HB 1423

1
A bill to be entitled
2An act relating to the St. Johns Water Control District,
3Indian River County; codifying, amending, and reenacting
4special acts relating to the district; fixing and
5prescribing boundaries of said district; making the
6provisions of chapter 298, F.S., applicable thereto;
7providing for the levy, collection, and enforcement of
8installment and maintenance taxes by said district at the
9same time and in like manner as county taxes; providing
10that said taxes shall be extended by the county on the
11county tax roll and shall be collected by the tax
12collector in the same manner and time as county taxes;
13providing for the same discounts and penalties as county
14taxes; providing for the compensation of the county and
15tax collector; providing that district taxes shall be a
16lien 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 the board may enter into
24certain covenants and agreements with holders of bonds;
25providing that water is a common enemy; providing for
26compensation of the board of supervisors; providing for
27the levy of fines for the introduction of pollutants into
28the waters of the district; providing additional powers of
29the board; providing for severability of the provisions of
30the act; repealing chapters 65-812 and 69-1162, Laws of
31Florida, relating to the district; providing an effective
32date.
33
34Be It Enacted by the Legislature of the State of Florida:
35
36     Section 1.  Intent.--Pursuant to section 189.429, Florida
37Statutes, this act constitutes the codification of all special
38acts relating to the St. Johns Water Control District (the
39"district"), together with the decree creating and incorporating
40the district. It is the intent of the Legislature in enacting
41this law to provide a single, comprehensive special act charter
42for the district, including all current legislative authority
43granted to the district by its several legislative enactments,
44any additional authority granted by this act, and authority
45granted by applicable general law.
46     Section 2.  Chapters 65-812 and 69-1162, Laws of Florida,
47are codified, reenacted, amended, and repealed as provided in
48this act.
49     Section 3.  The St. Johns Water Control District is re-
50created, and the charter for such district is re-created and
51reenacted to read:
52     Section 1.  The decree of the Circuit Court in and for the
53Ninth Judicial Circuit, Indian River County, Florida, entered in
54Case No. 5736 on May 14, 1962, creating and incorporating the
55St. Johns Water Control District under chapter 298, Florida
56Statutes, and the decree of said court revising and correcting
57the boundaries of the district entered on October 25, 1963, and
58an order correcting a clerical error in the decree revising and
59correcting the boundaries of the district on December 27, 1963,
60and all subsequent proceedings taken in said circuit court
61concerning said district are hereby ratified, confirmed, and
62approved, including its territorial boundaries as follows:
63
64From the center of Section 5, township 33 South, Range
6538 East, run West along the centerline of Highway 60
66through Sections 5 and 6, and in Township 33 South,
67Range 37 East continue west along the centerline of
68State Highway 60 through Sections 1, 2, 3, 4, 5 and 6
69to the West boundary of Section 6; thence South along
70the West boundary of Sections 6, 7, 18 and 19 to the
71Southwest corner of Section 19; thence East along the
72south boundary of Section 19 to the Southeast corner
73of said Section 19; thence South along the West
74boundary of Sections 29 and 32 to the Southwest corner
75of Section 32; thence Easterly along the South
76boundary of Sections 32, 33, 34, 35 and 36 to the
77Southeast corner of Section 36, all lying in Township
7833 South, Range 37 East; thence in Township 33 South,
79Range 38 East, run Easterly along the South boundary
80of Sections 31 and 32 to the Southeast corner of
81Section 32; thence run North to the Northeast corner
82of Section 29, Township 33 South, Range 38 East;
83thence run Easterly to the Southeast corner of Section
8421, Township 33 South, Range 38 East; thence Northerly
85along the East boundaries of Sections 21 and 16 to the
86Northeast corner of the Southeast one-quarter (SE 1/4)
87of Section 16, Township 33 South, Range 38 East;
88thence Westerly to the center of Section 16; thence
89Northerly to the Northeast corner of the Northwest
90one-quarter (NW 1/4) of Section 16; thence Westerly to
91the Southeast corner of Section 8; thence North to the
92Northeast corner of Section 8; thence Westerly to the
93Southeast corner of the Southwest one-quarter (SW 1/4)
94of Section 5; thence North to the center of Section 5
95and the point of beginning.  Including 27,743.40
96acres.
97
98     Section 2.  The provisions of the general drainage laws of
99Florida applicable to drainage districts or subdrainage
100districts which are embodied in chapter 298, Florida Statutes,
101and all of the laws amendatory thereof, now existing or
102hereafter enacted, so far as not inconsistent with this act, are
103hereby declared to be applicable to said St. Johns Water Control
104District.
105     Section 3.  Taxes shall be levied and apportioned as
106provided for in the general drainage laws of Florida (chapter
107298, Florida Statutes, and amendments thereto), except as
108otherwise provided herein. The board of supervisors shall
109determine, order, and levy the amount of the annual installments
110of the total taxes levied under sections 298.50 and 298.54,
111Florida Statutes, which shall become due and be collected during
112each year at the same time that county taxes are due and
113collected, which said annual installment and levy shall be
114evidenced to and certified by the said board not later than
115August l of each year, to Indian River County. Said tax shall be
116extended by the county on the county tax roll and shall be
117collected by the tax collector in the same manner and time as
118county taxes, and the proceeds thereof paid to said district.
119Said tax shall be a lien until paid on the property against
120which assessed, and enforceable in like manner as county taxes.
121     Section 4.  Maintenance taxes as provided for under section
122298.54, Florida Statutes, shall be apportioned upon the basis of
123the net assessments of benefits assessed as accruing for
124original construction, and shall be evidenced to and certified
125by the board of supervisors not later than August 31 of each
126year, to Indian River County, and shall be extended by the
127county on the county tax roll and shall be collected by the tax
128collector in the same manner and time as county taxes and the
129proceeds therefrom paid to said district. Said tax shall be a
130lien until paid on the property against which assessed and
131enforceable in like manner as county taxes.
132     Section 5.  The collection and enforcement of all taxes
133levied by said district shall be at the same time and in like
134manner as county taxes, and the provisions of the Florida
135Statutes relating to the sale of lands for unpaid and delinquent
136county taxes, the issuance, sale, and delivery of tax
137certificates for such unpaid and delinquent county taxes, the
138redemption thereof, the issuance to individuals of tax deeds
139based thereon, and all other procedures in connection therewith,
140shall be applicable to said district and the delinquent and
141unpaid taxes of said district to the same extent as if said
142statutory provisions were expressly set forth in this act. All
143taxes shall be subject to the same discounts as county taxes.
144All discounts allowed shall be a charge against the maintenance
145tax only.
146     Section 6.  All taxes levied by the district shall be and
147become delinquent and bear penalties on the amount of said taxes
148in the same manner as county taxes.
149     Section 7.  (1)  Indian River County shall be paid annually
150an amount equal to 1 percent of the total taxes of the district
151and the Tax Collector of Indian River County shall be paid
152annually an amount equal to 1 percent of the total taxes of the
153district collected, for their respective services to the St.
154Johns Water Control District in said county for respectively
155assessing and collecting said drainage district taxes, provided,
156however, that the total amount to be paid to said county and
157said tax collector in any one year shall not exceed the sum of
158$1,500 to each. All compensation paid the tax assessor and the
159tax collector shall be paid from the proceeds of the maintenance
160tax.
161     (2)  The services of said county and said county tax
162collector in assessing and collecting said drainage district
163taxes are hereby declared to be special services performed
164directly for said district and the amounts paid therefor shall
165not be considered a part of the general income of their
166respective offices, nor shall it come under the provisions of
167sections 116.03, 145.10, and 145.11, Florida Statutes. The
168personnel required to do said special work shall be paid for
169such special services by the county or the tax collector, as the
170case may be, from the receipts provided for such purpose.
171     Section 8.  All drainage taxes levied by the district,
172together with all penalties for default in payment of the same
173and all costs in collecting the same, shall constitute a lien of
174equal dignity with the liens for county taxes, and other taxes
175of equal dignity with county taxes, upon all the lands against
176which said taxes shall be levied. A sale of any of the lands
177within the district for county or other taxes shall not operate
178to relieve or release the lands so sold from the lien for
179subsequent installments of district taxes, which lien may be
180enforced against such lands as though no such sale thereof had
181been made.
182     Section 9.  The board of supervisors may issue bonds under
183the provisions of chapter 298, Florida Statutes, without the
184approval of the Board of Drainage Commissioners of the State of
185Florida, as provided for in section 298.47, Florida Statutes.
186     Section 10.  (1)  After the levy of maintenance taxes for
187any year, the board of supervisors may from time to time issue
188warrants or negotiable notes or other evidences of indebtedness
189of the district, which shall be payable solely from such
190maintenance taxes and shall not be issued in an amount greater
191than the amount of such maintenance taxes then unpaid less the
192amount of any of such notes then outstanding. All such notes
193shall mature not later than 1 year from the date of issuance
194thereof, shall bear interest at a rate or rates not exceeding 6
195percent per annum, and shall have such other details as shall be
196provided in the resolution or resolutions of the board of
197supervisors authorizing the issuance thereof.
198     (2)  After the authorization of any bonds under the
199provisions of chapter 298, Florida Statutes, the board of
200supervisors may from time to time issue bond anticipation notes
201in anticipation of the issuance of such bonds, and the amount
202thereof shall not exceed the amount of bonds authorized and not
203issued. Such notes shall all mature not later than 1 year after
204the date thereof and may be renewed for a further period not
205exceeding 1 year, but all of such notes, including the renewals
206thereof, shall mature not later than 2 years from the date
207thereof. Such bond anticipation notes shall be paid from the
208proceeds of such bonds when issued, or from any taxes levied for
209the payment of such bonds which have been authorized, but in
210such case a like amount of the bonds authorized shall not be
211issued. The proceeds of any bond anticipation notes shall be
212used solely for the purposes provided in the resolution which
213authorized the issuance of the bonds in anticipation of which
214bond anticipation notes are issued.
215     Section 11.  The provisions of section 298.73, Florida
216Statutes, and amendments and successors thereof, relating to the
217use of bonds and obligations in payment of drainage taxes, shall
218not be applicable to said district and its bonds, obligations,
219and taxes.
220     Section 12.  The board of supervisors of the district shall
221have the power, in the resolution or other proceedings
222authorizing the issuance of any bonds, to enter into valid and
223legally binding covenants and agreements with the holders of
224such bonds as to the custody and security of the proceeds of
225said bonds, or of any bond anticipation notes issued in
226anticipation thereof, the custody and security of any debt
227service funds, including reserves, and the appointment of banks
228or trust companies as trustee to hold such construction funds
229and debt service and reserve funds, the rank or priority as
230between the bonds originally issued by the district, and any
231bonds thereafter issued and terms and conditions under which any
232bonds can be issued by the district after the original bonds or
233notes have been issued to finance the cost of the drainage
234improvements or works, and such other covenants and conditions
235as shall be deemed necessary and advisable by the board of
236supervisors in accordance with bond market practices and in
237order to better secure the payment of such bonds and the
238marketability thereof. All such covenants and agreements shall
239be and constitute valid and legally binding obligations of the
240district and the state does hereby covenant that it will not by
241any legislation hereafter in any manner repeal, modify, or
242impair the rights, remedies, and security of the holders of any
243bonds or other obligations issued by the district.
244     Section 13.  The district shall also have power to covenant
245and agree with the holders of such bonds that all of the fees
246and expenses for the levy and collection of taxes in said
247district and of any trustees or other custodians of the bond
248proceeds or of the construction funds or debt service funds or
249reserves therefor, or the cost of the expenses of any annual
250audits or of any other annually recurring services or costs
251shall be paid from the maintenance taxes to be collected in each
252year with said district and not from the proceeds of any bonds
253or other obligations issued by said district.
254     Section 14.  It is hereby declared that, in said district,
255surface waters, which shall include rainfall and the overflow of
256rivers and streams, are a common enemy, and the said district
257and any individual or agency holding a permit to do so from said
258district shall have the right to dike, dam, and construct levees
259to protect the said district or any part thereof, or the
260property of said individual or agency against the same, and
261thereby divert the course and flow of such surface water and or
262pump the water from within such dikes and levees.
263     Section 15.  Each supervisor shall be paid for his or her
264services a per diem of $25 for each day actually engaged in work
265pertaining to the said district; but the said supervisors shall
266not in any one month be paid more than $100 each, except that in
267addition to the said per diem, they shall be paid 10 cents per
268mile for each mile actually traveled in going to and from their
269place of residence to the place of meeting.
270     Section 16.  It shall be unlawful for any person, firm, or
271corporation to connect or to maintain a connection of any farm
272ditch with any of the canals, ditches, laterals, or waterways
273constructed, controlled, or maintained by St. Johns Water
274Control District in Indian River County, except in accordance
275with plans and specifications showing the method of such
276connection as prescribed by the board of supervisors of said
277district. Any violation of this act shall be punished as
278prescribed by the general law for punishment of misdemeanors.
279The board of supervisors shall also have the right and power to
280cause any such connection constructed or maintained in violation
281of this act to be blocked or stopped up.
282     Section 17.  The Board of Supervisors of St. Johns Water
283Control District in Indian River County, in order to effect the
284drainage, reclamation, and protection of lands in said district,
285is hereby authorized to construct, install, and maintain locks,
286dams, and other works and facilities in the canals, ditches, and
287drains in said district and elsewhere.
288     Section 18.  The St. Johns Water Control District is hereby
289authorized to grant such permits as it shall deem proper in
290allowing any access over, under, or across its lands.
291     Section 19.  (1)  The district shall also have power to
292levy fines for the introduction of pollutants into the waters of
293the district; for violation of any rule or regulation
294promulgated by the Florida Department of Environmental
295Protection; for violation of the United States Clean Water Act
296(33 U.S.C. sections 1251-1387); or for violation of the
297conditions of any National Pollutant Discharge Elimination
298System permit.
299     (2)  If, after notice and an opportunity to be heard by the
300board of supervisors of the district, any person is found and
301determined to have committed any of the foregoing violations,
302the district shall enter an order imposing a fine, or a fine
303plus repair costs, against the violator, and a certified copy of
304the order may be recorded in the public records of Indian River
305County, and thereafter shall constitute a lien against the land
306on which the violation exists. Upon petition to the circuit
307court, such order shall be enforceable in the same manner as a
308court judgment by the sheriffs of this state, including
309execution and levy against the personal property of the
310violator, but such order shall not be deemed a court judgment
311except for enforcement purposes. A fine imposed pursuant to this
312section shall continue to accrue until the violator comes into
313compliance or until judgment is rendered in a suit filed
314pursuant to this section, whichever occurs first. A lien arising
315from a fine imposed pursuant to this section runs in favor of
316the district, and the district may execute a satisfaction or
317release of lien entered pursuant to this section. After 3 months
318after the filing of any such lien which remains unpaid, the
319board may authorize its attorney to foreclose on the lien or to
320sue to recover a money judgment for the amount of the lien plus
321accrued interest. No lien created pursuant to the provisions of
322this section may be foreclosed on real property which is
323homestead under section 4, Article X of the State Constitution.
324No lien provided hereunder shall continue for a period longer
325than 20 years after the certified copy of an order imposing a
326fine has been recorded, unless within that time an action is
327commenced in a court of competent jurisdiction. In an action to
328foreclose on a lien or for a money judgment, the prevailing
329party is entitled to recover all costs and reasonable attorney's
330fees that it incurs in the action.
331     Section 20.  In case any one or more of the sections or
332provisions of this act or the application of such sections or
333provisions to any situation, circumstance, or person shall for
334any reason be held to be unconstitutional, such
335unconstitutionality shall not affect any other sections or
336provisions to any other situation, circumstance, or person, and
337it is intended that this law shall be construed and applied as
338if such section or provision had not been included herein for
339any unconstitutional application.
340     Section 4.  Chapters 65-812 and 69-1162, Laws of Florida,
341are repealed.
342     Section 5.  This act shall take effect upon becoming a law.


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