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, an independent special
56district, under chapter 298, Florida Statutes, and the decree of
57said court revising and correcting the boundaries of the
58district entered on October 25, 1963, and an order correcting a
59clerical error in the decree revising and correcting the
60boundaries of the district on December 27, 1963, and all
61subsequent proceedings taken in said circuit court concerning
62said district are hereby ratified, confirmed, and approved,
63including its territorial boundaries as follows:
64
65From the center of Section 5, township 33 South, Range
6638 East, run West along the centerline of Highway 60
67through Sections 5 and 6, and in Township 33 South,
68Range 37 East continue west along the centerline of
69State Highway 60 through Sections 1, 2, 3, 4, 5 and 6
70to the West boundary of Section 6; thence South along
71the West boundary of Sections 6, 7, 18 and 19 to the
72Southwest corner of Section 19; thence East along the
73south boundary of Section 19 to the Southeast corner
74of said Section 19; thence South along the West
75boundary of Sections 29 and 32 to the Southwest corner
76of Section 32; thence Easterly along the South
77boundary of Sections 32, 33, 34, 35 and 36 to the
78Southeast corner of Section 36, all lying in Township
7933 South, Range 37 East; thence in Township 33 South,
80Range 38 East, run Easterly along the South boundary
81of Sections 31 and 32 to the Southeast corner of
82Section 32; thence run North to the Northeast corner
83of Section 29, Township 33 South, Range 38 East;
84thence run Easterly to the Southeast corner of Section
8521, Township 33 South, Range 38 East; thence Northerly
86along the East boundaries of Sections 21 and 16 to the
87Northeast corner of the Southeast one-quarter (SE 1/4)
88of Section 16, Township 33 South, Range 38 East;
89thence Westerly to the center of Section 16; thence
90Northerly to the Northeast corner of the Northwest
91one-quarter (NW 1/4) of Section 16; thence Westerly to
92the Southeast corner of Section 8; thence North to the
93Northeast corner of Section 8; thence Westerly to the
94Southeast corner of the Southwest one-quarter (SW 1/4)
95of Section 5; thence North to the center of Section 5
96and the point of beginning.  Including 27,743.40
97acres.
98
99     Section 2.  The provisions of the general drainage laws of
100Florida applicable to drainage districts or subdrainage
101districts which are embodied in chapter 298, Florida Statutes,
102and all of the laws amendatory thereof, now existing or
103hereafter enacted, so far as not inconsistent with this act, are
104hereby declared to be applicable to said St. Johns Water Control
105District.
106     Section 3.  Taxes shall be levied and apportioned as
107provided for in the general drainage laws of Florida (chapter
108298, Florida Statutes, and amendments thereto), except as
109otherwise provided herein. The board of supervisors shall
110determine, order, and levy the amount of the annual installments
111of the total taxes levied under sections 298.50 and 298.54,
112Florida Statutes, which shall become due and be collected during
113each year at the same time that county taxes are due and
114collected, which said annual installment and levy shall be
115evidenced to and certified by the said board not later than
116August l of each year, to Indian River County. Said tax shall be
117extended by the county on the county tax roll and shall be
118collected by the tax collector in the same manner and time as
119county taxes, and the proceeds thereof paid to said district.
120Said tax shall be a lien until paid on the property against
121which assessed, and enforceable in like manner as county taxes.
122     Section 4.  Maintenance taxes as provided for under section
123298.54, Florida Statutes, shall be apportioned upon the basis of
124the net assessments of benefits assessed as accruing for
125original construction, and shall be evidenced to and certified
126by the board of supervisors not later than August 31 of each
127year, to Indian River County, and shall be extended by the
128county on the county tax roll and shall be collected by the tax
129collector in the same manner and time as county taxes and the
130proceeds therefrom paid to said district. Said tax shall be a
131lien until paid on the property against which assessed and
132enforceable in like manner as county taxes.
133     Section 5.  The collection and enforcement of all taxes
134levied by said district shall be at the same time and in like
135manner as county taxes, and the provisions of the Florida
136Statutes relating to the sale of lands for unpaid and delinquent
137county taxes, the issuance, sale, and delivery of tax
138certificates for such unpaid and delinquent county taxes, the
139redemption thereof, the issuance to individuals of tax deeds
140based thereon, and all other procedures in connection therewith,
141shall be applicable to said district and the delinquent and
142unpaid taxes of said district to the same extent as if said
143statutory provisions were expressly set forth in this act. All
144taxes shall be subject to the same discounts as county taxes.
145All discounts allowed shall be a charge against the maintenance
146tax only.
147     Section 6.  All taxes levied by the district shall be and
148become delinquent and bear penalties on the amount of said taxes
149in the same manner as county taxes.
150     Section 7.  (1)  Indian River County shall be paid annually
151an amount equal to 1 percent of the total taxes of the district
152and the Tax Collector of Indian River County shall be paid
153annually an amount equal to 1 percent of the total taxes of the
154district collected, for their respective services to the St.
155Johns Water Control District in said county for respectively
156assessing and collecting said drainage district taxes, provided,
157however, that the total amount to be paid to said county and
158said tax collector in any one year shall not exceed the sum of
159$1,500 to each. All compensation paid the property appraiser and
160the tax collector shall be paid from the proceeds of the
161maintenance tax.
162     (2)  The services of said county and said county tax
163collector in assessing and collecting said drainage district
164taxes are hereby declared to be special services performed
165directly for said district and the amounts paid therefor shall
166not be considered a part of the general income of their
167respective offices, nor shall it come under the provisions of
168sections 116.03, 145.10, and 145.11, Florida Statutes. The
169personnel required to do said special work shall be paid for
170such special services by the county or the tax collector, as the
171case may be, from the receipts provided for such purpose.
172     Section 8.  All drainage taxes levied by the district,
173together with all penalties for default in payment of the same
174and all costs in collecting the same, shall constitute a lien of
175equal dignity with the liens for county taxes, and other taxes
176of equal dignity with county taxes, upon all the lands against
177which said taxes shall be levied. A sale of any of the lands
178within the district for county or other taxes shall not operate
179to relieve or release the lands so sold from the lien for
180subsequent installments of district taxes, which lien may be
181enforced against such lands as though no such sale thereof had
182been made.
183     Section 9.  The board of supervisors may issue bonds under
184the provisions of chapter 298, Florida Statutes, without the
185approval of the Board of Drainage Commissioners of the State of
186Florida, as provided for in section 298.47, Florida Statutes.
187     Section 10.  (1)  After the levy of maintenance taxes for
188any year, the board of supervisors may from time to time issue
189warrants or negotiable notes or other evidences of indebtedness
190of the district, which shall be payable solely from such
191maintenance taxes and shall not be issued in an amount greater
192than the amount of such maintenance taxes then unpaid less the
193amount of any of such notes then outstanding. All such notes
194shall mature not later than 1 year from the date of issuance
195thereof, shall bear interest at a rate or rates not exceeding 6
196percent per annum, and shall have such other details as shall be
197provided in the resolution or resolutions of the board of
198supervisors authorizing the issuance thereof.
199     (2)  After the authorization of any bonds under the
200provisions of chapter 298, Florida Statutes, the board of
201supervisors may from time to time issue bond anticipation notes
202in anticipation of the issuance of such bonds, and the amount
203thereof shall not exceed the amount of bonds authorized and not
204issued. Such notes shall all mature not later than 1 year after
205the date thereof and may be renewed for a further period not
206exceeding 1 year, but all of such notes, including the renewals
207thereof, shall mature not later than 2 years from the date
208thereof. Such bond anticipation notes shall be paid from the
209proceeds of such bonds when issued, or from any taxes levied for
210the payment of such bonds which have been authorized, but in
211such case a like amount of the bonds authorized shall not be
212issued. The proceeds of any bond anticipation notes shall be
213used solely for the purposes provided in the resolution which
214authorized the issuance of the bonds in anticipation of which
215bond anticipation notes are issued.
216     Section 11.  The provisions of section 298.73, Florida
217Statutes, and amendments and successors thereof, relating to the
218use of bonds and obligations in payment of drainage taxes, shall
219not be applicable to said district and its bonds, obligations,
220and taxes.
221     Section 12.  The board of supervisors of the district shall
222have the power, in the resolution or other proceedings
223authorizing the issuance of any bonds, to enter into valid and
224legally binding covenants and agreements with the holders of
225such bonds as to the custody and security of the proceeds of
226said bonds, or of any bond anticipation notes issued in
227anticipation thereof, the custody and security of any debt
228service funds, including reserves, and the appointment of banks
229or trust companies as trustee to hold such construction funds
230and debt service and reserve funds, the rank or priority as
231between the bonds originally issued by the district, and any
232bonds thereafter issued and terms and conditions under which any
233bonds can be issued by the district after the original bonds or
234notes have been issued to finance the cost of the drainage
235improvements or works, and such other covenants and conditions
236as shall be deemed necessary and advisable by the board of
237supervisors in accordance with bond market practices and in
238order to better secure the payment of such bonds and the
239marketability thereof. All such covenants and agreements shall
240be and constitute valid and legally binding obligations of the
241district and the state does hereby covenant that it will not by
242any legislation hereafter in any manner repeal, modify, or
243impair the rights, remedies, and security of the holders of any
244bonds or other obligations issued by the district.
245     Section 13.  The district shall also have power to covenant
246and agree with the holders of such bonds that all of the fees
247and expenses for the levy and collection of taxes in said
248district and of any trustees or other custodians of the bond
249proceeds or of the construction funds or debt service funds or
250reserves therefor, or the cost of the expenses of any annual
251audits or of any other annually recurring services or costs
252shall be paid from the maintenance taxes to be collected in each
253year with said district and not from the proceeds of any bonds
254or other obligations issued by said district.
255     Section 14.  It is hereby declared that, in said district,
256surface waters, which shall include rainfall and the overflow of
257rivers and streams, are a common enemy, and the said district
258and any individual or agency holding a permit to do so from said
259district shall have the right to dike, dam, and construct levees
260to protect the said district or any part thereof, or the
261property of said individual or agency against the same, and
262thereby divert the course and flow of such surface water and or
263pump the water from within such dikes and levees.
264     Section 15.  Each supervisor shall be paid for his or her
265services a per diem of $25 for each day actually engaged in work
266pertaining to the said district; but the said supervisors shall
267not in any one month be paid more than $100 each, except that in
268addition to the said per diem, they shall be paid 10 cents per
269mile for each mile actually traveled in going to and from their
270place of residence to the place of meeting.
271     Section 16.  It shall be unlawful for any person, firm, or
272corporation to connect or to maintain a connection of any farm
273ditch with any of the canals, ditches, laterals, or waterways
274constructed, controlled, or maintained by St. Johns Water
275Control District in Indian River County, except in accordance
276with plans and specifications showing the method of such
277connection as prescribed by the board of supervisors of said
278district. Any violation of this act shall be punished as
279prescribed by the general law for punishment of misdemeanors.
280The board of supervisors shall also have the right and power to
281cause any such connection constructed or maintained in violation
282of this act to be blocked or stopped up.
283     Section 17.  The Board of Supervisors of St. Johns Water
284Control District in Indian River County, in order to effect the
285drainage, reclamation, and protection of lands in said district,
286is hereby authorized to construct, install, and maintain locks,
287dams, and other works and facilities in the canals, ditches, and
288drains in said district and elsewhere.
289     Section 18.  The St. Johns Water Control District is hereby
290authorized to grant such permits as it shall deem proper in
291allowing any access over, under, or across its lands.
292     Section 19.  (1)  The district shall also have power to
293levy fines for the introduction of pollutants into the waters of
294the district; for violation of any rule or regulation
295promulgated by the Florida Department of Environmental
296Protection; for violation of the United States Clean Water Act
297(33 U.S.C. sections 1251-1387); or for violation of the
298conditions of any National Pollutant Discharge Elimination
299System permit.
300     (2)  If, after notice and an opportunity to be heard by the
301board of supervisors of the district, any person is found and
302determined to have committed any of the foregoing violations,
303the district shall enter an order imposing a fine, or a fine
304plus repair costs, against the violator, and a certified copy of
305the order may be recorded in the public records of Indian River
306County, and thereafter shall constitute a lien against the land
307on which the violation exists. Upon petition to the circuit
308court, such order shall be enforceable in the same manner as a
309court judgment by the sheriffs of this state, including
310execution and levy against the personal property of the
311violator, but such order shall not be deemed a court judgment
312except for enforcement purposes. A fine imposed pursuant to this
313section shall continue to accrue until the violator comes into
314compliance or until judgment is rendered in a suit filed
315pursuant to this section, whichever occurs first. A lien arising
316from a fine imposed pursuant to this section runs in favor of
317the district, and the district may execute a satisfaction or
318release of lien entered pursuant to this section. After 3 months
319after the filing of any such lien which remains unpaid, the
320board may authorize its attorney to foreclose on the lien or to
321sue to recover a money judgment for the amount of the lien plus
322accrued interest. No lien created pursuant to the provisions of
323this section may be foreclosed on real property which is
324homestead under section 4, Article X of the State Constitution.
325No lien provided hereunder shall continue for a period longer
326than 20 years after the certified copy of an order imposing a
327fine has been recorded, unless within that time an action is
328commenced in a court of competent jurisdiction. In an action to
329foreclose on a lien or for a money judgment, the prevailing
330party is entitled to recover all costs and reasonable attorney's
331fees that it incurs in the action.
332     Section 20.  In case any one or more of the sections or
333provisions of this act or the application of such sections or
334provisions to any situation, circumstance, or person shall for
335any reason be held to be unconstitutional, such
336unconstitutionality shall not affect any other sections or
337provisions to any other situation, circumstance, or person, and
338it is intended that this law shall be construed and applied as
339if such section or provision had not been included herein for
340any unconstitutional application.
341     Section 4.  Chapters 65-812 and 69-1162, Laws of Florida,
342are repealed.
343     Section 5.  This act shall take effect upon becoming a law.


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