HB 225

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 for a
11	referendum; providing, subject to referendum approval, for
12	the board of directors to be elected; providing effective
13	dates.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Pursuant to section 189.429, Florida Statutes,
18	this act constitutes the codification of all special acts
19	relating to the Florida Keys Aqueduct Authority. It is the
20	intent of the Legislature in enacting this law to provide a
21	single, comprehensive special act charter for the authority,
22	including all current legislative authority granted to the
23	authority by its several legislative enactments and any
24	additional authority granted by this act. It is further the
25	intent to preserve all authority powers and authority in the
26	Florida Keys, including the authority to provide water and
27	wastewater services.
28	Section 2.  Chapters 76-441, 77-604, 77-605, 80-546, 83-
29	468, 84-483, 84-484, 86-419, 98-519, 2003-304, and 2003-327,
30	Laws of Florida, relating to the Florida Keys Aqueduct
31	Authority, are codified, reenacted, amended, and repealed as
32	herein provided.
33	Section 3.  The Florida Keys Aqueduct Authority is re-
34	created and the charter for the authority is re-created and
35	reenacted to read:
36	Section 1.  Creation of authority; boundaries defined.--As
37	of September 15, 1976, the Florida Keys Aqueduct Authority, an
38	independent special district, was re-created and thereafter was
39	the successor agency to the Florida Keys Aqueduct Authority
40	which was abolished by chapter 76-441, Laws of Florida.  The
41	Florida Keys Aqueduct Authority is not being re-created by this
42	act or for purposes of section 189.404, Florida Statutes.  The
43	primary purpose and function of this authority shall be to
44	obtain, supply, and distribute an adequate water supply for the
45	Florida Keys and to collect, treat, and dispose of wastewater in
46	the Florida Keys. The geographic jurisdiction of the authority
47	shall be as provided in this act. The Florida Keys Aqueduct
48	Authority shall be an autonomous public body corporate and
49	politic and have perpetual existence. All lawful debts, bonds,
50	obligations, contracts, franchises, promissory notes, audits,
51	minutes, resolutions, and other undertakings of the Florida Keys
52	Aqueduct Authority are hereby validated and shall continue to be
53	valid and binding on the Florida Keys Aqueduct Authority in
54	accordance with their respective terms, conditions, covenants,
55	and tenor. Any proceedings heretofore begun by the Florida Keys
56	Aqueduct Authority for the construction of any improvements,
57	works, or facilities, for the assessment of benefits and
58	damages, or for the borrowing of money shall not be impaired or
59	voided by this act but may be continued and completed in the
60	name of the Florida Keys Aqueduct Authority. The authority shall
61	include within its territorial boundaries all of the lands
62	within Monroe County, but may procure water outside its
63	boundaries for sale within said boundaries, and may serve
64	customers residing within 1 mile of its pipeline, from its well
65	field at Florida City in Miami-Dade County to the territorial
66	boundary of the authority.
67	Section 2.  Applicability of certain provisions of Florida
68	law to the Florida Keys Aqueduct Authority.--This act shall give
69	the authority exclusive jurisdiction over the setting of rates,
70	fees, and charges of, and the connection to and disconnection
71	from, the water system and the sewer system of the authority as
72	granted by this act and to this extent shall supersede chapter
73	367, Florida Statutes. Decisions made by the Florida Keys
74	Aqueduct Authority shall not be subject to the Administrative
75	Procedures Act, chapter 120, Florida Statutes.
76	Section 3.  Definitions.--Unless the context shall indicate
77	otherwise, the following words as used in this act shall have
78	the following meanings:
79	(1)  "Authority" means the Florida Keys Aqueduct Authority
80	hereby constituted or, if such authority shall be abolished, any
81	board, commission, or officer succeeding to the principal
82	functions thereof or upon whom the powers given by this act to
83	such authority shall be given by law.
84	(2)  "Board" means the board of directors of the Florida
85	Keys Aqueduct Authority or, if such authority shall be
86	abolished, the board, body, or commission succeeding to the
87	principal functions thereof or to whom the powers given by this
88	act to the board of directors shall be given by law.
89	(3)  "Department" means the Department of the Navy of the
90	United States of America.
91	(4)  "Bond" includes certificates, and provisions
92	applicable to bonds shall be equally applicable to certificates.
93	"Bond" includes any obligation in the nature of bonds as are
94	provided for in this act as the case may be.
95	(5)  "Cost" when used with reference to any project
96	includes, but is not limited to, the expenses of determining the
97	feasibility or practicability of acquisition, construction, or
98	reconstruction; the cost of surveys, estimates, plans, and
99	specifications; the cost of acquisition, construction, or
100	reconstruction; the cost of improvements, engineering, fiscal,
101	and legal expenses and charges; the cost of all labor,
102	materials, machinery, and equipment; the cost of all lands,
103	properties, rights, easements, and franchises acquired; federal,
104	state, and local taxes and assessments; financing charges; the
105	creation of initial reserve and debt service funds; working
106	capital; interest charges incurred or estimated to be incurred
107	on moneys borrowed prior to and during construction and
108	acquisition and for such period of time after completion of
109	construction or acquisition as the board of directors may
110	determine; the cost of issuance of bonds pursuant to this act,
111	including advertisements and printing; the cost of any election
112	held pursuant to this act and all other expenses of issuance of
113	bonds; discount, if any, on the sale or exchange of bonds;
114	administrative expenses; such other expenses as may be necessary
115	or incidental to the acquisition, construction, or
116	reconstruction of any projects or to the financing thereof, or
117	the development of any lands of the authority; and reimbursement
118	of any public or private body, person, firm, or corporation of
119	any moneys advanced in connection with any of the foregoing
120	items of cost. Any obligation or expense incurred prior to the
121	issuance of bonds in connection with the acquisition,
122	construction, or reconstruction of any project or improvements
123	thereon, or in connection with any other development of land
124	that the board of directors of the authority shall determine to
125	be necessary or desirable in carrying out the purposes of this
126	act, may be treated as part of such cost.
127	(6)  "Project" means any development, improvements,
128	property, utility, facility, works, enterprise, service, or
129	convenience that the authority is authorized to construct,
130	acquire, undertake, or furnish for its own use or for the use of
131	any person, firm, or corporation owning, leasing, or otherwise
132	using the same for any profit or nonprofit purpose or activity
133	and shall include without limitation such repairs, replacements,
134	additions, extensions, and betterments of and to any project as
135	may be deemed necessary or desirable by the board of directors
136	to place or to maintain such project in proper condition for the
137	safe, efficient, and economic operation thereof.
138	(7)  "Water system" means any existing or proposed plant,
139	system, facility, or property and additions, extensions, and
140	improvements thereto at any future time constructed or acquired
141	as part thereof, useful or necessary or having the present
142	capacity for future use in connection with the development of
143	sources, treatment, desalination, or purification and
144	distribution of water for public or private use and, without
145	limiting the generality of the foregoing, includes dams,
146	reservoirs, storage tanks, mains, lines, valves, pumping
147	stations, laterals, and pipes for the purpose of carrying water
148	to the premises connected with such system, and all real and
149	personal property and any interests therein, rights, easements,
150	and franchises of any nature whatsoever relating to any such
151	system and necessary or convenient for the operation thereof. It
152	shall embrace wells for supplying water located or to be located
153	on the Florida mainland, including a pipeline or aqueduct from
154	such wells to a point at or near the City of Key West, and shall
155	include the water distribution system acquired by the authority
156	from the City of Key West, and any interest the authority may
157	have in and to the water supply system or any part thereof by
158	contract with the department.
159	(8)  "Sewer system" means any plant, system, facility, or
160	property and additions, extensions, and improvements thereto at
161	any future time constructed or acquired as part thereof, useful
162	or necessary or having the present capacity for future use in
163	connection with the collection, treatment, purification, or
164	disposal of sewage, including, without limitation, industrial
165	wastes resulting from any processes of industry, manufacture,
166	trade, or business or from the development of any natural
167	resources, and, without limiting the generality of the
168	foregoing, shall include treatment plants, pumping stations,
169	lift stations, valve, force mains, intercepting sewers,
170	laterals, pressure lines, mains, and all necessary appurtenances
171	and equipment, all sewer mains, laterals, and other devices for
172	the reception and collection of sewage from premises connected
173	therewith, and all real and personal property and any interest
174	therein, rights, easements, and franchises of any nature
175	whatsoever relating to any such system and necessary or
176	convenient for the operation thereof. The terms "wastewater" and
177	"wastewater system" shall be construed as synonymous with the
178	terms "sewer" and "sewer system" for all purposes under this
179	act.
180	Section 4.  Board of directors; organization;
181	qualification; term of office; quorum.--The Board of Directors
182	of the Florida Keys Aqueduct Authority shall be the governing
183	body of the authority and shall, subject to the provisions of
184	this act, exercise the powers granted to the authority under
185	this act. The board of directors shall consist of five members
186	appointed by the Governor who shall each represent one of five
187	districts which shall be conterminous with the districts of the
188	Board of County Commissioners of Monroe County. Each member of
189	the board of directors shall be a registered elector within
190	Monroe County and shall have been a resident of the district for
191	6 months prior to the date of his or her appointment. The
192	members shall be appointed by the Governor for terms of 4 years
193	each, except that any appointment to fill a vacancy shall be for
194	the unexpired portion of the term. The board shall elect any one
195	of its members as chair and shall also elect any one of its
196	members as secretary-treasurer. A majority of the members of the
197	board shall constitute a quorum. No vacancy in the board shall
198	impair the right of a quorum to exercise all the rights and
199	perform all of the duties of the board. All members of the board
200	shall be required to be bonded. Any vacancy occurring on the
201	board shall be filled by appointment by the Governor for the
202	duration of the unexpired term.
203	Section 5.  Records of board of directors.--The board of
204	directors shall keep a permanent record book entitled "Record of
205	Governing Board of Florida Keys Aqueduct Authority" in which
206	shall be recorded minutes of all meetings, resolutions,
207	proceedings, certificates, and bonds given by employees and any
208	and all acts, which book shall at reasonable times be open to
209	public inspection. Such record book shall be kept at an office
210	or other regular place of business maintained by the board of
211	directors in Monroe County. The board shall keep a current
212	inventory of all real and tangible personal property owned or
213	leased by the authority in the above referenced record book.
214	Section 6.  Compensation of the board.--Each member shall
215	be entitled to receive for such services a fee of $354 per
216	meeting, not to exceed 3 meetings per month. In addition, each
217	board member shall receive reasonable expenses which shall not
218	be in excess of the amounts provided by law for state and county
219	officials in chapter 112, Florida Statutes. The compensation
220	amount for the members of the board provided for in this section
221	shall be adjusted annually based upon the index provided for
222	pursuant to section 287.017(2), Florida Statutes.
223	Section 7.  Bonds; depositories; fiscal agent; budget.--
224	(1)  Each member of the board of directors shall execute a
225	bond to the Governor in the amount of $10,000 with a qualified
226	surety to secure his or her faithful performance of his or her
227	powers and duties. The board of directors shall require a
228	financial audit of the books of the authority at least once a
229	year at the expense of the authority. Such audit shall be
230	available for public inspection and a notice of the availability
231	of the audit shall be published in a newspaper published in
232	Monroe County at least once within 6 months after the end of
233	each fiscal year. The legislative auditor may audit the
234	authority at any time.
235	(2)  The board of directors is authorized to select
236	depositories in which the funds of the board and of the
237	authority shall be deposited. Any banking corporation organized
238	under the laws of the state or under the National Banking Act
239	doing business in the state upon such terms and conditions as to
240	the payment of interest by such depository upon the funds so
241	deposited as the board may deem just and reasonable.
242	(3)  The board of directors may employ a fiscal agent who
243	shall be either a resident of the state or a corporation
244	organized under the laws of this or any other state and who
245	shall assist in the keeping of the books, the collection of
246	fees, and the remitting of funds to pay maturing bonds and
247	coupons and perform such other or additional services and duties
248	as fiscal agent and receive such compensation as the board of
249	directors may determine.
250	(4)  The board of directors shall cause a copy of the
251	proposed budget of the authority to be published in a newspaper
252	published in Monroe County at least once not later than 60 days
253	prior to the date the fiscal year begins. The board shall hold a
254	public hearing and adopt such budget at least 30 days prior to
255	such date.
256	Section 8.  Powers and duties of the board of
257	directors.--Except as otherwise provided in this act, all of the
258	powers and duties of the authority shall be exercised by and
259	through the board of directors. Without limiting the generality
260	of the foregoing, the board shall have the power and authority
261	to:
262	(1)  Employ engineers, contractors, consultants, attorneys,
263	auditors, agents, employees, and representatives, as the board
264	of directors may from time to time determine, on such terms and
265	conditions as the board of directors may approve, and fix their
266	compensation and duties.
267	(2)  Maintain an office at such place or places as it may
268	designate.
269	(3)  Enter or direct entry upon any lands, premises,
270	waters, or other property subject to the requirements of due
271	process as to privately owned property.
272	(4)  Execute all contracts and other documents, adopt all
273	proceedings, and perform all acts determined by the board of
274	directors as necessary or advisable to carry out the purposes of
275	this act. The board may authorize the chair or vice chair to
276	execute contracts and other documents on behalf of the board or
277	the authority. The board may appoint a person to act as general
278	manager of the authority having such official title, functions,
279	duties, and powers as the board may prescribe. The general
280	manager shall not be a member of the board.
281	Section 9.  Powers of the authority.--In addition to and
282	not in limitation of the powers of the authority, it shall have
283	the following powers:
284	(1)  To sue and be sued by its name in any court of law or
285	in equity.
286	(2)  To adopt and use a corporate seal and to alter the
287	same at pleasure.
288	(3)  To acquire property, real, personal, or mixed within
289	or without its territorial limits in fee simple or any lesser
290	interest or estate by purchase, gift, devise, or lease on such
291	terms and conditions as the board of directors may deem
292	necessary or desirable and by condemnation (subject to
293	limitations herein below). The authority shall provide
294	information and assistance to Monroe County for use in preparing
295	its comprehensive plan with respect to the availability of water
296	and wastewater facilities. Except in cases of emergency, the
297	purchase of sole source items, or when the board determines that
298	delay would be detrimental to the interests of the authority,
299	equipment shall be purchased in accordance with part I of
300	chapter 287, Florida Statutes. All provided that the board of
301	directors determines that the use or ownership of such property
302	be necessary in the furtherance of a designated lawful purpose
303	authorized under the provisions of this act. However, the
304	authority may purchase equipment or material without competitive
305	bid, regardless of price, when the manufacturer of such
306	equipment or material refuses to bid on the equipment or
307	material and the board determines that the public interest would
308	be served and substantial savings would result if the equipment
309	or material were purchased directly from the manufacturer. In
310	all such cases the board shall enter a record of such purchase
311	in the "Record of Governing Board of Florida Keys Aqueduct
312	Authority." The authority is specifically excluded from the
313	provisions of section 253.03(6), Florida Statutes, and has the
314	authority to hold title to property in its own name and to
315	acquire easements or rights-of-way, with or without
316	restrictions, within or without the limits of the authority. The
317	state may convey to the authority rights-of-way over any of the
318	lands and structures belonging to the state or any of its
319	agencies for the purpose of constructing, maintaining,
320	supplying, establishing, and regulating the works and projects
321	involved in the wastewater system or the water supply and
322	distribution systems authorized by this act. To mortgage, hold,
323	manage, control, convey, lease, sell, grant, or otherwise
324	dispose of the same and any of the assets and properties of the
325	authority without regard to chapter 273, Florida Statutes.
326	(4)  Whenever deemed necessary or desirable by the board of
327	directors, to lease as lessor or lessee, to or from any person,
328	firm, corporation, association, or body, public or private, any
329	projects of the type that the authority is authorized to
330	undertake and facilities or property of any nature for the use
331	of the authority to carry out any of the purposes of the
332	authority.
333	(5)  The authority shall in its discretion have the power
334	upon resolution duly passed to insure its property in accordance
335	with the State Risk Management Trust Fund as provided by chapter
336	284, Florida Statutes.
337	(6)  To exercise within or without the territorial limits
338	of the authority the right and power of eminent domain in all
339	cases and under all circumstances provided for in chapter 73,
340	Florida Statutes, and amendments thereto. In addition to and not
341	in limitation of the foregoing, the authority may also exercise
342	the right and power of eminent domain for the purpose of
343	condemning any real, personal, or mixed property, public or
344	private, including, without limitation, the property owned by
345	any political body or municipal corporation which the board of
346	directors shall deem necessary for the use of, construction, or
347	operation of any of the projects of the authority or otherwise
348	to carry out any of the purposes of the authority. The power of
349	condemnation shall be exercised in the same manner as now
350	provided by the general laws of the state. In any proceeding
351	under this act or under chapter 73, Florida Statutes, for the
352	taking of property by eminent domain or condemnation, the board
353	of directors is authorized to file declaration of taking
354	immediate possession of the property before the final trial by
355	making deposit as to value as provided by the general statutes,
356	and shall have all of the benefits provided by chapters 73 and
357	74, Florida Statutes, and amendments thereto, or any other
358	statutes of the state which give the right to immediate taking
359	and possession. No public or private body and no agency or
360	authority of the state or any political subdivision thereof
361	shall exercise the power of eminent domain or condemnation with
362	respect to any of the properties, easements, or rights owned by
363	the authority and lying within the authority's jurisdiction,
364	except with the concurrence of the board of directors of the
365	authority which shall not be unreasonably withheld.
366	(7)  To own, acquire, construct, reconstruct, equip,
367	operate, maintain, extend, and improve water systems; to
368	regulate the use of and supply of water including rationing, and
369	regulations to enforce rationing, within the authority
370	boundaries, and pipes and water mains, conduits or pipelines,
371	in, along, or under any street, alley, highway, or other public
372	places or ways within or without the boundaries of the authority
373	when deemed necessary or desirable by the board of directors in
374	accomplishing the purposes of this act.
375	(8)  To issue bonds or other obligations authorized by the
376	provisions of this act or any other law or any combination of
377	the foregoing to pay all or part of the cost of the acquisition
378	or construction, reconstruction, extension, repair, improvement,
379	maintenance, or operation or any project or combination of
380	projects. To provide for any facility, service, or other
381	activity of the authority and to provide for the retirement or
382	refunding of any bonds or obligations of the authority or for
383	any combination of the foregoing purposes.
384	(9)(a)  To purchase, construct, and otherwise acquire and
385	to improve, extend, enlarge, and reconstruct a sewage disposal
386	system or systems and to purchase and/or construct or
387	reconstruct sewer improvements and to operate, manage, and
388	control all such systems so purchased and/or constructed and all
389	properties pertaining thereto and to furnish and supply sewage
390	collection and disposal services to any municipalities and any
391	persons, firms, or corporations, public or private; to prohibit
392	or regulate the use and maintenance of outhouses, privies,
393	septic tanks, or other sanitary structures or appliances within
394	the authority boundaries, provided that prior to prohibiting the
395	use of any such facilities adequate new facilities must be
396	available; to prescribe methods of pretreatment of waste not
397	amenable to treatment; to refuse to accept such waste when not
398	sufficiently pretreated as may be prescribed and to prescribe
399	penalties for the refusal of any person or corporation to so
400	pretreat such waste; to sell or otherwise dispose of the
401	effluent, sludge, or other by-products as a result of sewage
402	treatment and to construct and operate connecting or
403	intercepting outlets, sewers and sewer mains and pipes and water
404	mains, conduits, or pipelines in, along, or under any street,
405	alley, or highway, within or without the authority boundaries
406	when deemed necessary or desirable by the board of directors in
407	accomplishing the purposes of this act, with the consent of the
408	agency owning or controlling same. All such regulation herein
409	authorized shall comply with the standards and regulations
410	pertaining to same as promulgated by the Department of Health
411	and by the Department of Environmental Protection.
412	(b)  The authority shall have the power to create sewer
413	districts comprising any area within the geographic boundaries
414	of the authority. However, the boundaries of any such sewer
415	district shall not be established until approved by majority
416	vote of the Board of County Commissioners of Monroe County,
417	after a public hearing duly noticed and advertised. Any portion
418	or portions of the sewer system within a district and of benefit
419	to the premises or land served thereby shall be deemed
420	improvements and shall include, without being limited to,
421	laterals and mains for the collection and reception of sewage
422	from premises connected therewith, local or auxiliary pumping or
423	lift stations, treatment plants or disposal plants, and other
424	pertinent facilities and equipment for the collection,
425	treatment, and disposal of sewage. The board may impose fees and
426	charges sufficient to obtain bond or other financing for sewer
427	projects. Such charges shall be a lien upon any such parcel of
428	property superior and paramount to any interest except the lien
429	of county or municipal taxes and shall be on a parity with any
430	such taxes. All operational and financial records of each
431	district shall be separately maintained and open to public
432	inspection.
433	(c)  To exercise exclusive jurisdiction, control, and
434	supervision over any sewer systems owned or operated and
435	maintained by the authority and to make and enforce such rules
436	and regulations for the maintenance and operation of any sewer
437	systems as may be in the judgment of the authority necessary or
438	desirable. However, such jurisdiction shall not conflict with
439	chapter 403, Florida Statutes, and rules of the Department of
440	Environmental Protection.
441	(d)  To restrain, enjoin, or otherwise prevent the
442	violation of this law or of any resolution, rules, or
443	regulations adopted pursuant to the powers granted by this law.
444	(e)  To require and enforce the use of its facilities
445	whenever and wherever they are accessible.
446	(f)  To approve or disapprove all subdivision plats and to
447	provide for compliance with sewer standards, rules, and
448	regulations. No subdivision plat or property located within the
449	geographic boundaries of the authority shall be recorded until
450	approval of the board is obtained. The board shall have the
451	power to require a surety bond from any developer to ensure
452	compliance with sewer requirements of the board.
453	(g)  In addition to the other provisions and requirements
454	of this law, any resolution authorizing the issuance of revenue
455	bonds, assessment bonds, or any other obligations issued
456	hereunder may contain provisions and the board is authorized to
457	provide and make covenants and agree with several holders of
458	such bonds as to:
459	1.  Reasonable deposits with the authority in advance to
460	ensure the payments of rates, fees, or charges for the
461	facilities of the system.
462	2.  Discontinuance of the services and facilities of any
463	water system for delinquent payments for sewer services and the
464	terms and conditions of the restoration of such service.
465	3.  Contracts with private or public owners of sewer
466	systems not owned and operated by the authority for the
467	discontinuance of service to any users of the sewer systems.
468	4.  Regulate the construction, acquisition, or operation of
469	any plant, structure, facility, or property which may compete
470	with any sewer system.
471	5.  The manner and method of paying service charges and
472	fees and the levying of penalties for delinquent payments.
473	6.  Any other matters necessary to secure such bonds and
474	the payment of such principal and interest thereof.
475	(h)  In the event that fees, rates, and charges for
476	services and facilities of any sewer system shall not be paid as
477	and when due, the authority shall be empowered to discontinue
478	furnishing water services as provided in section 16 of this act.
479	(i)  Any sewer systems within the geographic boundaries of
480	the authority may be combined into a single consolidated system
481	for purposes of financing or of operation and administration or
482	both. However, no water system may be combined with any sewer
483	system for purposes of financing.
484	(j)  The authority is hereby authorized to adopt by
485	reference and utilize or take advantage of any of the provisions
486	of chapters 100, 153, 159, and 170, Florida Statutes.
487	(k)  The authority shall have power to contract with any
488	person, private or public corporation, the State of Florida, or
489	any agency, instrumentality or county, municipality, or
490	political subdivision thereof, or any agency, instrumentality or
491	corporation of or created by the United States of America, with
492	respect to such wastewater system or any part thereof.  The
493	authority shall also have power to accept and receive grants or
494	loans from the same, and in connection with any such contract,
495	grant or loan, to stipulate and agree to such covenants, terms,
496	and conditions as the governing body of the authority shall deem
497	appropriate.
498	(l)  To make or cause to be made such surveys,
499	investigations, studies, borings, maps, drawings, and estimates
500	of cost and revenues as it may deem necessary, and to prepare
501	and adopt a comprehensive plan or plans for the location,
502	relocation, construction, improvement, revision and development
503	of the wastewater system.
504	(m)  That subject to covenants or agreement with
505	bondholders contained in proceedings authorizing the issuance of
506	bonds pursuant to this act, the authority shall have the power
507	to lease said wastewater system or any part or parts thereof, to
508	any person, firm, corporation, association, or body, upon such
509	terms and conditions and for such periods of time as shall be
510	determined by the governing body.  The authority shall also,
511	whenever desirable, have power to grant permits or licenses in
512	connection with any of the facilities of such wastewater system,
513	and shall have full and complete power to do all things
514	necessary and desirable for the proper and efficient
515	administration and operation of such wastewater system and all
516	parts thereof.  The authority shall also have power, whenever
517	deemed necessary or desirable and subject to covenants and
518	agreements with bondholders, to lease from any person, firm,
519	corporation, association, or body, any facilities of any nature
520	for such wastewater system.
521	(n)  That charges shall be levied by the authority against
522	its own books or against Monroe County with respect to providing
523	any facilities or services rendered by such wastewater system to
524	the authority or to Monroe County or to any other political
525	subdivision or public body or agency which receives wastewater
526	system services, or to any department or works thereof, at the
527	rate or rates applicable to other customers or users taking
528	facilities or services under similar conditions.  Revenues
529	derived from such facilities or services so furnished shall be
530	treated as all other revenues of the wastewater system.
531	(o)  Neither Monroe County, nor any municipality or special
532	district therein, shall exercise any present or future power,
533	pursuant to law, to interfere with the authority's jurisdiction
534	and operation of the wastewater system in such a manner as to
535	impair or adversely affect the covenants and obligations of the
536	authority under agreement relating to its bonds or other debts.
537	(p)  The authority shall have exclusive jurisdiction over
538	the administration, maintenance, development, and provision of
539	wastewater system services in Monroe County with the exception
540	of the Key Largo Wastewater Treatment District as defined in
541	chapter 2002-337, Laws of Florida; the City of Key West; the
542	City of Key Colony Beach; the City of Layton; Islamorada,
543	Village of Islands; and the City of Marathon, if approved by
544	vote of the Marathon City Council; unless such areas shall
545	choose to grant the authority such jurisdiction, and the
546	authority's wastewater system authorized hereunder shall be the
547	exclusive provider of wastewater system services and no
548	franchise or grant of power to any other entity or provider
549	shall be lawful unless preapproved by the authority.  The
550	authority shall have the power to regulate the use of, including
551	prohibiting the use of or mandating the use of, specific types
552	of wastewater facilities and, notwithstanding any other
553	provisions hereof, shall be authorized to prescribe the specific
554	type of wastewater treatment facility or measures required to be
555	utilized within the boundaries of the authority, including, but
556	not limited to, requiring the use of septic tanks in lieu of
557	cess pits, the mandatory hook up to specific wastewater
558	treatment plants, requiring upgrades be undertaken to on site
559	wastewater systems, and any other combination of the foregoing
560	in order to manage effluent disposal and wastewater matters.
561	(10)  In addition to the powers specifically provided in
562	this chapter, the authority shall have the power to own,
563	acquire, construct, reconstruct, equip, operate, maintain,
564	extend, and improve such other related projects as the board of
565	directors may in its discretion find necessary or desirable to
566	accomplish the primary purpose of this act which is to supply
567	water and sewer services and facilities to the Florida Keys.
568	The authority is hereby authorized to adopt by reference and
569	utilize or take advantage of any of the relevant provisions of
570	chapter 100, chapter 153, chapter 159, or chapter 170, Florida
571	Statutes.
572	Section 10.  Rules.--Upon reasonable advance notice to the
573	public and an opportunity for all persons to be heard on the
574	matter, the board shall adopt bylaws, rules, resolutions,
575	regulations, and orders prescribing the powers, duties, and
576	functions of the members of the board and employees of the
577	authority, the conduct of the business of the authority, the
578	maintenance of records of the authority, and shall adopt
579	administrative rules and regulations with respect to any of the
580	projects of the authority.
581	Section 11.  Exercise by authority of powers within
582	municipalities.--The authority shall have the power to exercise
583	any of its rights, powers, privileges, and authorities in any
584	and all portions of the geographical limits of the authority
585	lying within the boundaries of any municipal corporation or
586	other political subdivision, heretofore or hereafter created or
587	organized, whose boundaries lie wholly or partly within the
588	geographic limits of the authority, to the same extent and in
589	the same manner as in areas of the authority not incorporated as
590	part of a municipality or other political subdivision.
591	Section 12.  Furnishing facilities and services within the
592	authority territory.--
593	(1)  The authority shall have the power to construct,
594	maintain, and operate its projects within the geographic limits
595	of the authority, including any portions of the authority
596	located inside the boundaries of any incorporated municipalities
597	or other political subdivisions and to offer, supply, and
598	furnish the facilities and services provided for in this act.
599	(2)  The authority shall have the power to collect fees,
600	rentals, and other charges from persons, firms, corporations,
601	municipalities, counties, the Federal Government, the
602	department, political subdivisions, and other public or private
603	agencies or bodies within the geographic limits of the authority
604	and for the use of the authority itself.
605	Section 13.  Maintenance of projects across rights-of-
606	way.--The authority shall have the power to construct and
607	operate its projects in, along, or under any streets, alleys,
608	highways, or other public places or ways, and across any drain,
609	ditch, canal, floodwater, holding basin, excavation, railroad
610	right-of-way, track, grade, fill, or cut.  However, just
611	compensation shall be paid by the authority for any private
612	property taken or damaged by the exercise of such power.
613	Section 14.  Fees, rentals, and charges; procedure for
614	adoption and modification; minimum revenue requirements.--
615	(1)  The authority shall have the power to prescribe, fix,
616	establish, and collect rates, fees, rentals, or other charges
617	(hereinafter sometimes referred to as revenue) and to revise the
618	same from time to time for the facilities and services furnished
619	or to be furnished by the authority and to provide for
620	reasonable penalties against any user for any such rates, fees,
621	rentals, or other charges that are delinquent.
622	(2)  Such rates, fees, rentals, and charges shall be just
623	and equitable and, except as provided herein, uniform for users
624	of the same class and, where appropriate, may be based or
625	computed either upon the amount of service furnished or upon the
626	number or average number of persons working or residing or
627	working or otherwise occupying the premises served or upon any
628	other factor affecting the use of the facilities furnished, or
629	upon any combination of the foregoing factors as may be
630	determined by the board of directors on an equitable basis.  The
631	authority may prescribe, fix, and establish a special lower
632	rate, fee, rental, or other charge on the residential account of
633	any person who is 60 years of age or older or a totally and
634	permanently disabled American veteran on the date of
635	application, who meets the low income standards adopted by the
636	board and who applies for such special lower rate, fee, rental,
637	or other charge between the months of January and December,
638	inclusive, of each year.  As used in this section "residential
639	account" means an account for a person residing in a house,
640	mobile home, condominium, apartment, or other housing unit.  The
641	application shall include the submission of an affidavit stating
642	that the applicant is 60 years of age or older or a totally and
643	permanently disabled American veteran.  The submission of the
644	affidavit shall be prima facie evidence of the applicant's age
645	or disability.  The application shall also include the annual
646	income of the applicant.
647	(3)  The rates, fees, rentals, or other charges prescribed
648	shall be such as will produce revenues at least sufficient to
649	provide for the items hereinafter listed but not necessarily in
650	the order stated:
651	(a)  To provide for all costs, expenses of operation, and
652	maintenance of such facility or service for such purpose.
653	(b)  To pay, when due, all bonds and interest thereon for
654	the payment of which such revenues are or shall have been
655	pledged or encumbered, including reserves for such purposes.
656	(c)  To provide for any other funds which may be required
657	on the resolution or resolutions authorizing issuance of bonds
658	pursuant to this act.
659	(4)  No rate, fee, rental, or other charge may be
660	established resulting in increased costs for service to the
661	customer nor may any rate, fee, rental, or other charge be
662	increased by the authority until a public hearing has been held
663	relating to the proposed increase in the City of Key West, and
664	in the Marathon and the upper Keys areas.  However, if the
665	proposed rule affects wastewater only in a single wastewater
666	district and affects rates, fees, or other charges that could
667	result in increased costs of service to the customer, no rate,
668	fee, rental, or other charge may be increased by the authority
669	until two advertised public hearings have been held relating to
670	the proposed increase at a site convenient to the public located
671	in the district area.  Such public hearings shall not occur
672	within 15 days of each other.
673	Section 15.  Recovery of delinquent charges.--In the event
674	that any of the rates, fees, rentals, charges, or delinquent
675	penalties shall not be paid as when due and shall be in default
676	for 30 days or more, the unpaid balance thereof and all interest
677	accrued thereon together with attorneys' fees and costs may be
678	recovered by the authority in a civil action and in accordance
679	with any covenant in any bond indenture of the authority.  The
680	board shall have the authority to impose a service charge in
681	accordance with section 832.07(1)(a), Florida Statutes upon the
682	maker or drawer of any check, draft, or order in payment of any
683	such rate, fee, rental, charge or delinquent penalty, for which
684	payment is refused by the drawee because of lack of funds or
685	credit.
686	Section 16.  Discontinuance of service.--In the event that
687	the fees, rentals, or other charges for the services and
688	facilities of any project are not paid when due, the board of
689	directors shall have the power to discontinue and shut off the
690	same until such fees, rentals, or other charges, including
691	interest, penalties, and charges for the shutting off or
692	discontinuance and the restoration of such services and
693	facilities, are fully paid, and for such purposes may enter on
694	any lands, waters, and premises of any person, firm,
695	corporation, or other body, public or private.  Such delinquent
696	fees, rentals, or other charges together with interest,
697	penalties, and charges for the shutting off and discontinuance
698	and the restoration of such services and facilities and
699	reasonable attorneys' fees and other expenses may be recovered
700	by the authority by suit in any court of competent jurisdiction.
701	The authority may also enforce payment of such delinquent fees,
702	rentals, or other charges by any other lawful method of
703	enforcement.
704	Section 17.  Remedies.--Any holder of bonds issued under
705	the provisions of this act or of any of the coupons appertaining
706	thereto, and the trustee under the trust indenture, if any,
707	except to the extent the rights herein given may be restricted
708	by resolution passed before the issuance of the bonds or by the
709	trust indenture, may, either at law or in equity, by suit,
710	action, mandamus, or other proceeding, protect and enforce any
711	and all rights under the laws of the State of Florida or granted
712	hereunder or under such resolution or trust indenture, and may
713	enforce or compel performance of all duties required by this act
714	or by such resolution or trust indenture to be performed by the
715	authority or any officer thereof, including the fixing,
716	charging, and collecting of rates and other charges for both
717	water furnished by the waterworks system and wastewater
718	treatment furnished by the wastewater system.
719	Section 18.  Receiver.--
720	(1)  In the event that the authority shall default in the
721	payment of the principal of or the interest on any of the bonds
722	as the same shall become due, whether at maturity or upon call
723	for redemption, and such default shall continue for a period of
724	45 days, or in the event that the authority or the officers,
725	agents, or employees of the authority shall fail or refuse to
726	comply with the provisions of this act or shall default in any
727	agreement made with the holders of the bonds, any holder of
728	bonds, subject to the provisions of the resolution authorizing
729	the same or the trust indenture, or the trustee therefor, shall
730	have the right to apply in any appropriate judicial proceeding
731	to the circuit court in any court of competent jurisdiction, for
732	the appointment of a receiver of the waterworks system,
733	excluding however, the aqueduct, whether or not all bonds shall
734	have been declared due and payable and whether or not such
735	holder or trustee is seeking or has sought to enforce any other
736	right or to exercise any other remedy in connection with such
737	bonds, and, upon such application, the court may appoint such
738	receiver.
739	(2)  The receiver so appointed shall forthwith, directly or
740	by his agents and attorneys, enter into and upon and take
741	possession of such portion of the waterworks system and may
742	exclude the authority, its officers, agents, and employees and
743	all persons claiming under them, wholly there from and shall
744	have, hold, use, operate, manage, and control the same in the
745	name of the authority or otherwise, as the receiver may deem
746	best, and shall exercise all the rights and powers of the
747	authority with respect thereto as the authority itself might do.
748	Whenever all defaults shall have been cured and made good, the
749	court may, in its discretion, and after such notice and hearing
750	as it deems reasonable and proper, direct the receiver to
751	surrender possession of such property to the authority.  The
752	same right to secure the appointment of a receiver shall exist
753	upon any subsequent default as hereinabove provided.
754	(3)  Notwithstanding anything in this section to the
755	contrary, any such receiver shall have no power to sell, assign,
756	mortgage, or otherwise dispose of any assets of whatever kind or
757	character belonging to the authority and useful for the
758	waterworks system, and the authority of any such receiver shall
759	be limited to the operation and maintenance of such portion of
760	the system as may be placed in receivership and no court shall
761	have jurisdiction to enter any order or decree requiring or
762	permitting such receiver to sell, mortgage, or otherwise dispose
763	of any such assets.
764	Section 19.  Agreements with public and private parties
765	concerning the furnishing of facilities and services.--The
766	authority shall have the power to enter into agreements with any
767	person, firm, or corporation, public or private, for the
768	furnishing by such person, firm, or corporation of any
769	facilities and services of the type provided for in this act to
770	the authority, and for or on behalf of the authority to persons,
771	firms, corporations, and other public or private bodies and
772	agencies to whom the authority is empowered under this act to
773	furnish facilities and services.
774	Section 20.  Exclusive jurisdiction of projects and
775	finances.--
776	(1)  The board of directors shall have exclusive
777	jurisdiction and control, except as otherwise provided herein
778	and as to the quality and manner of discharge of effluent, over
779	the projects of the authority without limitation as to
780	expenditures and appropriations except to the extent otherwise
781	provided in this act and to the extent that the board of
782	directors may by agreement with any other public or private body
783	authorize the same to exercise jurisdiction or control of any of
784	the projects of the authority. It shall not be necessary for the
785	authority to obtain any certificate of convenience or necessity,
786	franchise, license, permit, or authorization from any bureau,
787	board, commission, or like instrumentality of the state or any
788	political subdivision thereof in order to construct,
789	reconstruct, acquire, extend, repair, improve, maintain, or
790	operate any project and the rates, fees, or other charges to be
791	fixed and collected with respect to the facilities and service
792	of the authority shall not be subject to supervision,
793	regulation, or the rate-setting power of any bureau, board,
794	commission, or other agency of the state or any political
795	subdivision thereof.
796	(2)  Except as otherwise provided in this act, the budget
797	and finances of the authority, including without limitation
798	expenditures and appropriations, and the exercise by the board
799	of directors of the powers herein provided, shall not be subject
800	to the requirements or limitations of chapter 216, Florida
801	Statutes.
802	Section 21.  Revenue bonds.--
803	(1)  The authority shall have the power to issue revenue
804	bonds from time to time without limitation as to amount.  Such
805	revenue bonds may be secured by or payable from the gross amount
806	or net pledge of the revenues to be derived from any project or
807	combination of projects from the rates, fees, or other charges
808	to be collected from the users of any project or projects from
809	any revenue-producing undertaking or activity of the authority
810	or from any other source or pledged security.  Such bond shall
811	not constitute an indebtedness of the authority.
812	(2)  Any two or more projects may be combined and
813	consolidated into a single project and may thereafter be
814	operated and maintained as a single project.  The revenue bonds
815	authorized herein may be issued to finance any one or more such
816	projects separately or to finance two or more such projects
817	regardless of whether such projects have been combined and
818	consolidated into a single project.  If the board of directors
819	deems it advisable, the proceedings authorizing such revenue
820	bonds may provide that the authority may thereafter combine the
821	projects then being financed or theretofore financed with other
822	projects to be subsequently financed by the authority, and that
823	revenue bonds to be thereafter issued by the authority shall be
824	on parity with the revenue bonds then being issued, all on such
825	terms, conditions, and limitations as shall be provided and may
826	further provide that the revenues to be derived from the
827	subsequent projects shall at the time of the issuance of such
828	parity revenue bonds be also pledged to the holders of any
829	revenue bonds theretofore issued to finance the revenue
830	undertakings which are later combined with such subsequent
831	projects.  The authority may pledge for the security of the
832	revenue bonds a fixed amount without regard to any proportion of
833	the gross revenues of any project.
834	Section 22.  Refunding bonds.--The authority shall have the
835	power to issue bonds to provide for the retirement or refunding
836	of any bonds or obligations of the authority that at the time of
837	such issuance are or subsequently thereto become due and payable
838	or that at the time of issuance have been called or will be
839	subject to call for redemption within 10 years thereafter or the
840	surrender of which can be procured from the holders thereof at
841	prices satisfactory to the board of directors.  Refunding bonds
842	may be issued at any time when in the judgment of the board of
843	directors such issuance will be advantageous to the authority.
844	The board of directors may, by resolution, confer upon the
845	holders of such refunding bonds all rights, powers, and remedies
846	to which the holders would be entitled if they continued to be
847	the owners and had possession of the bonds for the refinancing
848	of which said refunding bonds are issued.
849	Section 23.  Lien of pledges.--All pledges of revenues and
850	assessments made pursuant to the provisions of this act shall be
851	valid and binding from the time when such pledges are made.  All
852	such revenues and assessments so pledged and thereafter
853	collected shall immediately be subject to the lien of such
854	pledges without any physical delivery thereof or further action
855	and the lien of such pledges shall be valid and binding as
856	against all parties having claims of any kind in tort, contract,
857	or otherwise against the authority irrespective of whether such
858	parties have notice thereof.
859	Section 24.  Issuance of bond anticipation notes.--In
860	addition to the other powers applied for in this act and not in
861	limitation thereof, the authority shall have the power at any
862	time and from time to time after the issuance of any bonds of
863	the authority shall have been authorized, to borrow money for
864	the purposes for which such bonds are to be issued in
865	anticipation of the receipt of the proceeds of the sale of such
866	bonds and to issue bond anticipation notes in a principal amount
867	not in excess of the authorized maximum amount of such bond
868	issues. Such notes shall be in such denominations and bear
869	interest at such rate or rates, mature at such time or times not
870	later than 5 years from the date of issuance and be in such form
871	and executed in such manner as the board of directors shall
872	prescribe. Such notes may be sold at either public or private
873	sale or if such notes shall be renewable, notes may be exchanged
874	for notes then outstanding on such terms as the board of
875	directors shall determine.  Said notes shall be paid from the
876	proceeds of such bonds when issued.
877	Section 25.  Short term borrowing.--The authority at any
878	time may obtain loans in such amount and on such terms and
879	conditions as the board of directors may approve for the purpose
880	of paying any of the expenses of the authority or any costs
881	incurred or that may be incurred in connection with any of the
882	projects of the authority, which loan shall have a term not
883	exceeding 3 years from the date of issuance thereof and may be
884	renewable for a like term or terms, shall bear interest not in
885	excess of the prevailing rate available for loans of similar
886	terms and amounts at commercial lending institutions licensed by
887	the Federal Government or the state, may be payable from and
888	secured by a pledge of such funds, revenues, and assessments as
889	the board of directors may determine.  For the purpose of
890	defraying such costs and expenses the authority may issue
891	negotiable notes, warrants, and other evidences of debts signed
892	on behalf of the authority by any one of the board of directors
893	to be authorized by the board.
894	Section 26.  Trust agreements.--In the discretion of the
895	board of directors, any issue of bonds may be secured by a trust
896	agreement by and between the authority and a corporate trustee
897	or trustees which may be any trust company or bank having the
898	powers of a trust company within or without the state.  The
899	resolution authorizing the issuance of the bonds or such trust
900	agreements may pledge the revenues to be received from any
901	projects of the authority and may contain such provision for
902	protecting and enforcing the rights and remedies of the
903	bondholders as the board of directors may approve, including
904	without limitation covenants setting forth the duties of the
905	authority in relation to the acquisition, construction,
906	reconstruction, improvement, maintenance, repair, operation, and
907	insurance of any project, the fixing and revising of the rates,
908	fees, and charges and the custody safeguarding and application
909	of all moneys, and for the employment of counseling engineers in
910	connection with such acquisition, construction, reconstruction,
911	improvement, maintenance, repair, and operation.  It shall be
912	lawful for any bank or trust company incorporated under the laws
913	of the state which may act as a depository of the proceeds of
914	bonds or of revenues to furnish such indemnifying bonds or to
915	pledge such securities as may be required by the authority.
916	Such resolution or trust agreement may set forth the rights and
917	remedies of the bondholders and of the trustee, if any, and may
918	restrict the individual right of action by bondholders.  The
919	board of directors may provide for the payment of proceeds from
920	the sale of the bonds and the revenues of any project to such
921	officer, board, or depositories as it may designate for the
922	custody thereof, and for the method of disbursement thereof with
923	such safeguards and restrictions as it may determine.  All
924	expenses incurred in carrying out the provision of such
925	resolution or trust agreement may be treated as part of the cost
926	of operation of the project to which such trust agreement
927	pertains.
928	Section 27.  Sale of bonds.--Bonds may be sold in blocks or
929	installments at different times, or an entire issue or series
930	may be sold at one time. Bonds shall be sold at public sale
931	after advertisement, but not in any event at less than 95
932	percent of the par value thereof, together with accrued interest
933	thereon.  Bonds may be sold or exchanged for refunding bonds.
934	Bonds may be delivered as payment by the authority of the
935	purchase price or lease of any project or part thereof or a
936	combination of projects or parts thereof or as the purchase
937	price or exchanged for any property, real, personal or mixed,
938	including franchises or services rendered by any contractor,
939	engineer, or other person at one time or in blocks from time to
940	time and in such manner and upon such terms as the board of
941	directors in its discretion shall determine.
942	Section 28.  Authorization and form of bonds.--The board
943	may by resolution authorize the issuance of bonds on either a
944	negotiated or competitive bid basis, fix the aggregate amount of
945	bonds to be issued, the purpose or purposes for which the moneys
946	derived therefrom shall be expended, and the rate or rates of
947	interest.  The denomination of bonds, whether or not the bonds
948	are to be issued in one or more series, the date or dates
949	thereof, the date or dates of maturity, which shall not exceed
950	40 years from their respective dates of issuance, the medium of
951	payment, place or places within or without the state where
952	payment shall be made, registration, privileges (whether with or
953	without premium), the manner of execution, the form of the
954	bonds, including any interest coupons to be attached thereto,
955	the manner of execution of bonds and coupons, and any and all
956	other terms, covenants and conditions thereof, and the
957	establishment of reserve or other funds.
958	Section 29.  Interim certificates, replacement
959	certificates.--Pending the preparation of definitive bonds, the
960	board of directors may issue interim certificates or receipts or
961	temporary bonds, in such form and with such provision as the
962	board of directors may determine, exchangeable for definitive
963	bonds when such bonds have been executed and are available for
964	delivery.  The board of directors may also provide for the
965	replacement of any bonds which shall become mutilated or be lost
966	or destroyed.
967	Section 30.  Negotiability of bonds.--Any bond issued under
968	this act and any interim certificate, receipt, or temporary bond
969	shall, in the absence of an express recital on the face thereof
970	that it is nonnegotiable, shall be and constitute a negotiable
971	instrument within the meaning and for all purposes of the law
972	merchant, the U.C.C., and the laws of the state.
973	Section 31.  Bonds as legal investment or
974	security.--Notwithstanding any provisions of any other law to
975	the contrary, all bonds issued under provisions of this act
976	shall constitute legal investments for savings banks, trust
977	companies, insurance companies, executors, administrators,
978	trustees, guardians, and other fiduciaries, and for any board,
979	body, agency, instrumentality, county, municipality, or other
980	political subdivision of the state and shall be and constitute
981	securities which may be deposited by banks or trust companies as
982	security for deposit of the state, county, municipal, or other
983	public funds, or by insurance companies.
984	Section 32.  Validity of bonds; validation
985	proceedings.--Any bonds issued by the authority shall be
986	incontestable in the hands of bona fide purchasers or holders
987	for value and shall not be invalid because of any irregularity
988	or defects in the proceedings for the issue and sales thereof.
989	Prior to the issuance of any bonds, the authority shall comply
990	with the provisions of chapter 75, Florida Statutes, and laws
991	amendatory thereof or supplementary thereto.  However, the
992	authority is not required to obtain approval of the Bond Review
993	Board as provided by chapter 215, Florida Statutes.
994	Section 33.  Pledge by the State of Florida to the
995	bondholders of the authority and to the Federal Government.--The
996	state pledges to the holders of any bonds issued under this act
997	that it will not limit or alter the rights of the authority to
998	own, acquire, construct, reconstruct, improve, maintain,
999	operate, or furnish the projects or to levy rentals, rates,
1000	fees, or other charges provided for herein and to fulfill the
1001	terms of any agreement made with the holders of such bonds or
1002	other obligations, that it will not in any way impair the rights
1003	or remedies of the holders, and that it will not modify in any
1004	way the exemption for taxation provided in the act, until all
1005	such bonds, together with interest thereon, and all costs and
1006	expenses in connection with any action or proceeding by or on
1007	behalf of such holders, are fully met and discharged.  The state
1008	pledges to and agrees with the Federal Government that in the
1009	event the Federal Government or any agency or authority thereof
1010	shall construct or contribute any funds, materials, or property
1011	for the construction, acquisition, extension, improvement,
1012	enlargement, maintenance, operation, or furnishing of any
1013	project of the authority, or any part thereof, the state will
1014	not alter or limit the rights and powers of the authority in any
1015	manner which would be inconsistent with the continued
1016	maintenance and operation of such project, or any part thereof,
1017	on the improvement thereof, or which would be inconsistent with
1018	due performance of any agreement between the authority and the
1019	Federal Government, and the authority shall continue to have,
1020	and may exercise, all powers herein granted so long as the board
1021	of directors may deem the same necessary or desirable for
1022	carrying out the purposes of this act and the purposes of the
1023	Federal Government in the construction, acquisition, extension,
1024	improvement, enlargement, maintenance, operation, or furnishing
1025	of any projects of the authority or any part thereof.
1026	Section 34.  Contracts, grants, and contributions.--The
1027	authority shall have the power to make and enter into all
1028	contracts and agreements necessary or incidental to the
1029	performance or functions of the authority and the execution of
1030	its powers, and to contract with, and to accept and receive
1031	grants or loans of money, material, or property from any person,
1032	private or public corporation, the state, or any agency or
1033	instrumentality thereof, any county, municipality, or other
1034	political subdivision, or any agency, instrumentality, or
1035	corporation of or created by the United States of America, or
1036	the United States of America, as the board of directors shall
1037	determine to be necessary or desirable to carry out the purpose
1038	of this act, and in connection with any such contract, grant, or
1039	loan to stipulate and agree to such covenants, terms, and
1040	conditions as the board of directors shall deem appropriate.
1041	Section 35.  Tax exemption.--As the exercise of the powers
1042	conferred by this act to effect the purposes of this act
1043	constitute the performance of essential public functions, and as
1044	the projects of the authority will constitute public property
1045	used for public purposes, all assets and properties of the
1046	authority and all bonds issued hereunder and interest paid
1047	thereon and all fees, charges, and other revenues derived by the
1048	authority from the projects provided for by this act shall be
1049	exempt from all taxes by the state or any political subdivision,
1050	agency, or instrumentality thereof, except that this exemption
1051	shall not apply to interest earnings subject to taxation under
1052	chapter 220, Florida Statutes.
1053	Section 36.  Construction of authority projects.--The board
1054	of directors shall have the power and authority to acquire,
1055	construct, reconstruct, extend, repair, improve, maintain, and
1056	operate any of the projects of the authority, and to that end to
1057	employ contractors, to purchase machinery, to employ men to
1058	operate the same, and directly to have charge of and construct
1059	the projects of the authority in such manner as the board of
1060	directors may determine . The authority may undertake any such
1061	construction work with its own facilities, without public
1062	advertisement for bids.  The board of directors shall not be
1063	permitted to let contracts for projects of the authority or for
1064	purchases without public advertising and the receiving of bids
1065	in accordance with such terms and conditions of chapter 287,
1066	Florida Statutes.  The board of directors shall let contracts to
1067	the lowest responsible bidder.  However, the board may, in its
1068	discretion, reject any and all bids.
1069	Section 37.  Enforcement and penalties.--The board of
1070	directors or any aggrieved person may have recourse to such
1071	remedies in law and equity as may be necessary to ensure
1072	compliance with the provisions of this act, including injunctive
1073	relief to enjoin or restrain any person violating the provisions
1074	of this act and any bylaws, resolutions, regulations, rules,
1075	codes, and orders adopted under this act, and the court shall,
1076	upon proof of such violation, have the duty to issue forthwith
1077	such temporary and permanent injunctions as are necessary to
1078	prevent such further violations thereof.
1079	Section 38.  Investment of funds.--The board of directors
1080	may, in its discretion, invest funds of the authority in:
1081	(1)  Direct obligations of or obligations guaranteed by the
1082	United States of America or for the payment of principal and
1083	interest of which the faith and credit of the United States is
1084	pledged;
1085	(2)  Bonds or notes issued by any of the following Federal
1086	agencies: Bank for Cooperatives; Federal Intermediate Credit
1087	Banks; Federal Home Loan Banks System; Federal Land Banks; or
1088	the Federal National Mortgage Loan Association (including the
1089	debentures or participating certificates issued by such
1090	association);
1091	(3)  Public housing bonds issued by public housing
1092	authorities and secured by a pledge of annual contributions
1093	under an annual contribution contract or contracts with the
1094	United States of America;
1095	(4)  Bonds or other interest-bearing obligations of any
1096	county, district, city, or town located in the State of Florida
1097	for which the credit of such political subdivision is pledged;
1098	or
1099	(5)  Any investment authorized for insurers by chapter 625,
1100	Florida Statutes, inclusive, and amendments thereto.
1101	Section 39.  Fiscal year of the authority.--The board of
1102	directors has the power to establish and from time to time
1103	redetermine the fiscal year of the authority.
1104	Section 40.  Rulemaking.--The Florida Keys Aqueduct
1105	Authority Board, as constituted herein, and any successor agency
1106	or board may adopt rules necessary to meet environmental
1107	requirements imposed by federal agencies as a condition of
1108	funding.  Rules adopted by the Florida Keys Aqueduct Authority
1109	prior to May 18, 1983, (the effective date of chapter 83-468,
1110	Laws of Florida) contained in Part 7 of the Rules of the Florida
1111	Keys Aqueduct Authority, are hereby affirmed as a valid exercise
1112	of delegated legislative authority.
1113	Section 41.  All actions of the authority occurring prior
1114	to June 25, 1976, (the effective date of chapter 76-441, Laws of
1115	Florida) are hereby ratified.
1116	Section 4.  Chapters 76-441, 77-604, 77-605, 80-546, 83-
1117	468, 84-483, 84-484, 86-419, 87-454, 98-519, 2003-304, and 2003-
1118	327, Laws of Florida, are repealed.
1119	Section 5.  Liberal construction.--The provisions of this
1120	act shall be liberally construed to effect its purposes and
1121	shall be deemed cumulative, supplemental, and alternative
1122	authority for the exercise of the powers provided herein.
1123	Section 6.  Severability of provisions.--If any section,
1124	clause, sentence, amendment, or provision of this act or the
1125	application of such section, clause, sentence, amendment, or
1126	provision to any person or bodies or under any circumstances
1127	shall be held to be inoperative, invalid, or unconstitutional,
1128	the invalidity of such section, clause, sentence, amendment, or
1129	provision shall not be deemed held or taken to affect the
1130	validity or constitutionality of any of the remaining parts of
1131	this act, or amendments hereto, or the application of any of the
1132	provisions of this act to persons, bodies or in circumstances
1133	other than those as to which it or any part thereof shall have
1134	been held inoperative, invalid, or unconstitutional, and it is
1135	intended that this act shall be construed and applied as if any
1136	section, clause, sentence, amendment, or provision held
1137	inoperative, invalid, or unconstitutional had not been included
1138	in this act.
1139	Section 7.  In accordance with the provisions of law
1140	relating to elections currently in force, a referendum shall be
1141	called by the Florida Keys Aqueduct Authority and conducted by
1142	the Monroe County Supervisor of Elections, to be held no later
1143	than October 31, 2005, on the question of whether the Board of
1144	Directors of the Florida Keys Aqueduct Authority shall be
1145	elected by qualified electors rather than appointed by the
1146	Governor. If the question is approved by a majority vote of
1147	those qualified electors of Monroe County voting on the question
1148	in the referendum, section 4 of the charter contained in section
1149	3 of this act shall be superseded by the following:
1150	Section 4.  Board of directors; organization;
1151	qualification; term of office; quorum.--The Board of Directors
1152	of the Florida Keys Aqueduct Authority shall be the governing
1153	body of the authority and shall, subject to the provisions of
1154	this act, exercise the powers granted to the authority under
1155	this act. The board of directors shall consist of five members
1156	who shall each represent one of five districts which shall be
1157	coterminous with the districts of the Board of County
1158	Commissioners of Monroe County. Each member of the board of
1159	directors shall be a registered elector within Monroe County and
1160	shall have been a resident of the district for 6 months prior to
1161	the date of election. The members of the board shall be elected
1162	by the qualified electors of the county at large as follows: two
1163	members, representing districts one and two, shall be elected at
1164	the general election to be held in November 2006, and three
1165	members, representing districts three, four, and five, shall be
1166	elected at the general election to be held in November 2008.
1167	Each current member shall remain in office until his or her
1168	successor is elected and assumes the duties of the position. The
1169	terms of the members elected as provided in this section shall
1170	begin on the Tuesday 2 weeks following the general election. The
1171	board shall elect one of its members as chair and shall elect
1172	another member as secretary-treasurer. A majority of the members
1173	of the board shall constitute a quorum. No vacancy in the board
1174	shall impair the right of a quorum to exercise all the rights
1175	and perform all of the duties of the board. All members of the
1176	board shall be required to be bonded. Any vacancy occurring on
1177	the board shall be filled by appointment by the Governor for the
1178	duration of the unexpired term or until the next succeeding
1179	general election occurring more than 4 months after the vacancy
1180	occurs, whichever is the earliest. Any such election shall be to
1181	fill the unexpired term.
1182	Section 8.  Except as otherwise provided herein, this act
1183	shall take effect upon becoming a law.

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