HB 1683

1
A bill to be entitled
2An act relating to the Scripps Research Improvement
3District; creating the Scripps Research Improvement
4District; providing definitions; providing for a board of
5supervisors; providing for the appointment of the initial
6board of supervisors of the district; providing for the
7election of the board of supervisors by a specified date;
8providing for membership, terms of office, qualifications,
9organization, and compensation of the board; providing for
10meetings of the landowners and supervisors; providing
11procedures and requirements with respect thereto;
12providing for the appointment of a treasurer, selection of
13depositories, and employment of a fiscal agent; providing
14powers and duties of the board of supervisors; providing
15powers and duties of the district; providing for the
16ownership, acquisition, mortgage, lease, and disposal of
17property and facilities; providing that the district has
18the power of eminent domain; providing powers of the
19district with respect to water management, irrigation, and
20erosion control; providing powers of the district with
21respect to regulation of the use of sewers and the supply
22of water within the district; providing powers of the
23district with respect to waste collection and disposal;
24providing powers of the district with respect to mosquito
25and pest control; providing powers of the district with
26respect to recreation and parking facilities; providing
27powers of the district with respect to fire protection;
28providing powers of the district with respect to promotion
29of the district; providing powers of the district with
30respect to transportation within the district; providing
31powers of the district with respect to the designation,
32creation, and enhancement of conservation areas; providing
33power of the district to issue bonds for specified
34purposes and projects; providing powers of the district
35with respect to specified projects, including research and
36development projects; providing powers of the district
37with respect to the acquisition, construction, and
38maintenance of roads within the district; providing powers
39of the district with respect to the construction,
40maintenance, and operation of facilities, projects, and
41systems within units of the district; providing procedures
42and requirements with respect to the designation of
43district units and objections or challenges thereto;
44providing for the adoption of unit development plans;
45providing procedures and requirements with respect to
46assessments, levies, taxes, bonds, and other obligations
47relative to unit development, the modification of unit
48development plans, and the changing of unit boundaries;
49providing for the exercise of district powers within
50municipalities situated wholly or partly within the
51district; specifying powers of the district with respect
52to projects, the furnishing of facilities and services,
53and the collection of fees, rentals, and other charges
54within the district; providing a limitation on powers of
55the district outside the territorial limits of the
56district; providing for mandatory use of certain district
57facilities and services; providing for maintenance of
58projects across rights-of-way; providing power of the
59district to prescribe, fix, establish and collect rates,
60fees, rentals, tolls, fares, and other charges for
61specified purposes and to assess penalties for
62delinquencies; providing procedures and requirements with
63respect to the fixing of such rates, fees, rentals, tolls,
64fares, and other charges; specifying uses thereof;
65providing power of the board to enter into specified
66contracts; providing for recovery of delinquent charges,
67including attorney's fees and costs; providing for the
68discontinuance of service in the event of nonpayment of
69fees, rentals, or charges, procedures with respect to
70recovery, and enforcement of payment; providing authority
71of the district to enter into agreements for the
72furnishing of specified facilities and services; providing
73exclusive authority of the district with respect to
74comprehensive planning, zoning, subdivision, and land
75development, building, environmental, and fire and life
76safety regulations; prohibiting the annexation into the
77district of unincorporated lands located outside the
78district; prohibiting involuntary annexation of specified
79lands by a municipality; permitting certain voluntary
80annexation of district lands; providing power of the board
81to levy ad valorem taxes for specified purposes; providing
82a limitation on the levy of such taxes; providing for
83determination of district ad valorem taxes; providing for
84tax liens and service charge liens for nonpayment of taxes
85or fees and charges under service agreements; providing
86for foreclosure of liens by the district; providing
87procedures and requirements with respect thereto;
88providing rights of the district with respect to payment
89of delinquent taxes or assessments and redemption or
90purchase of sales tax certificates; providing authority of
91the district to issue general obligation bonds subject to
92approval by referendum; providing procedures and
93requirements with respect thereto; providing authority of
94the district to issue revenue bonds; specifying sources
95from which such bonds may be secured or payable;
96authorizing the combination of projects; providing
97procedures and requirements with respect thereto;
98authorizing the issuance of additional bonds for the
99completion of specified projects; providing authority of
100the district to issue refunding bonds; providing
101procedures and requirements with respect thereto;
102authorizing the district to pledge ad valorem taxes,
103assessments, and other revenues and properties as
104additional security on bonds; providing that pledged
105revenues, taxes and assessments are subject to lien;
106providing for authority of the district to provide for the
107construction or reconstruction of assessable improvements,
108and for the levying of special assessments therefore;
109providing requirements and procedures with respect
110thereto; providing notice and hearing requirements;
111providing for the issuance of assessment bonds and
112requirements and procedures with respect to such bonds;
113providing for payment and collection of assessments;
114providing for lien and foreclosure with respect to
115nonpayment of assessments; providing for maintenance of
116assessment funds in a special fund and providing
117restrictions on the use of such funds; specifying the
118powers of Palm Beach County and school districts and other
119political subdivisions wholly or partly within the
120district with respect to such special assessments;
121authorizing the board to modify or revoke any plan or
122specification for any assessable improvement and to
123reassess benefits or make additional assessments;
124providing for the issuance of certificates of
125indebtedness; providing requirements and procedures with
126respect thereto; providing authority of the district to
127issue assessment bonds; providing requirements and
128procedures with respect thereto; providing authority of
129the district to issue bond anticipation notes; providing
130requirements and procedures with respect thereto;
131authorizing the district to obtain specified short-term
132loans; providing for the securing of an issue of bonds by
133a trust agreement between the district and a corporate
134trustee; providing requirements and procedures with
135respect thereto; providing requirements and procedures
136with respect the sale, authorization, and form of bonds;
137providing for maximum allowable interest on district
138bonds; providing for the issuance of interim certificates,
139receipts, or temporary bonds and for the replacement of
140specified bonds; providing for negotiability of bonds;
141providing for defeasance; providing that bonds issued
142under the act are legal investments and securities;
143authorizing specified covenants with respect to bonds
144issued under the act; providing for validity of bonds and
145proceedings with respect to determination of validity;
146providing that the act constitutes full and complete
147authority for the issuance of bonds and the exercise of
148the powers of the district; providing pledge to the
149bondholders of the district and to the Federal Government;
150authorizing the board and the governing bodies of any
151municipalities located within the district to enter into
152contracts and agreements with respect to common powers,
153duties, and functions; authorizing the state, counties,
154and municipalities to enter into cooperation agreements
155with the district for specified purposes; authorizing the
156board to undertake and finance district projects jointly
157with the Scripps Research Institute, Palm Beach County, or
158any municipality, or to combine projects of the district
159with the projects of a municipality or municipalities;
160providing authority of the district to make and enter into
161all necessary contracts and agreements and to accept and
162receive grants or loans of money, material, or property;
163providing tax exemption for all assets and properties of
164the district, bonds issued by the district, and all fees,
165charges and other revenues derived by the district from
166the projects under the act; providing construction with
167respect thereto; providing conditions precedent to
168bringing suit against the district; authorizing specified
169action to be taken absent notice and hearing upon the
170written consent of landowners; providing remedies for
171noncompliance with the act; providing injunctive relief;
172specifying violations; providing penalties; authorizing
173investment of district funds by the board in specified
174obligations, bonds, notes, and other investments;
175specifying the fiscal year of the district; providing
176severability; providing construction of the act; requiring
177a referendum; providing an effective date.
178
179     WHEREAS, the economic progress and well-being of the people
180of Florida depend in large measure upon attracting and creating
181new high technology investments and jobs to Florida, and
182     WHEREAS, recent advances in technology and changes in the
183national and world economies make it imperative that appropriate
184measures be taken to promote new investments in job creation,
185the conservation of natural resources, and sustainable
186communities, and
187     WHEREAS, the promotion of new investments to create new
188jobs, the creation of sustainable communities, and conservation
189of natural resources are valid public purposes and the
190legitimate concern of special taxing districts created for that
191purpose, and
192     WHEREAS, it is the intention of the Legislature to
193establish the powers, functions, and authorities of the Scripps
194Research Improvement District, so as to enable that district to
195undertake the improvements herein provided for, to promote and
196create favorable conditions for the development and practical
197application of new and advanced biotechnology concepts, and to
198create a sustainable community, and
199     WHEREAS, the objectives and purposes of the Scripps
200Research Improvement District shall be to provide for the
201management of surface water, irrigation of land, environmental
202mitigation, water and sewer systems, waste collection and
203disposal facilities, mosquito and other pest controls, public
204recreation, parking and pedestrian facilities, advertising,
205public transportation, and other public utilities; to create and
206maintain conservation areas and wildlife sanctuaries; to provide
207streets, roads, bridges, street lighting, bike paths, pedestrian
208ways, hiking trails, parks, landscaping, and signage; to adopt a
209comprehensive plan and land development regulations; and to
210exercise all of the other powers and authorities provided for in
211this act, and
212     WHEREAS, the Legislature hereby finds and declares that the
213several powers and authorities provided for in this act are each
214valid and independent objectives and purposes of the Scripps
215Research Improvement District and essential to the
216accomplishment of the purposes of this act, and
217     WHEREAS, the Legislature further finds and declares that
218the purposes of this act cannot be realized except through a
219special taxing district having the powers hereinafter provided
220and that the operation of the district and its facilities and
221services and the exercise by the board of supervisors of the
222district of the powers and authorities provided for herein are
223necessary for the convenience, comfort, and welfare of the
224district and all its inhabitants and landowners, will benefit
225all properties, persons and enterprises within the district, and
226constitute a valid public purpose, NOW, THEREFORE,
227
228Be It Enacted by the Legislature of the State of Florida:
229
230     Section 1.  Creation of the district.--There is hereby
231created the Scripps Research Improvement District.
232     Section 2.  Definitions.--Unless the context shall indicate
233otherwise, the following words as used in this act shall have
234the following meanings:
235     (1)  "Assessable improvements" includes, without
236limitation, any and all water management works and facilities,
237preservation, conservation, and mitigation projects, sewer
238systems, storm sewers and drains, water systems, streets, roads,
239parks, landscaping, street lighting, signage, bike paths,
240pedestrian ways, hiking trails, or other projects of the
241district, or that portion or portions thereof, local in nature
242and of special benefit to the premises or lands served thereby,
243and any and all modifications, improvements, and enlargements
244thereof.
245     (2)  "Bond" includes "certificate," and provisions
246applicable to bonds shall be equally applicable to certificates.
247"Bond" includes general obligation bonds, assessment bonds,
248refunding bonds, excise tax bonds, revenue bonds, and such other
249obligations in the nature of bonds as are provided for in this
250act, as the case may be.
251     (3)  "Board of supervisors" means the Board of Supervisors
252of the Scripps Research Improvement District or, if such
253district shall be abolished, the board, body, or commission
254succeeding to the principal functions thereof or to whom the
255powers given by this act to the board of supervisors shall be
256given by law.
257     (4)  "Cost," when used with reference to any project,
258includes, but is not limited to, the expenses of determining the
259feasibility or practicability of acquisition, construction, or
260reconstruction; the cost of surveys, estimates, plans, and
261specifications; the cost of acquisition, construction, or
262reconstruction; the cost of improvements; engineering,
263consultants, fiscal and legal expenses, and charges; the cost of
264all labor, materials, machinery, and equipment; the cost of all
265lands, properties, rights, easements, and franchises acquired;
266federal, state, and local taxes and assessments; financing
267charges; the creation of initial reserve and debt service funds;
268working capital; interest charges incurred or estimated to be
269incurred on money borrowed prior to and during construction and
270acquisition and for such period of time after completion of
271construction or acquisition as the board of supervisors may
272determine; the cost of issuance of bonds pursuant to this act,
273including advertisements and printing; the cost of any election
274held pursuant to this act and all other expenses of issuance of
275bonds; discount, if any, on the sale or exchange of bonds;
276administrative expenses; such other expenses as may be necessary
277or incidental to the acquisition, construction, or
278reconstruction of any project or to the financing thereof, or
279the development of any lands within the district; and
280reimbursement of any public or private body, person, firm, or
281corporation for any moneys advanced in connection with any of
282the foregoing items of cost. Any obligation or expense incurred
283prior to the issuance of bonds in connection with the
284acquisition, construction, or reconstruction of any project or
285improvements thereon, or in connection with any other
286development of land that the board of supervisors of the
287district shall determine to be necessary or desirable in
288carrying out the purposes of this act, may be treated as a part
289of such cost.
290     (5)  "District" means the Scripps Research Improvement
291District.
292     (6)  "Landowner" means the owner of the freehold estate, as
293appears by the deed record, including private corporations
294having such an ownership interest, and shall not include
295reversioners, remaindermen, trustees, (other than persons owning
296the freehold estate as of deed record) or mortgagees, who shall
297not be counted and need not be notified by publication or served
298by process, but shall be represented by the present owners of
299the freehold estate in any proceeding under this act.
300     (7)  "Parking facilities" means lots, garages, parking
301terminals, and other structures either single or multilevel and
302at, above, or below the surface for the offstreet parking of
303motor vehicles, open to public use with or without a fee,
304including, but without limiting the generality of the foregoing,
305facilities for automobiles, trucks, buses, trains, bicycles,
306trolleys, shuttles, waiting rooms, associated retail and service
307facilities, lockers, and, if deemed necessary or desirable by
308the board of supervisors, space to be leased for such uses as
309the board of supervisors may deem advisable, and all facilities
310appurtenant thereto, including onstreet parking meters, and all
311property rights, easements, and interests relating thereto which
312the board of supervisors deems necessary or desirable for the
313construction or operation thereof.
314     (8)  "Plat" means a map or drawing depicting the division
315of lands into lots, blocks, parcels, tracts, sites, or other
316divisions, however the same may be designated.
317     (9)  "Project" means any development, improvement,
318property, utility, facility, system, or water and surface water
319management facilities, and works, including, without limitation,
320water and sewer systems, waste collection and disposal systems,
321roads, sidewalks, parks, lighting, signage, bike paths,
322pedestrian ways, hiking trails, landscaping, parking facilities,
323public transportation facilities and devices, and telephone,
324cable, satellite, cellular, and other communication facilities
325and services, now existing or hereafter undertaken or
326established, that under the provisions of this act, the district
327is authorized to construct, acquire, undertake, or furnish for
328its own use or for the use of any other person, firm, or
329corporation owning, leasing, or otherwise using the same, for
330any profit or nonprofit purpose or activity, and shall include,
331without limitation, such repairs, replacements, additions,
332extensions, and betterments of and to any project as may be
333deemed necessary or desirable by the board of supervisors to
334place or to maintain such project in proper condition for the
335safe, efficient, and economic operation thereof.
336     (10)  "Sewer system" means any plant, system, facility, or
337property and additions, extensions, and improvements thereto at
338any future time constructed or acquired as part thereof, useful
339or necessary or having the present capacity for future use in
340connection with the collection, treatment, purification, or
341disposal of sewage, including, without limitation, industrial
342wastes resulting from any processes of industry, manufacture,
343trade, or business or from the development of any natural
344resources; and, without limiting the generality of the
345foregoing, shall include treatment plants, disposal facilities,
346pumping stations, lift stations, valves, force mains,
347intercepting sewers, laterals, pressure lines, mains, and all
348necessary appurtenances and equipment; all sewer mains,
349laterals, and other devices for the reception, treatment,
350disposal, and collection of sewage from premises connected
351therewith; all real and personal property and any interest
352therein; and rights, easements, and franchises of any nature
353whatsoever relating to any such system and necessary or
354convenient for the operation thereof.
355     (11)  "Subdivision" means the division of a parcel of land,
356whether improved or unimproved, into two or more lots or parcels
357of land for the purpose, whether immediate or future, of
358transfer of ownership or building development where the
359subdivider advocates, proposes, suggests, or exhibits a proposed
360plan, map, or plat of development of the land or where the
361subdivider proposes to create a street, right-of-way, or
362easement that joins or connects to an existing public street for
363ingress and egress, or to change an existing public street.
364     (12)  "Waste collection and disposal system" means all the
365facilities of the district for the collection and disposal of
366garbage and other waste matter except sewage, but including
367liquid waste material from septic tank and grease trap systems,
368together with digested sludge from sewage treatment plants, and
369shall include all such facilities, including incinerators,
370composting plants, or other means of disposal constructed or
371acquired pursuant to the provisions of this act, or hereafter
372constructed or acquired by the district from any other source
373whatsoever.
374     (13)  "Water and surface water management facilities" means
375any canals, ditches, or other drainage facilities, reservoirs,
376dams, levees, sluiceways, dredging holding basins, floodways,
377pumping stations, or any other works, structures, or facilities
378for the conservation, control, development, utilization, and
379disposal of water, and any purposes appurtenant, necessary, or
380incidental thereto, and includes all real and personal property
381and any interest therein, and rights, easements, and franchises
382of any nature relating to any such water and surface water
383management facilities or necessary or convenient for the
384acquisition, construction, reconstruction, operation, or
385maintenance thereof.
386     (14)  "Water system" means any plant, system, facility or
387property and additions, extensions, and improvements thereto at
388any future time constructed or acquired as part thereof, useful
389or necessary or having the present capacity for future use in
390connection with the development of sources, treatment, or
391purification and distribution of water for domestic, irrigation,
392commercial, or industrial use and, without limiting the
393generality of the foregoing, includes dams, reservoirs, storage
394tanks, mains, lines, valves, pumping stations, laterals, and
395pipes for the purpose of carrying water to the premises
396connected with such system, all real and personal property and
397any interests therein, and rights, easements, and franchises of
398any nature whatsoever relating to any such system and necessary
399or convenient for the operation thereof.
400     (15)  References in this act to the "territorial limits" or
401"corporate limits" of the district mean such limits or
402boundaries as the same may from time to time be expanded,
403contracted, or otherwise revised by law or in any proceedings
404taken under this act, and any actions that may be taken by or on
405behalf of the district under this act within the limits or
406boundaries of the district may be taken within such limits or
407boundaries as expanded, contracted, or otherwise revised.
408     Section 3.  Board of supervisors; elections; organization;
409terms of office; quorum; annual meetings; report and minutes.--
410     (1)  The Board of Supervisors of the Scripps Research
411Improvement District shall be the governing body of the district
412and shall, subject to the provisions of this act, exercise the
413powers granted to the district under this act. The board of
414supervisors shall consist of seven members and, except as
415otherwise provided herein, each member shall hold office for a
416term of 4 years and until his or her successor shall be chosen
417and shall qualify. A majority of the members of the board of
418supervisors shall be residents of Palm Beach County.
419     (2)  In the first 5 years after the effective date of this
420act, the board of supervisors shall be appointed, three members
421by the Governor, one by the Senate President, one by the Speaker
422of the House of Representatives, one by the City Commission of
423Palm Beach Gardens, and one by the County Commission of Palm
424Beach County. Thereafter, the landowners within the district
425shall elect the supervisors as set forth herein.
426     (3)  The first annual meeting of the landowners of the
427district under this act shall be held in May, 2010 for the
428purpose of electing three supervisors for terms of 4 years each
429commencing on June 6, 2010, and until their successors are
430chosen and shall qualify. If for any reason such first annual
431meeting cannot be held in May, 2010 then such meeting shall be
432held as soon as practicable thereafter. Thereafter, an annual
433meeting of the landowners shall be held during the month of May
434of each year.
435     (4)  Following the fourth annual meeting of the landowners,
436elections of supervisors shall be held every 2 years for the
437purpose of electing three or four supervisors, as the case may
438be, as successors to the supervisors whose terms expire in June
439of such year. Each supervisor so elected shall hold office for a
440term of 4 years, commencing as of the first Tuesday in June of
441the year of his or her election and until his or her successor
442is chosen and shall qualify. Such elections shall be held at the
443annual meeting of the landowners of the district held in such
444year.
445     (5)  At all elections of supervisors, each landowner shall
446be entitled to one vote in person or by written proxy for every
447acre of land and for every major fraction of an acre owned by
448him or her in the district. The ownership of land or lands
449aggregating in excess of one-half acre and less than one acre
450shall entitle the landowner to one vote with respect thereto.
451Except as otherwise provided hereinabove, there shall be no more
452than one vote for every acre of land within the district,
453regardless of the number of fractional or other ownership
454interests held therein. Ownership of one-half acre or a lesser
455fraction of an acre shall not entitle the owner thereof to a
456vote. The person receiving the highest number of votes for the
457office of supervisor shall be declared elected. If at any
458meeting of the landowners more than one office of supervisor is
459to be filled, a separate vote shall be taken on each such
460office. The votes shall be decided by lot.
461     (6)  All supervisors shall hold office for the terms for
462which they are elected or appointed and until their successors
463shall be chosen and qualify. In case of a vacancy after June 6,
4642010, in the office of any supervisor, the remaining supervisor
465or supervisors even though less than a quorum may fill such
466vacancy until the sooner occurrence of:
467     (a)  The next annual meeting of the landowners, when a
468successor to such appointee shall be elected by the landowners
469for the unexpired term; or
470     (b)  The election by the landowners of a successor to such
471appointee for the unexpired term, at a special meeting of the
472landowners called for such purpose at any time upon written
473request of the landowners as provided in subsection (5).
474
475In the event any vacancy remains unfilled for more than 30 days
476after such vacancy occurs, it may be filled by vote of the
477landowners at a meeting of landowners called for such purpose,
478and the person so elected shall replace any person who may have
479been elected by the remaining supervisor or supervisors after
480the landowners have made a written request for such an election
481as provided in subsection (5).
482     (7)  As soon as practicable after each election, the board
483of supervisors of the district shall organize by choosing one of
484their number president of the board of supervisors and by
485electing a secretary, who need not be a member of the board. The
486board of supervisors shall adopt a seal which shall be the seal
487of the district.
488     (8)  A majority of the members of the board of supervisors
489shall constitute a quorum.
490     (9)  At each annual meeting of the landowners of the
491district the board of supervisors shall report all work
492undertaken or completed during the preceding year and the status
493of the finances of the district.
494     (10)  The board of supervisors shall keep a permanent
495record book entitled "Record of Governing Board of Scripps
496Research Improvement District," in which shall be recorded
497minutes of all meetings, resolutions, proceedings, certificates,
498bonds given by all employees, and any and all corporate acts,
499which book shall at reasonable times be opened to public
500inspection. Such record book shall be kept at an office or other
501regular place of business maintained by the board of supervisors
502in Palm Beach County.
503     (11)  Whenever any election shall be authorized or required
504by this act to be held by the landowners at any particular or
505stated time or day, and if for any reason such election is not
506held at such time or on such day, then in such event the power
507or duty to hold such election shall not cease or lapse, but such
508election shall be held thereafter when practicable, in
509accordance with the procedures provided by this act.
510     Section 4.  Notice and call of meetings of landowners;
511quorum; adjournments; representation at meetings; recall; taking
512action without meeting.--
513     (1)  The board of supervisors shall provide for the giving
514of notice of all meetings of landowners by publication once a
515week for 2 consecutive weeks prior to such meeting in a
516newspaper or newspapers published or of general circulation in
517Palm Beach County. Meetings of landowners shall be held in a
518public place, or any other place made available for the purpose
519of such meeting, in Palm Beach County and the place, date, and
520hour of holding such meeting and the purpose thereof shall be
521stated in the notice. Landowners representing a majority of the
522number of acres in the district, present in person or by proxy,
523shall constitute a quorum at any meeting of the landowners.
524     (2)  The board of supervisors shall have the power to call
525special meetings of the landowners at any time to receive
526reports of the board of supervisors or for such other purpose as
527the board of supervisors may determine. After June 6, 2010, a
528special meeting of the landowners may also be called at any time
529upon notice as provided hereinabove at the written request of
530the owners of not less than 25 percent in acreage of the land
531within the district for the purpose of:
532     (a)  Filling any vacancy on the board of supervisors
533remaining unfilled for more than 30 days after such vacancy
534occurs;
535     (b)  Recalling any supervisor theretofore elected or
536designated and filling such vacancy for the unexpired term; or
537     (c)  Taking any other action by the landowners of the
538district.
539
540Such special meeting shall be called by any court of competent
541jurisdiction in the event that the board of supervisors fails to
542do so upon request as provided in the preceding sentence. Except
543as otherwise provided in section 3 (4) with respect to the
544election of supervisors, action taken at a meeting of the
545landowners shall be by the affirmative vote of the owners of at
546least a majority in acreage of the land within the district
547represented at such meeting.
548     (3)  If no quorum is present or represented at a meeting of
549the landowners at the time and place the same is called to be
550held, the landowners present and represented, although less than
551a quorum, may adjourn to another time or day, and at such or any
552subsequent adjourned meeting may, if a quorum is then present or
553represented, take any action that the landowners could have
554taken at the meeting or meetings so adjourned for lack of a
555quorum.
556     (4)  At any meeting of the landowners, guardians may
557represent their wards, executors and administrators may
558represent the estate of deceased persons, trustees may represent
559lands held by them in trust, and private corporations may be
560represented by their duly authorized proxy. All landowners,
561including guardians, executors, administrators, trustees, and
562corporations, may be represented and vote by proxy.
563     (5)  Any action required or that may be taken at a meeting
564of the landowners may be taken, without a meeting or notice of
565meeting being given, upon the written consent of all of the
566landowners.
567     Section 5.  Compensation of board.--Each supervisor shall
568be entitled to receive for his or her services a per diem, not
569to exceed that provided by law for state and county officials,
570of $25 for each day actually engaged in work pertaining to the
571district, but not in excess in any one month of $100. In
572addition, each supervisor shall receive reasonable traveling
573expenses for attending the place of meeting from his or her
574residence. Unless the board of supervisors by resolution
575otherwise provides, such traveling expenses shall not be in
576excess of the amounts provided by law for state and county
577officials.
578     Section 6.  Treasurer; depositories; fiscal agent.--
579     (1)  The board of supervisors shall designate a person who
580is a resident of the state, or a bank or trust company organized
581under the laws of the state, as treasurer of the district, who
582shall have charge of the funds of the district. Such funds shall
583be disbursed only upon the order of or pursuant to the
584resolution of the board of supervisors by warrant or check
585signed by the treasurer, or by such other person as may be
586authorized by the board of supervisors. The board of supervisors
587may give the treasurer such other or additional powers and
588duties as the board may deem appropriate, and fix his or her
589compensation. The board of supervisors may require the treasurer
590to give a bond in such amount, on such terms, and with such
591sureties as may be deemed satisfactory to the board to secure
592the performance by the treasurer of his or her powers and
593duties. The board of supervisors shall audit or have audited the
594books of the treasurer at least once a year.
595     (2)  The board of supervisors is authorized to select as
596depositories in which the funds of the board and of the district
597shall be deposited any banking corporation organized under the
598laws of the state or under the national banking act, doing
599business in the state, upon such terms and conditions as to the
600payment of interest by such depository upon the funds so
601deposited as the board may deem just and reasonable.
602     (3)  The Comptroller may from time to time adopt, revise,
603and rescind rules and regulations prescribing the qualifications
604of depositories of funds of the district and establishing
605requirements for security to be given by depositories with
606respect to such funds. In the absence of any such rules and
607regulations issued by the Comptroller, the board of supervisors
608may prescribe the qualifications of depositories and the
609requirements for security to be given by depositories.
610     (4)  The board of supervisors may employ a fiscal agent,
611who shall be either a resident of the state or a corporation
612organized under the laws of this or any other state and
613authorized by such laws to act as such fiscal agent for
614municipal corporations in the state and who shall assist in the
615keeping of the tax books, the collection of taxes, and the
616remitting of funds to pay maturing bonds and coupons, and
617perform such other or additional services and duties as fiscal
618agent and receive such compensation as the board of supervisors
619may determine.
620     Section 7.  Powers and duties of the board of
621supervisors.--
622     (1)  Except as otherwise provided in this act, all of the
623powers and duties of the district shall be exercised by and
624through the board of supervisors. Without limiting the
625generality of the foregoing, the board shall have the power and
626authority to:
627     (a)  Employ engineers, contractors, consultants, attorneys,
628accountants, agents, employees, and representatives as the board
629of supervisors may from time to time determine, on such terms
630and conditions as the board of supervisors may approve, and fix
631their compensation and duties.
632     (b)  Adopt bylaws, rules, resolutions, and orders
633prescribing the powers, duties, and functions of the officers of
634the district, the conduct of the business of the district, the
635maintenance of records, and the form of certificates evidencing
636tax liens and all other documents and records of the district.
637The board may adopt administrative rules and regulations with
638respect to any of the projects of the district, on such notice
639and public hearing, if any, as the board may determine.
640     (c)  Maintain an office at such place or places as it may
641designate.
642     (d)  Enter or direct the entry upon any lands, premises,
643waters, or other property subject to the requirements of due
644process as to privately owned property.
645     (e)  Execute all contracts and other documents, adopt all
646proceedings, and perform all acts determined by the board of
647supervisors to be necessary or desirable to carry out the
648purposes of this act. The board may authorize one or more
649members of the board to execute contracts and other documents on
650behalf of the board or the district.
651     (f)  Establish and create such departments, boards, or
652other agencies as from time to time the board of supervisors may
653deem necessary or desirable in the performance of any acts or
654other things necessary to the exercise of the powers provided in
655this act, and to delegate to such departments, boards, or other
656agencies such administrative duties and other powers as the
657board of supervisors may deem necessary or desirable. The board
658of supervisors may appoint a person to act as general manager of
659the district, having such official title, functions, duties, and
660power as the board may prescribe.
661     (g)  Examine, and authorize any officer or agent of the
662district to examine, the county tax rolls with respect to the
663assessed valuation of the real and personal property within the
664district.
665     (2)  The board of supervisors shall comply with the public
666records and public meeting requirements of chapters 119 and 286,
667Florida Statutes, and for the purposes of those requirements
668shall be considered a state agency.
669     Section 8.  Powers of the district.--The district shall
670have the following powers:
671     (1)  LEGAL PROCEEDINGS.--To sue and be sued by its name in
672any court of law or in equity.
673     (2)  CORPORATE SEAL.--To adopt and use a corporate seal and
674to alter the same at pleasure.
675     (3)  OWNERSHIP AND DISPOSITION OF PROPERTY.--To acquire
676property, real, personal, or mixed, within or without its
677territorial limits, in fee simple or any lesser interest or
678estate, by purchase, gift, devise, or lease, on such terms and
679conditions as the board of supervisors may deem necessary or
680desirable, and by condemnation (subject to the limitations of
681subsection (5)), all provided that the board of supervisors
682determines that the use or ownership of such property is
683necessary in the furtherance of a designated lawful purpose
684authorized under the provisions of this act, and amendments
685thereto; to acquire mineral rights and leases; to acquire title
686to easements or rights-of-way with or without restrictions
687within or without the limits of the district; to accept the
688dedication of streets and other rights-of-way on such terms and
689conditions as the board of supervisors may approve; to make
690purchase money mortgages and deed trusts and other forms of
691encumbrance on any property acquired by the district and to
692purchase property subject to purchase money mortgages, or other
693encumbrances; and to mortgage, hold, manage, control, convey,
694lease, sell, grant, or otherwise dispose of the same, and of any
695of the assets and properties of the district, with or without
696consideration.
697     (4)  LEASE OF FACILITIES.--Whenever deemed necessary or
698desirable by the board of supervisors, to lease as lessor or
699lessee to or from any person, firm, corporation, association or
700body, public or private, any projects of the type that the
701district is authorized to undertake and facilities or property
702of any nature for the use of the district and to carry out any
703of the purposes of the district, subject to the limitations of
704section 18 of this act.
705     (5)  EMINENT DOMAIN.--To exercise within or without the
706territorial limits of the district the right and power of
707eminent domain to carry out the purposes of this act and
708amendments thereto. In addition to and not in limitation of the
709foregoing, the district may also exercise the right and power of
710eminent domain within the territorial limits of the district for
711the purpose of condemning any real, personal, or mixed property,
712public or private, including, without limitation, property owned
713by any other political body or municipal corporation, which the
714board of supervisors shall deem necessary for the use,
715construction, or operation of any of the projects of the
716district or otherwise to carry out any of the purposes of the
717district. The power of condemnation shall be exercised in the
718same manner as is now provided by the general laws of the state.
719In any proceeding under this act for the taking of property by
720eminent domain or condemnation, the board of supervisors is
721authorized to file a declaration of taking allowing immediate
722possession of the property before the final trial by making
723deposit as to value as provided by the general statutes, and
724shall have all the benefits provided by chapters 73 and 74,
725Florida Statutes, or any other statutes of the state which give
726the right to immediate taking and possession. No public or
727private body, and no agency or authority of the state or any
728political subdivision thereof shall exercise the power of
729eminent domain or condemnation with respect to any of the
730properties, easements, or rights owned by the district and lying
731within the district except with the concurrence of the board of
732supervisors of the district, which shall not be unreasonably
733withheld.
734     (6)  WATER MANAGEMENT; IRRIGATION.--To adopt a water
735management plan and to own, acquire, construct, reconstruct,
736equip, operate, maintain, extend, and improve canals, ditches,
737drains, dikes, levees, pumps, plants, pumping systems,
738collection and distribution systems, and other works for water
739management and irrigation purposes.
740     (7)  WATER MANAGEMENT; EROSION CONTROL; ELIGIBILITY FOR
741STATE AND FEDERAL ASSISTANCE.--To own, acquire, construct,
742reconstruct, equip, maintain, operate, extend, and improve water
743management facilities; to regulate the supply and level of water
744within the district; to divert waters from one area, lake, pond,
745river, stream, basin, or drainage or water flood control
746facility to any other area, lake, pond, river, stream, basin, or
747drainage and water flood control facility; to regulate, control,
748and restrict the development and use of natural or artificial
749streams or bodies of water, lakes, or ponds; and to take all
750measures determined by the board of supervisors to be necessary
751or desirable to prevent or alleviate land erosion. The powers
752granted to the district by this subsection shall be exclusive
753within the area of the district of the exercise of the same or
754like powers by any other public body, agency, authority, or
755subdivision, and no other public body, agency, authority, or
756subdivision shall within the area of the district exercise the
757same or like powers as are granted to the district under this
758subsection except upon the concurrence of the board of
759supervisors. The Legislature hereby finds and declares the
760district eligible to receive moneys, disbursements, and
761assistance from the state and federal governments to facilitate
762the exercise of the powers under this subsection.
763     (8)  WATER AND SEWER SYSTEMS.--To own, acquire, construct,
764reconstruct, equip, operate, maintain, extend, and improve water
765systems and sewer systems or combined water and sewer systems;
766to regulate the use of sewers and the supply of water within the
767district and to prohibit or regulate the use and maintenance of
768outhouses, privies, septic tanks, or other sanitary structures
769or appliances within the district; to prescribe methods of
770pretreatment of wastes not amenable to treatment with domestic
771sewage before accepting such wastes for treatment and to refuse
772to accept such wastes when not sufficiently pretreated as may be
773prescribed, and to prescribe penalties for the refusal of any
774person or corporation to so pretreat such wastes; to sell or
775otherwise dispose of the effluent, sludge, or other byproducts
776as a result of sewage treatment; and to construct and operate
777connecting, intercepting, or outlet sewers and sewer mains and
778pipes and water mains, conduits, or pipelines in, along, or
779under any street, alleys, highways, or other public places or
780ways within or without the district, when deemed necessary or
781desirable by the board of supervisors in accomplishing the
782purposes of this act.
783     (9)  WASTE COLLECTION AND DISPOSAL.--To own, acquire,
784construct, reconstruct, equip, operate, maintain, extend, and
785improve a waste collection and disposal system, and to sell or
786otherwise dispose of any effluent, residue or other byproducts
787of such system.
788     (10)  MOSQUITO AND PEST CONTROLS; ELIGIBILITY FOR STATE AND
789FEDERAL AID.--To establish a program for the control, abatement,
790and elimination of mosquitoes and other noxious insects,
791rodents, reptiles, and other pests throughout the district and
792to undertake such works and construct such facilities within or
793without the district as may be determined by the board of
794supervisors to be needed to effectuate such program; to abate
795and suppress mosquitoes and other arthropods, whether disease-
796bearing or pestiferous, within or without the district when in
797the judgment of the board of supervisors necessary or desirable
798for the health and welfare of the inhabitants of or visitors to
799the district; and to take any and all temporary or permanent
800eliminative measures that the board of supervisors may deem
801advisable. The Legislature hereby finds and declares the
802district eligible to receive state and federal funds to
803facilitate the exercise of the powers under this subsection.
804     (11)  RECREATION FACILITIES.--To own, acquire, construct,
805reconstruct, equip, operate, maintain, extend, and improve:
806parks; playgrounds; picnic grounds; camping facilities; bicycle,
807walking, and hiking trails; golf courses; athletic fields;
808marinas; piers; wharves; docks; harbors; boating and fishing
809facilities; swimming pools; bathing beaches and other water
810recreation facilities; stadiums; auditoriums; civic centers;
811aquariums; libraries; museums; recreational centers; convention
812halls and facilities; radio, cellular, and television sending,
813transmission, and receiving stations; community antenna and
814cable television systems; and cultural, recreational, and
815educational buildings, facilities, and projects of all kinds and
816descriptions.
817     (12)  PARKING FACILITIES.--To own, acquire, construct,
818reconstruct, equip, operate, maintain, extend, and improve
819parking facilities; to install or cause to be installed parking
820meters at or near the curbs of streets, roads, and other public
821ways within the district; and to adopt such regulations and
822impose such charges in connection with any parking facilities
823and parking meters as the board of supervisors may deem
824necessary or desirable.
825     (13)  FIRE PROTECTION.--To own, acquire, construct,
826reconstruct, equip, maintain, operate, extend, and improve fire
827control facilities for the district, including fire stations,
828water mains and plugs, fire trucks, and other vehicles and
829equipment, and to undertake such works and construct such
830facilities as may be determined necessary by the board of
831supervisors to carry out a program of fire prevention and fire
832control within the district.
833     (14)  ADVERTISING.--To undertake a program of advertising
834to the public promoting the businesses, facilities, and
835communities within the district and the projects of the
836district, and to expend moneys and undertake such activities to
837carry out such advertising and promotional program as the board
838of supervisors from time to time may determine.
839     (15)  TRANSPORTATION.--To own, acquire, construct,
840reconstruct, equip, operate, maintain, extend, and improve
841common, private, or contract carriers, buses, vehicles,
842railroads, monorails, airplanes, helicopters, boats, and other
843transportation facilities, whether now or hereafter invented or
844developed, including, without limitation, novel and experimental
845facilities such as moving platforms and sidewalks, as may be
846determined from time to time by the board of supervisors to be
847useful or appropriate to meet the transportation requirements of
848the district and activities conducted within the district; and
849to extend such transportation facilities to areas outside the
850district in order to provide transportation to and from the
851district.
852     (16)  CONSERVATION AREAS AND SANCTUARIES.--To designate,
853set aside, maintain, create, and enhance wetlands and uplands
854within the district as conservation areas for fish and wildlife;
855and to promulgate and enforce rules and regulations with respect
856thereto.
857     (17)  ISSUANCE OF BONDS.--To issue general obligation
858bonds, revenue bonds, assessment bonds, or any other bonds or
859obligations authorized by the provisions of this act or any
860other law, or any combination of the foregoing, to pay all or
861part of the cost of the acquisition, construction,
862reconstruction, extension, repair, improvement, maintenance, or
863operation of any project or combination of projects; to provide
864for any facility, service, or other activity of the district;
865and to provide for the retirement or refunding of any bonds or
866obligations of the district, or for any combination of the
867foregoing purposes.
868     (18)  OTHER POWERS; RESEARCH AND DEVELOPMENT.--In addition
869to the powers specifically provided in this act, the district
870shall have the power to own, acquire, construct, reconstruct,
871equip, operate, maintain, extend, and improve such other
872projects as the board of supervisors may in its discretion find
873necessary or desirable to accomplish the purposes of this act,
874and to exercise through its board of supervisors all powers
875necessary, convenient, or proper to carry out the purposes of
876this act. In connection with any of the projects that the
877district is authorized to undertake pursuant to the powers and
878authority vested in it by this act and, in order to promote the
879development and utilization of new concepts, designs, and ideas
880in the fields of biotechnology, recreation, and sustainable
881communities, the district shall have the power and authority to
882examine into, develop, and utilize new concepts, designs, and
883ideas, and to own, acquire, construct, reconstruct, equip,
884operate, maintain, extend, and improve such experimental public
885facilities and services, and otherwise to undertake, sponsor,
886finance, and maintain such research activities, experimentation,
887and development as the board may from time to time determine.
888     Section 9.  Authority of the district with respect to
889roads, bridges, street lighting.--
890     (1)  The district shall have the powers, and shall be
891entitled to the benefits and privileges under law, of special
892road and bridge districts. The district shall have the right and
893power to own, acquire, open, extend, close, vacate, abandon,
894construct, reconstruct, pave, operate, improve, and maintain
895highways, streets, toll roads and bridges, alleys, sidewalks,
896bike paths, hiking trails, promenades, boardwalks, bridges,
897tunnels, interchanges, underpasses, overpasses, causeways,
898associated stormwater collection, conveyance, and treatment
899systems, and public thoroughfares of all kinds and descriptions
900(hereinafter collectively and severally referred to as "public
901roads") and connections to and extensions of any and all
902existing public roads within the district, deemed necessary or
903convenient by the board of supervisors to provide access to and
904efficient development of the territory within the district; to
905regulate and control the use, encroachments in, upon, over, and
906under, and the obstruction thereof; to erect, maintain, and from
907time to time change the location of and operate toll plazas,
908traffic control devices and signs, and street signs; and to
909construct and maintain sidewalks and street lights along public
910roads in the district and elsewhere as may from time to time be
911deemed appropriate by the board of supervisors adequately to
912service the lands in the district.
913     (2)  The right and authority of the district to construct,
914control, and maintain public roads and connections to and
915extensions thereof now or hereafter acquired, constructed, or
916maintained with public funds. No public road within the district
917or any connection to or extensions thereof shall constitute a
918part of the state highway system or the county road system
919unless so designated by the board of supervisors of the
920district, and no agency or authority of the state or any
921political subdivision thereof shall have the power or authority,
922except with the concurrence of the board of supervisors, to
923acquire, construct, or maintain public roads within the
924territorial limits of the district.
925     Section 10.  Unit development; powers of board of
926supervisors to designate units of district and adopt plans for
927district facilities, projects and systems by unit; plans of work
928and financing assessments for each unit; amendment of unit
929plan.--
930     (1)  The board of supervisors of the district shall have
931the power and is hereby authorized in its discretion to
932construct, maintain, and operate district facilities, projects,
933and systems by designated areas or parts of the district to be
934called "units." The units into which the district may be so
935divided shall be given appropriate numbers or names by the board
936of supervisors, so that the units may be readily identified and
937distinguished. The board of supervisors shall have the power to
938fix and determine the location, area, and boundaries of lands to
939be included in each and all such units, the order of development
940thereof, and the method of carrying on the work in each unit.
941     (2)  If the board of supervisors determines that it is
942advisable to construct, maintain, or operate district
943facilities, projects, and systems by units, as authorized by
944this section, the board shall, by resolution, declare its
945purpose to conduct such work accordingly, and shall fix the
946number, location, and boundaries of and description of lands
947within such unit or units and give them appropriate numbers or
948names. The entire district may also be designated as a unit for
949the proper allocation of such part of its work plan as benefits
950the entire district.
951     (3)  As soon as practicable after the adoption of such
952resolution, the board of supervisors shall publish notice once a
953week for 2 consecutive weeks in a newspaper or newspapers
954published or of general circulation in Palm Beach County,
955briefly describing the units into which the district has been
956divided and the lands embraced in each unit, giving the name,
957number, or other designation of such units, requiring all owners
958of lands in the district to show cause in writing before the
959board of supervisors at a time and place to be stated in such
960notice why such division of the district into such units should
961not be approved, and said system of development by units should
962not be adopted and given effect by the board, and why the
963proceedings and powers authorized by this section should not be
964had, taken, and exercised. At the time and place stated in said
965notice, the board of supervisors shall hear all objections or
966causes of objection (all of which shall be in writing) of any
967landowner in the district who may appear in person or by
968attorney, to the matters mentioned and referred to in such
969notice, and if no objections are made, or if objections are made
970and overruled by the board, then the board shall enter in its
971minutes its finding and order confirming the resolution, and may
972thereafter proceed with the work by units pursuant to such
973resolution and to the provisions of this act. The failure to
974make objection as provided hereinabove shall constitute a waiver
975of such objection, and if any objection shall be made and
976overruled or otherwise not sustained, confirmation of the
977resolution shall be the final adjudication of the issues
978presented unless a judicial proceeding is initiated within 10
979days after such ruling as provided hereinafter.
980     (4)  The board of supervisors may, as a result of any
981objections or of other matters brought forth at such hearing,
982modify or amend said resolution in whole or in part, confirm
983said resolution after overruling all objections, or reject said
984resolution, and if such resolution is confirmed, modified, or
985amended, may proceed thereafter in accordance with said
986resolution as confirmed, modified or amended. The sustaining of
987such objections and the rescinding of such resolutions shall not
988exhaust the power of the board under this section, but the board
989of supervisors may at any time adopt other resolutions under
990this section and thereupon proceed on due notice in like manner
991as above provided. If the board of supervisors shall overrule or
992refuse to sustain any such objections in whole or in part made
993by any landowner in the district, or if any such landowner shall
994deem himself or herself aggrieved by any action of the board of
995supervisors in respect to any objections so filed, such
996landowner may, within 10 days after the ruling of the board,
997invoke the jurisdiction of the Circuit Court for the Eleventh
998Circuit, and such suits shall be conducted like others seeking
999equitable relief suits, except that said suits shall have
1000preference over all other pending actions except criminal
1001actions and writs of habeas corpus.
1002     (5)  When said resolutions creating said unit system shall
1003be confirmed by the board of supervisors (or by the Circuit
1004Court for the Eleventh Circuit, if such proposed action shall be
1005challenged by a landowner by the judicial proceedings authorized
1006in subsection (4)), the board of supervisors may adopt a plan or
1007plans for work for and in respect to any or all such units, and
1008have the benefits and costs resulting therefrom assessed and
1009apportioned in like manner as is provided for in section 32 for
1010the assessments of benefits. The board of supervisors shall have
1011the same powers in respect to each and all of such units as is
1012vested in them with respect to the entire district. Unless the
1013board of supervisors by resolution otherwise provides, all
1014assessments, levies, taxes, bonds, and other obligations made,
1015levied, assessed, or issued for or in respect to any such unit
1016or units shall be a lien and charge solely and only upon the
1017lands in such unit or units, respectively, for the benefit of
1018which the same shall be levied, made, or issued, and not upon
1019the remaining units or lands in the district.
1020     (6)  The board of supervisors may at any time amend its
1021said resolutions by changing the location and description of
1022lands in any such unit or units, provided that if the location
1023of or description of lands located in any such unit or units is
1024so changed, notice of such change shall be published as required
1025in subsection (3) for notice of the formation or organization of
1026such unit or units, and all proceedings shall be had and done in
1027that regard as are provided in this section for the original
1028creation of such unit or units.
1029     (7)  If, after the determination of benefits with respect
1030to any unit or units or the issuance of bonds or other
1031obligations which are payable from taxes or assessments for
1032benefits levied upon lands within such unit or units, the board
1033of supervisors finds the plan of work of any such unit or units
1034insufficient or inadequate for efficient development, the plan
1035of work may be amended or changed as provided in this act, and
1036the unit or units may be amended or changed as provided in this
1037section by changing the location and description of lands in any
1038such unit or units or by detaching lands therefrom or by adding
1039lands thereto, but only upon the approval or consent of not less
1040than the holders of a majority in principal amount of such bonds
1041or other obligations, or such other percentage as may be
1042required by the terms of such bonds or other obligations (or
1043without such consent or approval, if the proceedings authorizing
1044such bonds provide that such action may be taken without the
1045consent or approval of the holders thereof). In the event of
1046such amendment or change, all assessments, levies, taxes, bonds,
1047or other obligations made, levied, assessed, incurred, or issued
1048for or in respect to any such unit or units shall be allocated
1049and apportioned to the amended unit or units in proportion to
1050the benefits assessed with respect to the amended plan of work.
1051In the event of the change of the boundaries of any unit as
1052provided herein and the allocation and apportionment to the
1053amended unit or units of assessments, levies, taxes, bonds, and
1054other obligations in proportion to the benefits assessed for the
1055amended plan of work, the holders of bonds or other obligations
1056heretofore issued for the original unit shall be entitled to all
1057rights and remedies against any lands added to the amended unit
1058or units as fully and to the same extent as if such added lands
1059had formed and constituted a part of the original unit or units
1060at the time of the original issuance of such bonds or other
1061obligations, and regardless of whether the holders of such bonds
1062or other obligations are the original holders thereof or the
1063holders from time to time hereafter, and the rights and remedies
1064of such holders against the lands in the amended unit or units,
1065including any lands added thereto, under such allocation and
1066apportionment, shall constitute vested and irrevocable rights
1067and remedies to the holders from time to time of such bonds or
1068other obligations as fully and to the same extent as if such
1069bonds or other obligations had been originally issued to finance
1070the work in such amended unit or units under such amended plan
1071of work. Conversely, in the event of the change of the
1072boundaries of any unit whereby lands are detached therefrom, as
1073provided for herein, said lands so detached shall be relieved
1074and released from any further liability for the assessment,
1075levy, or payment of any taxes for the purpose of paying the
1076principal or interest on any bonds originally issued for the
1077original unit from which said lands were detached.
1078     Section 11.  Exercise by district of its powers within
1079municipalities.--The district shall have the power to exercise
1080any of its rights, powers, privileges, and authorities in any
1081and all portions of the district lying within the boundaries of
1082the City of Palm Beach Gardens and any other municipal
1083corporation or other political subdivision heretofore or
1084hereafter created or organized, whose boundaries lie wholly or
1085partly within the geographic limits of the district, to the same
1086extent and in the same manner as in areas of the district not
1087incorporated as part of a municipality or other political
1088subdivision. With respect to any municipal corporation or other
1089political subdivision whose boundaries lie partly within and
1090partly without the geographic limits of the district, the
1091district shall have the power to exercise its rights, powers,
1092privileges, and authorities only within the portion of such
1093municipal corporation or other political subdivision lying
1094within the boundaries of the district, except as otherwise
1095provided in section 12. In the event of a conflict between the
1096provisions of this act and the powers of the district herein
1097provided for and the provisions of any charter or law now or
1098hereafter enacted or adopted establishing or pertaining to any
1099municipal corporation or other political subdivision whose
1100boundaries lie wholly or partly within the district, the
1101provisions of this act shall control in the portion of such
1102municipal corporation or other political subdivision which lies
1103within the geographic limits of the district, unless such other
1104enactment specifically repeals or amends this act.
1105     Section 12.  Furnishing facilities and services within
1106district territory; limitation on the exercise of powers outside
1107the district.--
1108     (1)  The district shall have the power to construct,
1109maintain, and operate its projects within the geographic limits
1110of the district, including any portions of the district located
1111inside the boundaries of any incorporated municipality or other
1112political subdivision, and to offer, supply, and furnish the
1113facilities and services provided for in this act to, and to
1114collect fees, rentals and other charges from persons, firms,
1115corporations, municipalities, counties, political subdivisions,
1116and other public or private agencies or bodies within the
1117geographic limits of the district, and for the use of the
1118district itself.
1119     (2)  The district shall have the power to construct,
1120maintain, and operate its projects outside of the geographic
1121limits of the district, and to offer, supply, and furnish the
1122facilities and services provided for in this act to, and to
1123collect fees, rentals, and other charges from, persons, firms,
1124corporations, municipalities, counties, political subdivisions,
1125and other public or private agencies or bodies outside of the
1126geographic limits of the district. Provided, however, that the
1127district shall not construct any project or offer, furnish, or
1128supply facilities and services outside of the territorial limits
1129of the district except upon the consent, approval, and
1130certification of any regulatory agency or governing body of the
1131state or of any municipality or other political subdivision
1132thereof whose consent, approval or certification may be required
1133by law.
1134     Section 13.  Mandatory use of certain district facilities
1135and services.--The district may require all lands, buildings,
1136and premises, and all persons, firms, and corporations within
1137the district or within any zone or area within such district
1138created for such purpose, to use the district's facilities and
1139services.
1140     Section 14.  Maintenance of projects across rights-of-
1141way.--The district shall have the power to construct and operate
1142its projects in, along, or under any streets, alleys, highways,
1143or other public places or ways, and across any drain, ditch,
1144canal, floodway, holding basin, excavation, railroad right-of-
1145way, track, grade, fill, or cut, provided, however, that just
1146compensation shall be paid by the district for any private
1147property taken or damaged by the exercise of such power.
1148     Section 15.  Fees, rentals, tolls, fares, and charges;
1149procedure for adoption and modification; minimum revenue
1150requirements.--
1151     (1)  The district shall have the power to prescribe, fix,
1152establish, and collect rates, fees, rentals, tolls, fares, or
1153other charges (hereinafter sometimes referred to as "revenues"),
1154and to revise the same from time to time, for the facilities and
1155services furnished or to be furnished by the district,
1156including, but not limited to, drainage facilities, water and
1157sewer systems, waste collection and disposal systems, toll roads
1158and bridges, transportation facilities, and other public
1159utilities; to recover the costs of making connection with any
1160district facility or system; and to provide for reasonable
1161penalties against any user or property for any such rates, fees,
1162rentals, tolls, fares, or other charges that are delinquent.
1163     (2)  No such rates, fees, rentals, tolls, fares, or other
1164charges for any of the facilities or services of the district,
1165other than parking facilities and parking meters, shall be fixed
1166until after a public hearing at which all the users of the
1167proposed facility or services or owners, tenants, or occupants
1168served or to be served thereby and all other interested persons
1169shall have an opportunity to be heard concerning the proposed
1170rates, fees, rentals, tolls, fares, or other charges. Notice of
1171such public hearing setting forth the proposed schedule or
1172schedules of rates, fees, rentals, tolls, fares, and other
1173charges shall have been published in a newspaper or newspapers
1174published or of general circulation in Palm Beach County at
1175least once not less than 10 days prior to such public hearing,
1176which may be adjourned from time to time. After such hearing
1177such schedule or schedules, either as initially proposed or as
1178modified or amended, may be finally adopted. A copy of the
1179schedule or schedules of such rates, fees, rentals, tolls,
1180fares, or charges as finally adopted shall be kept on file in an
1181office designated by the board of supervisors and shall be open
1182at all reasonable times to public inspection. The rates, fees,
1183rentals, tolls, fares, or charges so fixed for any class of
1184users or property served shall be extended to cover any
1185additional users or properties thereafter served which shall
1186fall in the same class, without the necessity of any notice or
1187hearing. Any change or revision of rates, fees, rentals, tolls,
1188fares, or charges may be made in the same manner as the same
1189were originally established, as hereinabove provided, except
1190that if such changes or revisions are made substantially pro
1191rata as to all classes of the type of service involved no notice
1192or hearing shall be required.
1193     (3)  Such rates, fees, rentals, tolls, fares, and charges
1194shall be just and equitable and uniform for users of the same
1195class and, where appropriate, may be based or computed either
1196upon the amount of service furnished or upon the number or
1197average number of persons residing or working or otherwise
1198occupying the premises served, upon any other factor affecting
1199the use of the facilities furnished, or upon any combination of
1200the foregoing factors, as may be determined by the board of
1201supervisors on an equitable basis.
1202     (4)  The rates, fees, rentals, tolls, fares, or other
1203charges prescribed shall be such as will produce revenues,
1204together with any other assessments, taxes, revenues, or funds
1205available or pledged for such purpose, at least sufficient to
1206provide for the items hereinafter listed, but not necessarily in
1207the order stated:
1208     (a)  To provide for all expenses of operation and
1209maintenance of such facility or service, including reserves for
1210such purpose, unless the board of supervisors shall determine
1211that in order to carry out the purposes of this act to provide
1212novel and experimental facilities and services the requirements
1213of this paragraph are inappropriate with respect to any such
1214facility or service.
1215     (b)  To pay when due all bonds and interest thereon for the
1216payment of which such revenues are, or shall have been, pledged
1217or encumbered, including reserves for such purpose.
1218     (c)  To provide for any other funds which may be required
1219under the resolution or resolutions authorizing the issuance of
1220bonds pursuant to this act.
1221     (5)  The board of supervisors shall have the power to enter
1222into contracts for the use of the projects of the district and
1223with respect to the services and facilities furnished or to be
1224furnished by the district, including, but not limited to,
1225service agreements with landowners and others within or without
1226the district, for such consideration and on such other terms and
1227conditions as the board of supervisors may approve. No hearing
1228or notice thereof shall be required prior to the authorization
1229or execution by the board of supervisors of any such contract or
1230agreement, and the same shall not be subject to revision except
1231in accordance with their terms. Such contracts or agreements,
1232and revenues or service charges received or to be received by
1233the district thereunder, may be pledged as security for any of
1234the bonds of the district.
1235     Section 16.  Recovery of delinquent charges.--In the event
1236that any of the rates, fees, rentals, charges, or delinquent
1237penalties shall not be paid as and when due and shall be in
1238default for 30 days or more, the unpaid balance thereof and all
1239interest accrued thereon, together with attorney's fees and
1240costs, may be recovered by the district in a civil action.
1241     Section 17.  Discontinuance of service.--In the event that
1242the fees, rentals, or other charges for the services and
1243facilities of any project are not paid when due, the board of
1244supervisors shall have the power to discontinue and shut off the
1245same until such fees, rentals, or other charges, including
1246interest, penalties, and charges for the shutting off and
1247discontinuance and the restoration of such services and
1248facilities, are fully paid, and for such purposes may enter on
1249any lands, waters, and premises of any person, firm,
1250corporation, or other body, public or private, within or without
1251the district limits. Such delinquent fees, rentals, or other
1252charges, together with interest, penalties, and charges for the
1253shutting off and discontinuance and the restoration of such
1254services and facilities, and reasonable attorney's fees and
1255other expenses, may be recovered by the district by suit in any
1256court of competent jurisdiction. The district may also enforce
1257payment of such delinquent fees, rentals, or other charges by
1258any other lawful method of enforcement.
1259     Section 18.  Agreements with private parties concerning the
1260furnishing of facilities and services.--The district shall have
1261the power to enter into agreements with any person, firm, or
1262corporation for the furnishing by such person, firm, or
1263corporation of any facilities and services of the type provided
1264for in this act to the district, and for or on behalf of the
1265district to persons, firms, corporations, and other public or
1266private bodies and agencies to whom the district is empowered
1267under this act to furnish facilities and services, and the
1268district may by agreement join with any public or privately
1269owned utility plant or system in furnishing any of the
1270facilities or services of the district.
1271     Section 19.  Planning, zoning, and building.--The district
1272shall have the exclusive authority to exercise within the
1273boundaries of the district the powers and duties which otherwise
1274would be exercised by Palm Beach County or a municipal
1275corporation regarding comprehensive planning, zoning, land
1276development regulations, building regulations, environmental
1277regulations, plats, subdivisions, and fire and life safety
1278regulations under the laws of the state, including, but not
1279limited to, chapters 163, 177, 191, 380, and 458, Florida
1280Statutes. The supervisors shall serve as the local planning
1281agency.
1282     Section 20.  Annexation.--The district shall not have the
1283authority to annex into the district any unincorporated lands
1284located outside of the district boundaries. No municipality
1285shall annex involuntarily any lands within the district which
1286are not located within that municipality upon the effective date
1287of this act; provided, however, that any voluntary annexation of
1288district lands shall only be into the City of Palm Beach
1289Gardens.
1290     Section 21.  Ad valorem taxes.--The board of supervisors
1291shall have the power to levy and assess an ad valorem tax on all
1292the taxable real and tangible personal property in the district
1293to pay the principal of and interest on any general obligation
1294bonds of the district, to provide for any sinking or other funds
1295established in connection with any such bonds, and to finance
1296and defray the cost of any of the projects or activities of the
1297district authorized by the provisions of this act or under law.
1298The total amount of such ad valorem taxes levied in any one year
1299shall not be in excess of 30 mills on the dollar per annum on
1300the assessed value of the taxable property within the district.
1301The ad valorem tax provided for herein shall be in addition to
1302county and municipal ad valorem taxes provided for by law.
1303     Section 22.  Determining property values for ad valorem tax
1304purposes.--Ad valorem taxes of the district shall be based on
1305the assessed valuation for county taxes of the real and personal
1306property subject to such district ad valorem taxes.
1307     Section 23.  Tax liens; service charge liens.--
1308     (1)  All taxes of the district provided for in this act,
1309together with all penalties for default in payment of the same
1310and all costs in collecting the same, including a reasonable
1311attorney's fee fixed by the court and taxed as costs in the
1312action brought to enforce payment, shall from January 1 for each
1313year the property is liable to assessment and until paid
1314constitute a lien of equal dignity with the liens for state and
1315county taxes and other taxes of equal dignity with state and
1316county taxes upon all the real and personal property against
1317which such taxes shall be levied. A sale of any of the real
1318property within the district for state and county or other taxes
1319shall not operate to relieve or release the property so sold
1320from the lien for subsequent district taxes, or installments of
1321district taxes, which lien may be enforced against such property
1322as though no such sale thereof had been made.
1323     (2)  Charges and fees due or to become due under any
1324service agreements entered into by the district pursuant to the
1325act shall constitute a lien of equal dignity with district
1326taxes, as provided for in subsection (1), upon all the real and
1327personal property to which such service agreements relate or by
1328which the same are secured, and the provisions of subsection (1)
1329shall be applicable to such charges and fees.
1330     Section 24.  Foreclosure of liens.--
1331     (1)  Any lien in favor of the district arising under this
1332act may be foreclosed by the district by bringing foreclosure
1333proceedings in the name of the district in the Circuit Court for
1334the Eleventh Circuit in like manner as is provided in chapter
1335173, Florida Statutes, and amendments thereto, and the
1336provisions of said chapter shall be applicable to such
1337proceedings with the same force and effect as if said provisions
1338were expressly set forth in this act. Any act required or
1339authorized to be done by or on behalf of a city or town in
1340foreclosure proceedings under chapter 173, Florida Statutes, may
1341be performed by such officer or agent of the district as the
1342board of supervisors may designate. Such foreclosure proceedings
1343may be brought at any time after the expiration of 1 year from
1344the date any tax, or installment thereof, becomes delinquent.
1345     (2)  As an alternative to the foregoing, the district may
1346at any time foreclose any lien for delinquent taxes or
1347installments thereof by a chancery action brought in the name of
1348the district in the Circuit Court for the Eleventh Circuit. The
1349pleadings, process, practice, and sales in such proceedings
1350shall be the same as in actions for the foreclosure of mortgages
1351upon real property. One or more parcels of land may be included
1352in the same suit.
1353     (3)  In any foreclosure action filed by the district
1354pursuant to this section, the district may join as a party
1355defendant Palm Beach County for the purpose of determining the
1356amount of their respective tax liens. When a county is so joined
1357in such a foreclosure action, the judicial sale held in such
1358action shall operate to satisfy all county tax liens to the date
1359of such sale, and the net proceeds of such sale shall be applied
1360first against delinquent state and county taxes and thereafter
1361against delinquent district taxes on the property affected. The
1362decree of the court in any such foreclosure action shall operate
1363to quiet title to the property that is the subject of the
1364action.
1365     Section 25.  Payment of taxes and redemption of tax liens
1366by the district; sharing in proceeds of tax sale under chapter
1367197, Florida Statutes.--
1368     (1)  The district has the right to:
1369     (a)  Pay any delinquent state, county, district, municipal,
1370or other tax or assessment upon lands located wholly or
1371partially within the boundaries of the district.
1372     (b)  Redeem or purchase any tax sales certificate issued or
1373sold on account of any state, county, district, municipal, or
1374other taxes or assessments upon lands located wholly or
1375partially within the boundaries of the district.
1376     (2)  Delinquent taxes paid, or tax sales certificates
1377redeemed or purchased, by the district, together with all
1378penalties for the default in payment of the same and all costs
1379in collecting the same and a reasonable attorney's fee, shall
1380constitute a lien in favor of the district of equal dignity with
1381the liens of state and county taxes and other taxes of equal
1382dignity with state and county taxes, upon all the real property
1383against which said taxes were levied. The lien of the district
1384may be foreclosed in the manner provided in this act.
1385     (3)  In any sale of land pursuant to chapter 197, Florida
1386Statutes, and amendments thereto, the district may certify to
1387the clerk of the circuit court of the county holding such sale,
1388the amount of taxes due to the district upon the lands sought to
1389be sold, and the district shall share in the disbursement of the
1390sales proceeds in accordance with the provisions of this act and
1391under law.
1392     Section 26.  General obligation bonds.--
1393     (1)  The district shall have the power from time to time to
1394issue general obligation bonds in an aggregate principal amount
1395of bonds outstanding at any one time not in excess of 50 percent
1396of the assessed value of the taxable property within the
1397district as shown on the pertinent tax records at the time of
1398the authorization of the general obligation bonds for which the
1399full faith and credit of the district is pledged. Except for
1400refunding bonds, no general obligation bonds shall be issued
1401unless the issuance thereof shall have been approved at an
1402election of freeholders held in accordance with the requirements
1403for such election as prescribed by the State Constitution, such
1404election to be called and held in the manner provided in the
1405State Constitution and Florida Statutes for freeholder
1406elections. Such elections shall be called to be held in the
1407district by the Board of County Commissioners of Palm Beach
1408County upon the request of the board of supervisors of the
1409district. The expenses of calling and holding such referendum
1410elections shall be borne by the district, and the district shall
1411reimburse the Board of County Commissioners of Palm Beach County
1412for any expenses incurred by said board in calling or holding
1413such elections. In the alternative, at the option of the board
1414of supervisors, the board of supervisors may make such other
1415provision for the registration of such qualified electors who
1416are freeholders and the calling and holding of such elections as
1417the board may from time to time deem appropriate.
1418     (2)  The district may pledge its full faith and credit for
1419the payment of the principal and interest on such general
1420obligation bonds, and for any reserve or other funds provided
1421therefor, and may unconditionally and irrevocably pledge itself
1422to levy ad valorem taxes on all taxable property in the
1423district, to the extent necessary for the payment thereof
1424subject, however, to the limitations on the total amount of ad
1425valorem taxes that may be levied in any one year as specified in
1426of this act.
1427     (3)  If the board of supervisors shall determine to issue
1428general obligation bonds for more than one different purpose,
1429the approval of the issuance of the bonds for each and all such
1430purposes may be submitted to the freeholders on one and the same
1431ballot. The failure of the freeholders to approve the issuance
1432of bonds for any one or more purposes shall not defeat the
1433approval of bonds for any purpose which shall be approved by the
1434freeholders.
1435     Section 27.  Revenue bonds.--
1436     (1)  The district shall have the power to issue revenue
1437bonds from time to time without limitation as to amount. Such
1438revenue bonds may be secured by or payable from the gross or net
1439pledge of the revenues to be derived from any project or
1440combination of projects, from the rates, fees, tolls, fares, or
1441other charges to be collected from the users of any project or
1442projects, from any revenue-producing undertaking or activity of
1443the district, or from any other source or pledged security. Such
1444bonds shall not constitute an indebtedness of the district, and
1445the approval neither of the qualified electors nor of the
1446qualified electors who are freeholders shall be required unless
1447such bonds are additionally secured by the full faith and credit
1448and taxing power of the district.
1449     (2)  Any two or more projects may be combined and
1450consolidated into a single project, and may thereafter be
1451operated and maintained as a single project. The revenue bonds
1452authorized herein may be issued to finance any one or more such
1453projects separately, or to finance two or more such projects,
1454regardless whether or not such projects have been combined and
1455consolidated into a single project. If the board of supervisors
1456deems it advisable, the proceedings authorizing such revenue
1457bonds may provide that the district may thereafter combine the
1458projects then being financed or theretofore financed with other
1459projects to be subsequently financed by the district, and that
1460revenue bonds to be thereafter issued by the district shall be
1461on parity with the revenue bonds then being issued, all on such
1462terms, conditions, and limitations as shall be provided, and may
1463further provide that the revenues to be derived from the
1464subsequent projects shall at the time of the issuance of such
1465parity revenue bonds be also pledged to the holders of any
1466revenue bonds theretofore issued to finance the revenue
1467undertakings which are later combined with such subsequent
1468projects. The district may pledge for the security of the
1469revenue bonds a fixed amount, without regard to any fixed
1470proportion of the gross revenues of any project.
1471     Section 28.  Issuance of additional bonds.--If the proceeds
1472of any bonds shall be less than the cost of completing the
1473project in connection with which such bonds are issued, the
1474board of supervisors may authorize the issuance of additional
1475bonds, upon such terms and conditions as the board of
1476supervisors may provide in the resolution authorizing the
1477issuance thereof, but only in compliance with the resolution or
1478other proceedings authorizing the issuance of the original
1479bonds.
1480     Section 29.  Refunding bonds.--The district shall have the
1481power to issue bonds to provide for the retirement or refunding
1482of any bonds or obligations of the district that at the time of
1483such issuance are or subsequently thereto become due and
1484payable, or that at the time of issuance have been called or are
1485or will be subject to call for redemption within 10 years
1486thereafter, or the surrender of which can be procured from the
1487holders thereof at prices satisfactory to the board of
1488supervisors. Refunding bonds may be issued at any time when in
1489the judgment of the board of supervisors such issuance will be
1490advantageous to the district. No approval of the qualified
1491electors who are freeholders residing in the district shall be
1492required for the issuance of refunding bonds except in cases
1493where such approval is required by the State Constitution. The
1494board of supervisors may by resolution confer upon the holders
1495of such refunding bonds all rights, powers and remedies to which
1496the holders would be entitled if they continued to be the owners
1497and had possession of the bonds for the refinancing of which
1498said refunding bonds are issued, including, but not limited to,
1499the preservation of the lien of such bonds on the revenues of
1500any project or on pledged -funds, without extinguishment,
1501impairment or diminution thereof. The provisions of this act
1502pertaining to bonds of the district shall, unless the context
1503otherwise requires, govern the issuance of refunding bonds, the
1504form and other details thereof, the rights of the holders
1505thereof, and the duties of the board of supervisors with respect
1506to the same.
1507     Section 30.  Pledging ad valorem taxes, assessments, and
1508other revenues and properties as additional security on
1509bonds.--The district may pledge as additional security for the
1510payment of any of the bonds of the district its full faith and
1511credit and ad valorem taxing power, and provide that such bonds
1512shall be payable as to both principal and interest, and as to
1513any reserve or other funds provided therefor, from ad valorem
1514taxes levied on the taxable real and tangible personal property
1515in the district, to the full extent that any revenues as defined
1516in this act, taxes, assessments, or other funds, or any
1517combination thereof, pledged therefor are insufficient for the
1518full payment of the same, but subject to the limitations on the
1519total amount of ad valorem taxes that may be levied in any one
1520year specified in this act, and provided further that no bonds
1521shall be issued to the payment of which the full faith and
1522credit and taxing power of the district is pledged unless
1523approved at an election in the manner provided by law. The
1524district by resolution of the board of supervisors may also
1525pledge as additional security for any bonds the revenues from
1526any project of the district, utility service taxes, assessments,
1527and any other sources of revenues or funds, or any combination
1528of the foregoing, and may pledge or mortgage any of the
1529properties, rights, interests, or other assets of the district,
1530and such pledge shall not require the submission to or approval
1531by the qualified electors who are freeholders of the district
1532unless required by the State Constitution. The board of
1533supervisors may also provide with respect to any bonds of the
1534district that such bonds shall be payable, in whole or in part,
1535as to principal amount or interest, or both, out of rates, fees,
1536tolls, fares, service charges, or other charges collected with
1537respect to any of the projects of the district.
1538     Section 31.  Lien of pledges.--All pledges of revenues,
1539taxes, and assessments made pursuant to the provisions of this
1540act shall be valid and binding from the time when such pledges
1541are made. All such revenues, taxes, and assessments so pledged
1542and thereafter collected shall immediately be subject to the
1543lien of such pledges without any physical delivery thereof or
1544further action, and the lien of such pledges shall be valid and
1545binding as against all parties having claims of any kind in
1546tort, contract, or otherwise against the district, irrespective
1547of whether such parties have notice thereof.
1548     Section 32.  Assessable improvements; levy and payment of
1549special assessments; assessment bonds and certificates.--The
1550district may provide for the construction or reconstruction of
1551assessable improvements, and for the levying of special
1552assessments upon benefited property for the payment thereof,
1553under the provisions of this section.
1554     (1)  The initial proceeding under this section shall be the
1555passage by the board of supervisors of a resolution ordering the
1556construction or reconstruction of such assessable improvements,
1557indicating the location by terminal points, routes, or
1558otherwise, and either giving a description of the improvements
1559by their material, nature, character, and size or giving two or
1560more descriptions with the directions that the material, nature,
1561character, and size shall be subsequently determined in
1562conformity with one of such descriptions. Assessable
1563improvements need not be continuous and may be in more than one
1564locality or street. The resolution ordering any such improvement
1565may give any short and convenient designation to each
1566improvement ordered thereby, and the property against which
1567assessments are to be made for the cost of such improvement may
1568be designated as an assessment district, followed by a letter or
1569number or name to distinguish it from other assessment
1570districts, after which it shall be sufficient to refer to such
1571improvement and property by such designation in all proceedings
1572and assessments, except in the notices required by this section.
1573     (2)  As soon as possible after the passage of such
1574resolution the engineer for the district shall prepare in
1575duplicate plans and specifications for each improvement ordered
1576thereby and an estimate of the cost thereof. Such cost shall
1577include, in addition to the items of cost as defined in this
1578act, the cost of relaying streets, sidewalks, and other public
1579facilities or conveniences necessarily torn up or damaged and
1580the following items of incidental expenses:
1581     (a)  Printing and publishing notices and proceedings.
1582     (b)  Costs of abstracts of title.
1583     (c)  Any other expense necessary or proper in conducting
1584the proceedings and work provided for in this section, including
1585the estimated amount of discount, if any, upon the sale of
1586assessment bonds or any other obligations issued hereunder for
1587which such special assessments are to be pledged. If the
1588resolution shall provide alternative descriptions of material,
1589nature, character, and size, such estimate shall include an
1590estimate of the cost of the improvement of each such
1591description.
1592
1593The engineer shall also prepare in duplicate a tentative
1594apportionment of the estimated total cost of the improvement as
1595between the district and each lot or parcel of land subject to
1596special assessment under the resolution, such apportionment to
1597be made in accordance with the provisions of the resolution and
1598in relation to apportionment of cost provided herein for the
1599preliminary assessment roll. Such tentative apportionment of
1600total estimated cost shall not be held to limit or restrict the
1601duties of the engineer in the preparation of such preliminary
1602assessment roll. One of the duplicates of such plans,
1603specifications, and estimates and such tentative apportionment
1604shall be filed with the board of supervisors and the other
1605duplicate shall be retained by the engineer in his or her files,
1606all thereof to remain open to public inspection.
1607     (3)  The board of supervisors upon the filing with it of
1608such plans, specifications, estimates, and tentative
1609apportionment of cost shall publish once in a newspaper or
1610newspapers published or of general circulation in Palm Beach
1611County a notice stating that at a meeting of the board of
1612supervisors on a certain day and hour, not earlier than 15 days
1613from such publication, the board of supervisors will hear
1614objections of all interested persons to the confirmation of such
1615resolution, which notice shall state in brief and general terms
1616a description of the proposed assessable improvements with the
1617location thereof, and shall also state that plans,
1618specifications, estimates, and tentative apportionment of cost
1619thereof are on file with the board of supervisors. The board of
1620supervisors shall keep a record in which shall be inscribed, at
1621the request of any person, firm or corporation having or
1622claiming to have any interest in any lot or parcel of land or
1623property, the name and post office address of such person, firm,
1624or corporation, together with a brief description or designation
1625of such lot or parcel, and it shall be the duty of the board of
1626supervisors to mail a copy of such notice to such person, firm,
1627or corporation at such address, at least 10 days before the time
1628for the hearing as stated in such notice, but the failure of the
1629board of supervisors to keep such record or so to inscribe any
1630name or address or to mail any such notice shall not constitute
1631a valid objection to holding the hearing as provided in this
1632section or to any other action taken under the authority of this
1633section.
1634     (4)  At the time named in such notice, or to which an
1635adjournment may be taken by the board of supervisors, the board
1636of supervisors shall receive any objections of interested
1637persons and may then or thereafter repeal or confirm such
1638resolution with such amendments, if any, as may be desired by
1639the board of supervisors and which do not cause any additional
1640property to be specially assessed.
1641     (5)  All objections to any such resolution on the ground
1642that it contains items which cannot be properly assessed against
1643property, or that it is, for any default or defect in the
1644passage or character of the resolution or the plans or
1645specifications or estimates, void or voidable in whole or in
1646part, or that it exceeds the power of the board of supervisors,
1647shall be made in writing in person or by attorney, and filed
1648with the board of supervisors at or before the time or adjourned
1649time of such hearing. Any objections against the making of any
1650assessable improvements not so made shall be considered as
1651waived, and if any objection shall be made and overruled or
1652shall not be sustained, the confirmation of the resolution shall
1653be the final adjudication of the issues presented unless proper
1654steps shall be taken in the Circuit Court for the Eleventh
1655Circuit to secure relief within 20 days.
1656     (6)  Whenever any resolution providing for the construction
1657or reconstruction of assessable improvements and for the levying
1658of special assessments upon benefited property for the payment
1659thereof shall have been confirmed, as hereinabove provided, or
1660at any time thereafter, the board of supervisors may issue
1661assessment bonds payable out of such assessments when collected.
1662Said bonds shall mature not later than 2 years after the last
1663installment in which said special assessments may be paid, as
1664provided in subsection (10), and shall bear interest at not
1665exceeding 6 percent per annum. Such assessment bonds shall be
1666executed, shall have such provisions for redemption prior to
1667maturity, and shall be sold in the manner and be subject to all
1668of the applicable provisions contained in this act for revenue
1669bonds, except as the same are inconsistent with the provisions
1670of this section. The amount of such assessment bonds for any
1671assessable improvement, after the confirmation of the initial
1672resolution, shall not exceed 70 percent of the estimated amount
1673of the cost of such assessable improvements which are to be
1674specially assessed against the land or property to be specially
1675benefited thereby, as shown in the estimates of the engineer for
1676the district referred to in subsection (2). The amount of such
1677assessment bonds for any assessable improvement to be issued,
1678after the confirmation of the preliminary assessment roll
1679provided for in subsection (9), including any assessment bonds
1680theretofore issued, shall not exceed the amount of special
1681assessments actually confirmed and levied by the board of
1682supervisors as provided in subsection (9).
1683Such assessment bonds shall be payable from the proceeds of the
1684special assessments levied for the assessable improvement for
1685which such assessment bonds are issued; provided, however, that
1686the district may pledge the full faith and credit of the
1687district for the payment of the principal of and interest on
1688such assessment bonds if the issuance of such assessment bonds
1689shall be approved in the manner provided by law.
1690     (7)  After the passage of the resolution authorizing the
1691construction or reconstruction of assessable improvements has
1692been confirmed as provided in subsection (4), the district may
1693proceed with the construction or reconstruction work. Promptly
1694after the completion of the work, the engineer for the district,
1695who is hereby designated as the official of the district to make
1696preliminary assessment of benefits from assessable improvements,
1697shall prepare a preliminary assessment roll and file the same
1698with the board of supervisors, which roll shall contain the
1699following
1700     (a)  A description of the lots and parcels of land or
1701property within the district which will benefit from such
1702assessable improvements and the amount of such benefits to each
1703such lot or parcel of land or property, and the preliminary
1704assessment. Such lots and parcels shall include the property of
1705the county or counties and any school district or other
1706political subdivision within the district. There shall also be
1707given the name of the owner of record of each lot or parcel
1708where practicable, and a statement of the method of assessment
1709used by such engineer.
1710     (b)  The total cost of the improvement and the amount of
1711incidental expense.
1712
1713In making such preliminary assessments the engineer may use any
1714method of determining the amount of special benefits accruing to
1715each lot or parcel of land or property from such assessable
1716improvements as shall be approved by the board of supervisors.
1717Such special benefits may be based on an acreage assessment
1718where benefits from such assessable improvements are equal or
1719nearly equal for lands or property in a particular area, front
1720footage, or any other factors which the board of supervisors
1721deems fair and equitable as between the different lots or
1722parcels of land or property benefited. It shall be the duty of
1723the engineer in making such preliminary assessment roll to view
1724all lots or parcels of land or property to be assessed, and to
1725determine, for the preliminary assessment roll, the amount of
1726benefit which each lot or parcel of land or property will
1727receive from such assessable improvements, under the method or
1728methods prescribed by the board of supervisors, or any
1729combination thereof.
1730     (8)  The preliminary roll shall be advisory only and shall
1731be subject to the action of the board of supervisors as
1732hereinafter provided. Upon the filing with the board of
1733supervisors of the preliminary assessment roll, the board of
1734supervisors shall publish at least once in a newspaper or
1735newspapers published or of general circulation within Palm Beach
1736County, a notice stating that at a meeting of the board of
1737supervisors to be held on a certain day and hour, not less than
173815 days from the date of such publication, which meeting may be
1739a regular, adjourned or special meeting, all interested persons
1740may appear and file written objections to the confirmation of
1741such roll. Such notice shall state the class of the assessable
1742improvements and the location thereof by terminal points, route
1743or otherwise. The board of supervisors shall also mail a copy of
1744such notice to the persons, firms or corporations referred to in
1745subsection (3) at least 10 days before the time for the meeting
1746as stated in such notice, but the failure of the board of
1747supervisors to mail any such notice shall not constitute a valid
1748objection to holding such meeting or to any other action taken
1749under the authority of this section.
1750     (9)  At the time and place stated in such notice the board
1751of supervisors shall meet and receive the objections in writing
1752of all interested persons as stated in such notice. The board of
1753supervisors may adjourn the hearing from time to time. After the
1754completion thereof the board of supervisors shall either annul
1755or sustain or modify in whole or in part the preliminary
1756assessment as indicated on such roll, either by confirming the
1757preliminary assessment against any or all lots or parcels
1758described therein or by canceling, increasing or reducing the
1759same, according to the special benefits which the board of
1760supervisors decides each such lot or parcel has received or will
1761receive on account of such improvement. If any property which
1762may be chargeable under this section shall have been omitted
1763from the preliminary roll, or if the preliminary assessment
1764shall not have been made against it, the board may place on such
1765roll an apportionment to such property. The board of supervisors
1766shall not confirm any assessment in excess of the special.
1767benefits to the property assessed, and the assessments so
1768confirmed shall be in proportion to the special benefits. The
1769assessment so made shall be final and conclusive as to each lot
1770or parcel assessed unless proper steps be taken within 30 days
1771in the Circuit Court for the Eleventh Circuit to secure relief.
1772If the assessment against any property shall be sustained or
1773reduced or abated by the court, the board of supervisors shall
1774note that fact on the assessment roll opposite the description
1775of the property affected thereby. The amount of the special
1776assessment against any lot or parcel which may be reduced or
1777abated' by the court, unless the assessment upon the entire
1778district be, reduced or abated, or the amount by which such
1779assessment is so reduced or abated, may by resolution of the
1780board of supervisors be made chargeable against the district at
1781large; or, at the discretion of the board of supervisors, a new
1782assessment roll may be prepared and confirmed in the manner
1783hereinabove provided for the preparation and confirmation of the
1784original assessment roll.
1785     (10)  Any assessment may be paid at the office of the board
1786of supervisors within 60 days after the confirmation thereof,
1787without interest. Thereafter all assessments shall be payable at
1788such times, over such period of years not exceeding 20 years,
1789and in such annual or other installments, with interest at such
1790rate not exceeding eight percent per annum on the principal
1791amount of such assessments from the expiration of said 60 days,
1792as the board of supervisors shall determine by resolution. The
1793board of supervisors may provide that any assessment may be paid
1794at any time before due, together with interest accrued thereon
1795to the date of prepayment, if such prior payment shall be
1796permitted by the proceedings authorizing any assessment bonds or
1797other obligations for the payment of which such special
1798assessments have been pledged.
1799     (11)  All such special assessments shall be collected by
1800the tax collector for Palm Beach County, or by such other
1801officer or agent as the board may designate, at such time or
1802times as the board of supervisors shall specify in the
1803proceedings authorizing or confirming the special assessments,
1804and if no other time is specified then at the same time as
1805general county taxes are collected in Palm Beach County.
1806     (12)  All assessments shall constitute a lien upon the
1807property so assessed from the date of confirmation of the
1808resolution ordering the improvement, of the same nature and to
1809the same extent as the lien for general county taxes falling due
1810in the same year or years in which such assessments or
1811installments thereof fall due, and any assessment or installment
1812not paid when due shall be collectible with such interest and
1813with a reasonable attorney's fee and costs, but without
1814penalties, by the district by proceedings in the Circuit Court
1815for the Eleventh Circuit to foreclose the lien of assessments as
1816a lien for mortgages is or may be foreclosed under the laws of
1817the State; provided that any such proceedings to foreclose shall
1818embrace all installments of principal remaining unpaid with
1819accrued interest thereon, which installments shall, by virtue of
1820the institution of such proceedings, immediately become due and
1821payable. Nevertheless, if prior to any sale of the property
1822under decree of foreclosure in such proceedings, payment be made
1823of the installment or installments which are shown to be due
1824under the provisions of the resolution passed pursuant to
1825subsection (9) and by subsection (10), and all costs including
1826interest and attorney's fees, such payment shall have the effect
1827of restoring the remaining installments to their original
1828maturities, and the proceedings shall be dismissed. It shall be
1829the duty of the district to enforce the prompt collection of
1830assessments by the means herein provided, and such duty may be
1831enforced at the suit of any holder of bonds issued under this
1832act in the Circuit Court for the Eleventh Circuit by mandamus or
1833other appropriate proceedings or action. Not later than 30 days
1834after any installments are due and payable, it shall be the duty
1835of the board of supervisors to direct the attorney or attorneys
1836whom the board of supervisors shall then designate to institute
1837action within two months after such direction to enforce the
1838collection of all special assessments for assessable
1839improvements made under this section and remaining due and
1840unpaid at the time of such direction. Such action shall be
1841prosecuted in a manner and under the conditions in and under
1842which mortgages are foreclosed under the laws of the State. It
1843shall be lawful to join in one action the collection of
1844assessments against. any or all property assessed by virtue of
1845the same assessment roll unless the court shall deem such
1846joinder prejudicial to the interests of any defendant. The court
1847shall allow a reasonable attorney's fee for the attorney or
1848attorneys of the district, and the same shall be collectible as
1849a part of or in addition to the costs of the action. At the sale
1850pursuant to decree in any such action, the district may be a
1851purchaser to the same extent as an individual person or
1852corporation, except that the part of the purchase price
1853represented by the assessments sued upon and. the interest
1854thereon need not be paid in cash. Property so acquired by the
1855district may be sold or otherwise disposed of, the proceeds of
1856such disposition to be placed in the fund provided by subsection
1857(13), provided, however, that no sale or other disposition
1858thereof shall be made unless the notice calling for bids
1859therefor to be received at a stated time and place shall have
1860been published at least once in a newspaper or newspapers
1861published or of general circulation in Palm Beach County.
1862     (13)  All assessments and charges made under the provisions
1863of this section for the payment of all or any part of the cost
1864of any assessable improvements for which assessment bonds shall
1865have been issued under the provisions of this law, or which have
1866been pledged as additional security for any other bonds or
1867obligations issued under this act, shall be maintained in a
1868special fund or funds and be used only for the payment of
1869principal of or interest on such assessment bonds or other bonds
1870or obligations.
1871     (14)  Palm Beach County and each school district and other
1872political subdivision wholly or partly within the district shall
1873possess the same power and be subject to the same duties and
1874liabilities in respect of the special assessments under this
1875section affecting the real estate of such county, school
1876district or other political subdivision which, private owners of
1877real estate possess or are subject to hereunder, and such real
1878estate of any such county, school district and political
1879subdivision shall be subject to liens for said assessments in
1880all cases where the same property would be subject to such liens
1881had it at the time the lien attached been owned by a private
1882owner.
1883     (15)  Subject to the terms of any bonds or other obligation
1884payable from or secured by the assessments provided for herein,
1885the board of supervisors may at any time and from time to time
1886modify, in whole or in part, or revoke any plan or specification
1887for any assessable improvement. In connection with the revision
1888of any such plan or specification, benefits may be reassessed or
1889additional assessments made in accordance with the provisions
1890and procedures of this section. The board of supervisors may at
1891any time approve and make effective technical changes and
1892modifications of any plan for any improvement not affecting the
1893determination of assessed benefits or the security of bond
1894owners.
1895     Section 33.  Issuance of certificates of indebtedness based
1896on assessments for assessable improvements; assessment bonds.--
1897     (1)  The board of supervisors may, after any assessments
1898for assessable improvements are made, determined and confirmed
1899as provided in section 32, issue certificates of indebtedness
1900for the amount so assessed against the abutting property or
1901property otherwise benefited, as the case may be, and separate
1902certificates shall be issued against each part or parcel of land
1903or property assessed, which certificates shall state the general
1904nature of the improvement for which the said assessment is made.
1905Said certificates shall be payable in annual installments or
1906otherwise in accordance with the installments of the special
1907assessments for which they are issued. The board of supervisors
1908may determine the interest to be borne by such certificates at a
1909rate no greater than six percent per annum, and may sell such
1910certificates at either private or public sale and determine the
1911form, manner of execution and other details of such
1912certificates. Such certificates shall recite that they are
1913payable only from the special assessments levied and collected
1914from the part or parcel of land or property against which they
1915are issued. The proceeds of such certificates may be pledged for
1916the payment of principal of and interest on any revenue bonds or
1917general obligation bonds issued to finance in whole or in part
1918such assessable improvement, or, if not so pledged, may be used
1919to pay the cost or part of the cost of such assessable
1920improvements.
1921     (2)  The district may also issue assessment bonds or other
1922obligations payable from a special fund into which such
1923certificates of indebtedness referred to in the preceding
1924paragraph may be deposited; or, if. such certificates of
1925indebtedness have not been issued, the district may assign to
1926such special fund for the benefit of the holders of such
1927assessment bonds or other obligations, or to a trustee for such
1928bondholders, the assessment liens provided for in section 32,
1929unless such certificates of indebtedness or assessment liens
1930have been theretofore pledged for any bonds or other obligations
1931authorized hereunder. In the event of the creation of such
1932special fund and the issuance of such assessment bonds or other
1933obligations, the proceeds of such certificates of indebtedness
1934or assessment liens deposited therein shall be used only for the
1935payment of the assessment bonds or other obligations issued as
1936provided in this section. The district is hereby authorized to
1937covenant with the holders of such assessment bonds or other
1938obligations that it will diligently and faithfully enforce and
1939collect all the special assessments and interest and penalties
1940thereon for which such certificates of indebtedness or
1941assessment liens have been deposited in or assigned to such
1942fund, and to foreclose such assessment liens so assigned to such
1943special fund or represented by the certificates of indebtedness
1944deposited in said special fund, after such assessment liens have
1945become delinquent, and deposit the proceeds derived from such
1946foreclosure, including interest and penalties, in such special
1947fund, and to make any other covenants deemed necessary or
1948advisable in order to properly secure the holders of such
1949assessment bonds or other obligations.
1950     (3)  The assessment bonds or other obligations issued
1951pursuant to this section shall have such dates of issue and
1952maturity as shall be deemed advisable by the board of
1953supervisors, provided, however, that the maturities of such
1954assessment bonds or other obligations shall not be more than 2
1955years after the due date of the last installment which will be
1956payable on any of the special assessments for which such
1957assessment liens, or the certificates of indebtedness
1958representing such assessment liens, are assigned to or deposited
1959in such special fund.
1960     (4)  Such assessment bonds or other obligations issued
1961under this section shall bear interest at not exceeding six
1962percent per annum, shall be executed, shall have such provisions
1963for redemption prior to maturity, shall be sold in the manner
1964and be subject to all of the applicable provisions contained in
1965this act for revenue bonds, except as the same may be
1966inconsistent with the provisions of this section.
1967     (5)  All assessment bonds or other obligations issued under
1968the provisions of this act, except certificates of indebtedness
1969issued against separate lots or parcels of land or property as
1970provided in this section, shall be and constitute and have all
1971the qualities and incidents of negotiable instruments under the
1972law merchant and the laws of the State.
1973     Section 34.  Issuance of bond anticipation notes.--In
1974addition to the other powers provided for in this act and not in
1975limitation thereof, the district shall have the power, at any
1976time and from time to time after the issuance of any bonds of
1977the district shall have been authorized, to borrow money for the
1978purposes for which such bonds are to be issued in anticipation
1979of the receipt of the proceeds of the sale of such bonds and to
1980issue bond anticipation notes in a principal amount not in
1981excess of the authorized maximum amount of such bond issue. Such
1982notes shall be in such denomination or denominations, bear
1983interest at such rate or rates not in excess of six percent per
1984annum, mature at such time or times not later than 5 years from
1985the date of issuance, be renewable for an additional term or
1986terms in the aggregate not in excess of 5 years from the date of
1987first renewal, and be in such form and executed in such manner
1988as the board of supervisors shall prescribe. Such notes may be
1989sold at either public or private sale, or if such notes shall be
1990renewal notes, may be exchanged for notes then outstanding on
1991such terms as the board of supervisors shall determine. Such
1992notes shall be paid from the proceeds of such bonds when issued.
1993The board of supervisors may in its discretion, in lieu of
1994retiring the notes by means of bonds, retire them by means of
1995current revenues or from any taxes or assessments levied for the
1996payment of such bonds, but in such event a like amount of the
1997bonds authorized shall not be issued.
1998     Section 35.  Short-term borrowings.--The district at any
1999time may obtain loans, in such amount and on such terms and
2000conditions as the board of supervisors may approve, for the
2001purpose of paying any of the expenses of the district or any
2002costs incurred or that may be incurred in connection with any of
2003the projects of the district, which loans shall have a term not
2004exceeding 2 years from the date of issuance thereof, and may be
2005renewable for a like term or terms, shall bear interest in any
2006amount not in excess of six percent per annum, and may be
2007payable from and secured by a pledge of such funds, revenues,
2008taxes and assessments as the board of supervisors may determine.
2009For the purpose of defraying such costs and expenses, the
2010district may issue negotiable notes, warrants or other evidences
2011of debt signed on behalf of the district by any one of the board
2012of supervisors duly authorized by the board, such notes or other
2013evidences of indebtedness to be payable at such times, to bear
2014interest at a rate not exceeding six percent per annum and to be
2015sold or discounted at such price or prices and on such terms as
2016the board may deem advisable. The board shall have the right to
2017provide for the payment thereof by pledging the whole or any
2018part of the funds, revenues, taxes and assessments of the
2019district. The approval of the qualified electors who are,
2020freeholders residing in the district shall not be necessary
2021except where required by the Constitution.
2022     Section 36.  Trust agreements.--In the discretion of the
2023board of supervisors, any issue of bonds may be secured by a
2024trust agreement by and between the district and a corporate
2025trustee or trustees, which may be any trust company or bank
2026having the powers of a trust company within or without the
2027State. The resolution authorizing the issuance of the bonds or
2028such trust agreement may pledge the revenues to be received from
2029any projects of the district and may contain such provisions for
2030protecting and enforcing the rights and remedies of the
2031bondholders as the board of supervisors may approve, including
2032without limitation covenants setting forth the duties of the
2033district in relation to the acquisition, construction,
2034reconstruction, improvement, maintenance, repair, operation and
2035insurance of any projects, the fixing and revising of the rates,
2036fees, tolls, fares and charges, and the custody, safeguarding
2037and application of all moneys, and for the employment of
2038counseling engineers in connection with such acquisition,
2039construction, reconstruction, improvement, maintenance, repair
2040or operation. It shall be lawful for any bank or trust company
2041incorporated under the laws of the State which may act as a
2042depository of the proceeds of bonds or of revenues to furnish
2043such indemnifying bonds or to pledge such securities as may be
2044required by the district. Such resolution or trust agreement may
2045set forth the rights and remedies of the bondholders and of the
2046trustee, if any, and may restrict the individual right of action
2047by bondholders. The board of supervisors may provide for the
2048payment of the proceeds of the sale of the bonds and the
2049revenues of any project to such officer, board or depository as
2050it may designate for the custody thereof, and for the method of
2051disbursement thereof with such safeguards and restrictions as it
2052may determine. All expenses incurred in carrying out the
2053provisions of such resolution or trust agreement may be treated
2054as part of the cost of operation of the project to which such
2055trust agreement pertains.
2056     Section 37.  Sale of bonds.--Bonds may be sold in blocks or
2057installments at different times, or an entire issue or series
2058may be sold at one time. Bonds may be sold at public or private
2059sale after such advertisement, if any, as the board of
2060supervisors may deem advisable but not in any event at less than
2061ninety-five (95) percent of the par value thereof, together with
2062accrued interest thereon. Bonds may be sold or exchanged for
2063refunding bonds. Special assessment and revenue bonds may be
2064delivered as payment by the district of the purchase price or
2065lease of any project or part thereof, or a combination of
2066projects or parts thereof, or as the purchase price or exchanged
2067for any property, real, personal or mixed, including franchises,
2068or services rendered by any contractor, engineer or other
2069person, all at one time or in blocks from time to time, in such
2070manner and upon such terms as the board of supervisors in its
2071discretion shall determine. The price or prices for any bonds
2072sold, exchanged or delivered may be (a) the money paid for the
2073bonds, (b) the principal amount, plus accrued interest to the
2074date of redemption or exchange, of outstanding obligations
2075exchanged for refunding bonds, (c) in the case of special
2076assessment or revenue bonds, the amount of any indebtedness to
2077contractors or other persons paid with such bonds, or the fair
2078value of any properties exchanged for the bonds, as determined
2079by the board of supervisors.
2080     Section 38.  Authorization and form of bonds.--Bonds may be
2081authorized by resolution or resolutions of the board of
2082supervisors which shall be adopted by a majority of all of the
2083members thereof then in office. Such resolution or resolutions
2084may be adopted at the same meeting at which they are introduced,
2085and need not be published or posted. The board of supervisors
2086may by resolution authorize the issuance of bonds, fix the
2087aggregate amount of bonds to be issued, the purpose or purposes
2088for which the moneys derived therefrom shall be expended, the
2089rate or rates of interest, which shall not exceed six percent
2090per annum, the denomination of the bonds, whether or not the
2091bonds are to be issued in one or more series, the date or dates
2092thereof, the date or dates of maturity, which shall not exceed
209340 years from their respective dates of issuance, the medium of
2094payment, the place or places within or without the State where
2095payment shall be made, registration privileges, redemption terms
2096and privileges whether with or without premium, the manner of
2097execution, the form of the bonds including any interest coupons
2098to be attached thereto, the manner of execution of bonds and
2099coupons, and any and all other terms, covenants and conditions
2100thereof, and the establishment of reserve or other funds. Such
2101authorizing resolution may further provide that such bonds may
2102be executed manually or by engraved, lithographed or facsimile
2103signature, provided that where signatures are engraved,
2104lithographed or facsimile no bond shall be valid unless
2105countersigned by a registrar or other officer designated by
2106appropriate resolution of the board of supervisors. The seal of
2107the district may be affixed, lithographed, engraved or otherwise
2108reproduced in facsimile on such bonds. In case any officer whose
2109signature or a facsimile of whose signature shall appear on any
2110bonds or coupons shall cease to be such officer before the
2111delivery of such bonds, such signature or facsimile shall
2112nevertheless be valid and sufficient for all purposes the same
2113as if he had remained in office until such delivery.
2114     Section 39.  Increase in maximum allowable interest on
2115district bonds.--Anything in this act or the laws of the state
2116to the contrary notwithstanding, if at any time and from time to
2117time the general laws of the State of Florida permit the
2118counties, municipalities or political subdivisions of the State,
2119or any of them, to issue general obligation, revenue, assessment
2120or other bonds bearing interest in an amount or at a rate in
2121excess of six percent per annum, then the maximum allowable
2122interest on any bonds of the district that may be issued during
2123the effective period of such general law shall be the maximum
2124amount or rate permitted under such general law.
2125     Section 40.  Interim certificates; replacement
2126certificates.--Pending the preparation of definitive bonds, the
2127board of supervisors may issue interim certificates or receipts
2128or temporary bonds, in such form and with such provisions as the
2129board of supervisors may determine, exchangeable for definitive
2130bonds when such bonds shall have been executed and are available
2131for delivery. The board of supervisors may also provide for the
2132replacement of any bonds which shall become mutilated or be lost
2133or destroyed.
2134     Section 41.  Negotiability of bonds.--Any bond issued under
2135this act and any interim certificate, receipt or temporary bond
2136shall, in the absence of an express recital on the face thereof
2137that it is nonnegotiable, be fully negotiable and shall be and
2138constitute negotiable instruments within the meaning and for all
2139purposes of the law merchant and the laws of the State of
2140Florida.
2141     Section 42.  Defeasance.--The board of supervisors may make
2142such provision with respect to the defeasance of the right,
2143title and interest of the holders of any of the bonds and
2144obligations of the district in any revenues, funds or other
2145properties by which such bonds are secured as the board deems
2146appropriate and, without limitation on the foregoing, may
2147provide that when such bonds or obligations become due and
2148payable or shall have been called for redemption, and the whole
2149amount of the principal and the interest and premium, if any,
2150due and payable upon the bonds or obligations then outstanding
2151shall be paid, or sufficient moneys or direct obligations of the
2152United States Government the principal of and the interest on
2153which when due will provide sufficient moneys, shall be held or
2154deposited in trust for such purpose, and provision shall also be
2155made for paying all other sums payable in connection with such
2156bonds or other obligations, then and in such event the right,
2157title and interest of the holders of the bonds in any revenues,
2158funds or other properties by which such bonds are secured shall
2159thereupon cease, determine and become void, and the board of
2160supervisors may apply any surplus in any sinking fund
2161established in connection with such bonds or obligations and all
2162balances remaining in all other funds or accounts other than
2163money held for the redemption or payment of the bonds or other
2164obligations to any lawful purpose of the district as the board
2165of supervisors shall determine.
2166     Section 43.  Bonds as legal investment or
2167security.--Notwithstanding any provisions of any other law to
2168the contrary, all bonds issued under the provisions of this act
2169shall constitute legal investments for savings banks, banks,
2170trust companies, insurance companies, executors, administrators,
2171trustees, guardians, and other fiduciaries, and for any board,
2172body, agency, instrumentality, county, municipality or other
2173political subdivision of the State, and shall be and constitute
2174securities which may be deposited by banks or trust companies as
2175security for deposits of state, county, municipal or other
2176public funds, or by insurance companies as required or voluntary
2177statutory deposits.
2178     Section 44.  Covenants.--Any resolution authorizing the
2179issuance of bonds may contain such covenants as the board of
2180supervisors may deem advisable and all such covenants shall
2181constitute valid and legally binding and enforceable contracts
2182between the district and the bondholders, regardless of the time
2183of issuance thereof. Such covenants may include, without
2184limitation, covenants concerning the disposition of the bond
2185proceeds, the use and disposition of project revenues, the
2186pledging of revenues, taxes and assessments, the obligations of
2187the district with respect to the operation of the project and
2188the maintenance of adequate project revenues, the issuance of
2189additional bonds, the appointment, powers and duties of trustees
2190and receivers, the acquisition of outstanding bonds and
2191obligations, restrictions on the establishing of competing
2192projects or facilities, restrictions on the sale or disposal of
2193the assets and property of the district, the priority of
2194assessment liens, the priority of claims by bondholders on the
2195taxing power of the district, the maintenance of deposits to
2196assure the payment of revenues by users of district facilities
2197and services, the discontinuance of district services by reason
2198of delinquent payments, acceleration upon default, the execution
2199of necessary instruments, the procedure for amending or
2200abrogating covenants with the bondholders, and such other
2201covenants as may be deemed necessary or desirable for the
2202security of the bondholders.
2203     Section 45.  Validity of bonds; validation proceedings.--
2204     (1)  Any bonds issued by the district shall be
2205incontestable in the hands of bona fide purchasers or holders
2206for value and shall not be invalid because of any irregularity
2207or defects in the proceedings for the issue and sale thereof.
2208Prior to the issuance of any bonds, the district may, but is not
2209required to, publish a notice at least once in a newspaper or
2210newspapers published or of general circulation in Palm Beach
2211County, stating the date of adoption of the resolution
2212authorizing such obligations, the amount, maximum rate of
2213interest and maturity of such obligations, and the purpose in
2214general terms for which such obligations are to be issued, and
2215further stating that any action or proceeding questioning the
2216validity of such obligations or of the proceedings authorizing
2217the issuance thereof, or of any covenants made therein, must be
2218instituted within 20 days after the first publications of such
2219notice, or the validity of such obligations, proceedings and
2220covenants shall not be thereafter questioned in any court
2221whatsoever. If no such action or proceeding is so instituted
2222within such 20-day period then the validity of such obligations,
2223proceedings and covenants shall be conclusive, and all persons
2224or parties whatsoever shall be forever barred from questioning
2225the validity of such obligations, proceedings or covenants in
2226any court whatsoever.
2227     (2)  The power of the district to issue bonds under the
2228provisions of this act may be determined and any of the bonds of
2229the district may be validated and confirmed by circuit court
2230decree, under the provisions of chapter 75, Florida Statutes,
2231and laws amendatory thereof or supplementary thereto.
2232     Section 46.  Within act furnishes full authority for
2233issuance of bonds.--This act constitutes full and complete
2234authority for the issuance of bonds and the exercise of the
2235powers of the district provided herein. No procedures or
2236proceedings, publications, notices, consents, approvals, orders,
2237acts or things by the board of supervisors, or any board,
2238officers, commission, department, agency or instrumentality of
2239the district, other than those required by this act, shall be
2240required to issue any bonds or to do any act or perform anything
2241under this act, and the issuance or sale of bonds pursuant to
2242the provisions of this act need not comply with the requirements
2243of any other law applicable to the issuance or sale of bonds,
2244except as otherwise provided in this act, and shall not require
2245the consent or approval of the Board of Drainage Commissioners
2246of the State of Florida or of any other board, officers,
2247commission, department, agency or instrumentality of the state
2248or any political subdivision thereof. Except as otherwise
2249provided herein, no proceedings or procedures of any character
2250whatever shall be necessary or required for the issuance of
2251bonds other than the adoption of an appropriate resolution by
2252the board of supervisors as provided in this act with respect to
2253the issuance of the same. The powers conferred by this act on
2254the district with respect to the issuance and sale of bonds
2255shall be in addition and supplemental to the powers conferred by
2256any other law.
2257     Section 47.  Pledge by the state to the bond holders of the
2258district and to the Federal Government.--The state pledges to
2259the holders of any bonds issued under this act that it will not
2260limit or alter the rights of the district to own, acquire,
2261construct, reconstruct, improve, maintain, operate or furnish
2262the projects or to levy and collect the taxes, assessments,
2263rentals, rates, fees, tolls, fares and other charges provided
2264for herein and to fulfill the terms of any agreement made with
2265the holders of such bonds or other obligations, that it will not
2266in any way impair the rights or remedies of the holders, and
2267that it will not modify in any way the exemption from taxation
2268provided in the act, until all such bonds together with interest
2269thereon, and all costs and expenses in connection with any
2270action or proceeding by or on behalf of such holders, are fully
2271met and discharged. The state pledges to and agrees with the
2272Federal Government that in the event the Federal Government or
2273any agency or authority thereof shall construct or contribute
2274any funds, materials or property for the construction,
2275acquisition, extension, improvement, enlargement, maintenance,
2276operation, or furnishing of any of the projects of the district,
2277or any part thereof, the State will not alter or limit the
2278rights and powers of the district in any manner which would be
2279inconsistent with the continued maintenance and operation of
2280such project, or any part thereof, or the improvement thereof,
2281or which would be inconsistent with the due performance of any
2282agreements between the district and the Federal Government, and
2283the district shall continue to have and may exercise all powers
2284herein granted so long as the board of supervisors may deem the
2285same necessary or desirable for the carrying out of the purposes
2286of this act and the purposes of the Federal Government in the
2287construction, acquisition, extension, improvement, enlargement,
2288maintenance, operation, or furnishing of any of the projects of
2289the district, or any part thereof.
2290     Section 48.  Agreements with municipalities within the
2291district for the joint discharge of common functions.--The board
2292of supervisors of the district and the governing bodies of any
2293one or more municipalities located wholly or partly within the
2294district, whether now in existence or hereafter created, are
2295authorized to enter into and carry into effect contracts and
2296agreements relating to the common powers, duties and functions
2297of the board of supervisors and other officers, agents and
2298employees of the district, and the respective governing bodies
2299of one or more such municipalities, and their respective
2300officers, agents and employees, to the end that there may be
2301effective cooperation between and coordination of the efforts of
2302such municipalities and the district in discharging their common
2303functions, powers and duties and in rendering services to the
2304respective residents and property owners of such municipalities
2305and the district. The board of supervisors of the district and
2306the governing bodies of one or more such municipalities are
2307further authorized to enter into and carry into effect contracts
2308and agreements for the performance of any of their common
2309functions, powers and duties by a central agency or common agent
2310of the contracting parties.
2311     Section 49.  Cooperation agreements with the state,
2312counties, and municipalities.--
2313     (1)  The state and the counties, municipalities, and other
2314political subdivisions and public bodies and agencies thereof,
2315or any of them, whether now existing or hereafter created, are
2316authorized to aid and cooperate with the district in carrying
2317out any of the purposes and projects of the district, to enter
2318into cooperation agreements with the district, to provide in any
2319such cooperation agreement for the making of loans, gifts,
2320grants, or contributions to the district and the granting and
2321conveyance to the district of real or personal property of any
2322kind or nature, or any interest therein, for the carrying out of
2323the purposes and projects of the district, to covenant in any
2324such cooperation agreement to pay all or any part of the costs
2325of acquisition, construction, reconstruction, extension,
2326improvement, operation and maintenance of any of the projects of
2327the district, and to pay all or any part of the principal and
2328interest on any bonds of the district and all or any part of the
2329deposits required to be made into any reserve, renewal and
2330replacement or other funds created and established by the
2331indenture, resolution, deed of trust or other instrument
2332securing such bonds.
2333     (2)  The state and the counties, municipalities and other
2334political subdivisions and public bodies and agencies thereof,
2335or any of them, whether now existing or hereafter created, and
2336the district created by this act, are further authorized to
2337enter cooperative agreements to provide for the furnishing by
2338the district to the state or any county, municipality or other
2339political subdivision or public body or agency thereof of any of
2340the facilities and services of the district, or by the state or
2341any county, municipality or other political subdivision or
2342public body or agency thereof to the district and to persons,
2343firms or corporations within the district of facilities and
2344services of the type that the district is authorized to furnish
2345or undertake, or such other facilities and services as may be
2346determined necessary or desirable by the board of supervisors
2347for the carrying out of the purposes of this act, all on such
2348terms and conditions as the board of supervisors may deem
2349appropriate. Without limitation on the foregoing, such
2350cooperation agreements may provide for the furnishing by any
2351county, municipality or other political subdivision of fire and
2352police protection for the district and persons and property
2353within the district, and for the providing to the district of
2354any services deemed necessary or desirable by the board of
2355supervisors for the proper functioning of the district.
2356     (3)  Without limitation of the foregoing, the board of
2357supervisors may undertake and finance any of the projects of the
2358district, in whole or in part, jointly with the Scripps Research
2359Institute, Palm Beach County or any municipality, now existing
2360or hereafter created, or in any other manner combine the
2361projects of the district with the projects of such municipality
2362or municipalities, on such terms and conditions as the board of
2363supervisors shall approve, and the provisions of this act,
2364including without limitation the provisions for the financing of
2365district projects through bond issues, shall be applicable to
2366such projects.
2367     (4)  Any agreement of the type authorized by this section
2368may be made and entered into pursuant to this act for such time
2369or times, not exceeding 40 years, as shall be agreed by the
2370parties thereto or for such longer time as any bonds of any of
2371the contracting parties, including refunding bonds, remain
2372outstanding and unpaid, and may contain such details, terms,
2373provisions and conditions as shall be agreed upon by the parties
2374thereto. Any such agreement may be made and entered into for the
2375benefit of the holders of any bonds of the district as well as
2376the parties thereto and in such event shall be enforceable in
2377any court of competent jurisdiction by the holders of any such
2378bonds or of the coupons appertaining thereto.
2379     Section 50.  Contracts, grants, and contributions.--The
2380district shall have the power to make and enter all contracts
2381and agreements necessary or incidental to the performance of the
2382functions of the district and the execution of its powers, and
2383to contract with, and to accept and receive grants or loans of
2384money, material, or property from, any person; private or public
2385corporation; the state or any agency or instrumentality thereof;
2386any county, municipality, or other political subdivision; or any
2387agency, instrumentality, or corporation of or created by the
2388United States of America, or the United States of America, as
2389the board of supervisors shall determine to be necessary or
2390desirable to carry out the purposes of this act, and in
2391connection with any such contract, grant, or loan to stipulate
2392and agree to such covenants, terms, and conditions as the board
2393of supervisors shall deem appropriate.
2394     Section 51.  Tax exemption.--As the exercise of the powers
2395conferred by this act to effect the purposes of this act
2396constitute the performance of essential public functions, and as
2397the projects of the district will constitute public property
2398used for public purposes, all assets and properties of the
2399district, and all bonds issued hereunder and interest paid
2400thereon, and all fees, charges, and other revenues derived by
2401the district from the projects provided for by this act shall be
2402exempt from all taxes by the state or by any political
2403subdivision, agency, or instrumentality thereof, provided,
2404however, that nothing in this act shall be deemed to exempt from
2405taxation any property, project, facility, business activity, or
2406enterprise that cannot validly be undertaken as a public
2407function by special taxing districts or other public bodies
2408under the laws of the state and State Constitution, and provided
2409further, that nothing in this act shall be deemed to exempt any
2410property, project, facility, or business activity or enterprise
2411of the district, or revenues derived therefrom, which would be
2412subject to taxation under the general laws of the state if such
2413property, project, or facility were owned or undertaken by a
2414municipal corporation.
2415     Section 52.  Suits against the district.--No suit or action
2416shall be brought or maintained against the district for damages
2417arising out of tort or breach of contract, including, without
2418limitation, any claim arising upon account of an act causing a
2419wrongful death, unless written notice of such claim is within 90
2420days after receiving the alleged injury given to the secretary
2421of the board of supervisors, with detailed specifications as to
2422the time, place, and manner of injury. No such suit or action
2423shall be brought or maintained unless brought within 12 months
2424from the time of the injury or damages.
2425     Section 53.  Action taken on consent of landowners.--Any
2426action required under this act to be taken on notice to the
2427landowners of the district and on public hearing for the purpose
2428of receiving and passing on objections by landowners may be
2429taken without such notice or hearing upon the written consent of
2430all of the landowners affected by such action.
2431     Section 54.  Enforcement and penalties.--
2432     (1)  The board of supervisors or any aggrieved person may
2433have recourse to such remedies in law and equity as may be
2434necessary to ensure compliance with the provisions of this act,
2435including injunctive relief to enjoin or restrain any person
2436violating the provisions of this act, and any resolutions,
2437regulations, rules, codes, and orders adopted under this act,
2438and the court shall, upon proof of such violation, have the duty
2439to issue forthwith such temporary and permanent injunctions as
2440are necessary to prevent such further violation thereof. In case
2441any building or structure is erected, constructed,
2442reconstructed, altered, repaired, converted, or maintained, or
2443any building, structure, land, or water is used in violation of
2444this act or of any code, order, resolution, or other regulation
2445made under authority conferred by this act or under law, the
2446board of supervisors and any person residing in the district may
2447institute any appropriate action or proceeding to prevent such
2448unlawful erection, construction, reconstruction, alteration,
2449repair, conversion, maintenance, or use to restrain, correct, or
2450avoid such violation, to prevent the occupancy of such building,
2451structure, land, or water, and to prevent any illegal act,
2452conduct, business, or use in or about such premises, land, or
2453water.
2454     (2)  Any person violating the provisions of this act or who
2455shall fail to abide by and obey any of the resolutions,
2456regulations, rules, codes and orders adopted under this act
2457shall be guilty of a misdemeanor. Each day that the violation
2458shall continue shall constitute a separate violation.
2459     (3)  It shall be unlawful and a misdemeanor for the owner
2460of any land subject to this act, or his or her agent, or other
2461persons, to advocate, propose, suggest, use or exhibit a map,
2462plat, survey or plan of subdivision or development of land
2463except in conformity with this act and the rules and regulations
2464of the board of supervisors.
2465     Section 55.  Investment of funds.--The board of supervisors
2466may in its discretion invest funds of the district in:
2467     (1)  Direct obligations of or obligations guaranteed by the
2468United States of America or for the payment of the principal and
2469interest of which the faith and credit of the United States is
2470pledged;
2471     (2)  Bonds or notes issued by any of the following federal
2472agencies: Bank for Cooperatives; federal intermediate credit
2473banks; federal home loan bank system; federal land banks; or the
2474Federal National Mortgage Association including debentures or
2475participating certificates issued by such association;
2476     (3)  Public housing bonds issued by public housing
2477authorities and secured by a pledge of annual contributions
2478under an annual contribution contract or contracts with the
2479United States of America;
2480     (4)  Bonds or other interest bearing obligations of any
2481county, district, city, or town located in the state for which
2482the full faith and credit of such political subdivision is
2483pledged; or
2484     (5)  Any investment authorized for insurers by sections
2485625.0105 through 625.0115, Florida Statutes, inclusive, and
2486amendments thereto.
2487     Section 56.  Fiscal year of the district.--The board of
2488supervisors has the power to establish and from time to time
2489redetermine the fiscal year of the district. Unless the board of
2490supervisors otherwise provides, the district shall be on a
2491calendar fiscal year.
2492     Section 57.  Severability of provisions.--If any section,
2493clause, sentence, or provision of this act, or the application
2494of such section, clause, sentence, or provision to any person or
2495bodies or under any circumstances shall be held to be
2496inoperative, invalid, or unconstitutional, the invalidity of
2497such section, clause, sentence, or provision shall not be
2498deemed, held or taken to affect the validity or
2499constitutionality of any of the remaining parts of this act, or
2500the application of any of the provisions of this act to persons,
2501bodies, or in circumstances other than those as to which it or
2502any part thereof shall have been held inoperative, invalid, or
2503unconstitutional, and it is intended that this act shall be
2504construed and applied as if any section, clause, sentence, or
2505provision held inoperative, invalid, or unconstitutional had not
2506been included in this act.
2507     Section 58.  Liberal construction.--The provisions of this
2508act shall be liberally construed to effect its purposes and
2509shall be deemed cumulative, supplemental, and alternative
2510authority for the exercise of the powers provided herein.
2511     Section 59.  This act shall take effect upon becoming a
2512law, except that the provisions of section 21 which authorize
2513the levy of ad valorem taxation shall take effect only upon
2514express approval by a majority vote of those qualified electors
2515of the Scripps Research Improvement District voting in a
2516referendum election to be called by the district and held within
251760 days of this act becoming a law in accordance with the
2518provisions of law relating to elections currently in force in
2519the district.


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