided for herein and to fulfill
998	the terms of any agreement made with the holders of such bonds
999	or other obligations, that it will not in any way impair the
1000	rights or remedies of the holders, and that it will not modify
1001	in any way the exemption for taxation provided in the act, until
1002	all such bonds, together with interest thereon, and all costs
1003	and expenses in connection with any action or proceeding by or
1004	on behalf of such holders, are fully met and discharged.  The
1005	State of Florida pledges to and agrees with the Federal
1006	Government that in the event the Federal Government or any
1007	agency or authority thereof shall construct or contribute any
1008	funds, materials, or property for the construction, acquisition,
1009	extension, improvement, enlargement, maintenance, operation, or
1010	furnishing of any project of the Authority, or any part thereof,
1011	the state will not alter or limit the rights and powers of the
1012	Authority in any manner which would be inconsistent with the
1013	continued maintenance and operation of such project, or any part
1014	thereof, on the improvement thereof, or which would be
1015	inconsistent with due performance of any agreement between the
1016	Authority and the Federal Government, and the Authority shall
1017	continue to have, and may exercise, all powers herein granted so
1018	long as the board of directors may deem the same necessary or
1019	desirable for carrying out the purposes of this act and the
1020	purposes of the Federal Government in the construction,
1021	acquisition, extension, improvement, enlargement, maintenance,
1022	operation, or furnishing of any projects of the Authority or any
1023	part thereof.
1024	Section 34.  Contracts, grants, and contributions.--The
1025	Authority shall have the power to make and enter into all
1026	contracts and agreements necessary or incidental to the
1027	performance or functions of the Authority and the execution of
1028	its powers, and to contract with, and to accept and receive
1029	grants or loans of money, material, or property from any person,
1030	private or public corporation, the State of Florida, or any
1031	agency or instrumentality thereof, any county, municipality, or
1032	other political subdivision, or any agency, instrumentality, or
1033	corporation of or created by the United States of America, or
1034	the United States of America, as the board of directors shall
1035	determine to be necessary or desirable to carry out the purpose
1036	of this act, and in connection with any such contract, grant, or
1037	loan to stipulate and agree to such covenants, terms, and
1038	conditions as the board of directors shall deem appropriate.
1039	Section 35.  Tax exemption.--As the exercise of the powers
1040	conferred by this act to effect the purposes of this act
1041	constitute the performance of essential public functions, and as
1042	the projects of the Authority will constitute public property
1043	used for public purposes, all assets and properties of the
1044	Authority and all bonds issued hereunder and interest paid
1045	thereon and all fees, charges, and other revenues derived by the
1046	Authority from the projects provided for by this act shall be
1047	exempt from all taxes by the state or any political subdivision,
1048	agency, or instrumentality thereof, except that this exemption
1049	shall not apply to interest earnings subject to taxation under
1050	chapter 220, Florida Statutes.
1051	Section 36.  Construction of Authority projects.--The board
1052	of directors shall have the power and authority to acquire,
1053	construct, reconstruct, extend, repair, improve, maintain, and
1054	operate any of the projects of the Authority, and to that end to
1055	employ contractors, to purchase machinery, to employ men to
1056	operate the same, and directly to have charge of and construct
1057	the projects of the Authority in such manner as the board of
1058	directors may determine . The Authority may undertake any such
1059	construction work with its own facilities, without public
1060	advertisement for bids.  The board of directors shall not be
1061	permitted to let contracts for projects of the Authority or for
1062	purchases without public advertising and the receiving of bids
1063	in accordance with such terms and conditions of chapter 287,
1064	Florida Statutes.  The board of directors shall let contracts to
1065	the lowest responsible bidder.  However, the board may, in its
1066	discretion, reject any and all bids.
1067	Section 37.  Enforcement and penalties.--The board of
1068	directors or any aggrieved person may have recourse to such
1069	remedies in law and equity as may be necessary to ensure
1070	compliance with the provisions of this act, including injunctive
1071	relief to enjoin or restrain any person violating the provisions
1072	of this act and any bylaws, resolutions, regulations, rules,
1073	codes, and orders adopted under this act, and the court shall,
1074	upon proof of such violation, have the duty to issue forthwith
1075	such temporary and permanent injunctions as are necessary to
1076	prevent such further violations thereof.
1077	Section 38.  Investment of funds.--The board of directors
1078	may, in its discretion, invest funds of the Authority in:
1079	(1)  Direct obligations of or obligations guaranteed by the
1080	United States of America or for the payment of principal and
1081	interest of which the faith and credit of the United States is
1082	pledged;
1083	(2)  Bonds or notes issued by any of the following Federal
1084	agencies: Bank for Cooperatives; Federal Intermediate Credit
1085	Banks; Federal Home Loan Banks System; Federal Land Banks; or
1086	the Federal National Mortgage Loan Association (including the
1087	debentures or participating certificates issued by such
1088	association);
1089	(3)  Public housing bonds issued by public housing
1090	authorities and secured by a pledge of annual contributions
1091	under an annual contribution contract or contracts with the
1092	United States of America;
1093	(4)  Bonds or other interest-bearing obligations of any
1094	county, district, city, or town located in the State of Florida
1095	for which the credit of such political subdivision is pledged;
1096	or
1097	(5)  Any investment authorized for insurers by chapter 625,
1098	Florida Statutes, inclusive and amendments thereto.
1099	Section 39.  Fiscal year of the Authority.--The board of
1100	directors has the power to establish and from time to time
1101	redetermine the fiscal year of the Authority.
1102	Section 40.  Severability of provision.--If any section,
1103	clause, sentence, amendment, or provision of this act or the
1104	application of such section, clause, sentence, amendment, or
1105	provision to any person or bodies or under any circumstances
1106	shall be held to be inoperative, invalid, or unconstitutional,
1107	the invalidity of such section, clause, sentence, amendment, or
1108	provision shall not be deemed held or taken to affect the
1109	validity or constitutionality of any of the remaining parts of
1110	this act, or amendments hereto, or the application of any of the
1111	provisions of this act to persons, bodies or in circumstances
1112	other than those as to which it or any part thereof shall have
1113	been held inoperative, invalid, or unconstitutional, and it is
1114	intended that this act shall be construed and applied as if any
1115	section, clause, sentence, amendment, or provision held
1116	inoperative, invalid, or unconstitutional had not been included
1117	in this act.
1118	Section 41.  Liberal construction.--The provisions of this
1119	act shall be liberally construed to effect its purposes and
1120	shall be deemed cumulative, supplemental, and alternative
1121	authority for the exercise of the powers provided herein.
1122	Section 42.  Notice.--It is found and determined that
1123	notice of intention to apply for this legislation was given in
1124	the time, form, and manner required by the Constitution and Laws
1125	of the State of Florida. Said notice is found to be sufficient
1126	and is hereby validated and approved.
1127	Section 43.  All actions of the Authority occurring prior
1128	to the effective date of this act are hereby ratified.
1129	Section 4.  Chapters 76-441, 77-604, 77-605, 80-546, 83-
1130	468, 84-483, 84-484, 86-419, 98-519, 2002-337, 2003-304, and
1131	2003-327, Laws of Florida, are repealed.
1132	Section 5.  Rule making.--The Florida Keys Aqueduct
1133	Authority Board, as constituted herein, and any successor agency
1134	or board may adopt rules necessary to meet environmental
1135	requirements imposed by federal agencies as a condition of
1136	funding.  Rules adopted by the Florida Keys Aqueduct Authority
1137	prior to effective date of this act, contained in Part 7 of the
1138	Rules of the Florida Keys Aqueduct Authority are hereby affirmed
1139	as a valid exercise of delegated legislative authority.
1140	Section 6.  This act shall take effect upon becoming a law.

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