HB 1421

1
A bill to be entitled
2An act relating to Indian River Farms Water Control
3District, Indian River County; codifying, amending,
4reenacting, and repealing special acts relating to the
5district; providing territorial boundaries of the
6district; making the provisions of ch. 298, F.S.,
7applicable thereto; providing for the levy, collection,
8and enforcement of installment and maintenance taxes by
9said district at the same time and in like manner as
10county taxes; providing that said taxes shall be extended
11by the county on the county tax roll and shall be
12collected by the tax collector in the same manner and time
13as county taxes; providing for the same discounts and
14penalties as county taxes; providing for the compensation
15of the tax collector; providing that district taxes shall
16be a lien on lands against which taxes are levied of equal
17dignity with county and other taxes; providing that the
18approval of the board of drainage commissioners is not
19required to issue bonds; providing for floating
20indebtedness of the district; providing that payment of
21taxes in advance is not authorized; providing that use of
22bonds and interest coupons in payment of taxes is not
23authorized; providing that water is a common enemy;
24providing for compensation of the board of supervisors;
25providing for fines for introducing pollutants into the
26waters of the district; providing for severability;
27providing an effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Pursuant to section 189.429, Florida Statutes,
32this act constitutes the codification of all special acts
33relating to the Indian River Farms Water Control District,
34hereinafter referred to as the "district," together with the
35decree creating and incorporating the district. It is the intent
36of the Legislature in enacting this law to provide a single,
37comprehensive special act charter for the district, including
38all current legislative authority granted to the district by its
39several legislative enactments, any additional authority granted
40by 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),
4317066 (1935), 19188 (1939), 23906 (1947), 28403 (1953), 57-1104,
4463-832, and 67-843, Laws of Florida, are codified, reenacted,
45amended, and repealed as provided in this act.
46     Section 3.  The Indian River Farms Water Control District
47is re-created, and the charter for such district is re-created
48and reenacted to read:
49     Section 1.  The decree of the Circuit Court in and for the
50Fifteenth Judicial Circuit, St. Lucie County, entered in the
51case captioned "In re: Indian River Farms Drainage District" on
52May 6, 1919, creating and incorporating the Indian River Farms
53Water Control District, an independent special district, under
54chapter 6458 (1913), Laws of Florida, and the order of said
55court approving the report of the district commissioners entered
56on August 18, 1921, and all subsequent proceedings taken in said
57circuit court concerning said district are hereby ratified,
58confirmed, and approved, including its territorial boundaries as
59follows:
60
61Begin at the Northwest corner of Township 32 S. R. 39
62E.; Thence East to the northwest corner of northeast
63quarter of Section 5, Township 32 S. R. 39 E; Thence
64North to the northwest corner of northeast quarter of
65Section 32, Township 31 S. R. 39 E.; Thence East to
66the northwest corner of Section 33, Township 31 S. R.
6739 E.;  Thence South to the northwest corner of the
68southwest quarter of the northwest quarter of Section
6933, Township 31 S. R. 39 E.; Thence East to the
70Northeast corner of the southwest quarter to the
71northwest quarter of said Section 33; Thence South to
72the northeast corner of the northwest quarter of the
73southwest quarter of said Section 33; Thence East to
74the northeast corner of the west half of the northeast
75quarter of the southwest quarter of said Section 33;
76Thence South to the southeast corner of the west half
77of the northeast quarter of the northwest quarter of
78said Section 33; Thence East to the northeast corner
79of the southeast quarter of the southwest quarter of
80said Section 33; Thence South to the southeast corner
81of the northeast quarter of the northwest quarter of
82Section 4, Township 32 S. R. 39 E.; Thence East to the
83northeast corner of the west half of the southwest
84quarter of the northeast quarter of said Section 4;
85Thence South to the southeast corner of the west half
86of the northwest quarter of the southeast quarter of
87said Section 4; Thence East to the northeast corner of
88the southwest quarter of the southeast quarter of said
89Section 4; Thence South to the southeast corner of the
90southwest quarter of the southeast quarter of said
91Section 4; thence East to the northeast corner of the
92west half of the northeast quarter of the northeast
93quarter of Section 9, Township 32 S. R. 39 E.; Thence
94South to the southeast corner of the west half of the
95northeast quarter of the northeast quarter of said
96Section 9; Thence East to the northeast corner of the
97southeast quarter of the northeast quarter of said
98Section 9; Thence South to the southeast corner of the
99southeast quarter of the northeast quarter of said
100Section 9; Thence East to the northeast corner of the
101west half of the northwest quarter of the southwest
102quarter of Section 10, Township 32 S. R. 39 E.; Thence
103South to the southeast corner of the west half of the
104northwest quarter of the southwest quarter of said
105Section 10; Thence East to the northeast corner of the
106southwest quarter of the southwest quarter of said
107Section 10; Thence South to the southeast corner of
108the southwest quarter of the southwest quarter of said
109Section 10;  Thence East to the northeast corner of
110the west half of the northeast quarter of the
111northwest quarter of Section 15, Township 32 S. R. 39
112E.; Thence South to the southeast corner of the west
113half of the northeast quarter of the northwest quarter
114of said Section 15; Thence East to the northeast
115corner of the southeast quarter of the northwest
116quarter of said Section 15; Thence South to the
117southeast corner of the northwest quarter of said
118Section 15; Thence East to the northeast corner of the
119west half of the northwest quarter of the southeast
120quarter of said Section 15; Thence South to the
121southeast corner of the west half of the northwest
122quarter of the southeast quarter of said Section 15;
123Thence East to the northeast corner of the southwest
124quarter of the southeast quarter of said Section 15;
125Thence South to the southeast corner of the northwest
126quarter of the northeast quarter of Section 22,
127Township 32 S. R. 39 E.;  Thence East to the northeast
128corner of the west half of southeast quarter of
129northeast quarter of said Section 22; Thence South to
130the southeast corner of west half of southeast quarter
131of southeast quarter of said Section 22;  Thence East
132to the northeast corner of Section 27, Township 32 S.
133R. 39 E.; Thence South to the southeast corner of
134northeast quarter of northeast quarter of said Section
13527; Thence East to the northeast corner of west half
136of the southwest quarter of the northwest quarter of
137Section 26, Township 32 S R. 39 E.; Thence South to
138the southeast corner of the west half of southwest
139quarter of the northwest quarter of said Section 26;
140Thence East to the northeast corner of the northwest
141quarter of the southwest quarter of said Section 26;
142Thence South to the southeast corner of the southwest
143quarter of the southwest quarter of said Section 26;
144Thence East to the northeast corner of west half of
145the northeast quarter of northwest quarter of Section
14635, Township 32 S. R. 39 E.; Thence South to the
147southeast corner of the west half of northeast quarter
148of the northwest quarter of said Section 35; Thence
149East to the northeast corner of the southeast quarter
150of northwest quarter of said Section 35; Thence South
151to the southeast corner of northwest quarter of said
152Section 35; Thence East on the center line of Sections
15335 and 36, Township 32 S. R. 39 E., and along the
154center line of Section 31, Township 32 S. R. 40 E. to
155the water's edge of Indian River; Thence southerly
156along the water's edge of the Indian River to the
157north line of Township 33 S. R. 40 E.; Thence West
158along said township line to the northeast corner of
159the west half of the west half of Section 1, Township
16033 S. R. 39 E.; Thence South to the southeast corner
161of west half of west half of said Section 1; Thence
162west to the northwest corner of Section 12, Township
16333 S. R. 39 E.; Thence South to the southwest corner
164of the northwest quarter of the northwest quarter of
165said Section 12; Thence East to the northeast corner
166of the west half of the southwest quarter of the
167northwest quarter of said Section 12; Thence South to
168the southeast corner of the west half of the northwest
169quarter of the southwest quarter of said Section 12;
170Thence East to the northeast corner of southwest
171quarter of the southwest quarter of said Section 12;
172Thence South to the southeast corner of the northwest
173quarter of the northwest quarter of Section 13,
174Township 33 S. R. 39 E.; Thence East to the northeast
175corner of the west half of the southeast quarter of
176the northwest quarter of said Section 13; Thence South
177to the southeast corner of west half of the southeast
178quarter of the northwest quarter of said Section 13;
179Thence East to the northeast corner of the southwest
180quarter of said Section 13; Thence South to the
181southeast corner of the northeast quarter of the
182southwest quarter of said Section 13; Thence East to
183the northeast corner of the west half of the southwest
184quarter of the southeast quarter of said Section 13;
185Thence South to the southeast corner of the west half
186of the northwest quarter of the northeast quarter of
187Section 24, Township 33  S. R. 39 E.; Thence East to
188the northeast corner of southwest quarter of the
189northeast quarter of said Section 24; Thence South to
190the southeast corner of the southwest quarter of the
191northeast quarter of said Section 24; Thence East to
192the northeast corner of the west half of the northeast
193quarter of the southeast quarter of said Section 24;
194Thence South to the southeast corner of the west half
195of the southeast quarter of the northeast quarter of
196Section 25, Township 33 S. R. 39 E.; Thence East to
197the northeast corner of the southeast quarter of said
198Section 25; Thence South to the southeast corner of
199the northeast quarter of the southeast quarter of said
200Section 25; Thence East to the northeast corner of the
201west half of the southwest quarter of the southwest
202quarter of Section 30, Township 33 S. R. 40 E.; Thence
203South to the southeast corner of west half of the
204southwest quarter of the southwest quarter of said
205Section 30; Thence East to the northeast corner of the
206northwest quarter of the northwest quarter of Section
20731, Township 33 S. R. 40 E.; Thence South to the
208southeast corner of the southwest quarter of the
209northwest quarter of said Section 31;  Thence East to
210the northeast corner of the west half of the northeast
211quarter of the southwest quarter of said Section 31;
212Thence South to the southeast corner of the west half
213of the northeast quarter of the southwest quarter of
214said Section 31; Thence East to the northeast corner
215of the southeast quarter of the southwest quarter of
216said Section 31; Thence South to the southeast corner
217of the southwest quarter of said Section 31, Township
21833 S. R. 40 E.; Thence West along Township lines nine
219miles more or less to the southwest corner of the
220southeast quarter of Section 34, Township 33 S. R. 38
221E.; Thence North to the northwest corner of the
222northeast quarter of Section 34, Township 33 S. R. 38
223E.; Thence West to the southwest corner of Section 27,
224Township 33 S. R. 38 E.; Thence North to the southeast
225corner of  Section 9, Township 33 S. R. 38 E.; Thence
226West to the southwest corner of Section 9, Township 33
227S. R. 38 E.; Thence North to the southeast corner of
228Section 5, Township 33 S. R. 38 E.; Thence West to the
229southwest corner of  southeast quarter of Section 5,
230Township 33 S. R. 38 E.; Thence North on center line
231of Section 5 to northwest corner of northeast quarter
232of Section 5, Township 33 S. R. 38 E.; Thence East
233along Township line to the northwest corner of
234Township 33 S. R. 39 E.; Thence North to the northwest
235corner of Township 32 S. R. 39 E., being the point of
236beginning.
237
238The foregoing boundaries containing and including the
239following lands, to wit:
240The East half of Section 32, Township 31 S. R. 39 E.;
241
242The Southwest quarter of northwest quarter; the
243northwest quarter of southwest quarter; the west half
244of northeast quarter of southwest quarter; the south
245half of southwest quarter; all in Section 33, Township
24631 S. R. 39 E.;
247
248Sections 5, 6, 7, 8, 16, 17, 18, 19, 20, 21, 27, 28,
24929, 30, 31, 32, 33, and 34, all in Township 32 S. R.
25039 E;
251
252The West half of Section 4, Township 32 S. R. 39 E.;
253
254The West half of southwest quarter of northeast
255quarter; the west half of northwest quarter of
256southeast quarter; the southwest quarter of southeast
257quarter; all in Section 4, Township 32 S. R. 39 E.;
258
259All of Section 9, Township 32 S. R. 39 E., except the
260east half of northeast quarter of northeast quarter of
261said section;
262
263The West half of northwest quarter of southwest
264quarter; and the southwest quarter of southwest
265quarter; all in Section 10, Township 32 S. R. 39 E.;
266
267All of the West half of Section 15, Township 32 S. R.
26839 E., except the east half of the northeast quarter
269of northwest quarter of said Section;
270
271The West half of northwest quarter of southeast
272quarter; and the southwest quarter of the southeast
273quarter; all in Section 15, Township 32 S. R. 39 E.;
274
275The West half of Section 22; the west half of the
276northeast quarter of Section 22, and the west half of
277the southeast quarter of Section 22; all in the
278township 32 S. R. 39  E.;
279
280The West half of southeast quarter of the northeast
281quarter; and the west half of the east half of the
282southeast quarter; all in Section 22, Township 32 S.
283R. 39 E.;
284
285The West half of southwest quarter of northwest
286quarter; and the west half of southeast quarter; all
287in Section 26, Township 32 S. R. 39 E.;
288
289The West half of Section 35, Township 32 S. R. 39 E.;
290except the east half of the northeast quarter of
291northwest quarter of said Section;
292
293The Southeast quarter of Section 35, Township 32, S.
294R. 39 E.;
295
296The South half of Section 36, Township 32 S. R. 39 E.;
297
298Lots 5 and 6 of Section 31, Township 32 S. R. 40 E.;
299
300Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16,
30117, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31,
30232, 33, 34, 35 and 36, all in Township 33 S. R. 39 E;
303
304The West half of west half of Section 1, Township 33
305S. R. 39 E.;
306
307The West half of southwest quarter of northwest
308quarter; the west half of northwest quarter of
309southwest quarter; the southwest quarter of southwest
310quarter; all in Section 12, Township 33 S. R. 39 E.;
311
312The West half of northwest quarter; the west half of
313southeast quarter of northwest quarter; the southwest
314quarter; the west half of southwest quarter of
315southeast quarter; all in Section 13, Township 33, S.
316R. 39 E.;
317
318The Northwest quarter; the southwest quarter; the west
319half of the northwest quarter of northeast quarter;
320the southwest quarter of northeast quarter; the west
321half of southeast quarter; the west half of northeast
322quarter of southeast quarter; the west half of
323southeast quarter of southeast quarter; all in Section
32424, Township 33 S. R. 39 E.;
325
326All of Section 25, Township 33 S. R. 39 E., except the
327east half of the east half of the northeast quarter of
328said Section;
329
330The West half of the southwest quarter of the
331southwest quarter of Section 30, Township 33 S. R. 40
332E.;
333
334The West half of the northwest quarter; the west half
335of the southwest quarter; the west half of the
336northeast quarter of the southwest quarter; the
337southeast quarter of the southwest quarter; all in
338Section 31, Township 33 S. R. 40 E.
339
340Sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 22,
34123, 24, 25, 26, 27, 35 and 36, all in Township 33 S.
342R. 38 E.;
343
344The East half of Section 5, Township 33 S. R. 38 E.;
345
346The East half of Section 34, Township 33 S. R. 38 E.
347
348     Section 2.  All of the acts and proceedings of the board of
349supervisors and all officers and agents of Indian River Farms
350Water Control District in Indian River County acting for and on
351behalf of said district prior to August 2, 1921, the effective
352date of chapter 8882 (1921), Laws of Florida, be and they are
353hereby ratified, approved, validated, and confirmed.
354     Section 3.  The provisions of the general drainage laws of
355this state applicable to drainage districts or subdrainage
356districts which are embodied in chapter 298, Florida Statutes,
357and all of the laws amendatory thereof, now existing or
358hereafter enacted, so far as not inconsistent with this act, are
359hereby declared to be applicable to said Indian River Farms
360Water Control District, except as may be otherwise herein
361provided.
362     Section 4.  Taxes shall be levied and apportioned as
363provided for in the general drainage laws of this state, which
364are embodied in chapter 298, Florida Statutes, and amendments
365thereto, except as otherwise provided herein.
366     Section 5.  Maintenance taxes as provided for under section
367298.54, Florida Statutes, shall be apportioned upon the basis of
368the net assessments of benefits assessed as accruing for
369original construction, and shall be evidenced to and certified
370by the board of supervisors, not later than August 31 of each
371year, to the Property Appraiser of Indian River County, and
372shall be extended by the county on the county tax roll and shall
373be collected by the tax collector in the same manner and time as
374county taxes and the proceeds therefrom paid to said district.
375Said tax shall be a lien until paid on the property against
376which assessed and enforceable in like manner as county taxes.
377     Section 6.  All taxes levied by the district shall be and
378become delinquent and bear penalties on the amount of said taxes
379in the same manner as county taxes.
380     Section 7.  (1)  Indian River County shall be paid annually
381an amount equal to 1 percent of the total taxes of the district
382and the Tax Collector of Indian River County shall be paid
383annually an amount equal to 1 percent of the total taxes of the
384district collected, for their respective services to the Indian
385River Farms Water Control District in said county for
386respectively assessing and collecting said drainage district
387taxes, provided, however, that the total amount to be paid to
388said county and tax collector in any one year shall not exceed
389the sum of $1,500 to each. All compensation paid the county and
390the tax collector shall be paid from the proceeds of the
391maintenance tax.
392     (2)  The services of said county and said county tax
393collector in assessing and collecting said drainage district
394taxes are hereby declared to be special services performed
395directly for said district and the amounts paid therefor shall
396not be considered a part of the general income of their
397respective offices, nor shall it come under the provisions of
398sections 116.03, 145.10, and 145.11, Florida Statutes. The
399personnel required to do said special work shall be paid for
400such special services by the county or the tax collector, as the
401case may be, from the receipts provided for such purpose.
402     Section 8.  All drainage taxes levied by the district,
403together with all penalties for default in payment of the same
404and all costs in collecting the same, shall constitute a lien of
405equal dignity with the liens for county taxes, and other taxes
406of equal dignity with county taxes, upon all the lands against
407which said taxes shall be levied. A sale of any of the lands
408within the district for county or other taxes shall not operate
409to relieve or release the lands so sold from the lien for
410subsequent installments of district taxes, which lien may be
411enforced against such lands as though no such sale thereof had
412been made.
413     Section 9.  The board of supervisors may issue bonds under
414the provisions of chapter 298, Florida Statutes, without the
415approval of the board of drainage commissioners, as provided for
416in section 298.47, Florida Statutes.
417     Section 10.  (1)  After the levy of maintenance taxes for
418any year, the board of supervisors may from time to time issue
419warrants or negotiable notes or other evidences of indebtedness
420of the district, which shall be payable solely from such
421maintenance taxes and shall not be issued in an amount greater
422than the amount of such maintenance taxes then unpaid less the
423amount of any of such notes then outstanding. All such notes
424shall mature not later than 1 year after the date of issuance
425thereof, shall bear interest at a rate or rates not exceeding 6
426percent per annum, and shall have such other details as shall be
427provided in the resolution or resolutions of the board of
428supervisors authorizing the issuance thereof.
429     (2)  After the authorization of any bonds under the
430provisions of chapter 298, Florida Statutes, the board of
431supervisors may from time to time issue bond anticipation notes
432in anticipation of the issuance of such bonds and the amount
433thereof shall not exceed the amount of bonds authorized and not
434issued. Such notes shall all mature not later than 1 year after
435the date thereof and may be renewed for a further period of not
436exceeding 1 year, but all of such notes, including the renewals
437thereof, shall mature not later than 2 years after the date
438thereof. Such bond anticipation notes shall be paid from the
439proceeds of such bonds when issued, or from any taxes levied for
440the payment of such bonds which have been authorized, but in
441such case a like amount of the bonds authorized shall not be
442issued. The proceeds of any bond anticipation notes shall be
443used solely for the purposes provided in the resolution which
444authorized the issuance of the bonds in anticipation of which
445bond anticipation notes are issued.
446     Section 11.  In preparing the drainage tax book of said
447Indian River Farms Water Control District from year to year, the
448secretary of said district shall insert opposite the description
449of the tract of land to be assessed the name of the person or
450persons or corporation owning said tract on the first day of the
451preceding January to the best of the knowledge and belief of
452said secretary, but any failure to insert the name of the right
453owner shall not invalidate such assessment.
454     Section 12.  In preparing the drainage tax book of said
455Indian River Farms Water Control District from year to year, the
456secretary of said district may describe each tract of land
457according to any plat or subdivision thereof, or by metes and
458bounds, or by any other convenient and feasible manner, stating
459the actual number of acres contained in the tract to the best of
460his or her knowledge, and the owner shall be required to pay
461taxes only upon the acreage as shown by said district tax book.
462     Section 13.  Beginning with the year 1924, the annual
463landowners' meeting for said Indian River Farms Water Control
464District shall be held in the month of February in each
465successive year, on such day as the board of supervisors of said
466district may fix from time to time.
467     Section 14.  It shall be unlawful for any person, firm, or
468corporation to connect or to maintain a connection of any farm
469ditch with any of the canals, ditches, laterals, or waterways
470constructed, controlled, or maintained by Indian River Farms
471Water Control District in Indian River County, except in
472accordance with plans and specifications showing method of such
473connection as prescribed by the board of supervisors of said
474district. Any violation of this act shall be punished as
475prescribed by the general law for punishment of misdemeanors.
476The board of supervisors shall also have the right and power to
477cause any such connection constructed or maintained in violation
478of this act to be blocked or stopped up.
479     Section 15.  The Board of Supervisors of Indian River Farms
480Water Control District in Indian River County, in order to
481effect the drainage, reclamation, and protection of lands in the
482district, is hereby authorized to construct, install, and
483maintain locks, dams, and other works and facilities in the
484canals, ditches, and drains in said district and elsewhere.
485     Section 16.  In order to raise money to pay the cost of
486constructing and installing the water control and water
487conservation works and facilities herein authorized, and to pay
488the principal of and interest on any bonds or other obligations
489which may be issued to provide funds for such purposes, the
490board of supervisors of the district is hereby authorized and
491required to levy, assess, and cause to be collected an annual
492tax on all lands in said district subject to taxation. Such tax
493shall be at a uniform rate for all lands within the district and
494shall be assessed against each acre, fraction, or fractional
495interest therein.
496     Section 17.  It has been ascertained and determined and it
497is hereby declared that the water control and conservation works
498and facilities authorized to be constructed, installed, and
499maintained pursuant to the provisions of this act are for a
500public purpose and will confer benefits upon all lands within
501Indian River Farms Water Control District in an amount at least
502equal to the taxes authorized by the provisions of this act to
503be levied and that all lands in said district will be benefited
504equally by said works and facilities.
505     Section 18.  No landowner in the Indian River Farms Water
506Control District in Indian River County shall be permitted to
507vote at any landowners' meeting of said district for any lands
508in the district on which the drainage taxes are delinquent at
509the time of such meeting.
510     Section 19.  The owners of 25 percent of the acreage
511included in the Indian River Farms Water Control District shall
512be necessary and present in person or by proxy to constitute a
513quorum at any landowners' meeting in said district. In
514determining whether or not a quorum is present at any meeting,
515all lands in the district on which drainage taxes are delinquent
516at the time of such meeting shall be excluded from the
517computation of total acreage in the district and from the
518computation of the total acreage present represented by owners
519present in person or by proxy. A majority of the landowners
520present and voting shall elect the supervisors of said district
521and shall pass any motion and after such passage the same shall
522constitute the action of the landowners.
523     Section 20.  The board of supervisors of said district is
524hereby authorized to assess and levy a minimum drainage tax,
525which said minimum drainage tax shall be at a rate not less than
526the 1-acre tax rate as established by the district from time to
527time. Said minimum drainage tax shall apply to any one parcel
528separately assessed on the tax rolls of said tax district.
529     Section 21.  The Indian River Farms Water Control District
530is herewith authorized and empowered to expend the funds of said
531district as shall be from time to time determined by the board
532of supervisors in clearing, cleaning, and maintaining any and
533all parts of the Indian River and the swamped and submerged
534lands adjacent to any of the canals and works of said district
535in order to improve and facilitate the operations and functions
536of said district.
537     Section 22.  No entity vested with the power of eminent
538domain shall be permitted to take, by eminent domain
539proceedings, for any purpose whatsoever, any property, whether
540in fee, easement, or otherwise, belonging to the Indian River
541Farms Water Control District unless the absolute necessity for
542such taking shall be shown. However, this act shall not apply to
543the United States Government or any of its agencies, to the
544government of the state or any of its agencies, to the
545government of Indian River County or any of its agencies, and to
546the 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
549route open to the condemning authority or that the cost of the
550alternative route would be prohibitive in comparison to the
551overall cost of the proposed project.
552          Section 24.  The Indian River Farms Water Control District
553is hereby authorized to grant such permits as it shall deem
554proper in allowing any access over, under, or across its lands.
555     Section 25.  The board of supervisors of the district shall
556have power, in the resolution or other proceedings authorizing
557the issuance of any bonds, to enter into valid and legally
558binding covenants and agreements with the holders of such bonds
559as to the custody and security of the proceeds of said bonds, or
560of any bond anticipation notes issued in anticipation thereof,
561the custody and security of any debt service funds, including
562reserves, and the appointment of banks or trust companies as
563trustee to hold such construction funds and debt service and
564reserve funds, the rank or priority as between the bonds
565originally issued by the district and any bonds thereafter
566issued and terms and conditions under which any bonds can be
567issued by the district after the original bonds or notes have
568been issued to finance the cost of the drainage improvements or
569works, and such other covenants and conditions as shall be
570deemed necessary and advisable by the board of supervisors in
571accordance with bond market practices and in order to better
572secure the payment of such bonds and the marketability thereof.
573All such covenants and agreements shall be and constitute valid
574and legally binding obligations of the district, and the state
575does hereby covenant that it will not by any legislation
576hereafter in any manner repeal, modify, or impair the rights,
577remedies, and security of the holders of any bonds or other
578obligations issued by the district.
579     Section 26.  The district shall also have power to covenant
580and agree with the holders of such bonds that all of the fees
581and expenses for the levy and collection of taxes in said
582district and of any trustees or other custodians of the bond
583proceeds or of the construction funds or debt service funds or
584reserves therefor or the cost of the expenses of any annual
585audits or of any other annually recurring services or costs
586shall be paid from the maintenance taxes to be collected in each
587year with said district and not from the proceeds of any bonds
588or other obligations issued by said district.
589     Section 27.  It is hereby declared that in said district,
590surface waters, which shall include rainfall and the overflow of
591rivers and streams, are a common enemy, and the said district
592and any individual or agency holding a permit to do so from said
593district shall have the right to dike, dam, and construct levees
594to protect the said district or any part thereof, or the
595property of said individual or agency against the same, and
596thereby divert the course and flow of such surface water and/or
597pump the water from within such dikes and levees.
598     Section 28.  Each supervisor shall be paid for his or her
599services a per diem of $50 for each day actually engaged in work
600pertaining to the said district, but the supervisors shall not
601in any one month be paid more than $200 each, except that in
602addition to the said per diem, they shall be paid 10 cents per
603mile for each mile actually traveled in going to and from their
604places of residence to the place of meeting.
605     Section 29.  (1)  The district shall also have power to
606levy fines for the introduction of pollutants into the waters of
607the district, for violation of any rule or regulation
608promulgated by the Florida Department of Environmental
609Protection, for violation of the United States Clean Water Act,
61033 U.S.C. ss. 1251-1387, or for violation of the conditions of
611any National Pollutant Discharge Elimination System permit.
612     (2)  If, after notice and an opportunity to be heard by the
613board of supervisors of the district, any person is found and
614determined to have committed any of the foregoing violations,
615the district shall enter an order imposing a fine, or a fine
616plus repair costs, against the violator, and a certified copy of
617the order may be recorded in the public records of Indian River
618County and thereafter shall constitute a lien against the land
619on which the violation exists. Upon petition to the circuit
620court, such order shall be enforceable in the same manner as a
621court judgment by the sheriffs of this state, including
622execution and levy against the personal property of the
623violator, but such order shall not be deemed a court judgment
624except for enforcement purposes. A fine imposed pursuant to this
625section shall continue to accrue until the violator comes into
626compliance or until judgment is rendered in a suit filed
627pursuant to this section, whichever occurs first. A lien arising
628from a fine imposed pursuant to this section runs in favor of
629the district, and the district may execute a satisfaction or
630release of lien entered pursuant to this section. Three months
631after the filing of any such lien which remains unpaid, the
632board may authorize its attorney to foreclose on the lien or to
633sue to recover a money judgment for the amount of the lien plus
634accrued interest. No lien created pursuant to the provisions of
635this section may be foreclosed on real property which is
636homestead under s. 4, Art. X of the State Constitution. No lien
637provided hereunder shall continue for a period longer than 20
638years after the certified copy of an order imposing a fine has
639been recorded, unless within that time an action is commenced in
640a court of competent jurisdiction. In an action to foreclose on
641a lien or for a money judgment, the prevailing party is entitled
642to recover all costs and reasonable attorney's fees that it
643incurs in the action.
644     Section 30.  If any provision of this act or the
645application thereof to any person or circumstance is held
646invalid, the invalidity shall not affect other provisions or
647applications of the act which can be given effect without the
648invalid provision or application, and to this end the provisions
649of this act are declared severable.
650     Section 4.  Chapters 8882 (1921), 9988 (1923), 10693
651(1925), 12057 (1927), 12058 (1927), 14737 (1931), 16048 (1933),
65217066 (1935), 19188 (1939), 23906 (1947), 28403 (1953), 57-1104,
65363-832, and 67-843, Laws of Florida, are repealed.
654     Section 5.  This act shall take effect upon becoming a law.


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