HB 0225

CS

CHAMBER ACTION

1	The Local Government Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the Florida Keys Aqueduct Authority,
7	Monroe County; providing for codification of special laws
8	relating to the Florida Keys Aqueduct Authority; providing
9	legislative intent; codifying, repealing, amending, and
10	reenacting chapters 76-441, 77-604, 77-605, 80-546, 83-
11	468, 84-483, 84-484, 86-419, 87-454, 98-519, 2003-304, and
12	2003-327, Laws of Florida; providing for liberal
13	construction; providing a savings clause in the event any
14	provision of the act is deemed invalid; providing for a
15	referendum; providing, subject to referendum approval, for
16	the board of directors to be elected; providing effective
17	dates.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Pursuant to section 189.429, Florida Statutes,
22	this act constitutes the codification of all special acts
23	relating to the Florida Keys Aqueduct Authority. It is the
24	intent of the Legislature in enacting this law to provide a
25	single, comprehensive special act charter for the authority,
26	including all current legislative authority granted to the
27	authority by its several legislative enactments and any
28	additional authority granted by this act. It is further the
29	intent to preserve all authority powers and authority in the
30	Florida Keys, including the authority to provide water and
31	wastewater services.
32	Section 2.  Chapters 76-441, 77-604, 77-605, 80-546, 83-
33	468, 84-483, 84-484, 86-419, 98-519, 2003-304, and 2003-327,
34	Laws of Florida, relating to the Florida Keys Aqueduct
35	Authority, are codified, reenacted, amended, and repealed as
36	herein provided.
37	Section 3.  The Florida Keys Aqueduct Authority is re-
38	created and the charter for the authority is re-created and
39	reenacted to read:
40	Section 1.  Creation of authority; boundaries defined.--As
41	of September 15, 1976, the Florida Keys Aqueduct Authority, an
42	independent special district, was re-created and thereafter was
43	the successor agency to the Florida Keys Aqueduct Authority
44	which was abolished by chapter 76-441, Laws of Florida.  The
45	Florida Keys Aqueduct Authority is not being re-created by this
46	act or for purposes of section 189.404, Florida Statutes.  The
47	primary purpose and function of this authority shall be to
48	obtain, supply, and distribute an adequate water supply for the
49	Florida Keys and to collect, treat, and dispose of wastewater in
50	the Florida Keys. The geographic jurisdiction of the authority
51	shall be as provided in this act. The Florida Keys Aqueduct
52	Authority shall be an autonomous public body corporate and
53	politic and have perpetual existence. All lawful debts, bonds,
54	obligations, contracts, franchises, promissory notes, audits,
55	minutes, resolutions, and other undertakings of the Florida Keys
56	Aqueduct Authority are hereby validated and shall continue to be
57	valid and binding on the Florida Keys Aqueduct Authority in
58	accordance with their respective terms, conditions, covenants,
59	and tenor. Any proceedings heretofore begun by the Florida Keys
60	Aqueduct Authority for the construction of any improvements,
61	works, or facilities, for the assessment of benefits and
62	damages, or for the borrowing of money shall not be impaired or
63	voided by this act but may be continued and completed in the
64	name of the Florida Keys Aqueduct Authority. The authority shall
65	include within its territorial boundaries all of the lands
66	within Monroe County, but may procure water outside its
67	boundaries for sale within said boundaries, and may serve
68	customers residing within 1 mile of its pipeline, from its well
69	field at Florida City in Miami-Dade County to the territorial
70	boundary of the authority.
71	Section 2.  Applicability of certain provisions of Florida
72	law to the Florida Keys Aqueduct Authority.--This act shall give
73	the authority exclusive jurisdiction over the setting of rates,
74	fees, and charges of, and the connection to and disconnection
75	from, the water system and the sewer system of the authority as
76	granted by this act and to this extent shall supersede chapter
77	367, Florida Statutes. Decisions made by the Florida Keys
78	Aqueduct Authority shall not be subject to the Administrative
79	Procedures Act, chapter 120, Florida Statutes.
80	Section 3.  Definitions.--Unless the context shall indicate
81	otherwise, the following words as used in this act shall have
82	the following meanings:
83	(1)  "Authority" means the Florida Keys Aqueduct Authority
84	hereby constituted or, if such authority shall be abolished, any
85	board, commission, or officer succeeding to the principal
86	functions thereof or upon whom the powers given by this act to
87	such authority shall be given by law.
88	(2)  "Board" means the board of directors of the Florida
89	Keys Aqueduct Authority or, if such authority shall be
90	abolished, the board, body, or commission succeeding to the
91	principal functions thereof or to whom the powers given by this
92	act to the board of directors shall be given by law.
93	(3)  "Department" means the Department of the Navy of the
94	United States of America.
95	(4)  "Bond" includes certificates, and provisions
96	applicable to bonds shall be equally applicable to certificates.
97	"Bond" includes any obligation in the nature of bonds as are
98	provided for in this act as the case may be.
99	(5)  "Cost" when used with reference to any project
100	includes, but is not limited to, the expenses of determining the
101	feasibility or practicability of acquisition, construction, or
102	reconstruction; the cost of surveys, estimates, plans, and
103	specifications; the cost of acquisition, construction, or
104	reconstruction; the cost of improvements, engineering, fiscal,
105	and legal expenses and charges; the cost of all labor,
106	materials, machinery, and equipment; the cost of all lands,
107	properties, rights, easements, and franchises acquired; federal,
108	state, and local taxes and assessments; financing charges; the
109	creation of initial reserve and debt service funds; working
110	capital; interest charges incurred or estimated to be incurred
111	on moneys borrowed prior to and during construction and
112	acquisition and for such period of time after completion of
113	construction or acquisition as the board of directors may
114	determine; the cost of issuance of bonds pursuant to this act,
115	including advertisements and printing; the cost of any election
116	held pursuant to this act and all other expenses of issuance of
117	bonds; discount, if any, on the sale or exchange of bonds;
118	administrative expenses; such other expenses as may be necessary
119	or incidental to the acquisition, construction, or
120	reconstruction of any projects or to the financing thereof, or
121	the development of any lands of the authority; and reimbursement
122	of any public or private body, person, firm, or corporation of
123	any moneys advanced in connection with any of the foregoing
124	items of cost. Any obligation or expense incurred prior to the
125	issuance of bonds in connection with the acquisition,
126	construction, or reconstruction of any project or improvements
127	thereon, or in connection with any other development of land
128	that the board of directors of the authority shall determine to
129	be necessary or desirable in carrying out the purposes of this
130	act, may be treated as part of such cost.
131	(6)  "Project" means any development, improvements,
132	property, utility, facility, works, enterprise, service, or
133	convenience that the authority is authorized to construct,
134	acquire, undertake, or furnish for its own use or for the use of
135	any person, firm, or corporation owning, leasing, or otherwise
136	using the same for any profit or nonprofit purpose or activity
137	and shall include without limitation such repairs, replacements,
138	additions, extensions, and betterments of and to any project as
139	may be deemed necessary or desirable by the board of directors
140	to place or to maintain such project in proper condition for the
141	safe, efficient, and economic operation thereof.
142	(7)  "Water system" means any existing or proposed plant,
143	system, facility, or property and additions, extensions, and
144	improvements thereto at any future time constructed or acquired
145	as part thereof, useful or necessary or having the present
146	capacity for future use in connection with the development of
147	sources, treatment, desalination, or purification and
148	distribution of water for public or private use and, without
149	limiting the generality of the foregoing, includes dams,
150	reservoirs, storage tanks, mains, lines, valves, pumping
151	stations, laterals, and pipes for the purpose of carrying water
152	to the premises connected with such system, and all real and
153	personal property and any interests therein, rights, easements,
154	and franchises of any nature whatsoever relating to any such
155	system and necessary or convenient for the operation thereof. It
156	shall embrace wells for supplying water located or to be located
157	on the Florida mainland, including a pipeline or aqueduct from
158	such wells to a point at or near the City of Key West, and shall
159	include the water distribution system acquired by the authority
160	from the City of Key West, and any interest the authority may
161	have in and to the water supply system or any part thereof by
162	contract with the department.
163	(8)  "Sewer system" means any plant, system, facility, or
164	property and additions, extensions, and improvements thereto at
165	any future time constructed or acquired as part thereof, useful
166	or necessary or having the present capacity for future use in
167	connection with the collection, treatment, purification, or
168	disposal of sewage, including, without limitation, industrial
169	wastes resulting from any processes of industry, manufacture,
170	trade, or business or from the development of any natural
171	resources, and, without limiting the generality of the
172	foregoing, shall include treatment plants, pumping stations,
173	lift stations, valve, force mains, intercepting sewers,
174	laterals, pressure lines, mains, and all necessary appurtenances
175	and equipment, all sewer mains, laterals, and other devices for
176	the reception and collection of sewage from premises connected
177	therewith, and all real and personal property and any interest
178	therein, rights, easements, and franchises of any nature
179	whatsoever relating to any such system and necessary or
180	convenient for the operation thereof. The terms "wastewater" and
181	"wastewater system" shall be construed as synonymous with the
182	terms "sewer" and "sewer system" for all purposes under this
183	act.
184	Section 4.  Board of directors; organization;
185	qualification; term of office; quorum.--The Board of Directors
186	of the Florida Keys Aqueduct Authority shall be the governing
187	body of the authority and shall, subject to the provisions of
188	this act, exercise the powers granted to the authority under
189	this act. The board of directors shall consist of five members
190	appointed by the Governor who shall each represent one of five
191	districts which shall be conterminous with the districts of the
192	Board of County Commissioners of Monroe County. Each member of
193	the board of directors shall be a registered elector within
194	Monroe County and shall have been a resident of the district for
195	6 months prior to the date of his or her appointment. The
196	members shall be appointed by the Governor for terms of 4 years
197	each, except that any appointment to fill a vacancy shall be for
198	the unexpired portion of the term. The board shall elect any one
199	of its members as chair and shall also elect any one of its
200	members as secretary-treasurer. A majority of the members of the
201	board shall constitute a quorum. No vacancy in the board shall
202	impair the right of a quorum to exercise all the rights and
203	perform all of the duties of the board. All members of the board
204	shall be required to be bonded. Any vacancy occurring on the
205	board shall be filled by appointment by the Governor for the
206	duration of the unexpired term.
207	Section 5.  Records of board of directors.--The board of
208	directors shall keep a permanent record book entitled "Record of
209	Governing Board of Florida Keys Aqueduct Authority" in which
210	shall be recorded minutes of all meetings, resolutions,
211	proceedings, certificates, and bonds given by employees and any
212	and all acts, which book shall at reasonable times be open to
213	public inspection. Such record book shall be kept at an office
214	or other regular place of business maintained by the board of
215	directors in Monroe County. The board shall keep a current
216	inventory of all real and tangible personal property owned or
217	leased by the authority in the above referenced record book.
218	Section 6.  Compensation of the board.--Each member shall
219	be entitled to receive for such services a fee of $354 per
220	meeting, not to exceed 3 meetings per month. In addition, each
221	board member shall receive reasonable expenses which shall not
222	be in excess of the amounts provided by law for state and county
223	officials in chapter 112, Florida Statutes. The compensation
224	amount for the members of the board provided for in this section
225	shall be adjusted annually based upon the index provided for
226	pursuant to section 287.017(2), Florida Statutes.
227	Section 7.  Bonds; depositories; fiscal agent; budget.--
228	(1)  Each member of the board of directors shall execute a
229	bond to the Governor in the amount of $10,000 with a qualified
230	surety to secure his or her faithful performance of his or her
231	powers and duties. The board of directors shall require a
232	certified audit of the books of the authority at least once a
233	year at the expense of the authority. Such audit shall be
234	available for public inspection and a notice of the availability
235	of the audit shall be published in a newspaper published in
236	Monroe County at least once within 6 months after the end of
237	each fiscal year. The legislative auditor may audit the
238	authority at any time.
239	(2)  The board of directors is authorized to select
240	depositories in which the funds of the board and of the
241	authority shall be deposited. Any banking corporation organized
242	under the laws of the state or under the National Banking Act
243	doing business in the state upon such terms and conditions as to
244	the payment of interest by such depository upon the funds so
245	deposited as the board may deem just and reasonable.
246	(3)  The board of directors may employ a fiscal agent who
247	shall be either a resident of the state or a corporation
248	organized under the laws of this or any other state and who
249	shall assist in the keeping of the books, the collection of
250	fees, and the remitting of funds to pay maturing bonds and
251	coupons and perform such other or additional services and duties
252	as fiscal agent and receive such compensation as the board of
253	directors may determine.
254	(4)  The board of directors shall cause a copy of the
255	proposed budget of the authority to be published in a newspaper
256	published in Monroe County at least once not later than 60 days
257	prior to the date the fiscal year begins. The board shall hold a
258	public hearing and adopt such budget at least 30 days prior to
259	such date.
260	Section 8.  Powers and duties of the board of
261	directors.--Except as otherwise provided in this act, all of the
262	powers and duties of the authority shall be exercised by and
263	through the board of directors. Without limiting the generality
264	of the foregoing, the board shall have the power and authority
265	to:
266	(1)  Employ engineers, contractors, consultants, attorneys,
267	auditors, agents, employees, and representatives, as the board
268	of directors may from time to time determine, on such terms and
269	conditions as the board of directors may approve, and fix their
270	compensation and duties.
271	(2)  Maintain an office at such place or places as it may
272	designate.
273	(3)  Enter or direct entry upon any lands, premises,
274	waters, or other property subject to the requirements of due
275	process as to privately owned property.
276	(4)  Execute all contracts and other documents, adopt all
277	proceedings, and perform all acts determined by the board of
278	directors as necessary or advisable to carry out the purposes of
279	this act. The board may authorize the chair or vice chair to
280	execute contracts and other documents on behalf of the board or
281	the authority. The board may appoint a person to act as general
282	manager of the authority having such official title, functions,
283	duties, and powers as the board may prescribe. The general
284	manager shall not be a member of the board.
285	Section 9.  Powers of the authority.--In addition to and
286	not in limitation of the powers of the authority, it shall have
287	the following powers:
288	(1)  To sue and be sued by its name in any court of law or
289	in equity.
290	(2)  To adopt and use a corporate seal and to alter the
291	same at pleasure.
292	(3)  To acquire property, real, personal, or mixed within
293	or without its territorial limits in fee simple or any lesser
294	interest or estate by purchase, gift, devise, or lease on such
295	terms and conditions as the board of directors may deem
296	necessary or desirable and by condemnation (subject to
297	limitations herein below). The authority shall provide
298	information and assistance to Monroe County for use in preparing
299	its comprehensive plan with respect to the availability of water
300	and wastewater facilities. Except in cases of emergency, the
301	purchase of sole source items, or when the board determines that
302	delay would be detrimental to the interests of the authority,
303	equipment shall be purchased in accordance with part I of
304	chapter 287, Florida Statutes. All provided that the board of
305	directors determines that the use or ownership of such property
306	be necessary in the furtherance of a designated lawful purpose
307	authorized under the provisions of this act. However, the
308	authority may purchase equipment or material without competitive
309	bid, regardless of price, when the manufacturer of such
310	equipment or material refuses to bid on the equipment or
311	material and the board determines that the public interest would
312	be served and substantial savings would result if the equipment
313	or material were purchased directly from the manufacturer. In
314	all such cases the board shall enter a record of such purchase
315	in the "Record of Governing Board of Florida Keys Aqueduct
316	Authority." The authority is specifically excluded from the
317	provisions of section 253.03(6), Florida Statutes, and has the
318	authority to hold title to property in its own name and to
319	acquire easements or rights-of-way, with or without
320	restrictions, within or without the limits of the authority. The
321	state may convey to the authority rights-of-way over any of the
322	lands and structures belonging to the state or any of its
323	agencies for the purpose of constructing, maintaining,
324	supplying, establishing, and regulating the works and projects
325	involved in the wastewater system or the water supply and
326	distribution systems authorized by this act. To mortgage, hold,
327	manage, control, convey, lease, sell, grant, or otherwise
328	dispose of the same and any of the assets and properties of the
329	authority without regard to chapter 273, Florida Statutes.
330	(4)  Whenever deemed necessary or desirable by the board of
331	directors, to lease as lessor or lessee, to or from any person,
332	firm, corporation, association, or body, public or private, any
333	projects of the type that the authority is authorized to
334	undertake and facilities or property of any nature for the use
335	of the authority to carry out any of the purposes of the
336	authority.
337	(5)  The authority shall in its discretion have the power
338	upon resolution duly passed to insure its property in accordance
339	with the State Risk Management Trust Fund as provided by chapter
340	284, Florida Statutes.
341	(6)  To exercise within or without the territorial limits
342	of the authority the right and power of eminent domain in all
343	cases and under all circumstances provided for in chapter 73,
344	Florida Statutes, and amendments thereto. In addition to and not
345	in limitation of the foregoing, the authority may also exercise
346	the right and power of eminent domain for the purpose of
347	condemning any real, personal, or mixed property, public or
348	private, including, without limitation, the property owned by
349	any political body or municipal corporation which the board of
350	directors shall deem necessary for the use of, construction, or
351	operation of any of the projects of the authority or otherwise
352	to carry out any of the purposes of the authority. The power of
353	condemnation shall be exercised in the same manner as now
354	provided by the general laws of the state. In any proceeding
355	under this act or under chapter 73, Florida Statutes, for the
356	taking of property by eminent domain or condemnation, the board
357	of directors is authorized to file declaration of taking
358	immediate possession of the property before the final trial by
359	making deposit as to value as provided by the general statutes,
360	and shall have all of the benefits provided by chapters 73 and
361	74, Florida Statutes, and amendments thereto, or any other
362	statutes of the state which give the right to immediate taking
363	and possession. No public or private body and no agency or
364	authority of the state or any political subdivision thereof
365	shall exercise the power of eminent domain or condemnation with
366	respect to any of the properties, easements, or rights owned by
367	the authority and lying within the authority's jurisdiction,
368	except with the concurrence of the board of directors of the
369	authority which shall not be unreasonably withheld.
370	(7)  To own, acquire, construct, reconstruct, equip,
371	operate, maintain, extend, and improve water systems; to
372	regulate the use of and supply of water including rationing, and
373	regulations to enforce rationing, within the authority
374	boundaries, and pipes and water mains, conduits or pipelines,
375	in, along, or under any street, alley, highway, or other public
376	places or ways within or without the boundaries of the authority
377	when deemed necessary or desirable by the board of directors in
378	accomplishing the purposes of this act.
379	(8)  To issue bonds or other obligations authorized by the
380	provisions of this act or any other law or any combination of
381	the foregoing to pay all or part of the cost of the acquisition
382	or construction, reconstruction, extension, repair, improvement,
383	maintenance, or operation or any project or combination of
384	projects. To provide for any facility, service, or other
385	activity of the authority and to provide for the retirement or
386	refunding of any bonds or obligations of the authority or for
387	any combination of the foregoing purposes.
388	(9)(a)  To purchase, construct, and otherwise acquire and
389	to improve, extend, enlarge, and reconstruct a sewage disposal
390	system or systems and to purchase and/or construct or
391	reconstruct sewer improvements and to operate, manage, and
392	control all such systems so purchased and/or constructed and all
393	properties pertaining thereto and to furnish and supply sewage
394	collection and disposal services to any municipalities and any
395	persons, firms, or corporations, public or private; to prohibit
396	or regulate the use and maintenance of outhouses, privies,
397	septic tanks, or other sanitary structures or appliances within
398	the authority boundaries, provided that prior to prohibiting the
399	use of any such facilities adequate new facilities must be
400	available; to prescribe methods of pretreatment of waste not
401	amenable to treatment; to refuse to accept such waste when not
402	sufficiently pretreated as may be prescribed and to prescribe
403	penalties for the refusal of any person or corporation to so
404	pretreat such waste; to sell or otherwise dispose of the
405	effluent, sludge, or other by-products as a result of sewage
406	treatment and to construct and operate connecting or
407	intercepting outlets, sewers and sewer mains and pipes and water
408	mains, conduits, or pipelines in, along, or under any street,
409	alley, or highway, within or without the authority boundaries
410	when deemed necessary or desirable by the board of directors in
411	accomplishing the purposes of this act, with the consent of the
412	agency owning or controlling same. All such regulation herein
413	authorized shall comply with the standards and regulations
414	pertaining to same as promulgated by the Department of Health
415	and by the Department of Environmental Protection.
416	(b)  The authority shall have the power to create sewer
417	districts comprising any area within the geographic boundaries
418	of the authority. However, the boundaries of any such sewer
419	district shall not be established until approved by majority
420	vote of the Board of County Commissioners of Monroe County,
421	after a public hearing duly noticed and advertised. Any portion
422	or portions of the sewer system within a district and of benefit
423	to the premises or land served thereby shall be deemed
424	improvements and shall include, without being limited to,
425	laterals and mains for the collection and reception of sewage
426	from premises connected therewith, local or auxiliary pumping or
427	lift stations, treatment plants or disposal plants, and other
428	pertinent facilities and equipment for the collection,
429	treatment, and disposal of sewage. The board may impose fees and
430	charges sufficient to obtain bond or other financing for sewer
431	projects. Such charges shall be a lien upon any such parcel of
432	property superior and paramount to any interest except the lien
433	of county or municipal taxes and shall be on a parity with any
434	such taxes. All operational and financial records of each
435	district shall be separately maintained and open to public
436	inspection.
437	(c)  To exercise exclusive jurisdiction, control, and
438	supervision over any sewer systems owned or operated and
439	maintained by the authority and to make and enforce such rules
440	and regulations for the maintenance and operation of any sewer
441	systems as may be in the judgment of the authority necessary or
442	desirable. However, such jurisdiction shall not conflict with
443	chapter 403, Florida Statutes, and rules of the Department of
444	Environmental Protection.
445	(d)  To restrain, enjoin, or otherwise prevent the
446	violation of this law or of any resolution, rules, or
447	regulations adopted pursuant to the powers granted by this law.
448	(e)  To require and enforce the use of its facilities
449	whenever and wherever they are accessible.
450	(f)  To approve or disapprove all subdivision plats and to
451	provide for compliance with sewer standards, rules, and
452	regulations. No subdivision plat or property located within the
453	geographic boundaries of the authority shall be recorded until
454	approval of the board is obtained. The board shall have the
455	power to require a surety bond from any developer to ensure
456	compliance with sewer requirements of the board.
457	(g)  In addition to the other provisions and requirements
458	of this law, any resolution authorizing the issuance of revenue
459	bonds, assessment bonds, or any other obligations issued
460	hereunder may contain provisions and the board is authorized to
461	provide and make covenants and agree with several holders of
462	such bonds as to:
463	1.  Reasonable deposits with the authority in advance to
464	ensure the payments of rates, fees, or charges for the
465	facilities of the system.
466	2.  Discontinuance of the services and facilities of any
467	water system for delinquent payments for sewer services and the
468	terms and conditions of the restoration of such service.
469	3.  Contracts with private or public owners of sewer
470	systems not owned and operated by the authority for the
471	discontinuance of service to any users of the sewer systems.
472	4.  Regulate the construction, acquisition, or operation of
473	any plant, structure, facility, or property which may compete
474	with any sewer system.
475	5.  The manner and method of paying service charges and
476	fees and the levying of penalties for delinquent payments.
477	6.  Any other matters necessary to secure such bonds and
478	the payment of such principal and interest thereof.
479	(h)  In the event that fees, rates, and charges for
480	services and facilities of any sewer system shall not be paid as
481	and when due, the authority shall be empowered to discontinue
482	furnishing water services as provided in section 16 of this act.
483	(i)  Any sewer systems within the geographic boundaries of
484	the authority may be combined into a single consolidated system
485	for purposes of financing or of operation and administration or
486	both. However, no water system may be combined with any sewer
487	system for purposes of financing.
488	(j)  The authority is hereby authorized to adopt by
489	reference and utilize or take advantage of any of the provisions
490	of chapters 100, 153, 159, and 170, Florida Statutes.
491	(k)  The authority shall have power to contract with any
492	person, private or public corporation, the State of Florida, or
493	any agency, instrumentality or county, municipality, or
494	political subdivision thereof, or any agency, instrumentality or
495	corporation of or created by the United States of America, with
496	respect to such wastewater system or any part thereof.  The
497	authority shall also have power to accept and receive grants or
498	loans from the same, and in connection with any such contract,
499	grant or loan, to stipulate and agree to such covenants, terms,
500	and conditions as the governing body of the authority shall deem
501	appropriate.
502	(l)  To make or cause to be made such surveys,
503	investigations, studies, borings, maps, drawings, and estimates
504	of cost and revenues as it may deem necessary, and to prepare
505	and adopt a comprehensive plan or plans for the location,
506	relocation, construction, improvement, revision and development
507	of the wastewater system.
508	(m)  That subject to covenants or agreement with
509	bondholders contained in proceedings authorizing the issuance of
510	bonds pursuant to this act, the authority shall have the power
511	to lease said wastewater system or any part or parts thereof, to
512	any person, firm, corporation, association, or body, upon such
513	terms and conditions and for such periods of time as shall be
514	determined by the governing body.  The authority shall also,
515	whenever desirable, have power to grant permits or licenses in
516	connection with any of the facilities of such wastewater system,
517	and shall have full and complete power to do all things
518	necessary and desirable for the proper and efficient
519	administration and operation of such wastewater system and all
520	parts thereof.  The authority shall also have power, whenever
521	deemed necessary or desirable and subject to covenants and
522	agreements with bondholders, to lease from any person, firm,
523	corporation, association, or body, any facilities of any nature
524	for such wastewater system.
525	(n)  That charges shall be levied by the authority against
526	its own books or against Monroe County with respect to providing
527	any facilities or services rendered by such wastewater system to
528	the authority or to Monroe County or to any other political
529	subdivision or public body or agency which receives wastewater
530	system services, or to any department or works thereof, at the
531	rate or rates applicable to other customers or users taking
532	facilities or services under similar conditions.  Revenues
533	derived from such facilities or services so furnished shall be
534	treated as all other revenues of the wastewater system.
535	(o)  Neither Monroe County, nor any municipality or special
536	district therein, shall exercise any present or future power,
537	pursuant to law, to interfere with the authority's jurisdiction
538	and operation of the wastewater system in such a manner as to
539	impair or adversely affect the covenants and obligations of the
540	authority under agreement relating to its bonds or other debts.
541	(p)  The authority shall have exclusive jurisdiction over
542	the administration, maintenance, development, and provision of
543	wastewater system services in Monroe County with the exception
544	of the Key Largo Wastewater Treatment District as defined in
545	chapter 2002-337, Laws of Florida; the City of Key West; the
546	City of Key Colony Beach; the City of Layton; Islamorada,
547	Village of Islands; and the City of Marathon, if approved by
548	vote of the Marathon City Council; unless such areas shall
549	choose to grant the authority such jurisdiction, and the
550	authority's wastewater system authorized hereunder shall be the
551	exclusive provider of wastewater system services and no
552	franchise or grant of power to any other entity or provider
553	shall be lawful unless preapproved by the authority.  The
554	authority shall have the power to regulate the use of, including
555	prohibiting the use of or mandating the use of, specific types
556	of wastewater facilities and, notwithstanding any other
557	provisions hereof, shall be authorized to prescribe the specific
558	type of wastewater treatment facility or measures required to be
559	utilized within the boundaries of the authority, including, but
560	not limited to, requiring the use of septic tanks in lieu of
561	cess pits, the mandatory hook up to specific wastewater
562	treatment plants, requiring upgrades be undertaken to on site
563	wastewater systems, and any other combination of the foregoing
564	in order to manage effluent disposal and wastewater matters.
565	(10)  In addition to the powers specifically provided in
566	this chapter, the authority shall have the power to own,
567	acquire, construct, reconstruct, equip, operate, maintain,
568	extend, and improve such other related projects as the board of
569	directors may in its discretion find necessary or desirable to
570	accomplish the primary purpose of this act which is to supply
571	water and sewer services and facilities to the Florida Keys.
572	The authority is hereby authorized to adopt by reference and
573	utilize or take advantage of any of the relevant provisions of
574	chapter 100, chapter 153, chapter 159, or chapter 170, Florida
575	Statutes.
576	Section 10.  Rules.--Upon reasonable advance notice to the
577	public and an opportunity for all persons to be heard on the
578	matter, the board shall adopt bylaws, rules, resolutions,
579	regulations, and orders prescribing the powers, duties, and
580	functions of the members of the board and employees of the
581	authority, the conduct of the business of the authority, the
582	maintenance of records of the authority, and shall adopt
583	administrative rules and regulations with respect to any of the
584	projects of the authority.
585	Section 11.  Exercise by authority of powers within
586	municipalities.--The authority shall have the power to exercise
587	any of its rights, powers, privileges, and authorities in any
588	and all portions of the geographical limits of the authority
589	lying within the boundaries of any municipal corporation or
590	other political subdivision, heretofore or hereafter created or
591	organized, whose boundaries lie wholly or partly within the
592	geographic limits of the authority, to the same extent and in
593	the same manner as in areas of the authority not incorporated as
594	part of a municipality or other political subdivision.
595	Section 12.  Furnishing facilities and services within the
596	authority territory.--
597	(1)  The authority shall have the power to construct,
598	maintain, and operate its projects within the geographic limits
599	of the authority, including any portions of the authority
600	located inside the boundaries of any incorporated municipalities
601	or other political subdivisions and to offer, supply, and
602	furnish the facilities and services provided for in this act.
603	(2)  The authority shall have the power to collect fees,
604	rentals, and other charges from persons, firms, corporations,
605	municipalities, counties, the Federal Government, the
606	department, political subdivisions, and other public or private
607	agencies or bodies within the geographic limits of the authority
608	and for the use of the authority itself.
609	Section 13.  Maintenance of projects across rights-of-
610	way.--The authority shall have the power to construct and
611	operate its projects in, along, or under any streets, alleys,
612	highways, or other public places or ways, and across any drain,
613	ditch, canal, floodwater, holding basin, excavation, railroad
614	right-of-way, track, grade, fill, or cut.  However, just
615	compensation shall be paid by the authority for any private
616	property taken or damaged by the exercise of such power.
617	Section 14.  Fees, rentals, and charges; procedure for
618	adoption and modification; minimum revenue requirements.--
619	(1)  The authority shall have the power to prescribe, fix,
620	establish, and collect rates, fees, rentals, or other charges
621	(hereinafter sometimes referred to as revenue) and to revise the
622	same from time to time for the facilities and services furnished
623	or to be furnished by the authority and to provide for
624	reasonable penalties against any user for any such rates, fees,
625	rentals, or other charges that are delinquent.
626	(2)  Such rates, fees, rentals, and charges shall be just
627	and equitable and, except as provided herein, uniform for users
628	of the same class and, where appropriate, may be based or
629	computed either upon the amount of service furnished or upon the
630	number or average number of persons working or residing or
631	working or otherwise occupying the premises served or upon any
632	other factor affecting the use of the facilities furnished, or
633	upon any combination of the foregoing factors as may be
634	determined by the board of directors on an equitable basis.  The
635	authority may prescribe, fix, and establish a special lower
636	rate, fee, rental, or other charge on the residential account of
637	any person who is 60 years of age or older or a totally and
638	permanently disabled American veteran on the date of
639	application, who meets the low income standards adopted by the
640	board and who applies for such special lower rate, fee, rental,
641	or other charge between the months of January and December,
642	inclusive, of each year.  As used in this section "residential
643	account" means an account for a person residing in a house,
644	mobile home, condominium, apartment, or other housing unit.  The
645	application shall include the submission of an affidavit stating
646	that the applicant is 60 years of age or older or a totally and
647	permanently disabled American veteran.  The submission of the
648	affidavit shall be prima facie evidence of the applicant's age
649	or disability.  The application shall also include the annual
650	income of the applicant.
651	(3)  The rates, fees, rentals, or other charges prescribed
652	shall be such as will produce revenues at least sufficient to
653	provide for the items hereinafter listed but not necessarily in
654	the order stated:
655	(a)  To provide for all costs, expenses of operation, and
656	maintenance of such facility or service for such purpose.
657	(b)  To pay, when due, all bonds and interest thereon for
658	the payment of which such revenues are or shall have been
659	pledged or encumbered, including reserves for such purposes.
660	(c)  To provide for any other funds which may be required
661	on the resolution or resolutions authorizing issuance of bonds
662	pursuant to this act.
663	(4)  No rate, fee, rental, or other charge may be
664	established resulting in increased costs for service to the
665	customer nor may any rate, fee, rental, or other charge be
666	increased by the authority until a public hearing has been held
667	relating to the proposed increase in the City of Key West, and
668	in the Marathon and the upper Keys areas.  However, if the
669	proposed rule affects wastewater only in a single wastewater
670	district and affects rates, fees, or other charges that could
671	result in increased costs of service to the customer, no rate,
672	fee, rental, or other charge may be increased by the authority
673	until two advertised public hearings have been held relating to
674	the proposed increase at a site convenient to the public located
675	in the district area.  Such public hearings shall not occur
676	within 15 days of each other.
677	Section 15.  Recovery of delinquent charges.--In the event
678	that any of the rates, fees, rentals, charges, or delinquent
679	penalties shall not be paid as when due and shall be in default
680	for 30 days or more, the unpaid balance thereof and all interest
681	accrued thereon together with attorneys' fees and costs may be
682	recovered by the authority in a civil action and in accordance
683	with any covenant in any bond indenture of the authority.  The
684	board shall have the authority to impose a service charge in
685	accordance with section 832.07(1)(a), Florida Statutes upon the
686	maker or drawer of any check, draft, or order in payment of any
687	such rate, fee, rental, charge or delinquent penalty, for which
688	payment is refused by the drawee because of lack of funds or
689	credit.
690	Section 16.  Discontinuance of service.--In the event that
691	the fees, rentals, or other charges for the services and
692	facilities of any project are not paid when due, the board of
693	directors shall have the power to discontinue and shut off the
694	same until such fees, rentals, or other charges, including
695	interest, penalties, and charges for the shutting off or
696	discontinuance and the restoration of such services and
697	facilities, are fully paid, and for such purposes may enter on
698	any lands, waters, and premises of any person, firm,
699	corporation, or other body, public or private.  Such delinquent
700	fees, rentals, or other charges together with interest,
701	penalties, and charges for the shutting off and discontinuance
702	and the restoration of such services and facilities and
703	reasonable attorneys' fees and other expenses may be recovered
704	by the authority by suit in any court of competent jurisdiction.
705	The authority may also enforce payment of such delinquent fees,
706	rentals, or other charges by any other lawful method of
707	enforcement.
708	Section 17.  Remedies.--Any holder of bonds issued under
709	the provisions of this act or of any of the coupons appertaining
710	thereto, and the trustee under the trust indenture, if any,
711	except to the extent the rights herein given may be restricted
712	by resolution passed before the issuance of the bonds or by the
713	trust indenture, may, either at law or in equity, by suit,
714	action, mandamus, or other proceeding, protect and enforce any
715	and all rights under the laws of the State of Florida or granted
716	hereunder or under such resolution or trust indenture, and may
717	enforce or compel performance of all duties required by this act
718	or by such resolution or trust indenture to be performed by the
719	authority or any officer thereof, including the fixing,
720	charging, and collecting of rates and other charges for both
721	water furnished by the waterworks system and wastewater
722	treatment furnished by the wastewater system.
723	Section 18.  Receiver.--
724	(1)  In the event that the authority shall default in the
725	payment of the principal of or the interest on any of the bonds
726	as the same shall become due, whether at maturity or upon call
727	for redemption, and such default shall continue for a period of
728	45 days, or in the event that the authority or the officers,
729	agents, or employees of the authority shall fail or refuse to
730	comply with the provisions of this act or shall default in any
731	agreement made with the holders of the bonds, any holder of
732	bonds, subject to the provisions of the resolution authorizing
733	the same or the trust indenture, or the trustee therefor, shall
734	have the right to apply in any appropriate judicial proceeding
735	to the circuit court in any court of competent jurisdiction, for
736	the appointment of a receiver of the waterworks system,
737	excluding however, the aqueduct, whether or not all bonds shall
738	have been declared due and payable and whether or not such
739	holder or trustee is seeking or has sought to enforce any other
740	right or to exercise any other remedy in connection with such
741	bonds, and, upon such application, the court may appoint such
742	receiver.
743	(2)  The receiver so appointed shall forthwith, directly or
744	by his agents and attorneys, enter into and upon and take
745	possession of such portion of the waterworks system and may
746	exclude the authority, its officers, agents, and employees and
747	all persons claiming under them, wholly there from and shall
748	have, hold, use, operate, manage, and control the same in the
749	name of the authority or otherwise, as the receiver may deem
750	best, and shall exercise all the rights and powers of the
751	authority with respect thereto as the authority itself might do.
752	Whenever all defaults shall have been cured and made good, the
753	court may, in its discretion, and after such notice and hearing
754	as it deems reasonable and proper, direct the receiver to
755	surrender possession of such property to the authority.  The
756	same right to secure the appointment of a receiver shall exist
757	upon any subsequent default as hereinabove provided.
758	(3)  Notwithstanding anything in this section to the
759	contrary, any such receiver shall have no power to sell, assign,
760	mortgage, or otherwise dispose of any assets of whatever kind or
761	character belonging to the authority and useful for the
762	waterworks system, and the authority of any such receiver shall
763	be limited to the operation and maintenance of such portion of
764	the system as may be placed in receivership and no court shall
765	have jurisdiction to enter any order or decree requiring or
766	permitting such receiver to sell, mortgage, or otherwise dispose
767	of any such assets.
768	Section 19.  Agreements with public and private parties
769	concerning the furnishing of facilities and services.--The
770	authority shall have the power to enter into agreements with any
771	person, firm, or corporation, public or private, for the
772	furnishing by such person, firm, or corporation of any
773	facilities and services of the type provided for in this act to
774	the authority, and for or on behalf of the authority to persons,
775	firms, corporations, and other public or private bodies and
776	agencies to whom the authority is empowered under this act to
777	furnish facilities and services.
778	Section 20.  Exclusive jurisdiction of projects and
779	finances.--
780	(1)  The board of directors shall have exclusive
781	jurisdiction and control, except as otherwise provided herein
782	and as to the quality and manner of discharge of effluent, over
783	the projects of the authority without limitation as to
784	expenditures and appropriations except to the extent otherwise
785	provided in this act and to the extent that the board of
786	directors may by agreement with any other public or private body
787	authorize the same to exercise jurisdiction or control of any of
788	the projects of the authority. It shall not be necessary for the
789	authority to obtain any certificate of convenience or necessity,
790	franchise, license, permit, or authorization from any bureau,
791	board, commission, or like instrumentality of the state or any
792	political subdivision thereof in order to construct,
793	reconstruct, acquire, extend, repair, improve, maintain, or
794	operate any project and the rates, fees, or other charges to be
795	fixed and collected with respect to the facilities and service
796	of the authority shall not be subject to supervision,
797	regulation, or the rate-setting power of any bureau, board,
798	commission, or other agency of the state or any political
799	subdivision thereof.
800	(2)  Except as otherwise provided in this act, the budget
801	and finances of the authority, including without limitation
802	expenditures and appropriations, and the exercise by the board
803	of directors of the powers herein provided, shall not be subject
804	to the requirements or limitations of chapter 216, Florida
805	Statutes.
806	Section 21.  Revenue bonds.--
807	(1)  The authority shall have the power to issue revenue
808	bonds from time to time without limitation as to amount.  Such
809	revenue bonds may be secured by or payable from the gross amount
810	or net pledge of the revenues to be derived from any project or
811	combination of projects from the rates, fees, or other charges
812	to be collected from the users of any project or projects from
813	any revenue-producing undertaking or activity of the authority
814	or from any other source or pledged security.  Such bond shall
815	not constitute an indebtedness of the authority.
816	(2)  Any two or more projects may be combined and
817	consolidated into a single project and may thereafter be
818	operated and maintained as a single project.  The revenue bonds
819	authorized herein may be issued to finance any one or more such
820	projects separately or to finance two or more such projects
821	regardless of whether such projects have been combined and
822	consolidated into a single project.  If the board of directors
823	deems it advisable, the proceedings authorizing such revenue
824	bonds may provide that the authority may thereafter combine the
825	projects then being financed or theretofore financed with other
826	projects to be subsequently financed by the authority, and that
827	revenue bonds to be thereafter issued by the authority shall be
828	on parity with the revenue bonds then being issued, all on such
829	terms, conditions, and limitations as shall be provided and may
830	further provide that the revenues to be derived from the
831	subsequent projects shall at the time of the issuance of such
832	parity revenue bonds be also pledged to the holders of any
833	revenue bonds theretofore issued to finance the revenue
834	undertakings which are later combined with such subsequent
835	projects.  The authority may pledge for the security of the
836	revenue bonds a fixed amount without regard to any proportion of
837	the gross revenues of any project.
838	Section 22.  Refunding bonds.--The authority shall have the
839	power to issue bonds to provide for the retirement or refunding
840	of any bonds or obligations of the authority that at the time of
841	such issuance are or subsequently thereto become due and payable
842	or that at the time of issuance have been called or will be
843	subject to call for redemption within 10 years thereafter or the
844	surrender of which can be procured from the holders thereof at
845	prices satisfactory to the board of directors.  Refunding bonds
846	may be issued at any time when in the judgment of the board of
847	directors such issuance will be advantageous to the authority.
848	The board of directors may, by resolution, confer upon the
849	holders of such refunding bonds all rights, powers, and remedies
850	to which the holders would be entitled if they continued to be
851	the owners and had possession of the bonds for the refinancing
852	of which said refunding bonds are issued.
853	Section 23.  Lien of pledges.--All pledges of revenues and
854	assessments made pursuant to the provisions of this act shall be
855	valid and binding from the time when such pledges are made.  All
856	such revenues and assessments so pledged and thereafter
857	collected shall immediately be subject to the lien of such
858	pledges without any physical delivery thereof or further action
859	and the lien of such pledges shall be valid and binding as
860	against all parties having claims of any kind in tort, contract,
861	or otherwise against the authority irrespective of whether such
862	parties have notice thereof.
863	Section 24.  Issuance of bond anticipation notes.--In
864	addition to the other powers applied for in this act and not in
865	limitation thereof, the authority shall have the power at any
866	time and from time to time after the issuance of any bonds of
867	the authority shall have been authorized, to borrow money for
868	the purposes for which such bonds are to be issued in
869	anticipation of the receipt of the proceeds of the sale of such
870	bonds and to issue bond anticipation notes in a principal amount
871	not in excess of the authorized maximum amount of such bond
872	issues. Such notes shall be in such denominations and bear
873	interest at such rate or rates, mature at such time or times not
874	later than 5 years from the date of issuance and be in such form
875	and executed in such manner as the board of directors shall
876	prescribe. Such notes may be sold at either public or private
877	sale or if such notes shall be renewable, notes may be exchanged
878	for notes then outstanding on such terms as the board of
879	directors shall determine.  Said notes shall be paid from the
880	proceeds of such bonds when issued.
881	Section 25.  Short term borrowing.--The authority at any
882	time may obtain loans in such amount and on such terms and
883	conditions as the board of directors may approve for the purpose
884	of paying any of the expenses of the authority or any costs
885	incurred or that may be incurred in connection with any of the
886	projects of the authority, which loan shall have a term not
887	exceeding 3 years from the date of issuance thereof and may be
888	renewable for a like term or terms, shall bear interest not in
889	excess of the prevailing rate available for loans of similar
890	terms and amounts at commercial lending institutions licensed by
891	the Federal Government or the state, may be payable from and
892	secured by a pledge of such funds, revenues, and assessments as
893	the board of directors may determine.  For the purpose of
894	defraying such costs and expenses the authority may issue
895	negotiable notes, warrants, and other evidences of debts signed
896	on behalf of the authority by any one of the board of directors
897	to be authorized by the board.
898	Section 26.  Trust agreements.--In the discretion of the
899	board of directors, any issue of bonds may be secured by a trust
900	agreement by and between the authority and a corporate trustee
901	or trustees which may be any trust company or bank having the
902	powers of a trust company within or without the state.  The
903	resolution authorizing the issuance of the bonds or such trust
904	agreements may pledge the revenues to be received from any
905	projects of the authority and may contain such provision for
906	protecting and enforcing the rights and remedies of the
907	bondholders as the board of directors may approve, including
908	without limitation covenants setting forth the duties of the
909	authority in relation to the acquisition, construction,
910	reconstruction, improvement, maintenance, repair, operation, and
911	insurance of any project, the fixing and revising of the rates,
912	fees, and charges and the custody safeguarding and application
913	of all moneys, and for the employment of counseling engineers in
914	connection with such acquisition, construction, reconstruction,
915	improvement, maintenance, repair, and operation.  It shall be
916	lawful for any bank or trust company incorporated under the laws
917	of the state which may act as a depository of the proceeds of
918	bonds or of revenues to furnish such indemnifying bonds or to
919	pledge such securities as may be required by the authority.
920	Such resolution or trust agreement may set forth the rights and
921	remedies of the bondholders and of the trustee, if any, and may
922	restrict the individual right of action by bondholders.  The
923	board of directors may provide for the payment of proceeds from
924	the sale of the bonds and the revenues of any project to such
925	officer, board, or depositories as it may designate for the
926	custody thereof, and for the method of disbursement thereof with
927	such safeguards and restrictions as it may determine.  All
928	expenses incurred in carrying out the provision of such
929	resolution or trust agreement may be treated as part of the cost
930	of operation of the project to which such trust agreement
931	pertains.
932	Section 27.  Sale of bonds.--Bonds may be sold in blocks or
933	installments at different times, or an entire issue or series
934	may be sold at one time. Bonds shall be sold at public sale
935	after advertisement, but not in any event at less than 95
936	percent of the par value thereof, together with accrued interest
937	thereon.  Bonds may be sold or exchanged for refunding bonds.
938	Bonds may be delivered as payment by the authority of the
939	purchase price or lease of any project or part thereof or a
940	combination of projects or parts thereof or as the purchase
941	price or exchanged for any property, real, personal or mixed,
942	including franchises or services rendered by any contractor,
943	engineer, or other person at one time or in blocks from time to
944	time and in such manner and upon such terms as the board of
945	directors in its discretion shall determine.
946	Section 28.  Authorization and form of bonds.--The board
947	may by resolution authorize the issuance of bonds on either a
948	negotiated or competitive bid basis, fix the aggregate amount of
949	bonds to be issued, the purpose or purposes for which the moneys
950	derived therefrom shall be expended, and the rate or rates of
951	interest.  The denomination of bonds, whether or not the bonds
952	are to be issued in one or more series, the date or dates
953	thereof, the date or dates of maturity, which shall not exceed
954	40 years from their respective dates of issuance, the medium of
955	payment, place or places within or without the state where
956	payment shall be made, registration, privileges (whether with or
957	without premium), the manner of execution, the form of the
958	bonds, including any interest coupons to be attached thereto,
959	the manner of execution of bonds and coupons, and any and all
960	other terms, covenants and conditions thereof, and the
961	establishment of reserve or other funds.
962	Section 29.  Interim certificates, replacement
963	certificates.--Pending the preparation of definitive bonds, the
964	board of directors may issue interim certificates or receipts or
965	temporary bonds, in such form and with such provision as the
966	board of directors may determine, exchangeable for definitive
967	bonds when such bonds have been executed and are available for
968	delivery.  The board of directors may also provide for the
969	replacement of any bonds which shall become mutilated or be lost
970	or destroyed.
971	Section 30.  Negotiability of bonds.--Any bond issued under
972	this act and any interim certificate, receipt, or temporary bond
973	shall, in the absence of an express recital on the face thereof
974	that it is nonnegotiable, shall be and constitute a negotiable
975	instrument within the meaning and for all purposes of the law
976	merchant, the U.C.C., and the laws of the state.
977	Section 31.  Bonds as legal investment or
978	security.--Notwithstanding any provisions of any other law to
979	the contrary, all bonds issued under provisions of this act
980	shall constitute legal investments for savings banks, trust
981	companies, insurance companies, executors, administrators,
982	trustees, guardians, and other fiduciaries, and for any board,
983	body, agency, instrumentality, county, municipality, or other
984	political subdivision of the state and shall be and constitute
985	securities which may be deposited by banks or trust companies as
986	security for deposit of the state, county, municipal, or other
987	public funds, or by insurance companies.
988	Section 32.  Validity of bonds; validation
989	proceedings.--Any bonds issued by the authority shall be
990	incontestable in the hands of bona fide purchasers or holders
991	for value and shall not be invalid because of any irregularity
992	or defects in the proceedings for the issue and sales thereof.
993	Prior to the issuance of any bonds, the authority shall comply
994	with the provisions of chapter 75, Florida Statutes, and laws
995	amendatory thereof or supplementary thereto.  However, the
996	authority is not required to obtain approval of the Bond Review
997	Board as provided by chapter 215, Florida Statutes.
998	Section 33.  Pledge by the State of Florida to the
999	bondholders of the authority and to the Federal Government.--The
1000	state pledges to the holders of any bonds issued under this act
1001	that it will not limit or alter the rights of the authority to
1002	own, acquire, construct, reconstruct, improve, maintain,
1003	operate, or furnish the projects or to levy rentals, rates,
1004	fees, or other charges provided for herein and to fulfill the
1005	terms of any agreement made with the holders of such bonds or
1006	other obligations, that it will not in any way impair the rights
1007	or remedies of the holders, and that it will not modify in any
1008	way the exemption for taxation provided in the act, until all
1009	such bonds, together with interest thereon, and all costs and
1010	expenses in connection with any action or proceeding by or on
1011	behalf of such holders, are fully met and discharged.  The state
1012	pledges to and agrees with the Federal Government that in the
1013	event the Federal Government or any agency or authority thereof
1014	shall construct or contribute any funds, materials, or property
1015	for the construction, acquisition, extension, improvement,
1016	enlargement, maintenance, operation, or furnishing of any
1017	project of the authority, or any part thereof, the state will
1018	not alter or limit the rights and powers of the authority in any
1019	manner which would be inconsistent with the continued
1020	maintenance and operation of such project, or any part thereof,
1021	on the improvement thereof, or which would be inconsistent with
1022	due performance of any agreement between the authority and the
1023	Federal Government, and the authority shall continue to have,
1024	and may exercise, all powers herein granted so long as the board
1025	of directors may deem the same necessary or desirable for
1026	carrying out the purposes of this act and the purposes of the
1027	Federal Government in the construction, acquisition, extension,
1028	improvement, enlargement, maintenance, operation, or furnishing
1029	of any projects of the authority or any part thereof.
1030	Section 34.  Contracts, grants, and contributions.--The
1031	authority shall have the power to make and enter into all
1032	contracts and agreements necessary or incidental to the
1033	performance or functions of the authority and the execution of
1034	its powers, and to contract with, and to accept and receive
1035	grants or loans of money, material, or property from any person,
1036	private or public corporation, the state, or any agency or
1037	instrumentality thereof, any county, municipality, or other
1038	political subdivision, or any agency, instrumentality, or
1039	corporation of or created by the United States of America, or
1040	the United States of America, as the board of directors shall
1041	determine to be necessary or desirable to carry out the purpose
1042	of this act, and in connection with any such contract, grant, or
1043	loan to stipulate and agree to such covenants, terms, and
1044	conditions as the board of directors shall deem appropriate.
1045	Section 35.  Tax exemption.--As the exercise of the powers
1046	conferred by this act to effect the purposes of this act
1047	constitute the performance of essential public functions, and as
1048	the projects of the authority will constitute public property
1049	used for public purposes, all assets and properties of the
1050	authority and all bonds issued hereunder and interest paid
1051	thereon and all fees, charges, and other revenues derived by the
1052	authority from the projects provided for by this act shall be
1053	exempt from all taxes by the state or any political subdivision,
1054	agency, or instrumentality thereof, except that this exemption
1055	shall not apply to interest earnings subject to taxation under
1056	chapter 220, Florida Statutes.
1057	Section 36.  Construction of authority projects.--The board
1058	of directors shall have the power and authority to acquire,
1059	construct, reconstruct, extend, repair, improve, maintain, and
1060	operate any of the projects of the authority, and to that end to
1061	employ contractors, to purchase machinery, to employ men to
1062	operate the same, and directly to have charge of and construct
1063	the projects of the authority in such manner as the board of
1064	directors may determine . The authority may undertake any such
1065	construction work with its own facilities, without public
1066	advertisement for bids.  The board of directors shall not be
1067	permitted to let contracts for projects of the authority or for
1068	purchases without public advertising and the receiving of bids
1069	in accordance with such terms and conditions of chapter 287,
1070	Florida Statutes.  The board of directors shall let contracts to
1071	the lowest responsible bidder.  However, the board may, in its
1072	discretion, reject any and all bids.
1073	Section 37.  Enforcement and penalties.--The board of
1074	directors or any aggrieved person may have recourse to such
1075	remedies in law and equity as may be necessary to ensure
1076	compliance with the provisions of this act, including injunctive
1077	relief to enjoin or restrain any person violating the provisions
1078	of this act and any bylaws, resolutions, regulations, rules,
1079	codes, and orders adopted under this act, and the court shall,
1080	upon proof of such violation, have the duty to issue forthwith
1081	such temporary and permanent injunctions as are necessary to
1082	prevent such further violations thereof.
1083	Section 38.  Investment of funds.--The board of directors
1084	may, in its discretion, invest funds of the authority in:
1085	(1)  Direct obligations of or obligations guaranteed by the
1086	United States of America or for the payment of principal and
1087	interest of which the faith and credit of the United States is
1088	pledged;
1089	(2)  Bonds or notes issued by any of the following Federal
1090	agencies: Bank for Cooperatives; Federal Intermediate Credit
1091	Banks; Federal Home Loan Banks System; Federal Land Banks; or
1092	the Federal National Mortgage Loan Association (including the
1093	debentures or participating certificates issued by such
1094	association);
1095	(3)  Public housing bonds issued by public housing
1096	authorities and secured by a pledge of annual contributions
1097	under an annual contribution contract or contracts with the
1098	United States of America;
1099	(4)  Bonds or other interest-bearing obligations of any
1100	county, district, city, or town located in the State of Florida
1101	for which the credit of such political subdivision is pledged;
1102	or
1103	(5)  Any investment authorized for insurers by chapter 625,
1104	Florida Statutes, inclusive, and amendments thereto.
1105	Section 39.  Fiscal year of the authority.--The board of
1106	directors has the power to establish and from time to time
1107	redetermine the fiscal year of the authority.
1108	Section 40.  Rulemaking.--The Florida Keys Aqueduct
1109	Authority Board, as constituted herein, and any successor agency
1110	or board may adopt rules necessary to meet environmental
1111	requirements imposed by federal agencies as a condition of
1112	funding.  Rules adopted by the Florida Keys Aqueduct Authority
1113	prior to May 18, 1983, (the effective date of chapter 83-468,
1114	Laws of Florida) contained in Part 7 of the Rules of the Florida
1115	Keys Aqueduct Authority, are hereby affirmed as a valid exercise
1116	of delegated legislative authority.
1117	Section 41.  All actions of the authority occurring prior
1118	to June 25, 1976, (the effective date of chapter 76-441, Laws of
1119	Florida) are hereby ratified.
1120	Section 4.  Chapters 76-441, 77-604, 77-605, 80-546, 83-
1121	468, 84-483, 84-484, 86-419, 87-454, 98-519, 2003-304, and 2003-
1122	327, Laws of Florida, are repealed.
1123	Section 5.  Liberal construction.--The provisions of this
1124	act shall be liberally construed to effect its purposes and
1125	shall be deemed cumulative, supplemental, and alternative
1126	authority for the exercise of the powers provided herein.
1127	Section 6.  Severability of provisions.--If any section,
1128	clause, sentence, amendment, or provision of this act or the
1129	application of such section, clause, sentence, amendment, or
1130	provision to any person or bodies or under any circumstances
1131	shall be held to be inoperative, invalid, or unconstitutional,
1132	the invalidity of such section, clause, sentence, amendment, or
1133	provision shall not be deemed held or taken to affect the
1134	validity or constitutionality of any of the remaining parts of
1135	this act, or amendments hereto, or the application of any of the
1136	provisions of this act to persons, bodies or in circumstances
1137	other than those as to which it or any part thereof shall have
1138	been held inoperative, invalid, or unconstitutional, and it is
1139	intended that this act shall be construed and applied as if any
1140	section, clause, sentence, amendment, or provision held
1141	inoperative, invalid, or unconstitutional had not been included
1142	in this act.
1143	Section 7.  In accordance with the provisions of law
1144	relating to elections currently in force, a referendum shall be
1145	called by the Monroe County Supervisor of Elections, to be paid
1146	for by the Florida Keys Aqueduct Authority, and to be held in
1147	October of 2005 on the question of whether the Board of
1148	Directors of the Florida Keys Aqueduct Authority shall be
1149	elected by qualified electors rather than appointed by the
1150	Governor. If the question is approved by a majority vote of
1151	those qualified electors of Monroe County voting on the question
1152	in the referendum, section 4 of the charter contained in section
1153	3 of this act shall be superseded by the following:
1154	Section 4.  Board of directors; organization;
1155	qualification; term of office; quorum.--The Board of Directors
1156	of the Florida Keys Aqueduct Authority shall be the governing
1157	body of the authority and shall, subject to the provisions of
1158	this act, exercise the powers granted to the authority under
1159	this act. The board of directors shall consist of five members
1160	who shall each represent one of five districts which shall be
1161	coterminous with the districts of the Board of County
1162	Commissioners of Monroe County. Each member of the board of
1163	directors shall be a registered elector within Monroe County and
1164	shall have been a resident of the district for 6 months prior to
1165	the date of election. The members of the board shall be elected
1166	by the qualified electors of the county at large as follows:
1167	five members, representing districts one through five, shall be
1168	elected at the general election to be held in November 2006.
1169	The initial terms for seats two and four shall be 2 years each,
1170	and the initial terms for seats one, three, and five shall be 4
1171	years each. Subsequent terms for all seats shall be 4 years
1172	each. The terms of members elected as provided in this section
1173	shall begin on the Tuesday 2 weeks following the general
1174	election. The board shall elect one of its members as chair and
1175	shall elect another member as secretary-treasurer. A majority of
1176	the members of the board shall constitute a quorum. No vacancy
1177	in the board shall impair the right of a quorum to exercise all
1178	the rights and perform all of the duties of the board. All
1179	members of the board shall be required to be bonded. Any vacancy
1180	occurring on the board shall be filled by appointment by the
1181	Governor for the duration of the unexpired term or until the
1182	next succeeding general election occurring more than 4 months
1183	after the vacancy occurs, whichever is the earliest. Any such
1184	election shall be to fill the unexpired term.
1185	Section 8.  Except as otherwise provided herein, this act
1186	shall take effect upon becoming a law.

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