HB 1421CS

CHAMBER ACTION



1The Local Government Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to Indian River Farms Water Control
7District, Indian River County; codifying, amending,
8reenacting, and repealing special acts relating to the
9district; providing territorial boundaries of the
10district; making the provisions of ch. 298, F.S.,
11applicable thereto; providing for the levy, collection,
12and enforcement of installment and maintenance taxes by
13said district at the same time and in like manner as
14county taxes; providing that said taxes shall be extended
15by the county on the county tax roll and shall be
16collected by the tax collector in the same manner and time
17as county taxes; providing for the same discounts and
18penalties as county taxes; providing for the compensation
19of the tax collector; providing that district taxes shall
20be a lien on lands against which taxes are levied of equal
21dignity with county and other taxes; providing that the
22approval of the board of drainage commissioners is not
23required to issue bonds; providing for floating
24indebtedness of the district; providing that payment of
25taxes in advance is not authorized; providing that use of
26bonds and interest coupons in payment of taxes is not
27authorized; providing that water is a common enemy;
28providing for compensation of the board of supervisors;
29providing for fines for introducing pollutants into the
30waters of the district; providing for severability;
31providing an effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Pursuant to section 189.429, Florida Statutes,
36this act constitutes the codification of all special acts
37relating to the Indian River Farms Water Control District,
38hereinafter referred to as the "district," together with the
39decree creating and incorporating the district. It is the intent
40of the Legislature in enacting this law to provide a single,
41comprehensive special act charter for the district, including
42all current legislative authority granted to the district by its
43several legislative enactments, any additional authority granted
44by this act, and authority granted by applicable general law.
45     Section 2.  Chapters 8882 (1921), 9988 (1923), 10693
46(1925), 12057 (1927), 12058 (1927), 14737 (1931), 16048 (1933),
4717066 (1935), 19188 (1939), 23906 (1947), 28403 (1953), 57-1104,
4863-832, and 67-843, Laws of Florida, are codified, reenacted,
49amended, and repealed as provided in this act.
50     Section 3.  The Indian River Farms Water Control District
51is re-created, and the charter for such district is re-created
52and reenacted to read:
53     Section 1.  The decree of the Circuit Court in and for the
54Fifteenth Judicial Circuit, St. Lucie County, entered in the
55case captioned "In re: Indian River Farms Drainage District" on
56May 6, 1919, creating and incorporating the Indian River Farms
57Water Control District, an independent special district, under
58chapter 6458 (1913), Laws of Florida, and the order of said
59court approving the report of the district commissioners entered
60on August 18, 1921, and all subsequent proceedings taken in said
61circuit court concerning said district are hereby ratified,
62confirmed, and approved, including its territorial boundaries as
63follows:
64
65Begin at the Northwest corner of Township 32 S. R. 39
66E.; Thence East to the northwest corner of northeast
67quarter of Section 5, Township 32 S. R. 39 E; Thence
68North to the northwest corner of northeast quarter of
69Section 32, Township 31 S. R. 39 E.; Thence East to
70the northwest corner of Section 33, Township 31 S. R.
7139 E.;  Thence South to the northwest corner of the
72southwest quarter of the northwest quarter of Section
7333, Township 31 S. R. 39 E.; Thence East to the
74Northeast corner of the southwest quarter to the
75northwest quarter of said Section 33; Thence South to
76the northeast corner of the northwest quarter of the
77southwest quarter of said Section 33; Thence East to
78the northeast corner of the west half of the northeast
79quarter of the southwest quarter of said Section 33;
80Thence South to the southeast corner of the west half
81of the northeast quarter of the northwest quarter of
82said Section 33; Thence East to the northeast corner
83of the southeast quarter of the southwest quarter of
84said Section 33; Thence South to the southeast corner
85of the northeast quarter of the northwest quarter of
86Section 4, Township 32 S. R. 39 E.; Thence East to the
87northeast corner of the west half of the southwest
88quarter of the northeast quarter of said Section 4;
89Thence South to the southeast corner of the west half
90of the northwest quarter of the southeast quarter of
91said Section 4; Thence East to the northeast corner of
92the southwest quarter of the southeast quarter of said
93Section 4; Thence South to the southeast corner of the
94southwest quarter of the southeast quarter of said
95Section 4; thence East to the northeast corner of the
96west half of the northeast quarter of the northeast
97quarter of Section 9, Township 32 S. R. 39 E.; Thence
98South to the southeast corner of the west half of the
99northeast quarter of the northeast quarter of said
100Section 9; Thence East to the northeast corner of the
101southeast quarter of the northeast quarter of said
102Section 9; Thence South to the southeast corner of the
103southeast quarter of the northeast quarter of said
104Section 9; Thence East to the northeast corner of the
105west half of the northwest quarter of the southwest
106quarter of Section 10, Township 32 S. R. 39 E.; Thence
107South to the southeast corner of the west half of the
108northwest quarter of the southwest quarter of said
109Section 10; Thence East to the northeast corner of the
110southwest quarter of the southwest quarter of said
111Section 10; Thence South to the southeast corner of
112the southwest quarter of the southwest quarter of said
113Section 10;  Thence East to the northeast corner of
114the west half of the northeast quarter of the
115northwest quarter of Section 15, Township 32 S. R. 39
116E.; Thence South to the southeast corner of the west
117half of the northeast quarter of the northwest quarter
118of said Section 15; Thence East to the northeast
119corner of the southeast quarter of the northwest
120quarter of said Section 15; Thence South to the
121southeast corner of the northwest quarter of said
122Section 15; Thence East to the northeast corner of the
123west half of the northwest quarter of the southeast
124quarter of said Section 15; Thence South to the
125southeast corner of the west half of the northwest
126quarter of the southeast quarter of said Section 15;
127Thence East to the northeast corner of the southwest
128quarter of the southeast quarter of said Section 15;
129Thence South to the southeast corner of the northwest
130quarter of the northeast quarter of Section 22,
131Township 32 S. R. 39 E.;  Thence East to the northeast
132corner of the west half of southeast quarter of
133northeast quarter of said Section 22; Thence South to
134the southeast corner of west half of southeast quarter
135of southeast quarter of said Section 22;  Thence East
136to the northeast corner of Section 27, Township 32 S.
137R. 39 E.; Thence South to the southeast corner of
138northeast quarter of northeast quarter of said Section
13927; Thence East to the northeast corner of west half
140of the southwest quarter of the northwest quarter of
141Section 26, Township 32 S R. 39 E.; Thence South to
142the southeast corner of the west half of southwest
143quarter of the northwest quarter of said Section 26;
144Thence East to the northeast corner of the northwest
145quarter of the southwest quarter of said Section 26;
146Thence South to the southeast corner of the southwest
147quarter of the southwest quarter of said Section 26;
148Thence East to the northeast corner of west half of
149the northeast quarter of northwest quarter of Section
15035, Township 32 S. R. 39 E.; Thence South to the
151southeast corner of the west half of northeast quarter
152of the northwest quarter of said Section 35; Thence
153East to the northeast corner of the southeast quarter
154of northwest quarter of said Section 35; Thence South
155to the southeast corner of northwest quarter of said
156Section 35; Thence East on the center line of Sections
15735 and 36, Township 32 S. R. 39 E., and along the
158center line of Section 31, Township 32 S. R. 40 E. to
159the water's edge of Indian River; Thence southerly
160along the water's edge of the Indian River to the
161north line of Township 33 S. R. 40 E.; Thence West
162along said township line to the northeast corner of
163the west half of the west half of Section 1, Township
16433 S. R. 39 E.; Thence South to the southeast corner
165of west half of west half of said Section 1; Thence
166west to the northwest corner of Section 12, Township
16733 S. R. 39 E.; Thence South to the southwest corner
168of the northwest quarter of the northwest quarter of
169said Section 12; Thence East to the northeast corner
170of the west half of the southwest quarter of the
171northwest quarter of said Section 12; Thence South to
172the southeast corner of the west half of the northwest
173quarter of the southwest quarter of said Section 12;
174Thence East to the northeast corner of southwest
175quarter of the southwest quarter of said Section 12;
176Thence South to the southeast corner of the northwest
177quarter of the northwest quarter of Section 13,
178Township 33 S. R. 39 E.; Thence East to the northeast
179corner of the west half of the southeast quarter of
180the northwest quarter of said Section 13; Thence South
181to the southeast corner of west half of the southeast
182quarter of the northwest quarter of said Section 13;
183Thence East to the northeast corner of the southwest
184quarter of said Section 13; Thence South to the
185southeast corner of the northeast quarter of the
186southwest quarter of said Section 13; Thence East to
187the northeast corner of the west half of the southwest
188quarter of the southeast quarter of said Section 13;
189Thence South to the southeast corner of the west half
190of the northwest quarter of the northeast quarter of
191Section 24, Township 33  S. R. 39 E.; Thence East to
192the northeast corner of southwest quarter of the
193northeast quarter of said Section 24; Thence South to
194the southeast corner of the southwest quarter of the
195northeast quarter of said Section 24; Thence East to
196the northeast corner of the west half of the northeast
197quarter of the southeast quarter of said Section 24;
198Thence South to the southeast corner of the west half
199of the southeast quarter of the northeast quarter of
200Section 25, Township 33 S. R. 39 E.; Thence East to
201the northeast corner of the southeast quarter of said
202Section 25; Thence South to the southeast corner of
203the northeast quarter of the southeast quarter of said
204Section 25; Thence East to the northeast corner of the
205west half of the southwest quarter of the southwest
206quarter of Section 30, Township 33 S. R. 40 E.; Thence
207South to the southeast corner of west half of the
208southwest quarter of the southwest quarter of said
209Section 30; Thence East to the northeast corner of the
210northwest quarter of the northwest quarter of Section
21131, Township 33 S. R. 40 E.; Thence South to the
212southeast corner of the southwest quarter of the
213northwest quarter of said Section 31;  Thence East to
214the northeast corner of the west half of the northeast
215quarter of the southwest quarter of said Section 31;
216Thence South to the southeast corner of the west half
217of the northeast quarter of the southwest quarter of
218said Section 31; Thence East to the northeast corner
219of the southeast quarter of the southwest quarter of
220said Section 31; Thence South to the southeast corner
221of the southwest quarter of said Section 31, Township
22233 S. R. 40 E.; Thence West along Township lines nine
223miles more or less to the southwest corner of the
224southeast quarter of Section 34, Township 33 S. R. 38
225E.; Thence North to the northwest corner of the
226northeast quarter of Section 34, Township 33 S. R. 38
227E.; Thence West to the southwest corner of Section 27,
228Township 33 S. R. 38 E.; Thence North to the southeast
229corner of  Section 9, Township 33 S. R. 38 E.; Thence
230West to the southwest corner of Section 9, Township 33
231S. R. 38 E.; Thence North to the southeast corner of
232Section 5, Township 33 S. R. 38 E.; Thence West to the
233southwest corner of  southeast quarter of Section 5,
234Township 33 S. R. 38 E.; Thence North on center line
235of Section 5 to northwest corner of northeast quarter
236of Section 5, Township 33 S. R. 38 E.; Thence East
237along Township line to the northwest corner of
238Township 33 S. R. 39 E.; Thence North to the northwest
239corner of Township 32 S. R. 39 E., being the point of
240beginning.
241
242The foregoing boundaries containing and including the
243following lands, to wit:
244The East half of Section 32, Township 31 S. R. 39 E.;
245
246The Southwest quarter of northwest quarter; the
247northwest quarter of southwest quarter; the west half
248of northeast quarter of southwest quarter; the south
249half of southwest quarter; all in Section 33, Township
25031 S. R. 39 E.;
251
252Sections 5, 6, 7, 8, 16, 17, 18, 19, 20, 21, 27, 28,
25329, 30, 31, 32, 33, and 34, all in Township 32 S. R.
25439 E;
255
256The West half of Section 4, Township 32 S. R. 39 E.;
257
258The West half of southwest quarter of northeast
259quarter; the west half of northwest quarter of
260southeast quarter; the southwest quarter of southeast
261quarter; all in Section 4, Township 32 S. R. 39 E.;
262
263All of Section 9, Township 32 S. R. 39 E., except the
264east half of northeast quarter of northeast quarter of
265said section;
266
267The West half of northwest quarter of southwest
268quarter; and the southwest quarter of southwest
269quarter; all in Section 10, Township 32 S. R. 39 E.;
270
271All of the West half of Section 15, Township 32 S. R.
27239 E., except the east half of the northeast quarter
273of northwest quarter of said Section;
274
275The West half of northwest quarter of southeast
276quarter; and the southwest quarter of the southeast
277quarter; all in Section 15, Township 32 S. R. 39 E.;
278
279The West half of Section 22; the west half of the
280northeast quarter of Section 22, and the west half of
281the southeast quarter of Section 22; all in the
282township 32 S. R. 39  E.;
283
284The West half of southeast quarter of the northeast
285quarter; and the west half of the east half of the
286southeast quarter; all in Section 22, Township 32 S.
287R. 39 E.;
288
289The West half of southwest quarter of northwest
290quarter; and the west half of southeast quarter; all
291in Section 26, Township 32 S. R. 39 E.;
292
293The West half of Section 35, Township 32 S. R. 39 E.;
294except the east half of the northeast quarter of
295northwest quarter of said Section;
296
297The Southeast quarter of Section 35, Township 32, S.
298R. 39 E.;
299
300The South half of Section 36, Township 32 S. R. 39 E.;
301
302Lots 5 and 6 of Section 31, Township 32 S. R. 40 E.;
303
304Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16,
30517, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31,
30632, 33, 34, 35 and 36, all in Township 33 S. R. 39 E;
307
308The West half of west half of Section 1, Township 33
309S. R. 39 E.;
310
311The West half of southwest quarter of northwest
312quarter; the west half of northwest quarter of
313southwest quarter; the southwest quarter of southwest
314quarter; all in Section 12, Township 33 S. R. 39 E.;
315
316The West half of northwest quarter; the west half of
317southeast quarter of northwest quarter; the southwest
318quarter; the west half of southwest quarter of
319southeast quarter; all in Section 13, Township 33, S.
320R. 39 E.;
321
322The Northwest quarter; the southwest quarter; the west
323half of the northwest quarter of northeast quarter;
324the southwest quarter of northeast quarter; the west
325half of southeast quarter; the west half of northeast
326quarter of southeast quarter; the west half of
327southeast quarter of southeast quarter; all in Section
32824, Township 33 S. R. 39 E.;
329
330All of Section 25, Township 33 S. R. 39 E., except the
331east half of the east half of the northeast quarter of
332said Section;
333
334The West half of the southwest quarter of the
335southwest quarter of Section 30, Township 33 S. R. 40
336E.;
337
338The West half of the northwest quarter; the west half
339of the southwest quarter; the west half of the
340northeast quarter of the southwest quarter; the
341southeast quarter of the southwest quarter; all in
342Section 31, Township 33 S. R. 40 E.
343
344Sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 22,
34523, 24, 25, 26, 27, 35 and 36, all in Township 33 S.
346R. 38 E.;
347
348The East half of Section 5, Township 33 S. R. 38 E.;
349
350The East half of Section 34, Township 33 S. R. 38 E.
351
352     Section 2.  All of the acts and proceedings of the board of
353supervisors and all officers and agents of Indian River Farms
354Water Control District in Indian River County acting for and on
355behalf of said district prior to August 2, 1921, the effective
356date of chapter 8882 (1921), Laws of Florida, be and they are
357hereby ratified, approved, validated, and confirmed.
358     Section 3.  The provisions of the general drainage laws of
359this state applicable to drainage districts or subdrainage
360districts which are embodied in chapter 298, Florida Statutes,
361and all of the laws amendatory thereof, now existing or
362hereafter enacted, so far as not inconsistent with this act, are
363hereby declared to be applicable to said Indian River Farms
364Water Control District, except as may be otherwise herein
365provided.
366     Section 4.  Taxes shall be levied and apportioned as
367provided for in the general drainage laws of this state, which
368are embodied in chapter 298, Florida Statutes, and amendments
369thereto, except as otherwise provided herein.
370     Section 5.  Maintenance taxes as provided for under section
371298.54, Florida Statutes, shall be apportioned upon the basis of
372the net assessments of benefits assessed as accruing for
373original construction, and shall be evidenced to and certified
374by the board of supervisors, not later than August 31 of each
375year, to the Property Appraiser of Indian River County, and
376shall be extended by the county on the county tax roll and shall
377be collected by the tax collector in the same manner and time as
378county taxes and the proceeds therefrom paid to said district.
379Said tax shall be a lien until paid on the property against
380which assessed and enforceable in like manner as county taxes.
381     Section 6.  All taxes levied by the district shall be and
382become delinquent and bear penalties on the amount of said taxes
383in the same manner as county taxes.
384     Section 7.  (1)  Indian River County shall be paid annually
385an amount equal to 1 percent of the total taxes of the district
386and the Tax Collector of Indian River County shall be paid
387annually an amount equal to 1 percent of the total taxes of the
388district collected, for their respective services to the Indian
389River Farms Water Control District in said county for
390respectively assessing and collecting said drainage district
391taxes, provided, however, that the total amount to be paid to
392said county and tax collector in any one year shall not exceed
393the sum of $1,500 to each. All compensation paid the county and
394the tax collector shall be paid from the proceeds of the
395maintenance tax.
396     (2)  The services of said county and said county tax
397collector in assessing and collecting said drainage district
398taxes are hereby declared to be special services performed
399directly for said district and the amounts paid therefor shall
400not be considered a part of the general income of their
401respective offices, nor shall it come under the provisions of
402sections 116.03, 145.10, and 145.11, Florida Statutes. The
403personnel required to do said special work shall be paid for
404such special services by the county or the tax collector, as the
405case may be, from the receipts provided for such purpose.
406     Section 8.  All drainage taxes levied by the district,
407together with all penalties for default in payment of the same
408and all costs in collecting the same, shall constitute a lien of
409equal dignity with the liens for county taxes, and other taxes
410of equal dignity with county taxes, upon all the lands against
411which said taxes shall be levied. A sale of any of the lands
412within the district for county or other taxes shall not operate
413to relieve or release the lands so sold from the lien for
414subsequent installments of district taxes, which lien may be
415enforced against such lands as though no such sale thereof had
416been made.
417     Section 9.  The board of supervisors may issue bonds under
418the provisions of chapter 298, Florida Statutes, without the
419approval of the board of drainage commissioners, as provided for
420in section 298.47, Florida Statutes.
421     Section 10.  (1)  After the levy of maintenance taxes for
422any year, the board of supervisors may from time to time issue
423warrants or negotiable notes or other evidences of indebtedness
424of the district, which shall be payable solely from such
425maintenance taxes and shall not be issued in an amount greater
426than the amount of such maintenance taxes then unpaid less the
427amount of any of such notes then outstanding. All such notes
428shall mature not later than 1 year after the date of issuance
429thereof, shall bear interest at a rate or rates not exceeding 6
430percent per annum, and shall have such other details as shall be
431provided in the resolution or resolutions of the board of
432supervisors authorizing the issuance thereof.
433     (2)  After the authorization of any bonds under the
434provisions of chapter 298, Florida Statutes, the board of
435supervisors may from time to time issue bond anticipation notes
436in anticipation of the issuance of such bonds and the amount
437thereof shall not exceed the amount of bonds authorized and not
438issued. Such notes shall all mature not later than 1 year after
439the date thereof and may be renewed for a further period of not
440exceeding 1 year, but all of such notes, including the renewals
441thereof, shall mature not later than 2 years after the date
442thereof. Such bond anticipation notes shall be paid from the
443proceeds of such bonds when issued, or from any taxes levied for
444the payment of such bonds which have been authorized, but in
445such case a like amount of the bonds authorized shall not be
446issued. The proceeds of any bond anticipation notes shall be
447used solely for the purposes provided in the resolution which
448authorized the issuance of the bonds in anticipation of which
449bond anticipation notes are issued.
450     Section 11.  In preparing the drainage tax book of said
451Indian River Farms Water Control District from year to year, the
452secretary of said district shall insert opposite the description
453of the tract of land to be assessed the name of the person or
454persons or corporation owning said tract on the first day of the
455preceding January to the best of the knowledge and belief of
456said secretary, but any failure to insert the name of the right
457owner shall not invalidate such assessment.
458     Section 12.  In preparing the drainage tax book of said
459Indian River Farms Water Control District from year to year, the
460secretary of said district may describe each tract of land
461according to any plat or subdivision thereof, or by metes and
462bounds, or by any other convenient and feasible manner, stating
463the actual number of acres contained in the tract to the best of
464his or her knowledge, and the owner shall be required to pay
465taxes only upon the acreage as shown by said district tax book.
466     Section 13.  Beginning with the year 1924, the annual
467landowners' meeting for said Indian River Farms Water Control
468District shall be held in the month of February in each
469successive year, on such day as the board of supervisors of said
470district may fix from time to time.
471     Section 14.  It shall be unlawful for any person, firm, or
472corporation to connect or to maintain a connection of any farm
473ditch with any of the canals, ditches, laterals, or waterways
474constructed, controlled, or maintained by Indian River Farms
475Water Control District in Indian River County, except in
476accordance with plans and specifications showing method of such
477connection as prescribed by the board of supervisors of said
478district. Any violation of this act shall be punished as
479prescribed by the general law for punishment of misdemeanors.
480The board of supervisors shall also have the right and power to
481cause any such connection constructed or maintained in violation
482of this act to be blocked or stopped up.
483     Section 15.  The Board of Supervisors of Indian River Farms
484Water Control District in Indian River County, in order to
485effect the drainage, reclamation, and protection of lands in the
486district, is hereby authorized to construct, install, and
487maintain locks, dams, and other works and facilities in the
488canals, ditches, and drains in said district and elsewhere.
489     Section 16.  In order to raise money to pay the cost of
490constructing and installing the water control and water
491conservation works and facilities herein authorized, and to pay
492the principal of and interest on any bonds or other obligations
493which may be issued to provide funds for such purposes, the
494board of supervisors of the district is hereby authorized and
495required to levy, assess, and cause to be collected an annual
496tax on all lands in said district subject to taxation. Such tax
497shall be at a uniform rate for all lands within the district and
498shall be assessed against each acre, fraction, or fractional
499interest therein.
500     Section 17.  It has been ascertained and determined and it
501is hereby declared that the water control and conservation works
502and facilities authorized to be constructed, installed, and
503maintained pursuant to the provisions of this act are for a
504public purpose and will confer benefits upon all lands within
505Indian River Farms Water Control District in an amount at least
506equal to the taxes authorized by the provisions of this act to
507be levied and that all lands in said district will be benefited
508equally by said works and facilities.
509     Section 18.  No landowner in the Indian River Farms Water
510Control District in Indian River County shall be permitted to
511vote at any landowners' meeting of said district for any lands
512in the district on which the drainage taxes are delinquent at
513the time of such meeting.
514     Section 19.  The owners of 25 percent of the acreage
515included in the Indian River Farms Water Control District shall
516be necessary and present in person or by proxy to constitute a
517quorum at any landowners' meeting in said district. In
518determining whether or not a quorum is present at any meeting,
519all lands in the district on which drainage taxes are delinquent
520at the time of such meeting shall be excluded from the
521computation of total acreage in the district and from the
522computation of the total acreage present represented by owners
523present in person or by proxy. A majority of the landowners
524present and voting shall elect the supervisors of said district
525and shall pass any motion and after such passage the same shall
526constitute the action of the landowners.
527     Section 20.  The board of supervisors of said district is
528hereby authorized to assess and levy a minimum drainage tax,
529which said minimum drainage tax shall be at a rate not less than
530the 1-acre tax rate as established by the district from time to
531time. Said minimum drainage tax shall apply to any one parcel
532separately assessed on the tax rolls of said tax district.
533     Section 21.  The Indian River Farms Water Control District
534is herewith authorized and empowered to expend the funds of said
535district as shall be from time to time determined by the board
536of supervisors in clearing, cleaning, and maintaining any and
537all parts of the Indian River and the swamped and submerged
538lands adjacent to any of the canals and works of said district
539in order to improve and facilitate the operations and functions
540of said district.
541     Section 22.  No entity vested with the power of eminent
542domain shall be permitted to take, by eminent domain
543proceedings, for any purpose whatsoever, any property, whether
544in fee, easement, or otherwise, belonging to the Indian River
545Farms Water Control District unless the absolute necessity for
546such taking shall be shown. However, this act shall not apply to
547the United States Government or any of its agencies, to the
548government of the state or any of its agencies, to the
549government of Indian River County or any of its agencies, and to
550the government of the City of Vero Beach or any of its agencies.
551     Section 23.  For the purposes of this act, the term
552"absolute necessity" shall mean that there is no alternative
553route open to the condemning authority or that the cost of the
554alternative route would be prohibitive in comparison to the
555overall cost of the proposed project.
556          Section 24.  The Indian River Farms Water Control District
557is hereby authorized to grant such permits as it shall deem
558proper in allowing any access over, under, or across its lands.
559     Section 25.  The board of supervisors of the district shall
560have power, in the resolution or other proceedings authorizing
561the issuance of any bonds, to enter into valid and legally
562binding covenants and agreements with the holders of such bonds
563as to the custody and security of the proceeds of said bonds, or
564of any bond anticipation notes issued in anticipation thereof,
565the custody and security of any debt service funds, including
566reserves, and the appointment of banks or trust companies as
567trustee to hold such construction funds and debt service and
568reserve funds, the rank or priority as between the bonds
569originally issued by the district and any bonds thereafter
570issued and terms and conditions under which any bonds can be
571issued by the district after the original bonds or notes have
572been issued to finance the cost of the drainage improvements or
573works, and such other covenants and conditions as shall be
574deemed necessary and advisable by the board of supervisors in
575accordance with bond market practices and in order to better
576secure the payment of such bonds and the marketability thereof.
577All such covenants and agreements shall be and constitute valid
578and legally binding obligations of the district, and the state
579does hereby covenant that it will not by any legislation
580hereafter in any manner repeal, modify, or impair the rights,
581remedies, and security of the holders of any bonds or other
582obligations issued by the district.
583     Section 26.  The district shall also have power to covenant
584and agree with the holders of such bonds that all of the fees
585and expenses for the levy and collection of taxes in said
586district and of any trustees or other custodians of the bond
587proceeds or of the construction funds or debt service funds or
588reserves therefor or the cost of the expenses of any annual
589audits or of any other annually recurring services or costs
590shall be paid from the maintenance taxes to be collected in each
591year with said district and not from the proceeds of any bonds
592or other obligations issued by said district.
593     Section 27.  It is hereby declared that in said district,
594surface waters, which shall include rainfall and the overflow of
595rivers and streams, are a common enemy, and the said district
596and any individual or agency holding a permit to do so from said
597district shall have the right to dike, dam, and construct levees
598to protect the said district or any part thereof, or the
599property of said individual or agency against the same, and
600thereby divert the course and flow of such surface water and/or
601pump the water from within such dikes and levees.
602     Section 28.  Each supervisor shall be paid for his or her
603services a per diem of $50 for each day actually engaged in work
604pertaining to the said district, but the supervisors shall not
605in any one month be paid more than $200 each, except that in
606addition to the said per diem, they shall be paid 10 cents per
607mile for each mile actually traveled in going to and from their
608places of residence to the place of meeting.
609     Section 29.  (1)  The district shall also have power to
610levy fines for the introduction of pollutants into the waters of
611the district, for violation of any rule or regulation
612promulgated by the Florida Department of Environmental
613Protection, for violation of the United States Clean Water Act,
61433 U.S.C. ss. 1251-1387, or for violation of the conditions of
615any National Pollutant Discharge Elimination System permit.
616     (2)  If, after notice and an opportunity to be heard by the
617board of supervisors of the district, any person is found and
618determined to have committed any of the foregoing violations,
619the district shall enter an order imposing a fine, or a fine
620plus repair costs, against the violator, and a certified copy of
621the order may be recorded in the public records of Indian River
622County and thereafter shall constitute a lien against the land
623on which the violation exists. Upon petition to the circuit
624court, such order shall be enforceable in the same manner as a
625court judgment by the sheriffs of this state, including
626execution and levy against the personal property of the
627violator, but such order shall not be deemed a court judgment
628except for enforcement purposes. A fine imposed pursuant to this
629section shall continue to accrue until the violator comes into
630compliance or until judgment is rendered in a suit filed
631pursuant to this section, whichever occurs first. A lien arising
632from a fine imposed pursuant to this section runs in favor of
633the district, and the district may execute a satisfaction or
634release of lien entered pursuant to this section. Three months
635after the filing of any such lien which remains unpaid, the
636board may authorize its attorney to foreclose on the lien or to
637sue to recover a money judgment for the amount of the lien plus
638accrued interest. No lien created pursuant to the provisions of
639this section may be foreclosed on real property which is
640homestead under s. 4, Art. X of the State Constitution. No lien
641provided hereunder shall continue for a period longer than 20
642years after the certified copy of an order imposing a fine has
643been recorded, unless within that time an action is commenced in
644a court of competent jurisdiction. In an action to foreclose on
645a lien or for a money judgment, the prevailing party is entitled
646to recover all costs and reasonable attorney's fees that it
647incurs in the action.
648     Section 30.  If any provision of this act or the
649application thereof to any person or circumstance is held
650invalid, the invalidity shall not affect other provisions or
651applications of the act which can be given effect without the
652invalid provision or application, and to this end the provisions
653of this act are declared severable.
654     Section 4.  Chapters 8882 (1921), 9988 (1923), 10693
655(1925), 12057 (1927), 12058 (1927), 14737 (1931), 16048 (1933),
65617066 (1935), 19188 (1939), 23906 (1947), 28403 (1953), 57-1104,
65763-832, and 67-843, Laws of Florida, are repealed.
658     Section 5.  This act shall take effect upon becoming a law.


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