1 | A bill to be entitled |
2 | An act relating to Indian River Farms Water Control |
3 | District, Indian River County; codifying, amending, |
4 | reenacting, and repealing special acts relating to the |
5 | district; providing territorial boundaries of the |
6 | district; making the provisions of ch. 298, F.S., |
7 | applicable thereto; providing for the levy, collection, |
8 | and enforcement of installment and maintenance taxes by |
9 | said district at the same time and in like manner as |
10 | county taxes; providing that said taxes shall be extended |
11 | by the county on the county tax roll and shall be |
12 | collected by the tax collector in the same manner and time |
13 | as county taxes; providing for the same discounts and |
14 | penalties as county taxes; providing for the compensation |
15 | of the tax collector; providing that district taxes shall |
16 | be a lien on lands against which taxes are levied of equal |
17 | dignity with county and other taxes; providing that the |
18 | approval of the board of drainage commissioners is not |
19 | required to issue bonds; providing for floating |
20 | indebtedness of the district; providing that payment of |
21 | taxes in advance is not authorized; providing that use of |
22 | bonds and interest coupons in payment of taxes is not |
23 | authorized; providing that water is a common enemy; |
24 | providing for compensation of the board of supervisors; |
25 | providing for fines for introducing pollutants into the |
26 | waters of the district; providing for severability; |
27 | providing an effective date. |
28 |
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29 | Be It Enacted by the Legislature of the State of Florida: |
30 |
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31 | Section 1. Pursuant to section 189.429, Florida Statutes, |
32 | this act constitutes the codification of all special acts |
33 | relating to the Indian River Farms Water Control District, |
34 | hereinafter referred to as the "district," together with the |
35 | decree creating and incorporating the district. It is the intent |
36 | of the Legislature in enacting this law to provide a single, |
37 | comprehensive special act charter for the district, including |
38 | all current legislative authority granted to the district by its |
39 | several legislative enactments, any additional authority granted |
40 | by this act, and authority granted by applicable general law. |
41 | Section 2. Chapters 8882 (1921), 9988 (1923), 10693 |
42 | (1925), 12057 (1927), 12058 (1927), 14737 (1931), 16048 (1933), |
43 | 17066 (1935), 19188 (1939), 23906 (1947), 28403 (1953), 57-1104, |
44 | 63-832, and 67-843, Laws of Florida, are codified, reenacted, |
45 | amended, and repealed as provided in this act. |
46 | Section 3. The Indian River Farms Water Control District |
47 | is re-created, and the charter for such district is re-created |
48 | and reenacted to read: |
49 | Section 1. The decree of the Circuit Court in and for the |
50 | Fifteenth Judicial Circuit, St. Lucie County, entered in the |
51 | case captioned "In re: Indian River Farms Drainage District" on |
52 | May 6, 1919, creating and incorporating the Indian River Farms |
53 | Water Control District, an independent special district, under |
54 | chapter 6458 (1913), Laws of Florida, and the order of said |
55 | court approving the report of the district commissioners entered |
56 | on August 18, 1921, and all subsequent proceedings taken in said |
57 | circuit court concerning said district are hereby ratified, |
58 | confirmed, and approved, including its territorial boundaries as |
59 | follows: |
60 |
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61 | Begin at the Northwest corner of Township 32 S. R. 39 |
62 | E.; Thence East to the northwest corner of northeast |
63 | quarter of Section 5, Township 32 S. R. 39 E; Thence |
64 | North to the northwest corner of northeast quarter of |
65 | Section 32, Township 31 S. R. 39 E.; Thence East to |
66 | the northwest corner of Section 33, Township 31 S. R. |
67 | 39 E.; Thence South to the northwest corner of the |
68 | southwest quarter of the northwest quarter of Section |
69 | 33, Township 31 S. R. 39 E.; Thence East to the |
70 | Northeast corner of the southwest quarter to the |
71 | northwest quarter of said Section 33; Thence South to |
72 | the northeast corner of the northwest quarter of the |
73 | southwest quarter of said Section 33; Thence East to |
74 | the northeast corner of the west half of the northeast |
75 | quarter of the southwest quarter of said Section 33; |
76 | Thence South to the southeast corner of the west half |
77 | of the northeast quarter of the northwest quarter of |
78 | said Section 33; Thence East to the northeast corner |
79 | of the southeast quarter of the southwest quarter of |
80 | said Section 33; Thence South to the southeast corner |
81 | of the northeast quarter of the northwest quarter of |
82 | Section 4, Township 32 S. R. 39 E.; Thence East to the |
83 | northeast corner of the west half of the southwest |
84 | quarter of the northeast quarter of said Section 4; |
85 | Thence South to the southeast corner of the west half |
86 | of the northwest quarter of the southeast quarter of |
87 | said Section 4; Thence East to the northeast corner of |
88 | the southwest quarter of the southeast quarter of said |
89 | Section 4; Thence South to the southeast corner of the |
90 | southwest quarter of the southeast quarter of said |
91 | Section 4; thence East to the northeast corner of the |
92 | west half of the northeast quarter of the northeast |
93 | quarter of Section 9, Township 32 S. R. 39 E.; Thence |
94 | South to the southeast corner of the west half of the |
95 | northeast quarter of the northeast quarter of said |
96 | Section 9; Thence East to the northeast corner of the |
97 | southeast quarter of the northeast quarter of said |
98 | Section 9; Thence South to the southeast corner of the |
99 | southeast quarter of the northeast quarter of said |
100 | Section 9; Thence East to the northeast corner of the |
101 | west half of the northwest quarter of the southwest |
102 | quarter of Section 10, Township 32 S. R. 39 E.; Thence |
103 | South to the southeast corner of the west half of the |
104 | northwest quarter of the southwest quarter of said |
105 | Section 10; Thence East to the northeast corner of the |
106 | southwest quarter of the southwest quarter of said |
107 | Section 10; Thence South to the southeast corner of |
108 | the southwest quarter of the southwest quarter of said |
109 | Section 10; Thence East to the northeast corner of |
110 | the west half of the northeast quarter of the |
111 | northwest quarter of Section 15, Township 32 S. R. 39 |
112 | E.; Thence South to the southeast corner of the west |
113 | half of the northeast quarter of the northwest quarter |
114 | of said Section 15; Thence East to the northeast |
115 | corner of the southeast quarter of the northwest |
116 | quarter of said Section 15; Thence South to the |
117 | southeast corner of the northwest quarter of said |
118 | Section 15; Thence East to the northeast corner of the |
119 | west half of the northwest quarter of the southeast |
120 | quarter of said Section 15; Thence South to the |
121 | southeast corner of the west half of the northwest |
122 | quarter of the southeast quarter of said Section 15; |
123 | Thence East to the northeast corner of the southwest |
124 | quarter of the southeast quarter of said Section 15; |
125 | Thence South to the southeast corner of the northwest |
126 | quarter of the northeast quarter of Section 22, |
127 | Township 32 S. R. 39 E.; Thence East to the northeast |
128 | corner of the west half of southeast quarter of |
129 | northeast quarter of said Section 22; Thence South to |
130 | the southeast corner of west half of southeast quarter |
131 | of southeast quarter of said Section 22; Thence East |
132 | to the northeast corner of Section 27, Township 32 S. |
133 | R. 39 E.; Thence South to the southeast corner of |
134 | northeast quarter of northeast quarter of said Section |
135 | 27; Thence East to the northeast corner of west half |
136 | of the southwest quarter of the northwest quarter of |
137 | Section 26, Township 32 S R. 39 E.; Thence South to |
138 | the southeast corner of the west half of southwest |
139 | quarter of the northwest quarter of said Section 26; |
140 | Thence East to the northeast corner of the northwest |
141 | quarter of the southwest quarter of said Section 26; |
142 | Thence South to the southeast corner of the southwest |
143 | quarter of the southwest quarter of said Section 26; |
144 | Thence East to the northeast corner of west half of |
145 | the northeast quarter of northwest quarter of Section |
146 | 35, Township 32 S. R. 39 E.; Thence South to the |
147 | southeast corner of the west half of northeast quarter |
148 | of the northwest quarter of said Section 35; Thence |
149 | East to the northeast corner of the southeast quarter |
150 | of northwest quarter of said Section 35; Thence South |
151 | to the southeast corner of northwest quarter of said |
152 | Section 35; Thence East on the center line of Sections |
153 | 35 and 36, Township 32 S. R. 39 E., and along the |
154 | center line of Section 31, Township 32 S. R. 40 E. to |
155 | the water's edge of Indian River; Thence southerly |
156 | along the water's edge of the Indian River to the |
157 | north line of Township 33 S. R. 40 E.; Thence West |
158 | along said township line to the northeast corner of |
159 | the west half of the west half of Section 1, Township |
160 | 33 S. R. 39 E.; Thence South to the southeast corner |
161 | of west half of west half of said Section 1; Thence |
162 | west to the northwest corner of Section 12, Township |
163 | 33 S. R. 39 E.; Thence South to the southwest corner |
164 | of the northwest quarter of the northwest quarter of |
165 | said Section 12; Thence East to the northeast corner |
166 | of the west half of the southwest quarter of the |
167 | northwest quarter of said Section 12; Thence South to |
168 | the southeast corner of the west half of the northwest |
169 | quarter of the southwest quarter of said Section 12; |
170 | Thence East to the northeast corner of southwest |
171 | quarter of the southwest quarter of said Section 12; |
172 | Thence South to the southeast corner of the northwest |
173 | quarter of the northwest quarter of Section 13, |
174 | Township 33 S. R. 39 E.; Thence East to the northeast |
175 | corner of the west half of the southeast quarter of |
176 | the northwest quarter of said Section 13; Thence South |
177 | to the southeast corner of west half of the southeast |
178 | quarter of the northwest quarter of said Section 13; |
179 | Thence East to the northeast corner of the southwest |
180 | quarter of said Section 13; Thence South to the |
181 | southeast corner of the northeast quarter of the |
182 | southwest quarter of said Section 13; Thence East to |
183 | the northeast corner of the west half of the southwest |
184 | quarter of the southeast quarter of said Section 13; |
185 | Thence South to the southeast corner of the west half |
186 | of the northwest quarter of the northeast quarter of |
187 | Section 24, Township 33 S. R. 39 E.; Thence East to |
188 | the northeast corner of southwest quarter of the |
189 | northeast quarter of said Section 24; Thence South to |
190 | the southeast corner of the southwest quarter of the |
191 | northeast quarter of said Section 24; Thence East to |
192 | the northeast corner of the west half of the northeast |
193 | quarter of the southeast quarter of said Section 24; |
194 | Thence South to the southeast corner of the west half |
195 | of the southeast quarter of the northeast quarter of |
196 | Section 25, Township 33 S. R. 39 E.; Thence East to |
197 | the northeast corner of the southeast quarter of said |
198 | Section 25; Thence South to the southeast corner of |
199 | the northeast quarter of the southeast quarter of said |
200 | Section 25; Thence East to the northeast corner of the |
201 | west half of the southwest quarter of the southwest |
202 | quarter of Section 30, Township 33 S. R. 40 E.; Thence |
203 | South to the southeast corner of west half of the |
204 | southwest quarter of the southwest quarter of said |
205 | Section 30; Thence East to the northeast corner of the |
206 | northwest quarter of the northwest quarter of Section |
207 | 31, Township 33 S. R. 40 E.; Thence South to the |
208 | southeast corner of the southwest quarter of the |
209 | northwest quarter of said Section 31; Thence East to |
210 | the northeast corner of the west half of the northeast |
211 | quarter of the southwest quarter of said Section 31; |
212 | Thence South to the southeast corner of the west half |
213 | of the northeast quarter of the southwest quarter of |
214 | said Section 31; Thence East to the northeast corner |
215 | of the southeast quarter of the southwest quarter of |
216 | said Section 31; Thence South to the southeast corner |
217 | of the southwest quarter of said Section 31, Township |
218 | 33 S. R. 40 E.; Thence West along Township lines nine |
219 | miles more or less to the southwest corner of the |
220 | southeast quarter of Section 34, Township 33 S. R. 38 |
221 | E.; Thence North to the northwest corner of the |
222 | northeast quarter of Section 34, Township 33 S. R. 38 |
223 | E.; Thence West to the southwest corner of Section 27, |
224 | Township 33 S. R. 38 E.; Thence North to the southeast |
225 | corner of Section 9, Township 33 S. R. 38 E.; Thence |
226 | West to the southwest corner of Section 9, Township 33 |
227 | S. R. 38 E.; Thence North to the southeast corner of |
228 | Section 5, Township 33 S. R. 38 E.; Thence West to the |
229 | southwest corner of southeast quarter of Section 5, |
230 | Township 33 S. R. 38 E.; Thence North on center line |
231 | of Section 5 to northwest corner of northeast quarter |
232 | of Section 5, Township 33 S. R. 38 E.; Thence East |
233 | along Township line to the northwest corner of |
234 | Township 33 S. R. 39 E.; Thence North to the northwest |
235 | corner of Township 32 S. R. 39 E., being the point of |
236 | beginning. |
237 |
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238 | The foregoing boundaries containing and including the |
239 | following lands, to wit: |
240 | The East half of Section 32, Township 31 S. R. 39 E.; |
241 |
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242 | The Southwest quarter of northwest quarter; the |
243 | northwest quarter of southwest quarter; the west half |
244 | of northeast quarter of southwest quarter; the south |
245 | half of southwest quarter; all in Section 33, Township |
246 | 31 S. R. 39 E.; |
247 |
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248 | Sections 5, 6, 7, 8, 16, 17, 18, 19, 20, 21, 27, 28, |
249 | 29, 30, 31, 32, 33, and 34, all in Township 32 S. R. |
250 | 39 E; |
251 |
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252 | The West half of Section 4, Township 32 S. R. 39 E.; |
253 |
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254 | The West half of southwest quarter of northeast |
255 | quarter; the west half of northwest quarter of |
256 | southeast quarter; the southwest quarter of southeast |
257 | quarter; all in Section 4, Township 32 S. R. 39 E.; |
258 |
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259 | All of Section 9, Township 32 S. R. 39 E., except the |
260 | east half of northeast quarter of northeast quarter of |
261 | said section; |
262 |
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263 | The West half of northwest quarter of southwest |
264 | quarter; and the southwest quarter of southwest |
265 | quarter; all in Section 10, Township 32 S. R. 39 E.; |
266 |
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267 | All of the West half of Section 15, Township 32 S. R. |
268 | 39 E., except the east half of the northeast quarter |
269 | of northwest quarter of said Section; |
270 |
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271 | The West half of northwest quarter of southeast |
272 | quarter; and the southwest quarter of the southeast |
273 | quarter; all in Section 15, Township 32 S. R. 39 E.; |
274 |
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275 | The West half of Section 22; the west half of the |
276 | northeast quarter of Section 22, and the west half of |
277 | the southeast quarter of Section 22; all in the |
278 | township 32 S. R. 39 E.; |
279 |
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280 | The West half of southeast quarter of the northeast |
281 | quarter; and the west half of the east half of the |
282 | southeast quarter; all in Section 22, Township 32 S. |
283 | R. 39 E.; |
284 |
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285 | The West half of southwest quarter of northwest |
286 | quarter; and the west half of southeast quarter; all |
287 | in Section 26, Township 32 S. R. 39 E.; |
288 |
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289 | The West half of Section 35, Township 32 S. R. 39 E.; |
290 | except the east half of the northeast quarter of |
291 | northwest quarter of said Section; |
292 |
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293 | The Southeast quarter of Section 35, Township 32, S. |
294 | R. 39 E.; |
295 |
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296 | The South half of Section 36, Township 32 S. R. 39 E.; |
297 |
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298 | Lots 5 and 6 of Section 31, Township 32 S. R. 40 E.; |
299 |
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300 | Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, |
301 | 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31, |
302 | 32, 33, 34, 35 and 36, all in Township 33 S. R. 39 E; |
303 |
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304 | The West half of west half of Section 1, Township 33 |
305 | S. R. 39 E.; |
306 |
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307 | The West half of southwest quarter of northwest |
308 | quarter; the west half of northwest quarter of |
309 | southwest quarter; the southwest quarter of southwest |
310 | quarter; all in Section 12, Township 33 S. R. 39 E.; |
311 |
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312 | The West half of northwest quarter; the west half of |
313 | southeast quarter of northwest quarter; the southwest |
314 | quarter; the west half of southwest quarter of |
315 | southeast quarter; all in Section 13, Township 33, S. |
316 | R. 39 E.; |
317 |
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318 | The Northwest quarter; the southwest quarter; the west |
319 | half of the northwest quarter of northeast quarter; |
320 | the southwest quarter of northeast quarter; the west |
321 | half of southeast quarter; the west half of northeast |
322 | quarter of southeast quarter; the west half of |
323 | southeast quarter of southeast quarter; all in Section |
324 | 24, Township 33 S. R. 39 E.; |
325 |
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326 | All of Section 25, Township 33 S. R. 39 E., except the |
327 | east half of the east half of the northeast quarter of |
328 | said Section; |
329 |
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330 | The West half of the southwest quarter of the |
331 | southwest quarter of Section 30, Township 33 S. R. 40 |
332 | E.; |
333 |
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334 | The West half of the northwest quarter; the west half |
335 | of the southwest quarter; the west half of the |
336 | northeast quarter of the southwest quarter; the |
337 | southeast quarter of the southwest quarter; all in |
338 | Section 31, Township 33 S. R. 40 E. |
339 |
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340 | Sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 22, |
341 | 23, 24, 25, 26, 27, 35 and 36, all in Township 33 S. |
342 | R. 38 E.; |
343 |
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344 | The East half of Section 5, Township 33 S. R. 38 E.; |
345 |
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346 | The East half of Section 34, Township 33 S. R. 38 E. |
347 |
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348 | Section 2. All of the acts and proceedings of the board of |
349 | supervisors and all officers and agents of Indian River Farms |
350 | Water Control District in Indian River County acting for and on |
351 | behalf of said district prior to August 2, 1921, the effective |
352 | date of chapter 8882 (1921), Laws of Florida, be and they are |
353 | hereby ratified, approved, validated, and confirmed. |
354 | Section 3. The provisions of the general drainage laws of |
355 | this state applicable to drainage districts or subdrainage |
356 | districts which are embodied in chapter 298, Florida Statutes, |
357 | and all of the laws amendatory thereof, now existing or |
358 | hereafter enacted, so far as not inconsistent with this act, are |
359 | hereby declared to be applicable to said Indian River Farms |
360 | Water Control District, except as may be otherwise herein |
361 | provided. |
362 | Section 4. Taxes shall be levied and apportioned as |
363 | provided for in the general drainage laws of this state, which |
364 | are embodied in chapter 298, Florida Statutes, and amendments |
365 | thereto, except as otherwise provided herein. |
366 | Section 5. Maintenance taxes as provided for under section |
367 | 298.54, Florida Statutes, shall be apportioned upon the basis of |
368 | the net assessments of benefits assessed as accruing for |
369 | original construction, and shall be evidenced to and certified |
370 | by the board of supervisors, not later than August 31 of each |
371 | year, to the Property Appraiser of Indian River County, and |
372 | shall be extended by the county on the county tax roll and shall |
373 | be collected by the tax collector in the same manner and time as |
374 | county taxes and the proceeds therefrom paid to said district. |
375 | Said tax shall be a lien until paid on the property against |
376 | which assessed and enforceable in like manner as county taxes. |
377 | Section 6. All taxes levied by the district shall be and |
378 | become delinquent and bear penalties on the amount of said taxes |
379 | in the same manner as county taxes. |
380 | Section 7. (1) Indian River County shall be paid annually |
381 | an amount equal to 1 percent of the total taxes of the district |
382 | and the Tax Collector of Indian River County shall be paid |
383 | annually an amount equal to 1 percent of the total taxes of the |
384 | district collected, for their respective services to the Indian |
385 | River Farms Water Control District in said county for |
386 | respectively assessing and collecting said drainage district |
387 | taxes, provided, however, that the total amount to be paid to |
388 | said county and tax collector in any one year shall not exceed |
389 | the sum of $1,500 to each. All compensation paid the county and |
390 | the tax collector shall be paid from the proceeds of the |
391 | maintenance tax. |
392 | (2) The services of said county and said county tax |
393 | collector in assessing and collecting said drainage district |
394 | taxes are hereby declared to be special services performed |
395 | directly for said district and the amounts paid therefor shall |
396 | not be considered a part of the general income of their |
397 | respective offices, nor shall it come under the provisions of |
398 | sections 116.03, 145.10, and 145.11, Florida Statutes. The |
399 | personnel required to do said special work shall be paid for |
400 | such special services by the county or the tax collector, as the |
401 | case may be, from the receipts provided for such purpose. |
402 | Section 8. All drainage taxes levied by the district, |
403 | together with all penalties for default in payment of the same |
404 | and all costs in collecting the same, shall constitute a lien of |
405 | equal dignity with the liens for county taxes, and other taxes |
406 | of equal dignity with county taxes, upon all the lands against |
407 | which said taxes shall be levied. A sale of any of the lands |
408 | within the district for county or other taxes shall not operate |
409 | to relieve or release the lands so sold from the lien for |
410 | subsequent installments of district taxes, which lien may be |
411 | enforced against such lands as though no such sale thereof had |
412 | been made. |
413 | Section 9. The board of supervisors may issue bonds under |
414 | the provisions of chapter 298, Florida Statutes, without the |
415 | approval of the board of drainage commissioners, as provided for |
416 | in section 298.47, Florida Statutes. |
417 | Section 10. (1) After the levy of maintenance taxes for |
418 | any year, the board of supervisors may from time to time issue |
419 | warrants or negotiable notes or other evidences of indebtedness |
420 | of the district, which shall be payable solely from such |
421 | maintenance taxes and shall not be issued in an amount greater |
422 | than the amount of such maintenance taxes then unpaid less the |
423 | amount of any of such notes then outstanding. All such notes |
424 | shall mature not later than 1 year after the date of issuance |
425 | thereof, shall bear interest at a rate or rates not exceeding 6 |
426 | percent per annum, and shall have such other details as shall be |
427 | provided in the resolution or resolutions of the board of |
428 | supervisors authorizing the issuance thereof. |
429 | (2) After the authorization of any bonds under the |
430 | provisions of chapter 298, Florida Statutes, the board of |
431 | supervisors may from time to time issue bond anticipation notes |
432 | in anticipation of the issuance of such bonds and the amount |
433 | thereof shall not exceed the amount of bonds authorized and not |
434 | issued. Such notes shall all mature not later than 1 year after |
435 | the date thereof and may be renewed for a further period of not |
436 | exceeding 1 year, but all of such notes, including the renewals |
437 | thereof, shall mature not later than 2 years after the date |
438 | thereof. Such bond anticipation notes shall be paid from the |
439 | proceeds of such bonds when issued, or from any taxes levied for |
440 | the payment of such bonds which have been authorized, but in |
441 | such case a like amount of the bonds authorized shall not be |
442 | issued. The proceeds of any bond anticipation notes shall be |
443 | used solely for the purposes provided in the resolution which |
444 | authorized the issuance of the bonds in anticipation of which |
445 | bond anticipation notes are issued. |
446 | Section 11. In preparing the drainage tax book of said |
447 | Indian River Farms Water Control District from year to year, the |
448 | secretary of said district shall insert opposite the description |
449 | of the tract of land to be assessed the name of the person or |
450 | persons or corporation owning said tract on the first day of the |
451 | preceding January to the best of the knowledge and belief of |
452 | said secretary, but any failure to insert the name of the right |
453 | owner shall not invalidate such assessment. |
454 | Section 12. In preparing the drainage tax book of said |
455 | Indian River Farms Water Control District from year to year, the |
456 | secretary of said district may describe each tract of land |
457 | according to any plat or subdivision thereof, or by metes and |
458 | bounds, or by any other convenient and feasible manner, stating |
459 | the actual number of acres contained in the tract to the best of |
460 | his or her knowledge, and the owner shall be required to pay |
461 | taxes only upon the acreage as shown by said district tax book. |
462 | Section 13. Beginning with the year 1924, the annual |
463 | landowners' meeting for said Indian River Farms Water Control |
464 | District shall be held in the month of February in each |
465 | successive year, on such day as the board of supervisors of said |
466 | district may fix from time to time. |
467 | Section 14. It shall be unlawful for any person, firm, or |
468 | corporation to connect or to maintain a connection of any farm |
469 | ditch with any of the canals, ditches, laterals, or waterways |
470 | constructed, controlled, or maintained by Indian River Farms |
471 | Water Control District in Indian River County, except in |
472 | accordance with plans and specifications showing method of such |
473 | connection as prescribed by the board of supervisors of said |
474 | district. Any violation of this act shall be punished as |
475 | prescribed by the general law for punishment of misdemeanors. |
476 | The board of supervisors shall also have the right and power to |
477 | cause any such connection constructed or maintained in violation |
478 | of this act to be blocked or stopped up. |
479 | Section 15. The Board of Supervisors of Indian River Farms |
480 | Water Control District in Indian River County, in order to |
481 | effect the drainage, reclamation, and protection of lands in the |
482 | district, is hereby authorized to construct, install, and |
483 | maintain locks, dams, and other works and facilities in the |
484 | canals, ditches, and drains in said district and elsewhere. |
485 | Section 16. In order to raise money to pay the cost of |
486 | constructing and installing the water control and water |
487 | conservation works and facilities herein authorized, and to pay |
488 | the principal of and interest on any bonds or other obligations |
489 | which may be issued to provide funds for such purposes, the |
490 | board of supervisors of the district is hereby authorized and |
491 | required to levy, assess, and cause to be collected an annual |
492 | tax on all lands in said district subject to taxation. Such tax |
493 | shall be at a uniform rate for all lands within the district and |
494 | shall be assessed against each acre, fraction, or fractional |
495 | interest therein. |
496 | Section 17. It has been ascertained and determined and it |
497 | is hereby declared that the water control and conservation works |
498 | and facilities authorized to be constructed, installed, and |
499 | maintained pursuant to the provisions of this act are for a |
500 | public purpose and will confer benefits upon all lands within |
501 | Indian River Farms Water Control District in an amount at least |
502 | equal to the taxes authorized by the provisions of this act to |
503 | be levied and that all lands in said district will be benefited |
504 | equally by said works and facilities. |
505 | Section 18. No landowner in the Indian River Farms Water |
506 | Control District in Indian River County shall be permitted to |
507 | vote at any landowners' meeting of said district for any lands |
508 | in the district on which the drainage taxes are delinquent at |
509 | the time of such meeting. |
510 | Section 19. The owners of 25 percent of the acreage |
511 | included in the Indian River Farms Water Control District shall |
512 | be necessary and present in person or by proxy to constitute a |
513 | quorum at any landowners' meeting in said district. In |
514 | determining whether or not a quorum is present at any meeting, |
515 | all lands in the district on which drainage taxes are delinquent |
516 | at the time of such meeting shall be excluded from the |
517 | computation of total acreage in the district and from the |
518 | computation of the total acreage present represented by owners |
519 | present in person or by proxy. A majority of the landowners |
520 | present and voting shall elect the supervisors of said district |
521 | and shall pass any motion and after such passage the same shall |
522 | constitute the action of the landowners. |
523 | Section 20. The board of supervisors of said district is |
524 | hereby authorized to assess and levy a minimum drainage tax, |
525 | which said minimum drainage tax shall be at a rate not less than |
526 | the 1-acre tax rate as established by the district from time to |
527 | time. Said minimum drainage tax shall apply to any one parcel |
528 | separately assessed on the tax rolls of said tax district. |
529 | Section 21. The Indian River Farms Water Control District |
530 | is herewith authorized and empowered to expend the funds of said |
531 | district as shall be from time to time determined by the board |
532 | of supervisors in clearing, cleaning, and maintaining any and |
533 | all parts of the Indian River and the swamped and submerged |
534 | lands adjacent to any of the canals and works of said district |
535 | in order to improve and facilitate the operations and functions |
536 | of said district. |
537 | Section 22. No entity vested with the power of eminent |
538 | domain shall be permitted to take, by eminent domain |
539 | proceedings, for any purpose whatsoever, any property, whether |
540 | in fee, easement, or otherwise, belonging to the Indian River |
541 | Farms Water Control District unless the absolute necessity for |
542 | such taking shall be shown. However, this act shall not apply to |
543 | the United States Government or any of its agencies, to the |
544 | government of the state or any of its agencies, to the |
545 | government of Indian River County or any of its agencies, and to |
546 | the government of the City of Vero Beach or any of its agencies. |
547 | Section 23. For the purposes of this act, the term |
548 | "absolute necessity" shall mean that there is no alternative |
549 | route open to the condemning authority or that the cost of the |
550 | alternative route would be prohibitive in comparison to the |
551 | overall cost of the proposed project. |
552 | Section 24. The Indian River Farms Water Control District |
553 | is hereby authorized to grant such permits as it shall deem |
554 | proper in allowing any access over, under, or across its lands. |
555 | Section 25. The board of supervisors of the district shall |
556 | have power, in the resolution or other proceedings authorizing |
557 | the issuance of any bonds, to enter into valid and legally |
558 | binding covenants and agreements with the holders of such bonds |
559 | as to the custody and security of the proceeds of said bonds, or |
560 | of any bond anticipation notes issued in anticipation thereof, |
561 | the custody and security of any debt service funds, including |
562 | reserves, and the appointment of banks or trust companies as |
563 | trustee to hold such construction funds and debt service and |
564 | reserve funds, the rank or priority as between the bonds |
565 | originally issued by the district and any bonds thereafter |
566 | issued and terms and conditions under which any bonds can be |
567 | issued by the district after the original bonds or notes have |
568 | been issued to finance the cost of the drainage improvements or |
569 | works, and such other covenants and conditions as shall be |
570 | deemed necessary and advisable by the board of supervisors in |
571 | accordance with bond market practices and in order to better |
572 | secure the payment of such bonds and the marketability thereof. |
573 | All such covenants and agreements shall be and constitute valid |
574 | and legally binding obligations of the district, and the state |
575 | does hereby covenant that it will not by any legislation |
576 | hereafter in any manner repeal, modify, or impair the rights, |
577 | remedies, and security of the holders of any bonds or other |
578 | obligations issued by the district. |
579 | Section 26. The district shall also have power to covenant |
580 | and agree with the holders of such bonds that all of the fees |
581 | and expenses for the levy and collection of taxes in said |
582 | district and of any trustees or other custodians of the bond |
583 | proceeds or of the construction funds or debt service funds or |
584 | reserves therefor or the cost of the expenses of any annual |
585 | audits or of any other annually recurring services or costs |
586 | shall be paid from the maintenance taxes to be collected in each |
587 | year with said district and not from the proceeds of any bonds |
588 | or other obligations issued by said district. |
589 | Section 27. It is hereby declared that in said district, |
590 | surface waters, which shall include rainfall and the overflow of |
591 | rivers and streams, are a common enemy, and the said district |
592 | and any individual or agency holding a permit to do so from said |
593 | district shall have the right to dike, dam, and construct levees |
594 | to protect the said district or any part thereof, or the |
595 | property of said individual or agency against the same, and |
596 | thereby divert the course and flow of such surface water and/or |
597 | pump the water from within such dikes and levees. |
598 | Section 28. Each supervisor shall be paid for his or her |
599 | services a per diem of $50 for each day actually engaged in work |
600 | pertaining to the said district, but the supervisors shall not |
601 | in any one month be paid more than $200 each, except that in |
602 | addition to the said per diem, they shall be paid 10 cents per |
603 | mile for each mile actually traveled in going to and from their |
604 | places of residence to the place of meeting. |
605 | Section 29. (1) The district shall also have power to |
606 | levy fines for the introduction of pollutants into the waters of |
607 | the district, for violation of any rule or regulation |
608 | promulgated by the Florida Department of Environmental |
609 | Protection, for violation of the United States Clean Water Act, |
610 | 33 U.S.C. ss. 1251-1387, or for violation of the conditions of |
611 | any National Pollutant Discharge Elimination System permit. |
612 | (2) If, after notice and an opportunity to be heard by the |
613 | board of supervisors of the district, any person is found and |
614 | determined to have committed any of the foregoing violations, |
615 | the district shall enter an order imposing a fine, or a fine |
616 | plus repair costs, against the violator, and a certified copy of |
617 | the order may be recorded in the public records of Indian River |
618 | County and thereafter shall constitute a lien against the land |
619 | on which the violation exists. Upon petition to the circuit |
620 | court, such order shall be enforceable in the same manner as a |
621 | court judgment by the sheriffs of this state, including |
622 | execution and levy against the personal property of the |
623 | violator, but such order shall not be deemed a court judgment |
624 | except for enforcement purposes. A fine imposed pursuant to this |
625 | section shall continue to accrue until the violator comes into |
626 | compliance or until judgment is rendered in a suit filed |
627 | pursuant to this section, whichever occurs first. A lien arising |
628 | from a fine imposed pursuant to this section runs in favor of |
629 | the district, and the district may execute a satisfaction or |
630 | release of lien entered pursuant to this section. Three months |
631 | after the filing of any such lien which remains unpaid, the |
632 | board may authorize its attorney to foreclose on the lien or to |
633 | sue to recover a money judgment for the amount of the lien plus |
634 | accrued interest. No lien created pursuant to the provisions of |
635 | this section may be foreclosed on real property which is |
636 | homestead under s. 4, Art. X of the State Constitution. No lien |
637 | provided hereunder shall continue for a period longer than 20 |
638 | years after the certified copy of an order imposing a fine has |
639 | been recorded, unless within that time an action is commenced in |
640 | a court of competent jurisdiction. In an action to foreclose on |
641 | a lien or for a money judgment, the prevailing party is entitled |
642 | to recover all costs and reasonable attorney's fees that it |
643 | incurs in the action. |
644 | Section 30. If any provision of this act or the |
645 | application thereof to any person or circumstance is held |
646 | invalid, the invalidity shall not affect other provisions or |
647 | applications of the act which can be given effect without the |
648 | invalid provision or application, and to this end the provisions |
649 | of this act are declared severable. |
650 | Section 4. Chapters 8882 (1921), 9988 (1923), 10693 |
651 | (1925), 12057 (1927), 12058 (1927), 14737 (1931), 16048 (1933), |
652 | 17066 (1935), 19188 (1939), 23906 (1947), 28403 (1953), 57-1104, |
653 | 63-832, and 67-843, Laws of Florida, are repealed. |
654 | Section 5. This act shall take effect upon becoming a law. |