HB 1423CS

CHAMBER ACTION



1The Local Government Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the St. Johns Water Control District,
7Indian River County; codifying, amending, and reenacting
8special acts relating to the district; fixing and
9prescribing boundaries of said district; making the
10provisions of chapter 298, F.S., applicable thereto;
11providing for the levy, collection, and enforcement of
12installment and maintenance taxes by said district at the
13same time and in like manner as county taxes; providing
14that said taxes shall be extended by the county on the
15county tax roll and shall be collected by the tax
16collector in the same manner and time as county taxes;
17providing for the same discounts and penalties as county
18taxes; providing for the compensation of the county and
19tax collector; providing that district taxes shall be a
20lien on lands against which taxes are levied of equal
21dignity with county and other taxes; providing that the
22approval of the board of drainage commissioners is not
23required to issue bonds; providing for floating
24indebtedness of the district; providing that payment of
25taxes in advance is not authorized; providing that use of
26bonds and interest coupons in payment of taxes is not
27authorized; providing that the board may enter into
28certain covenants and agreements with holders of bonds;
29providing that water is a common enemy; providing for
30compensation of the board of supervisors; providing for
31the levy of fines for the introduction of pollutants into
32the waters of the district; providing additional powers of
33the board; providing for severability of the provisions of
34the act; repealing chapters 65-812 and 69-1162, Laws of
35Florida, relating to the district; providing an effective
36date.
37
38Be It Enacted by the Legislature of the State of Florida:
39
40     Section 1.  Intent.--Pursuant to section 189.429, Florida
41Statutes, this act constitutes the codification of all special
42acts relating to the St. Johns Water Control District (the
43"district"), together with the decree creating and incorporating
44the district. It is the intent of the Legislature in enacting
45this law to provide a single, comprehensive special act charter
46for the district, including all current legislative authority
47granted to the district by its several legislative enactments,
48any additional authority granted by this act, and authority
49granted by applicable general law.
50     Section 2.  Chapters 65-812 and 69-1162, Laws of Florida,
51are codified, reenacted, amended, and repealed as provided in
52this act.
53     Section 3.  The St. Johns Water Control District is re-
54created, and the charter for such district is re-created and
55reenacted to read:
56     Section 1.  The decree of the Circuit Court in and for the
57Ninth Judicial Circuit, Indian River County, Florida, entered in
58Case No. 5736 on May 14, 1962, creating and incorporating the
59St. Johns Water Control District, an independent special
60district, under chapter 298, Florida Statutes, and the decree of
61said court revising and correcting the boundaries of the
62district entered on October 25, 1963, and an order correcting a
63clerical error in the decree revising and correcting the
64boundaries of the district on December 27, 1963, and all
65subsequent proceedings taken in said circuit court concerning
66said district are hereby ratified, confirmed, and approved,
67including its territorial boundaries as follows:
68
69From the center of Section 5, township 33 South, Range
7038 East, run West along the centerline of Highway 60
71through Sections 5 and 6, and in Township 33 South,
72Range 37 East continue west along the centerline of
73State Highway 60 through Sections 1, 2, 3, 4, 5 and 6
74to the West boundary of Section 6; thence South along
75the West boundary of Sections 6, 7, 18 and 19 to the
76Southwest corner of Section 19; thence East along the
77south boundary of Section 19 to the Southeast corner
78of said Section 19; thence South along the West
79boundary of Sections 29 and 32 to the Southwest corner
80of Section 32; thence Easterly along the South
81boundary of Sections 32, 33, 34, 35 and 36 to the
82Southeast corner of Section 36, all lying in Township
8333 South, Range 37 East; thence in Township 33 South,
84Range 38 East, run Easterly along the South boundary
85of Sections 31 and 32 to the Southeast corner of
86Section 32; thence run North to the Northeast corner
87of Section 29, Township 33 South, Range 38 East;
88thence run Easterly to the Southeast corner of Section
8921, Township 33 South, Range 38 East; thence Northerly
90along the East boundaries of Sections 21 and 16 to the
91Northeast corner of the Southeast one-quarter (SE 1/4)
92of Section 16, Township 33 South, Range 38 East;
93thence Westerly to the center of Section 16; thence
94Northerly to the Northeast corner of the Northwest
95one-quarter (NW 1/4) of Section 16; thence Westerly to
96the Southeast corner of Section 8; thence North to the
97Northeast corner of Section 8; thence Westerly to the
98Southeast corner of the Southwest one-quarter (SW 1/4)
99of Section 5; thence North to the center of Section 5
100and the point of beginning.  Including 27,743.40
101acres.
102
103     Section 2.  The provisions of the general drainage laws of
104Florida applicable to drainage districts or subdrainage
105districts which are embodied in chapter 298, Florida Statutes,
106and all of the laws amendatory thereof, now existing or
107hereafter enacted, so far as not inconsistent with this act, are
108hereby declared to be applicable to said St. Johns Water Control
109District.
110     Section 3.  Taxes shall be levied and apportioned as
111provided for in the general drainage laws of Florida (chapter
112298, Florida Statutes, and amendments thereto), except as
113otherwise provided herein. The board of supervisors shall
114determine, order, and levy the amount of the annual installments
115of the total taxes levied under sections 298.50 and 298.54,
116Florida Statutes, which shall become due and be collected during
117each year at the same time that county taxes are due and
118collected, which said annual installment and levy shall be
119evidenced to and certified by the said board not later than
120August l of each year, to Indian River County. Said tax shall be
121extended by the county on the county tax roll and shall be
122collected by the tax collector in the same manner and time as
123county taxes, and the proceeds thereof paid to said district.
124Said tax shall be a lien until paid on the property against
125which assessed, and enforceable in like manner as county taxes.
126     Section 4.  Maintenance taxes as provided for under section
127298.54, Florida Statutes, shall be apportioned upon the basis of
128the net assessments of benefits assessed as accruing for
129original construction, and shall be evidenced to and certified
130by the board of supervisors not later than August 31 of each
131year, to Indian River County, and shall be extended by the
132county on the county tax roll and shall be collected by the tax
133collector in the same manner and time as county taxes and the
134proceeds therefrom paid to said district. Said tax shall be a
135lien until paid on the property against which assessed and
136enforceable in like manner as county taxes.
137     Section 5.  The collection and enforcement of all taxes
138levied by said district shall be at the same time and in like
139manner as county taxes, and the provisions of the Florida
140Statutes relating to the sale of lands for unpaid and delinquent
141county taxes, the issuance, sale, and delivery of tax
142certificates for such unpaid and delinquent county taxes, the
143redemption thereof, the issuance to individuals of tax deeds
144based thereon, and all other procedures in connection therewith,
145shall be applicable to said district and the delinquent and
146unpaid taxes of said district to the same extent as if said
147statutory provisions were expressly set forth in this act. All
148taxes shall be subject to the same discounts as county taxes.
149All discounts allowed shall be a charge against the maintenance
150tax only.
151     Section 6.  All taxes levied by the district shall be and
152become delinquent and bear penalties on the amount of said taxes
153in the same manner as county taxes.
154     Section 7.  (1)  Indian River County shall be paid annually
155an amount equal to 1 percent of the total taxes of the district
156and the Tax Collector of Indian River County shall be paid
157annually an amount equal to 1 percent of the total taxes of the
158district collected, for their respective services to the St.
159Johns Water Control District in said county for respectively
160assessing and collecting said drainage district taxes, provided,
161however, that the total amount to be paid to said county and
162said tax collector in any one year shall not exceed the sum of
163$1,500 to each. All compensation paid the tax assessor and the
164tax collector shall be paid from the proceeds of the maintenance
165tax.
166     (2)  The services of said county and said county tax
167collector in assessing and collecting said drainage district
168taxes are hereby declared to be special services performed
169directly for said district and the amounts paid therefor shall
170not be considered a part of the general income of their
171respective offices, nor shall it come under the provisions of
172sections 116.03, 145.10, and 145.11, Florida Statutes. The
173personnel required to do said special work shall be paid for
174such special services by the county or the tax collector, as the
175case may be, from the receipts provided for such purpose.
176     Section 8.  All drainage taxes levied by the district,
177together with all penalties for default in payment of the same
178and all costs in collecting the same, shall constitute a lien of
179equal dignity with the liens for county taxes, and other taxes
180of equal dignity with county taxes, upon all the lands against
181which said taxes shall be levied. A sale of any of the lands
182within the district for county or other taxes shall not operate
183to relieve or release the lands so sold from the lien for
184subsequent installments of district taxes, which lien may be
185enforced against such lands as though no such sale thereof had
186been made.
187     Section 9.  The board of supervisors may issue bonds under
188the provisions of chapter 298, Florida Statutes, without the
189approval of the Board of Drainage Commissioners of the State of
190Florida, as provided for in section 298.47, Florida Statutes.
191     Section 10.  (1)  After the levy of maintenance taxes for
192any year, the board of supervisors may from time to time issue
193warrants or negotiable notes or other evidences of indebtedness
194of the district, which shall be payable solely from such
195maintenance taxes and shall not be issued in an amount greater
196than the amount of such maintenance taxes then unpaid less the
197amount of any of such notes then outstanding. All such notes
198shall mature not later than 1 year from the date of issuance
199thereof, shall bear interest at a rate or rates not exceeding 6
200percent per annum, and shall have such other details as shall be
201provided in the resolution or resolutions of the board of
202supervisors authorizing the issuance thereof.
203     (2)  After the authorization of any bonds under the
204provisions of chapter 298, Florida Statutes, the board of
205supervisors may from time to time issue bond anticipation notes
206in anticipation of the issuance of such bonds, and the amount
207thereof shall not exceed the amount of bonds authorized and not
208issued. Such notes shall all mature not later than 1 year after
209the date thereof and may be renewed for a further period not
210exceeding 1 year, but all of such notes, including the renewals
211thereof, shall mature not later than 2 years from the date
212thereof. Such bond anticipation notes shall be paid from the
213proceeds of such bonds when issued, or from any taxes levied for
214the payment of such bonds which have been authorized, but in
215such case a like amount of the bonds authorized shall not be
216issued. The proceeds of any bond anticipation notes shall be
217used solely for the purposes provided in the resolution which
218authorized the issuance of the bonds in anticipation of which
219bond anticipation notes are issued.
220     Section 11.  The provisions of section 298.73, Florida
221Statutes, and amendments and successors thereof, relating to the
222use of bonds and obligations in payment of drainage taxes, shall
223not be applicable to said district and its bonds, obligations,
224and taxes.
225     Section 12.  The board of supervisors of the district shall
226have the power, in the resolution or other proceedings
227authorizing the issuance of any bonds, to enter into valid and
228legally binding covenants and agreements with the holders of
229such bonds as to the custody and security of the proceeds of
230said bonds, or of any bond anticipation notes issued in
231anticipation thereof, the custody and security of any debt
232service funds, including reserves, and the appointment of banks
233or trust companies as trustee to hold such construction funds
234and debt service and reserve funds, the rank or priority as
235between the bonds originally issued by the district, and any
236bonds thereafter issued and terms and conditions under which any
237bonds can be issued by the district after the original bonds or
238notes have been issued to finance the cost of the drainage
239improvements or works, and such other covenants and conditions
240as shall be deemed necessary and advisable by the board of
241supervisors in accordance with bond market practices and in
242order to better secure the payment of such bonds and the
243marketability thereof. All such covenants and agreements shall
244be and constitute valid and legally binding obligations of the
245district and the state does hereby covenant that it will not by
246any legislation hereafter in any manner repeal, modify, or
247impair the rights, remedies, and security of the holders of any
248bonds or other obligations issued by the district.
249     Section 13.  The district shall also have power to covenant
250and agree with the holders of such bonds that all of the fees
251and expenses for the levy and collection of taxes in said
252district and of any trustees or other custodians of the bond
253proceeds or of the construction funds or debt service funds or
254reserves therefor, or the cost of the expenses of any annual
255audits or of any other annually recurring services or costs
256shall be paid from the maintenance taxes to be collected in each
257year with said district and not from the proceeds of any bonds
258or other obligations issued by said district.
259     Section 14.  It is hereby declared that, in said district,
260surface waters, which shall include rainfall and the overflow of
261rivers and streams, are a common enemy, and the said district
262and any individual or agency holding a permit to do so from said
263district shall have the right to dike, dam, and construct levees
264to protect the said district or any part thereof, or the
265property of said individual or agency against the same, and
266thereby divert the course and flow of such surface water and or
267pump the water from within such dikes and levees.
268     Section 15.  Each supervisor shall be paid for his or her
269services a per diem of $25 for each day actually engaged in work
270pertaining to the said district; but the said supervisors shall
271not in any one month be paid more than $100 each, except that in
272addition to the said per diem, they shall be paid 10 cents per
273mile for each mile actually traveled in going to and from their
274place of residence to the place of meeting.
275     Section 16.  It shall be unlawful for any person, firm, or
276corporation to connect or to maintain a connection of any farm
277ditch with any of the canals, ditches, laterals, or waterways
278constructed, controlled, or maintained by St. Johns Water
279Control District in Indian River County, except in accordance
280with plans and specifications showing the method of such
281connection as prescribed by the board of supervisors of said
282district. Any violation of this act shall be punished as
283prescribed by the general law for punishment of misdemeanors.
284The board of supervisors shall also have the right and power to
285cause any such connection constructed or maintained in violation
286of this act to be blocked or stopped up.
287     Section 17.  The Board of Supervisors of St. Johns Water
288Control District in Indian River County, in order to effect the
289drainage, reclamation, and protection of lands in said district,
290is hereby authorized to construct, install, and maintain locks,
291dams, and other works and facilities in the canals, ditches, and
292drains in said district and elsewhere.
293     Section 18.  The St. Johns Water Control District is hereby
294authorized to grant such permits as it shall deem proper in
295allowing any access over, under, or across its lands.
296     Section 19.  (1)  The district shall also have power to
297levy fines for the introduction of pollutants into the waters of
298the district; for violation of any rule or regulation
299promulgated by the Florida Department of Environmental
300Protection; for violation of the United States Clean Water Act
301(33 U.S.C. sections 1251-1387); or for violation of the
302conditions of any National Pollutant Discharge Elimination
303System permit.
304     (2)  If, after notice and an opportunity to be heard by the
305board of supervisors of the district, any person is found and
306determined to have committed any of the foregoing violations,
307the district shall enter an order imposing a fine, or a fine
308plus repair costs, against the violator, and a certified copy of
309the order may be recorded in the public records of Indian River
310County, and thereafter shall constitute a lien against the land
311on which the violation exists. Upon petition to the circuit
312court, such order shall be enforceable in the same manner as a
313court judgment by the sheriffs of this state, including
314execution and levy against the personal property of the
315violator, but such order shall not be deemed a court judgment
316except for enforcement purposes. A fine imposed pursuant to this
317section shall continue to accrue until the violator comes into
318compliance or until judgment is rendered in a suit filed
319pursuant to this section, whichever occurs first. A lien arising
320from a fine imposed pursuant to this section runs in favor of
321the district, and the district may execute a satisfaction or
322release of lien entered pursuant to this section. After 3 months
323after the filing of any such lien which remains unpaid, the
324board may authorize its attorney to foreclose on the lien or to
325sue to recover a money judgment for the amount of the lien plus
326accrued interest. No lien created pursuant to the provisions of
327this section may be foreclosed on real property which is
328homestead under section 4, Article X of the State Constitution.
329No lien provided hereunder shall continue for a period longer
330than 20 years after the certified copy of an order imposing a
331fine has been recorded, unless within that time an action is
332commenced in a court of competent jurisdiction. In an action to
333foreclose on a lien or for a money judgment, the prevailing
334party is entitled to recover all costs and reasonable attorney's
335fees that it incurs in the action.
336     Section 20.  In case any one or more of the sections or
337provisions of this act or the application of such sections or
338provisions to any situation, circumstance, or person shall for
339any reason be held to be unconstitutional, such
340unconstitutionality shall not affect any other sections or
341provisions to any other situation, circumstance, or person, and
342it is intended that this law shall be construed and applied as
343if such section or provision had not been included herein for
344any unconstitutional application.
345     Section 4.  Chapters 65-812 and 69-1162, Laws of Florida,
346are repealed.
347     Section 5.  This act shall take effect upon becoming a law.


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