HB 0225

1	A bill to be entitled
2	An act relating to the Florida Keys Aqueduct Authority,
3	Monroe County; providing for codification of special laws
4	relating to the Florida Keys Aqueduct Authority; providing
5	legislative intent; codifying, repealing, amending, and
6	reenacting chapters 76-441, 77-604, 77-605, 80-546, 83-
7	468, 84-483, 84-484, 86-419, 87-454, 98-519, 2003-304, and
8	2003-327, Laws of Florida; providing for liberal
9	construction; providing a savings clause in the event any
10	provision of the act is deemed invalid; providing an
11	effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Pursuant to section 189.429, Florida Statutes,
16	this act constitutes the codification of all special acts
17	relating to the Florida Keys Aqueduct Authority.  It is the
18	intent of the Legislature in enacting this law to provide a
19	single, comprehensive special act charter for the authority,
20	including all current legislative authority granted to the
21	authority by its several legislative enactments and any
22	additional authority granted by this act.  It is further the
23	intent to preserve all authority powers and authority in the
24	Florida Keys, including the authority to provide water and
25	wastewater services.
26	Section 2.  Chapters 76-441, 77-604, 77-605, 80-546, 83-
27	468, 84-483, 84-484, 86-419, 98-519, 2003-304, and 2003-327,
28	Laws of Florida, relating to the Florida Keys Aqueduct
29	Authority, are codified, reenacted, amended, and repealed as
30	herein provided.
31	Section 3.  The Florida Keys Aqueduct Authority is re-
32	created and the charter for the authority is re-created and
33	reenacted to read:
34	Section 1.  Creation of authority; boundaries defined.--As
35	of September 15, 1976, the Florida Keys Aqueduct Authority, an
36	independent special district, was re-created and thereafter was
37	the successor agency to the Florida Keys Aqueduct Authority
38	which was abolished by chapter 76-441, Laws of Florida.  The
39	Florida Keys Aqueduct Authority is not being re-created by this
40	act or for purposes of section 189.404, Florida Statutes.  The
41	primary purpose and function of this authority shall be to
42	obtain, supply, and distribute an adequate water supply for the
43	Florida Keys and to collect, treat, and dispose of wastewater in
44	the Florida Keys. The geographic jurisdiction of the authority
45	shall be as provided in this act. The Florida Keys Aqueduct
46	Authority shall be an autonomous public body corporate and
47	politic and have perpetual existence. All lawful debts, bonds,
48	obligations, contracts, franchises, promissory notes, audits,
49	minutes, resolutions, and other undertakings of the Florida Keys
50	Aqueduct Authority are hereby validated and shall continue to be
51	valid and binding on the Florida Keys Aqueduct Authority in
52	accordance with their respective terms, conditions, covenants,
53	and tenor. Any proceedings heretofore begun by the Florida Keys
54	Aqueduct Authority for the construction of any improvements,
55	works, or facilities, for the assessment of benefits and
56	damages, or for the borrowing of money shall not be impaired or
57	voided by this act but may be continued and completed in the
58	name of the Florida Keys Aqueduct Authority. The authority shall
59	include within its territorial boundaries all of the lands
60	within Monroe County, but may procure water outside its
61	boundaries for sale within said boundaries, and may serve
62	customers residing within 1 mile of its pipeline, from its well
63	field at Florida City in Miami-Dade County to the territorial
64	boundary of the authority.
65	Section 2.  Applicability of certain provisions of Florida
66	law to the Florida Keys Aqueduct Authority.--This act shall give
67	the authority exclusive jurisdiction over the setting of rates,
68	fees, and charges of, and the connection to and disconnection
69	from, the water system and the sewer system of the authority as
70	granted by this act and to this extent shall supersede chapter
71	367, Florida Statutes. Decisions made by the Florida Keys
72	Aqueduct Authority shall not be subject to the Administrative
73	Procedures Act, chapter 120, Florida Statutes.
74	Section 3.  Definitions.--Unless the context shall indicate
75	otherwise, the following words as used in this act shall have
76	the following meanings:
77	(1)  "Authority" means the Florida Keys Aqueduct Authority
78	hereby constituted or, if such authority shall be abolished, any
79	board, commission, or officer succeeding to the principal
80	functions thereof or upon whom the powers given by this act to
81	such authority shall be given by law.
82	(2)  "Board" means the board of directors of the Florida
83	Keys Aqueduct Authority or, if such authority shall be abolished,
84	the board, body, or commission succeeding to the principal
85	functions thereof or to whom the powers given by this act to the
86	board of directors shall be given by law.
87	(3)  "Department" means the Department of the Navy of the
88	United States of America.
89	(4)  "Bond" includes certificates, and provisions applicable
90	to bonds shall be equally applicable to certificates. "Bond"
91	includes any obligation in the nature of bonds as are provided
92	for in this act as the case may be.
93	(5)  "Cost" when used with reference to any project
94	includes, but is not limited to, the expenses of determining the
95	feasibility or practicability of acquisition, construction, or
96	reconstruction; the cost of surveys, estimates, plans, and
97	specifications; the cost of acquisition, construction, or
98	reconstruction; the cost of improvements, engineering, fiscal,
99	and legal expenses and charges; the cost of all labor, materials,
100	machinery, and equipment; the cost of all lands, properties,
101	rights, easements, and franchises acquired; federal, state, and
102	local taxes and assessments; financing charges; the creation of
103	initial reserve and debt service funds; working capital; interest
104	charges incurred or estimated to be incurred on moneys borrowed
105	prior to and during construction and acquisition and for such
106	period of time after completion of construction or acquisition as
107	the board of directors may determine; the cost of issuance of
108	bonds pursuant to this act, including advertisements and
109	printing; the cost of any election held pursuant to this act and
110	all other expenses of issuance of bonds; discount, if any, on the
111	sale or exchange of bonds; administrative expenses; such other
112	expenses as may be necessary or incidental to the acquisition,
113	construction, or reconstruction of any projects or to the
114	financing thereof, or the development of any lands of the
115	authority; and reimbursement of any public or private body,
116	person, firm, or corporation of any moneys advanced in connection
117	with any of the foregoing items of cost. Any obligation or
118	expense incurred prior to the issuance of bonds in connection
119	with the acquisition, construction, or reconstruction of any
120	project or improvements thereon, or in connection with any other
121	development of land that the board of directors of the authority
122	shall determine to be necessary or desirable in carrying out the
123	purposes of this act, may be treated as part of such cost.
124	(6)  "Project" means any development, improvements,
125	property, utility, facility, works, enterprise, service, or
126	convenience that the authority is authorized to construct,
127	acquire, undertake, or furnish for its own use or for the use of
128	any person, firm, or corporation owning, leasing, or otherwise
129	using the same for any profit or nonprofit purpose or activity
130	and shall include without limitation such repairs, replacements,
131	additions, extensions, and betterments of and to any project as
132	may be deemed necessary or desirable by the board of directors to
133	place or to maintain such project in proper condition for the
134	safe, efficient, and economic operation thereof.
135	(7)  "Water system" means any existing or proposed plant,
136	system, facility, or property and additions, extensions, and
137	improvements thereto at any future time constructed or acquired
138	as part thereof, useful or necessary or having the present
139	capacity for future use in connection with the development of
140	sources, treatment, desalination, or purification and
141	distribution of water for public or private use and, without
142	limiting the generality of the foregoing, includes dams,
143	reservoirs, storage tanks, mains, lines, valves, pumping
144	stations, laterals, and pipes for the purpose of carrying water
145	to the premises connected with such system, and all real and
146	personal property and any interests therein, rights, easements,
147	and franchises of any nature whatsoever relating to any such
148	system and necessary or convenient for the operation thereof. It
149	shall embrace wells for supplying water located or to be located
150	on the Florida mainland, including a pipeline or aqueduct from
151	such wells to a point at or near the City of Key West, and shall
152	include the water distribution system acquired by the authority
153	from the City of Key West, and any interest the authority may
154	have in and to the water supply system or any part thereof by
155	contract with the department.
156	(8)  "Sewer system" means any plant, system, facility, or
157	property and additions, extensions, and improvements thereto at
158	any future time constructed or acquired as part thereof, useful
159	or necessary or having the present capacity for future use in
160	connection with the collection, treatment, purification, or
161	disposal of sewage, including, without limitation, industrial
162	wastes resulting from any processes of industry, manufacture,
163	trade, or business or from the development of any natural
164	resources, and, without limiting the generality of the foregoing,
165	shall include treatment plants, pumping stations, lift stations,
166	valve, force mains, intercepting sewers, laterals, pressure
167	lines, mains, and all necessary appurtenances and equipment, all
168	sewer mains, laterals, and other devices for the reception and
169	collection of sewage from premises connected therewith, and all
170	real and personal property and any interest therein, rights,
171	easements, and franchises of any nature whatsoever relating to
172	any such system and necessary or convenient for the operation
173	thereof. The terms "wastewater" and "wastewater system" shall be
174	construed as synonymous with the terms "sewer" and "sewer system"
175	for all purposes under this act.
176	Section 4.  Board of directors; organization;
177	qualification; term of office; quorum.--The Board of Directors
178	of the Florida Keys Aqueduct Authority shall be the governing
179	body of the authority and shall, subject to the provisions of
180	this act, exercise the powers granted to the authority under
181	this act. The board of directors shall consist of five members
182	appointed by the Governor who shall each represent one of five
183	districts which shall be conterminous with the districts of the
184	Board of County Commissioners of Monroe County. Each member of
185	the board of directors shall be a registered elector within
186	Monroe County and shall have been a resident of the district for
187	6 months prior to the date of his or her appointment. The
188	members shall be appointed by the Governor for terms of 4 years
189	each, except that any appointment to fill a vacancy shall be for
190	the unexpired portion of the term. The board shall elect any one
191	of its members as chair and shall also elect any one of its
192	members as secretary-treasurer. A majority of the members of the
193	board shall constitute a quorum. No vacancy in the board shall
194	impair the right of a quorum to exercise all the rights and
195	perform all of the duties of the board. All members of the board
196	shall be required to be bonded. Any vacancy occurring on the
197	board shall be filled by appointment by the Governor for the
198	duration of the unexpired term.
199	Section 5.  Records of board of directors.--The board of
200	directors shall keep a permanent record book entitled "Record of
201	Governing Board of Florida Keys Aqueduct Authority" in which
202	shall be recorded minutes of all meetings, resolutions,
203	proceedings, certificates, and bonds given by employees and any
204	and all acts, which book shall at reasonable times be open to
205	public inspection. Such record book shall be kept at an office or
206	other regular place of business maintained by the board of
207	directors in Monroe County. The board shall keep a current
208	inventory of all real and tangible personal property owned or
209	leased by the authority in the above referenced record book.
210	Section 6.  Compensation of the board.--Each member shall
211	be entitled to receive for such services a fee of $337 per
212	meeting, not to exceed 3 meetings per month. In addition, each
213	board member shall receive reasonable expenses which shall not
214	be in excess of the amounts provided by law for state and county
215	officials in chapter 112, Florida Statutes. The compensation
216	amount for the members of the board provided for in this section
217	shall be adjusted annually based upon the index provided for
218	pursuant to section 287.017(2), Florida Statutes.
219	Section 7.  Bonds; depositories; fiscal agent; budget.--
220	(1)  Each member of the board of directors shall execute a
221	bond to the Governor in the amount of $10,000 with a qualified
222	surety to secure his or her faithful performance of his or her
223	powers and duties. The board of directors shall require a
224	certified audit of the books of the authority at least once a
225	year at the expense of the authority. Such audit shall be
226	available for public inspection and a notice of the availability
227	of the audit shall be published in a newspaper published in
228	Monroe County at least once within 6 months after the end of each
229	fiscal year. The legislative auditor may audit the authority at
230	any time.
231	(2)  The board of directors is authorized to select
232	depositories in which the funds of the board and of the authority
233	shall be deposited. Any banking corporation organized under the
234	laws of the state or under the National Banking Act doing
235	business in the state upon such terms and conditions as to the
236	payment of interest by such depository upon the funds so
237	deposited as the board may deem just and reasonable.
238	(3)  The board of directors may employ a fiscal agent who
239	shall be either a resident of the state or a corporation
240	organized under the laws of this or any other state and who shall
241	assist in the keeping of the books, the collection of fees, and
242	the remitting of funds to pay maturing bonds and coupons and
243	perform such other or additional services and duties as fiscal
244	agent and receive such compensation as the board of directors may
245	determine.
246	(4)  The board of directors shall cause a copy of the
247	proposed budget of the authority to be published in a newspaper
248	published in Monroe County at least once not later than 60 days
249	prior to the date the fiscal year begins. The board shall hold a
250	public hearing and adopt such budget at least 30 days prior to
251	such date.
252	Section 8.  Powers and duties of the board of
253	directors.--Except as otherwise provided in this act, all of the
254	powers and duties of the authority shall be exercised by and
255	through the board of directors. Without limiting the generality
256	of the foregoing, the board shall have the power and authority
257	to:
258	(1)  Employ engineers, contractors, consultants, attorneys,
259	auditors, agents, employees, and representatives, as the board of
260	directors may from time to time determine, on such terms and
261	conditions as the board of directors may approve, and fix their
262	compensation and duties.
263	(2)  Maintain an office at such place or places as it may
264	designate.
265	(3)  Enter or direct entry upon any lands, premises, waters,
266	or other property subject to the requirements of due process as
267	to privately owned property.
268	(4)  Execute all contracts and other documents, adopt all
269	proceedings, and perform all acts determined by the board of
270	directors as necessary or advisable to carry out the purposes of
271	this act. The board may authorize the chair or vice chair to
272	execute contracts and other documents on behalf of the board or
273	the authority. The board may appoint a person to act as general
274	manager of the authority having such official title, functions,
275	duties, and powers as the board may prescribe. The general
276	manager shall not be a member of the board.
277	Section 9.  Powers of the authority.--In addition to and
278	not in limitation of the powers of the authority, it shall have
279	the following powers:
280	(1)  To sue and be sued by its name in any court of law or
281	in equity.
282	(2)  To adopt and use a corporate seal and to alter the same
283	at pleasure.
284	(3)  To acquire property, real, personal, or mixed within or
285	without its territorial limits in fee simple or any lesser
286	interest or estate by purchase, gift, devise, or lease on such
287	terms and conditions as the board of directors may deem necessary
288	or desirable and by condemnation (subject to limitations herein
289	below). The authority shall provide information and assistance to
290	Monroe County for use in preparing its comprehensive plan with
291	respect to the availability of water and wastewater facilities.
292	Except in cases of emergency, the purchase of sole source items,
293	or when the board determines that delay would be detrimental to
294	the interests of the authority, equipment shall be purchased in
295	accordance with part I of chapter 287, Florida Statutes. All
296	provided that the board of directors determines that the use or
297	ownership of such property be necessary in the furtherance of a
298	designated lawful purpose authorized under the provisions of this
299	act. However, the authority may purchase equipment or material
300	without competitive bid, regardless of price, when the
301	manufacturer of such equipment or material refuses to bid on the
302	equipment or material and the board determines that the public
303	interest would be served and substantial savings would result if
304	the equipment or material were purchased directly from the
305	manufacturer. In all such cases the board shall enter a record of
306	such purchase in the "Record of Governing Board of Florida Keys
307	Aqueduct Authority." The authority is specifically excluded from
308	the provisions of section 253.03(6), Florida Statutes, and has
309	the authority to hold title to property in its own name and to
310	acquire easements or rights-of-way, with or without restrictions,
311	within or without the limits of the authority. The state may
312	convey to the authority rights-of-way over any of the lands and
313	structures belonging to the state or any of its agencies for the
314	purpose of constructing, maintaining, supplying, establishing,
315	and regulating the works and projects involved in the wastewater
316	system or the water supply and distribution systems authorized by
317	this act. To mortgage, hold, manage, control, convey, lease,
318	sell, grant, or otherwise dispose of the same and any of the
319	assets and properties of the authority without regard to chapter
320	273, Florida Statutes.
321	(4)  Whenever deemed necessary or desirable by the board of
322	directors, to lease as lessor or lessee, to or from any person,
323	firm, corporation, association, or body, public or private, any
324	projects of the type that the authority is authorized to
325	undertake and facilities or property of any nature for the use of
326	the authority to carry out any of the purposes of the authority.
327	(5)  The authority shall in its discretion have the power
328	upon resolution duly passed to insure its property in accordance
329	with the State Risk Management Trust Fund as provided by chapter
330	284, Florida Statutes.
331	(6)  To exercise within or without the territorial limits of
332	the authority the right and power of eminent domain in all cases
333	and under all circumstances provided for in chapter 73, Florida
334	Statutes, and amendments thereto. In addition to and not in
335	limitation of the foregoing, the authority may also exercise the
336	right and power of eminent domain for the purpose of condemning
337	any real, personal, or mixed property, public or private,
338	including, without limitation, the property owned by any
339	political body or municipal corporation which the board of
340	directors shall deem necessary for the use of, construction, or
341	operation of any of the projects of the authority or otherwise to
342	carry out any of the purposes of the authority. The power of
343	condemnation shall be exercised in the same manner as now
344	provided by the general laws of the state. In any proceeding
345	under this act or under chapter 73, Florida Statutes, for the
346	taking of property by eminent domain or condemnation, the board
347	of directors is authorized to file declaration of taking
348	immediate possession of the property before the final trial by
349	making deposit as to value as provided by the general statutes,
350	and shall have all of the benefits provided by chapters 73 and
351	74, Florida Statutes, and amendments thereto, or any other
352	statutes of the state which give the right to immediate taking
353	and possession. No public or private body and no agency or
354	authority of the state or any political subdivision thereof shall
355	exercise the power of eminent domain or condemnation with respect
356	to any of the properties, easements, or rights owned by the
357	authority and lying within the authority's jurisdiction, except
358	with the concurrence of the board of directors of the authority
359	which shall not be unreasonably withheld.
360	(7)  To own, acquire, construct, reconstruct, equip,
361	operate, maintain, extend, and improve water systems; to regulate
362	the use of and supply of water including rationing, and
363	regulations to enforce rationing, within the authority
364	boundaries, and pipes and water mains, conduits or pipelines, in,
365	along, or under any street, alley, highway, or other public
366	places or ways within or without the boundaries of the authority
367	when deemed necessary or desirable by the board of directors in
368	accomplishing the purposes of this act.
369	(8)  To issue bonds or other obligations authorized by the
370	provisions of this act or any other law or any combination of the
371	foregoing to pay all or part of the cost of the acquisition or
372	construction, reconstruction, extension, repair, improvement,
373	maintenance, or operation or any project or combination of
374	projects. To provide for any facility, service, or other activity
375	of the authority and to provide for the retirement or refunding
376	of any bonds or obligations of the authority or for any
377	combination of the foregoing purposes.
378	(9)(a)  To purchase, construct, and otherwise acquire and to
379	improve, extend, enlarge, and reconstruct a sewage disposal
380	system or systems and to purchase and/or construct or reconstruct
381	sewer improvements and to operate, manage, and control all such
382	systems so purchased and/or constructed and all properties
383	pertaining thereto and to furnish and supply sewage collection
384	and disposal services to any municipalities and any persons,
385	firms, or corporations, public or private; to prohibit or
386	regulate the use and maintenance of outhouses, privies, septic
387	tanks, or other sanitary structures or appliances within the
388	authority boundaries, provided that prior to prohibiting the use
389	of any such facilities adequate new facilities must be available;
390	to prescribe methods of pretreatment of waste not amenable to
391	treatment; to refuse to accept such waste when not sufficiently
392	pretreated as may be prescribed and to prescribe penalties for
393	the refusal of any person or corporation to so pretreat such
394	waste; to sell or otherwise dispose of the effluent, sludge, or
395	other by-products as a result of sewage treatment and to
396	construct and operate connecting or intercepting outlets, sewers
397	and sewer mains and pipes and water mains, conduits, or pipelines
398	in, along, or under any street, alley, or highway, within or
399	without the authority boundaries when deemed necessary or
400	desirable by the board of directors in accomplishing the purposes
401	of this act, with the consent of the agency owning or controlling
402	same. All such regulation herein authorized shall comply with the
403	standards and regulations pertaining to same as promulgated by
404	the Department of Health and by the Department of Environmental
405	Protection.
406	(b)  The authority shall have the power to create sewer
407	districts comprising any area within the geographic boundaries of
408	the authority. However, the boundaries of any such sewer district
409	shall not be established until approved by majority vote of the
410	Board of County Commissioners of Monroe County, after a public
411	hearing duly noticed and advertised. Any portion or portions of
412	the sewer system within a district and of benefit to the premises
413	or land served thereby shall be deemed improvements and shall
414	include, without being limited to, laterals and mains for the
415	collection and reception of sewage from premises connected
416	therewith, local or auxiliary pumping or lift stations, treatment
417	plants or disposal plants, and other pertinent facilities and
418	equipment for the collection, treatment, and disposal of sewage.
419	The board may impose fees and charges sufficient to obtain bond
420	or other financing for sewer projects. Such charges shall be a
421	lien upon any such parcel of property superior and paramount to
422	any interest except the lien of county or municipal taxes and
423	shall be on a parity with any such taxes. All operational and
424	financial records of each district shall be separately maintained
425	and open to public inspection.
426	(c)  To exercise exclusive jurisdiction, control, and
427	supervision over any sewer systems owned or operated and
428	maintained by the authority and to make and enforce such rules
429	and regulations for the maintenance and operation of any sewer
430	systems as may be in the judgment of the authority necessary or
431	desirable. However, such jurisdiction shall not conflict with
432	chapter 403, Florida Statutes, and rules of the Department of
433	Environmental Protection.
434	(d)  To restrain, enjoin, or otherwise prevent the violation
435	of this law or of any resolution, rules, or regulations adopted
436	pursuant to the powers granted by this law.
437	(e)  To require and enforce the use of its facilities
438	whenever and wherever they are accessible.
439	(f)  To approve or disapprove all subdivision plats and to
440	provide for compliance with sewer standards, rules, and
441	regulations. No subdivision plat or property located within the
442	geographic boundaries of the authority shall be recorded until
443	approval of the board is obtained. The board shall have the power
444	to require a surety bond from any developer to ensure compliance
445	with sewer requirements of the board.
446	(g)  In addition to the other provisions and requirements of
447	this law, any resolution authorizing the issuance of revenue
448	bonds, assessment bonds, or any other obligations issued
449	hereunder may contain provisions and the board is authorized to
450	provide and make covenants and agree with several holders of such
451	bonds as to:
452	1.  Reasonable deposits with the authority in advance to
453	ensure the payments of rates, fees, or charges for the facilities
454	of the system.
455	2.  Discontinuance of the services and facilities of any
456	water system for delinquent payments for sewer services and the
457	terms and conditions of the restoration of such service.
458	3.  Contracts with private or public owners of sewer systems
459	not owned and operated by the authority for the discontinuance of
460	service to any users of the sewer systems.
461	4.  Regulate the construction, acquisition, or operation of
462	any plant, structure, facility, or property which may compete
463	with any sewer system.
464	5.  The manner and method of paying service charges and fees
465	and the levying of penalties for delinquent payments.
466	6.  Any other matters necessary to secure such bonds and the
467	payment of such principal and interest thereof.
468	(h)  In the event that fees, rates, and charges for services
469	and facilities of any sewer system shall not be paid as and when
470	due, the authority shall be empowered to discontinue furnishing
471	water services as provided in section 16 of this act.
472	(i)  Any sewer systems within the geographic boundaries of
473	the authority may be combined into a single consolidated system
474	for purposes of financing or of operation and administration or
475	both. However, no water system may be combined with any sewer
476	system for purposes of financing.
477	(j)  The authority is hereby authorized to adopt by
478	reference and utilize or take advantage of any of the provisions
479	of chapters 100, 153, 159, and 170, Florida Statutes.
480	(k)  The authority shall have power to contract with any
481	person, private or public corporation, the State of Florida, or
482	any agency, instrumentality or county, municipality, or political
483	subdivision thereof, or any agency, instrumentality or
484	corporation of or created by the United States of America, with
485	respect to such wastewater system or any part thereof.  The
486	authority shall also have power to accept and receive grants or
487	loans from the same, and in connection with any such contract,
488	grant or loan, to stipulate and agree to such covenants, terms,
489	and conditions as the governing body of the authority shall deem
490	appropriate.
491	(l)  To make or cause to be made such surveys,
492	investigations, studies, borings, maps, drawings, and estimates
493	of cost and revenues as it may deem necessary, and to prepare and
494	adopt a comprehensive plan or plans for the location, relocation,
495	construction, improvement, revision and development of the
496	wastewater system.
497	(m)  That subject to covenants or agreement with bondholders
498	contained in proceedings authorizing the issuance of bonds
499	pursuant to this act, the authority shall have the power to lease
500	said wastewater system or any part or parts thereof, to any
501	person, firm, corporation, association, or body, upon such terms
502	and conditions and for such periods of time as shall be
503	determined by the governing body.  The authority shall also,
504	whenever desirable, have power to grant permits or licenses in
505	connection with any of the facilities of such wastewater system,
506	and shall have full and complete power to do all things necessary
507	and desirable for the proper and efficient administration and
508	operation of such wastewater system and all parts thereof.  The
509	authority shall also have power, whenever deemed necessary or
510	desirable and subject to covenants and agreements with
511	bondholders, to lease from any person, firm, corporation,
512	association, or body, any facilities of any nature for such
513	wastewater system.
514	(n)  That charges shall be levied by the authority against
515	its own books or against Monroe County with respect to providing
516	any facilities or services rendered by such wastewater system to
517	the authority or to Monroe County or to any other political
518	subdivision or public body or agency which receives wastewater
519	system services, or to any department or works thereof, at the
520	rate or rates applicable to other customers or users taking
521	facilities or services under similar conditions.  Revenues
522	derived from such facilities or services so furnished shall be
523	treated as all other revenues of the wastewater system.
524	(o)  Neither Monroe County, nor any municipality or special
525	district therein, shall exercise any present or future power,
526	pursuant to law, to interfere with the authority's jurisdiction
527	and operation of the wastewater system in such a manner as to
528	impair or adversely affect the covenants and obligations of the
529	authority under agreement relating to its bonds or other debts.
530	(p)  The authority shall have exclusive jurisdiction over
531	the administration, maintenance, development, and provision of
532	wastewater system services in Monroe County with the exception of
533	the Key Largo Wastewater Treatment District as defined in chapter
534	2002-337, Laws of Florida, consisting of Key Largo, including all
535	lands east of Tavernier Creek, including Tavernier, Key Largo,
536	and Cross Key, but excluding Ocean Reef, the City of Key West,
537	the City of Key Colony Beach, the City of Layton, and Islamorada,
538	Village of Islands unless such areas shall choose to grant the
539	authority such jurisdiction, and the authority's wastewater
540	system authorized hereunder shall be the exclusive provider of
541	wastewater system services and no franchise or grant of power to
542	any other entity or provider shall be lawful unless preapproved
543	by the authority. The authority shall have the power to regulate
544	the use of, including prohibiting the use of or mandating the use
545	of, specific types of wastewater facilities and, notwithstanding
546	any other provisions hereof, shall be authorized to prescribe the
547	specific type of wastewater treatment facility or measures
548	required to be utilized within the boundaries of the authority,
549	including, but not limited to, requiring the use of septic tanks
550	in lieu of cess pits, the mandatory hook up to specific
551	wastewater treatment plants, requiring upgrades be undertaken to
552	on site wastewater systems, and any other combination of the
553	foregoing in order to manage effluent disposal and wastewater
554	matters.
555	(10)  In addition to the powers specifically provided in
556	this chapter, the authority shall have the power to own, acquire,
557	construct, reconstruct, equip, operate, maintain, extend, and
558	improve such other related projects as the board of directors may
559	in its discretion find necessary or desirable to accomplish the
560	primary purpose of this act which is to supply water and sewer
561	services and facilities to the Florida Keys. The authority is
562	hereby authorized to adopt by reference and utilize or take
563	advantage of any of the relevant provisions of chapter 100,
564	chapter 153, chapter 159, or chapter 170, Florida Statutes.
565	Section 10.  Rules.--Upon reasonable advance notice to the
566	public and an opportunity for all persons to be heard on the
567	matter, the board shall adopt bylaws, rules, resolutions,
568	regulations, and orders prescribing the powers, duties, and
569	functions of the members of the board and employees of the
570	authority, the conduct of the business of the authority, the
571	maintenance of records of the authority, and shall adopt
572	administrative rules and regulations with respect to any of the
573	projects of the authority.
574	Section 11.  Exercise by authority of powers within
575	municipalities.--The authority shall have the power to exercise
576	any of its rights, powers, privileges, and authorities in any
577	and all portions of the geographical limits of the authority
578	lying within the boundaries of any municipal corporation or
579	other political subdivision, heretofore or hereafter created or
580	organized, whose boundaries lie wholly or partly within the
581	geographic limits of the authority, to the same extent and in
582	the same manner as in areas of the authority not incorporated as
583	part of a municipality or other political subdivision.
584	Section 12.  Furnishing facilities and services within the
585	authority territory.--
586	(1)  The authority shall have the power to construct,
587	maintain, and operate its projects within the geographic limits
588	of the authority, including any portions of the authority located
589	inside the boundaries of any incorporated municipalities or other
590	political subdivisions and to offer, supply, and furnish the
591	facilities and services provided for in this act.
592	(2)  The authority shall have the power to collect fees,
593	rentals, and other charges from persons, firms, corporations,
594	municipalities, counties, the Federal Government, the department,
595	political subdivisions, and other public or private agencies or
596	bodies within the geographic limits of the authority and for the
597	use of the authority itself.
598	Section 13.  Maintenance of projects across rights-of-
599	way.--The authority shall have the power to construct and
600	operate its projects in, along, or under any streets, alleys,
601	highways, or other public places or ways, and across any drain,
602	ditch, canal, floodwater, holding basin, excavation, railroad
603	right-of-way, track, grade, fill, or cut. However, just
604	compensation shall be paid by the authority for any private
605	property taken or damaged by the exercise of such power.
606	Section 14.  Fees, rentals, and charges; procedure for
607	adoption and modification; minimum revenue requirements.--
608	(1)  The authority shall have the power to prescribe, fix,
609	establish, and collect rates, fees, rentals, or other charges
610	(hereinafter sometimes referred to as revenue) and to revise the
611	same from time to time for the facilities and services furnished
612	or to be furnished by the authority and to provide for reasonable
613	penalties against any user for any such rates, fees, rentals, or
614	other charges that are delinquent.
615	(2)  Such rates, fees, rentals, and charges shall be just
616	and equitable and, except as provided herein, uniform for users
617	of the same class and, where appropriate, may be based or
618	computed either upon the amount of service furnished or upon the
619	number or average number of persons working or residing or
620	working or otherwise occupying the premises served or upon any
621	other factor affecting the use of the facilities furnished, or
622	upon any combination of the foregoing factors as may be
623	determined by the board of directors on an equitable basis.  The
624	authority may prescribe, fix, and establish a special lower rate,
625	fee, rental, or other charge on the residential account of any
626	person who is 60 years of age or older or a totally and
627	permanently disabled American veteran on the date of application,
628	who meets the low income standards adopted by the board and who
629	applies for such special lower rate, fee, rental, or other charge
630	between the months of January and December, inclusive, of each
631	year.  As used in this section "residential account" means an
632	account for a person residing in a house, mobile home,
633	condominium, apartment, or other housing unit.  The application
634	shall include the submission of an affidavit stating that the
635	applicant is 60 years of age or older or a totally and
636	permanently disabled American veteran . The submission of the
637	affidavit shall be prima facie evidence of the applicant's age or
638	disability.  The application shall also include the annual income
639	of the applicant.
640	(3)  The rates, fees, rentals, or other charges prescribed
641	shall be such as will produce revenues at least sufficient to
642	provide for the items hereinafter listed but not necessarily in
643	the order stated:
644	(a)  To provide for all costs, expenses of operation, and
645	maintenance of such facility or service for such purpose.
646	(b)  To pay, when due, all bonds and interest thereon for
647	the payment of which such revenues are or shall have been pledged
648	or encumbered, including reserves for such purposes.
649	(c)  To provide for any other funds which may be required on
650	the resolution or resolutions authorizing issuance of bonds
651	pursuant to this act.
652	(4)  No rate, fee, rental, or other charge may be
653	established resulting in increased costs for service to the
654	customer nor may any rate, fee, rental, or other charge be
655	increased by the authority until a public hearing has been held
656	relating to the proposed increase in the City of Key West, and in
657	the Marathon and the upper Keys areas.  However, if the proposed
658	rule affects wastewater only in a single wastewater district and
659	affects rates, fees, or other charges that could result in
660	increased costs of service to the customer, no rate, fee, rental,
661	or other charge may be increased by the authority until two
662	advertised public hearings have been held relating to the
663	proposed increase at a site convenient to the public located in
664	the district area.  Such public hearings shall not occur within
665	15 days of each other.
666	Section 15.  Recovery of delinquent charges.--In the event
667	that any of the rates, fees, rentals, charges, or delinquent
668	penalties shall not be paid as when due and shall be in default
669	for 30 days or more, the unpaid balance thereof and all interest
670	accrued thereon together with attorneys' fees and costs may be
671	recovered by the authority in a civil action and in accordance
672	with any covenant in any bond indenture of the authority.  The
673	board shall have the authority to impose a service charge in
674	accordance with section 832.07(1)(a), Florida Statutes upon the
675	maker or drawer of any check, draft, or order in payment of any
676	such rate, fee, rental, charge or delinquent penalty, for which
677	payment is refused by the drawee because of lack of funds or
678	credit.
679	Section 16.  Discontinuance of service.--In the event that
680	the fees, rentals, or other charges for the services and
681	facilities of any project are not paid when due, the board of
682	directors shall have the power to discontinue and shut off the
683	same until such fees, rentals, or other charges, including
684	interest, penalties, and charges for the shutting off or
685	discontinuance and the restoration of such services and
686	facilities, are fully paid, and for such purposes may enter on
687	any lands, waters, and premises of any person, firm,
688	corporation, or other body, public or private.  Such delinquent
689	fees, rentals, or other charges together with interest,
690	penalties, and charges for the shutting off and discontinuance
691	and the restoration of such services and facilities and
692	reasonable attorneys' fees and other expenses may be recovered
693	by the authority by suit in any court of competent jurisdiction.
694	The authority may also enforce payment of such delinquent fees,
695	rentals, or other charges by any other lawful method of
696	enforcement.
697	Section 17.  Remedies.--Any holder of bonds issued under
698	the provisions of this act or of any of the coupons appertaining
699	thereto, and the trustee under the trust indenture, if any,
700	except to the extent the rights herein given may be restricted
701	by resolution passed before the issuance of the bonds or by the
702	trust indenture, may, either at law or in equity, by suit,
703	action, mandamus, or other proceeding, protect and enforce any
704	and all rights under the laws of the State of Florida or granted
705	hereunder or under such resolution or trust indenture, and may
706	enforce or compel performance of all duties required by this act
707	or by such resolution or trust indenture to be performed by the
708	authority or any officer thereof, including the fixing,
709	charging, and collecting of rates and other charges for both
710	water furnished by the waterworks system and wastewater
711	treatment furnished by the wastewater system.
712	Section 18.  Receiver.--
713	(1)  In the event that the authority shall default in the
714	payment of the principal of or the interest on any of the bonds
715	as the same shall become due, whether at maturity or upon call
716	for redemption, and such default shall continue for a period of
717	45 days, or in the event that the authority or the officers,
718	agents, or employees of the authority shall fail or refuse to
719	comply with the provisions of this act or shall default in any
720	agreement made with the holders of the bonds, any holder of
721	bonds, subject to the provisions of the resolution authorizing
722	the same or the trust indenture, or the trustee therefor, shall
723	have the right to apply in any appropriate judicial proceeding to
724	the circuit court in any court of competent jurisdiction, for the
725	appointment of a receiver of the waterworks system, excluding
726	however, the aqueduct, whether or not all bonds shall have been
727	declared due and payable and whether or not such holder or
728	trustee is seeking or has sought to enforce any other right or to
729	exercise any other remedy in connection with such bonds, and,
730	upon such application, the court may appoint such receiver.
731	(2)  The receiver so appointed shall forthwith, directly or
732	by his agents and attorneys, enter into and upon and take
733	possession of such portion of the waterworks system and may
734	exclude the authority, its officers, agents, and employees and
735	all persons claiming under them, wholly therefrom and shall have,
736	hold, use, operate, manage, and control the same in the name of
737	the authority or otherwise, as the receiver may deem best, and
738	shall exercise all the rights and powers of the authority with
739	respect thereto as the authority itself might do.  Whenever all
740	defaults shall have been cured and made good, the court may, in
741	its discretion, and after such notice and hearing as it deems
742	reasonable and proper, direct the receiver to surrender
743	possession of such property to the authority.  The same right to
744	secure the appointment of a receiver shall exist upon any
745	subsequent default as hereinabove provided.
746	(3)  Notwithstanding anything in this section to the
747	contrary, any such receiver shall have no power to sell, assign,
748	mortgage, or otherwise dispose of any assets of whatever kind or
749	character belonging to the authority and useful for the
750	waterworks system, and the authority of any such receiver shall
751	be limited to the operation and maintenance of such portion of
752	the system as may be placed in receivership and no court shall
753	have jurisdiction to enter any order or decree requiring or
754	permitting such receiver to sell, mortgage, or otherwise dispose
755	of any such assets.
756	Section 19.  Agreements with public and private parties
757	concerning the furnishing of facilities and services.--The
758	authority shall have the power to enter into agreements with any
759	person, firm, or corporation, public or private, for the
760	furnishing by such person, firm, or corporation of any
761	facilities and services of the type provided for in this act to
762	the authority, and for or on behalf of the authority to persons,
763	firms, corporations, and other public or private bodies and
764	agencies to whom the authority is empowered under this act to
765	furnish facilities and services.
766	Section 20.  Exclusive jurisdiction of projects and
767	finances.--
768	(1)  The board of directors shall have exclusive
769	jurisdiction and control, except as otherwise provided herein and
770	as to the quality and manner of discharge of effluent, over the
771	projects of the authority without limitation as to expenditures
772	and appropriations except to the extent otherwise provided in
773	this act and to the extent that the board of directors may by
774	agreement with any other public or private body authorize the
775	same to exercise jurisdiction or control of any of the projects
776	of the authority. It shall not be necessary for the authority to
777	obtain any certificate of convenience or necessity, franchise,
778	license, permit, or authorization from any bureau, board,
779	commission, or like instrumentality of the state or any political
780	subdivision thereof in order to construct, reconstruct, acquire,
781	extend, repair, improve, maintain, or operate any project and the
782	rates, fees, or other charges to be fixed and collected with
783	respect to the facilities and service of the authority shall not
784	be subject to supervision, regulation, or the rate-setting power
785	of any bureau, board, commission, or other agency of the state or
786	any political subdivision thereof.
787	(2)  Except as otherwise provided in this act, the budget
788	and finances of the authority, including without limitation
789	expenditures and appropriations, and the exercise by the board of
790	directors of the powers herein provided, shall not be subject to
791	the requirements or limitations of chapter 216, Florida Statutes.
792	Section 21.  Revenue bonds.--
793	(1)  The authority shall have the power to issue revenue
794	bonds from time to time without limitation as to amount.  Such
795	revenue bonds may be secured by or payable from the gross amount
796	or net pledge of the revenues to be derived from any project or
797	combination of projects from the rates, fees, or other charges to
798	be collected from the users of any project or projects from any
799	revenue-producing undertaking or activity of the authority or
800	from any other source or pledged security.  Such bond shall not
801	constitute an indebtedness of the authority.
802	(2)  Any two or more projects may be combined and
803	consolidated into a single project and may thereafter be operated
804	and maintained as a single project.  The revenue bonds authorized
805	herein may be issued to finance any one or more such projects
806	separately or to finance two or more such projects regardless of
807	whether such projects have been combined and consolidated into a
808	single project.  If the board of directors deems it advisable,
809	the proceedings authorizing such revenue bonds may provide that
810	the authority may thereafter combine the projects then being
811	financed or theretofore financed with other projects to be
812	subsequently financed by the authority, and that revenue bonds to
813	be thereafter issued by the authority shall be on parity with the
814	revenue bonds then being issued, all on such terms, conditions,
815	and limitations as shall be provided and may further provide that
816	the revenues to be derived from the subsequent projects shall at
817	the time of the issuance of such parity revenue bonds be also
818	pledged to the holders of any revenue bonds theretofore issued to
819	finance the revenue undertakings which are later combined with
820	such subsequent projects.  The authority may pledge for the
821	security of the revenue bonds a fixed amount without regard to
822	any proportion of the gross revenues of any project.
823	Section 22.  Refunding bonds.--The authority shall have the
824	power to issue bonds to provide for the retirement or refunding
825	of any bonds or obligations of the authority that at the time of
826	such issuance are or subsequently thereto become due and payable
827	or that at the time of issuance have been called or will be
828	subject to call for redemption within 10 years thereafter or the
829	surrender of which can be procured from the holders thereof at
830	prices satisfactory to the board of directors.  Refunding bonds
831	may be issued at any time when in the judgment of the board of
832	directors such issuance will be advantageous to the authority.
833	The board of directors may, by resolution, confer upon the
834	holders of such refunding bonds all rights, powers, and remedies
835	to which the holders would be entitled if they continued to be
836	the owners and had possession of the bonds for the refinancing
837	of which said refunding bonds are issued.
838	Section 23.  Lien of pledges.--All pledges of revenues and
839	assessments made pursuant to the provisions of this act shall be
840	valid and binding from the time when such pledges are made.  All
841	such revenues and assessments so pledged and thereafter
842	collected shall immediately be subject to the lien of such
843	pledges without any physical delivery thereof or further action
844	and the lien of such pledges shall be valid and binding as
845	against all parties having claims of any kind in tort, contract,
846	or otherwise against the authority irrespective of whether such
847	parties have notice thereof.
848	Section 24.  Issuance of bond anticipation notes.--In
849	addition to the other powers applied for in this act and not in
850	limitation thereof, the authority shall have the power at any
851	time and from time to time after the issuance of any bonds of
852	the authority shall have been authorized, to borrow money for
853	the purposes for which such bonds are to be issued in
854	anticipation of the receipt of the proceeds of the sale of such
855	bonds and to issue bond anticipation notes in a principal amount
856	not in excess of the authorized maximum amount of such bond
857	issues. Such notes shall be in such denominations and bear
858	interest at such rate or rates, mature at such time or times not
859	later than 5 years from the date of issuance and be in such form
860	and executed in such manner as the board of directors shall
861	prescribe. Such notes may be sold at either public or private
862	sale or if such notes shall be renewable, notes may be exchanged
863	for notes then outstanding on such terms as the board of
864	directors shall determine.  Said notes shall be paid from the
865	proceeds of such bonds when issued.
866	Section 25.  Short term borrowing.--The authority at any
867	time may obtain loans in such amount and on such terms and
868	conditions as the board of directors may approve for the purpose
869	of paying any of the expenses of the authority or any costs
870	incurred or that may be incurred in connection with any of the
871	projects of the authority, which loan shall have a term not
872	exceeding 3 years from the date of issuance thereof and may be
873	renewable for a like term or terms, shall bear interest not in
874	excess of the prevailing rate available for loans of similar
875	terms and amounts at commercial lending institutions licensed by
876	the Federal Government or the state, may be payable from and
877	secured by a pledge of such funds, revenues, and assessments as
878	the board of directors may determine.  For the purpose of
879	defraying such costs and expenses the authority may issue
880	negotiable notes, warrants, and other evidences of debts signed
881	on behalf of the authority by any one of the board of directors
882	to be authorized by the board.
883	Section 26.  Trust agreements.--In the discretion of the
884	board of directors, any issue of bonds may be secured by a trust
885	agreement by and between the authority and a corporate trustee
886	or trustees which may be any trust company or bank having the
887	powers of a trust company within or without the state.  The
888	resolution authorizing the issuance of the bonds or such trust
889	agreements may pledge the revenues to be received from any
890	projects of the authority and may contain such provision for
891	protecting and enforcing the rights and remedies of the
892	bondholders as the board of directors may approve, including
893	without limitation covenants setting forth the duties of the
894	authority in relation to the acquisition, construction,
895	reconstruction, improvement, maintenance, repair, operation, and
896	insurance of any project, the fixing and revising of the rates,
897	fees, and charges and the custody safeguarding and application
898	of all moneys, and for the employment of counseling engineers in
899	connection with such acquisition, construction, reconstruction,
900	improvement, maintenance, repair, and operation.  It shall be
901	lawful for any bank or trust company incorporated under the laws
902	of the state which may act as a depository of the proceeds of
903	bonds or of revenues to furnish such indemnifying bonds or to
904	pledge such securities as may be required by the authority.
905	Such resolution or trust agreement may set forth the rights and
906	remedies of the bondholders and of the trustee, if any, and may
907	restrict the individual right of action by bondholders.  The
908	board of directors may provide for the payment of proceeds from
909	the sale of the bonds and the revenues of any project to such
910	officer, board, or depositories as it may designate for the
911	custody thereof, and for the method of disbursement thereof with
912	such safeguards and restrictions as it may determine.  All
913	expenses incurred in carrying out the provision of such
914	resolution or trust agreement may be treated as part of the cost
915	of operation of the project to which such trust agreement
916	pertains.
917	Section 27.  Sale of bonds.--Bonds may be sold in blocks or
918	installments at different times, or an entire issue or series
919	may be sold at one time. Bonds shall be sold at public sale
920	after advertisement, but not in any event at less than 95
921	percent of the par value thereof, together with accrued interest
922	thereon.  Bonds may be sold or exchanged for refunding bonds.
923	Bonds may be delivered as payment by the authority of the
924	purchase price or lease of any project or part thereof or a
925	combination of projects or parts thereof or as the purchase
926	price or exchanged for any property, real, personal or mixed,
927	including franchises or services rendered by any contractor,
928	engineer, or other person at one time or in blocks from time to
929	time and in such manner and upon such terms as the board of
930	directors in its discretion shall determine.
931	Section 28.  Authorization and form of bonds.--The board
932	may by resolution authorize the issuance of bonds on either a
933	negotiated or competitive bid basis, fix the aggregate amount of
934	bonds to be issued, the purpose or purposes for which the moneys
935	derived therefrom shall be expended, and the rate or rates of
936	interest.  The denomination of bonds, whether or not the bonds
937	are to be issued in one or more series, the date or dates
938	thereof, the date or dates of maturity, which shall not exceed
939	40 years from their respective dates of issuance, the medium of
940	payment, place or places within or without the state where
941	payment shall be made, registration, privileges (whether with or
942	without premium), the manner of execution, the form of the
943	bonds, including any interest coupons to be attached thereto,
944	the manner of execution of bonds and coupons, and any and all
945	other terms, covenants and conditions thereof, and the
946	establishment of reserve or other funds.
947	Section 29.  Interim certificates, replacement
948	certificates.--Pending the preparation of definitive bonds, the
949	board of directors may issue interim certificates or receipts or
950	temporary bonds, in such form and with such provision as the
951	board of directors may determine, exchangeable for definitive
952	bonds when such bonds have been executed and are available for
953	delivery.  The board of directors may also provide for the
954	replacement of any bonds which shall become mutilated or be lost
955	or destroyed.
956	Section 30.  Negotiability of bonds.--Any bond issued under
957	this act and any interim certificate, receipt, or temporary bond
958	shall, in the absence of an express recital on the face thereof
959	that it is nonnegotiable, shall be and constitute a negotiable
960	instrument within the meaning and for all purposes of the law
961	merchant, the U.C.C., and the laws of the state.
962	Section 31.  Bonds as legal investment or
963	security.--Notwithstanding any provisions of any other law to
964	the contrary, all bonds issued under provisions of this act
965	shall constitute legal investments for savings banks, trust
966	companies, insurance companies, executors, administrators,
967	trustees, guardians, and other fiduciaries, and for any board,
968	body, agency, instrumentality, county, municipality, or other
969	political subdivision of the state and shall be and constitute
970	securities which may be deposited by banks or trust companies as
971	security for deposit of the state, county, municipal, or other
972	public funds, or by insurance companies.
973	Section 32.  Validity of bonds.--Any bonds issued by the
974	authority shall be incontestable in the hands of bona fide
975	purchasers or holders for value and shall not be invalid because
976	of any irregularity or defects in the proceedings for the issue
977	and sales thereof.  However, the authority is not required to
978	obtain approval of the Bond Review Board as provided by chapter
979	215, Florida Statutes.
980	Section 33.  Pledge by the State of Florida to the
981	bondholders of the authority and to the Federal Government.--The
982	state pledges to the holders of any bonds issued under this act
983	that it will not limit or alter the rights of the authority to
984	own, acquire, construct, reconstruct, improve, maintain,
985	operate, or furnish the projects or to levy rentals, rates,
986	fees, or other charges provided for herein and to fulfill the
987	terms of any agreement made with the holders of such bonds or
988	other obligations, that it will not in any way impair the rights
989	or remedies of the holders, and that it will not modify in any
990	way the exemption for taxation provided in the act, until all
991	such bonds, together with interest thereon, and all costs and
992	expenses in connection with any action or proceeding by or on
993	behalf of such holders, are fully met and discharged.  The state
994	pledges to and agrees with the Federal Government that in the
995	event the Federal Government or any agency or authority thereof
996	shall construct or contribute any funds, materials, or property
997	for the construction, acquisition, extension, improvement,
998	enlargement, maintenance, operation, or furnishing of any
999	project of the authority, or any part thereof, the state will
1000	not alter or limit the rights and powers of the authority in any
1001	manner which would be inconsistent with the continued
1002	maintenance and operation of such project, or any part thereof,
1003	on the improvement thereof, or which would be inconsistent with
1004	due performance of any agreement between the authority and the
1005	Federal Government, and the authority shall continue to have,
1006	and may exercise, all powers herein granted so long as the board
1007	of directors may deem the same necessary or desirable for
1008	carrying out the purposes of this act and the purposes of the
1009	Federal Government in the construction, acquisition, extension,
1010	improvement, enlargement, maintenance, operation, or furnishing
1011	of any projects of the authority or any part thereof.
1012	Section 34.  Contracts, grants, and contributions.--The
1013	authority shall have the power to make and enter into all
1014	contracts and agreements necessary or incidental to the
1015	performance or functions of the authority and the execution of
1016	its powers, and to contract with, and to accept and receive
1017	grants or loans of money, material, or property from any person,
1018	private or public corporation, the state, or any agency or
1019	instrumentality thereof, any county, municipality, or other
1020	political subdivision, or any agency, instrumentality, or
1021	corporation of or created by the United States of America, or
1022	the United States of America, as the board of directors shall
1023	determine to be necessary or desirable to carry out the purpose
1024	of this act, and in connection with any such contract, grant, or
1025	loan to stipulate and agree to such covenants, terms, and
1026	conditions as the board of directors shall deem appropriate.
1027	Section 35.  Tax exemption.--As the exercise of the powers
1028	conferred by this act to effect the purposes of this act
1029	constitute the performance of essential public functions, and as
1030	the projects of the authority will constitute public property
1031	used for public purposes, all assets and properties of the
1032	authority and all bonds issued hereunder and interest paid
1033	thereon and all fees, charges, and other revenues derived by the
1034	authority from the projects provided for by this act shall be
1035	exempt from all taxes by the state or any political subdivision,
1036	agency, or instrumentality thereof, except that this exemption
1037	shall not apply to interest earnings subject to taxation under
1038	chapter 220, Florida Statutes.
1039	Section 36.  Construction of authority projects.--The board
1040	of directors shall have the power and authority to acquire,
1041	construct, reconstruct, extend, repair, improve, maintain, and
1042	operate any of the projects of the authority, and to that end to
1043	employ contractors, to purchase machinery, to employ men to
1044	operate the same, and directly to have charge of and construct
1045	the projects of the authority in such manner as the board of
1046	directors may determine . The authority may undertake any such
1047	construction work with its own facilities, without public
1048	advertisement for bids.  The board of directors shall not be
1049	permitted to let contracts for projects of the authority or for
1050	purchases without public advertising and the receiving of bids
1051	in accordance with such terms and conditions of chapter 287,
1052	Florida Statutes.  The board of directors shall let contracts to
1053	the lowest responsible bidder.  However, the board may, in its
1054	discretion, reject any and all bids.
1055	Section 37.  Enforcement and penalties.--The board of
1056	directors or any aggrieved person may have recourse to such
1057	remedies in law and equity as may be necessary to ensure
1058	compliance with the provisions of this act, including injunctive
1059	relief to enjoin or restrain any person violating the provisions
1060	of this act and any bylaws, resolutions, regulations, rules,
1061	codes, and orders adopted under this act, and the court shall,
1062	upon proof of such violation, have the duty to issue forthwith
1063	such temporary and permanent injunctions as are necessary to
1064	prevent such further violations thereof.
1065	Section 38.  Investment of funds.--The board of directors
1066	may, in its discretion, invest funds of the authority in:
1067	(1)  Direct obligations of or obligations guaranteed by the
1068	United States of America or for the payment of principal and
1069	interest of which the faith and credit of the United States is
1070	pledged;
1071	(2)  Bonds or notes issued by any of the following Federal
1072	agencies: Bank for Cooperatives; Federal Intermediate Credit
1073	Banks; Federal Home Loan Banks System; Federal Land Banks; or
1074	the Federal National Mortgage Loan Association (including the
1075	debentures or participating certificates issued by such
1076	association);
1077	(3)  Public housing bonds issued by public housing
1078	authorities and secured by a pledge of annual contributions
1079	under an annual contribution contract or contracts with the
1080	United States of America;
1081	(4)  Bonds or other interest-bearing obligations of any
1082	county, district, city, or town located in the State of Florida
1083	for which the credit of such political subdivision is pledged;
1084	or
1085	(5)  Any investment authorized for insurers by chapter 625,
1086	Florida Statutes, inclusive, and amendments thereto.
1087	Section 39.  Fiscal year of the authority.--The board of
1088	directors has the power to establish and from time to time
1089	redetermine the fiscal year of the authority.
1090	Section 40.  Severability of provision.--If any section,
1091	clause, sentence, amendment, or provision of this act or the
1092	application of such section, clause, sentence, amendment, or
1093	provision to any person or bodies or under any circumstances
1094	shall be held to be inoperative, invalid, or unconstitutional,
1095	the invalidity of such section, clause, sentence, amendment, or
1096	provision shall not be deemed held or taken to affect the
1097	validity or constitutionality of any of the remaining parts of
1098	this act, or amendments hereto, or the application of any of the
1099	provisions of this act to persons, bodies or in circumstances
1100	other than those as to which it or any part thereof shall have
1101	been held inoperative, invalid, or unconstitutional, and it is
1102	intended that this act shall be construed and applied as if any
1103	section, clause, sentence, amendment, or provision held
1104	inoperative, invalid, or unconstitutional had not been included
1105	in this act.
1106	Section 41.  Liberal construction.--The provisions of this
1107	act shall be liberally construed to effect its purposes and
1108	shall be deemed cumulative, supplemental, and alternative
1109	authority for the exercise of the powers provided herein.
1110	Section 42.  Notice.--It is found and determined that
1111	notice of intention to apply for this legislation was given in
1112	the time, form, and manner required by the Constitution and laws
1113	of the State of Florida. Said notice is found to be sufficient
1114	and is hereby validated and approved.
1115	Section 43.  All actions of the authority occurring prior
1116	to the effective date of this act are hereby ratified.
1117	Section 4.  Chapters 76-441, 77-604, 77-605, 80-546, 83-
1118	468, 84-483, 84-484, 86-419, 98-519, 2003-304, and 2003-327,
1119	Laws of Florida, are repealed.
1120	Section 5.  Rulemaking.--The Florida Keys Aqueduct Authority
1121	Board, as constituted herein, and any successor agency or board
1122	may adopt rules necessary to meet environmental requirements
1123	imposed by federal agencies as a condition of funding.  Rules
1124	adopted by the Florida Keys Aqueduct Authority prior to effective
1125	date of this act, contained in Part 7 of the Rules of the Florida
1126	Keys Aqueduct Authority, are hereby affirmed as a valid exercise
1127	of delegated legislative authority.
1128	Section 6.  This act shall take effect upon becoming a law.

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