Senate Bill sb2660
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Florida Senate - 2005 (NP) SB 2660
By Senator Baker
20-999A-05 See HB 987
1 A bill to be entitled
2 An act relating to the Lake County Water
3 Authority district; amending, codifying,
4 reenacting, and repealing special acts relating
5 to the district in conformity to s. 189.429,
6 F.S.; providing district boundaries; providing
7 purposes; providing for a governing body and
8 prescribing its powers, duties, functions,
9 membership, and organization; providing for
10 partisan election of board members; providing
11 duties of constitutional officers in Lake
12 County with respect to the authority; providing
13 a limit on the amount the authority may spend
14 to educate the public regarding water issues;
15 providing maximum millage limit; repealing
16 chapters 29222 (1953), 57-1484, 59-1466,
17 63-1507, 65-1787, 69-1209, 2000-492, and
18 2003-376, Laws of Florida, relating to the
19 district; providing for a referendum on whether
20 elections to the authority shall be partisan;
21 providing a ballot statement; providing
22 effective dates.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Pursuant to section 189.429, Florida
27 Statutes, this act constitutes the codification of all special
28 acts relating to the Lake County Water Authority district. It
29 is the intent of the Legislature in enacting this law to
30 provide a single act for the district. It is further the
31 intent of the Legislature to preserve all district authority,
1
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Florida Senate - 2005 (NP) SB 2660
20-999A-05 See HB 987
1 including the authority to annually assess and levy taxes or
2 assessments against all assessable property in the district.
3 Section 2. Chapters 29222 (1953), 57-1484, 59-1466,
4 63-1507, 65-1787, 69-1209, 2000-492, and 2003-376, Laws of
5 Florida, relating to the Lake County Water Authority, are
6 codified, amended, reenacted, and repealed as provided in this
7 act.
8 Section 3. The charter for the Lake County Water
9 Authority district is re-created and reenacted to read:
10 Section 1. Purpose.--For the purposes of controlling
11 and conserving the freshwater resources of Lake County;
12 fostering and improving the tourist business in the county by
13 improvements to streams, lakes, and canals in the county;
14 providing recreational facilities for tourists and citizens
15 and taxpayers of the county by a more efficient use of the
16 streams, lakes, and canals in the county; improving the fish
17 and aquatic wildlife of the county by improving the streams,
18 lakes, and canals in the county; and protecting the freshwater
19 resources of Lake County through assisting local governments
20 in treating of stormwater runoff by conserving fresh water to
21 improve the streams, lakes, and canals in the county, there is
22 created and incorporated a special taxing district extending
23 territorially throughout the present limits of Lake County,
24 Florida. The district shall be known and designated as the
25 "Lake County Water Authority," but shall hereafter in this
26 act, for convenience, be referred to as "the authority."
27 Section 2. Territorial limits.--The territorial limits
28 of the authority shall be coterminous with the boundaries of
29 Lake County.
30 Section 3. County purpose.--Each of the purposes for
31 which the authority is created is declared to be a county
2
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Florida Senate - 2005 (NP) SB 2660
20-999A-05 See HB 987
1 purpose, for the accomplishment of which taxes upon all real
2 and personal property within the territorial limits of the
3 authority are by this act authorized to be levied, assessed,
4 and collected.
5 Section 4. Governing board; elections; surety.--A
6 governing body for the authority is created, consisting of
7 seven members who are residents of Lake County, which body
8 shall be known and designated as the "Board of Trustees of the
9 Lake County Water Authority," but which shall be referred to
10 as "the board." Five of the members must each reside in a
11 geographic area identical to a county commission district, to
12 be elected by the electors of the county at large. Two of the
13 members will be elected by the electors of the county at large
14 without regard to their residence. On the second Tuesday
15 following the general election in 2000, the term of office of
16 each person serving on the board immediately before that date
17 expires, and the members of the board shall be elected by the
18 electors of Lake County in nonpartisan elections conducted by
19 the supervisor of elections pursuant to section 189.405,
20 Florida Statutes, in accordance with the Florida Election
21 Code, chapters 97 through 106, Florida Statutes, beginning
22 with the general election in 2000, for terms of 4 years
23 beginning on the second Tuesday following the general
24 election. For purposes of staggering terms, the members
25 elected in 2000 from odd-numbered areas and the at-large
26 member receiving the higher number of votes shall be elected
27 to 4-year terms and the members elected from even-numbered
28 areas and the at-large member receiving the lower number of
29 votes shall be elected to 2-year terms. Thereafter, each
30 member shall be elected for a term of 4 years, except that a
31 person may not be elected to more than two consecutive 4-year
3
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Florida Senate - 2005 (NP) SB 2660
20-999A-05 See HB 987
1 terms. At the first meeting in December of each year or,
2 during a year in which there is a general election, at a
3 meeting held no later than 30 days after the general election
4 if the meeting and the election of officers have been
5 advertised properly, the board shall select one of their
6 number as chair and one as vice chair of the board. The Clerk
7 of the Circuit Court of Lake County shall act as secretary and
8 treasurer of the board without any additional compensation. In
9 the event the provision pertaining to the duties of the clerk
10 of the circuit court is for any reason held to be invalid, the
11 board may select one of its members to serve as its secretary
12 and treasurer, or it may appoint a nonmember of the board as
13 its secretary and treasurer, and such nonmember shall receive
14 compensation commensurate with the responsibilities as
15 determined by the board. The board shall select a nonmember to
16 serve as executive director of the authority, and such
17 nonmember shall receive compensation commensurate with the
18 responsibilities as determined by the board. The board shall
19 require a surety bond of any person, including the clerk of
20 the circuit court, who shall act as secretary and treasurer of
21 the board. The amount of the surety bond will be determined by
22 the board. This bond shall be in addition to any bond
23 furnished by such person as clerk of the circuit court or as a
24 member of the board. The premium of the bond shall be paid by
25 the board as a necessary expense of operation.
26 Section 5. Surety bond.--Each member of the board,
27 before assuming his or her duties, shall give a good and
28 sufficient surety bond in the sum of $2,500 payable to the
29 Governor of the State of Florida and his or her successors in
30 office, conditioned upon the faithful performance of his or
31 her duties as a member of the board. Such bond must be
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Florida Senate - 2005 (NP) SB 2660
20-999A-05 See HB 987
1 approved by and filed with the Chief Financial Officer of the
2 State of Florida, and the premium or premiums for such bond
3 shall be paid by the board as a necessary expense.
4 Section 6. Quorum; majority vote; entitlement to
5 vote.--Four members of the board shall constitute a quorum for
6 the transaction of business. A majority vote of all members
7 present shall be necessary in order to authorize any action by
8 the board. The chair shall be entitled to vote on all
9 questions.
10 Section 7. Board compensation.--Each member of the
11 board shall receive $25 per day as compensation for his or her
12 services when performing his or her duties.
13 Section 8. Expenses.--Each member of the board and its
14 engineers, auditors, attorneys, agents, and employees shall be
15 paid their actual expenses incurred when engaged on business
16 of the authority, but such expenses shall not be paid unless
17 payment has been authorized and approved. The board may
18 authorize and approve the payment of any expense, or it may
19 delegate to the executive director the power to authorize such
20 payment as long as, at the time it makes the delegation, it
21 approves parameters, including, but not limited to, parameters
22 on the amount that may be expended, within which the executive
23 director may exercise that power. A separate delegation must
24 be made with respect to any expenditure or class of
25 expenditures.
26 Section 9. Powers of board.--
27 (a) The board has all the powers of a body corporate,
28 including, but not limited to, the power to sue and be sued;
29 to make contracts; to adopt and use a common seal and to alter
30 the same as deemed expedient; to buy, acquire by condemnation
31 or eminent domain in the manner prescribed for use by counties
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Florida Senate - 2005 (NP) SB 2660
20-999A-05 See HB 987
1 in Florida, sell, own, use, control, operate, improve, and
2 lease all land and personal property as the board deems
3 necessary or proper in carrying out the provisions of this
4 act; to appoint and employ, and dismiss at pleasure, such
5 engineers, auditors, attorneys, and other employees and agents
6 as the board may require, and to fix and pay the compensation
7 thereof; to establish an office for the transaction of its
8 business in Lake County and to pay all necessary costs and
9 expenses incident to the administration and operation thereof;
10 and to pay all other costs and expenses reasonably necessary
11 or expedient in carrying out and accomplishing the purposes of
12 this act.
13 (b) The authority may acquire by purchase, gift,
14 lease, condemnation, eminent domain, or any other manner such
15 lands within the territorial extent of the authority as are
16 reasonably necessary for constructing and maintaining the
17 works and making the improvements required to carry out the
18 intent of this act, including, without limitation, the right
19 to acquire by condemnation or eminent domain such lands and
20 any interest therein reasonably necessary for any such purpose
21 which may already be devoted to public use for county,
22 municipal, district, railroad, or public utility purposes
23 where and to the extent that the same may cross, intersect, or
24 be situate upon or within the area of such land hereinbefore
25 referred to. The authority shall also have the right to
26 acquire by purchase, gift, lease, condemnation, or eminent
27 domain, or in any other manner, land, timber, earth, rock, and
28 other materials or property, and property rights, including
29 riparian rights, in such amounts as are reasonably necessary
30 or useful in the development of the works or improvements
31 before referred to. Condemnation or eminent domain proceedings
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Florida Senate - 2005 (NP) SB 2660
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1 shall be maintained by and in the name of the authority, and
2 the procedure shall be, except insofar as is altered hereby,
3 that prescribed for use by counties in Florida.
4 (c) The authority may take, exclusively occupy, use,
5 and possess, insofar as is necessary for carrying out the
6 provisions of this act, any areas of land owned by the state
7 and within the territorial jurisdiction of the authority, not
8 in use for state purposes, including, without limitation,
9 swamps and overflowed lands, bottoms of streams, lakes, and
10 rivers, and the riparian rights thereto pertaining, and, when
11 so taken and occupied, due notice of such taking and occupancy
12 having been filed with the Trustees of the Internal
13 Improvement Trust Fund of the state by the authority, such
14 areas of land are granted to and shall be the property of the
15 authority. For the purposes of this section, the meaning of
16 the term "use" shall include the removal of material from and
17 the placing of material on any such land. In case it is held
18 by any court of competent jurisdiction that there are any
19 lands owned by the state which may not be so granted, the
20 provisions of this section shall continue in full force and
21 effect as to all other lands owned by the state and granted to
22 the authority under this section. The provisions of this
23 section are subject to all laws and regulations of the United
24 States of America with respect to navigable waters.
25 (d) In addition to all other powers conferred upon the
26 board by this act, the board may enlarge, change, modify, or
27 improve any stream, lake, or canal within the territorial
28 limits of the authority and may clean out, straighten,
29 enlarge, or change the course of any waterway or canal,
30 natural or artificial, within the territorial limits of the
31 authority; may provide such canals, locks, levees, dikes,
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Florida Senate - 2005 (NP) SB 2660
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1 dams, sluiceways, reservoirs, holding basins, floodways,
2 pumping stations, buildings, bridges, highways, and other
3 works and facilities that the board deems necessary; may cross
4 any highway or railway with works of the district and hold,
5 control, and acquire by donation, lease, purchase, or
6 otherwise any land or personal property needed for carrying
7 out the purpose of this act and may remove any building or
8 other obstruction necessary for the construction, maintenance,
9 and operation of such works. The improvements made or to be
10 made under this act are sometimes referred to in this act as
11 "the works" of the board. The board shall also have power to
12 operate any and all works and improvements of the authority.
13 The provisions of this section are subject to all laws and
14 regulations of the United States of America with respect to
15 navigable waters.
16 (e) The board may take possession of and control, use,
17 operate, and maintain all streams, lakes, canals, dams, locks,
18 levees, dikes, sluiceways, reservoirs, holding basins,
19 floodways, pumping stations, buildings, bridges, highways,
20 navigation, and conservation works, and other works and
21 facilities within the territorial limits of the authority to
22 the extent only that such possession, control, and use have
23 been deemed by the board, in its sole discretion, to be useful
24 and necessary in carrying out the purposes of this act. Such
25 possession, control, and use are subject to the rights of
26 persons, firms, and corporations and the rights of Lake County
27 and municipalities, districts, and political bodies in Lake
28 County (which rights may be acquired by the authority by
29 condemnation or eminent domain as provided for by this act).
30 (f) The authority shall control all streams, including
31 slow-moving streams, flowing from any of the water reservoirs
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Florida Senate - 2005 (NP) SB 2660
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1 in Lake County, whether natural or constructed, into the
2 system of lakes and streams in or adjacent to Lake County for
3 the protection of the natural water reservoirs and the
4 adjacent and neighboring areas.
5 (g) The board may grant licenses or permits for the
6 construction and excavation of canals and ditches connecting
7 with navigable waters; may establish, adopt, and administer
8 rules governing the construction and excavation of canals and
9 ditches with authority to prohibit any construction deemed by
10 the board to be detrimental to the best interests of the
11 public or purposes for which the authority was established;
12 may do any and all things hereinafter authorized or required
13 to be done; and may do any and all things, whether or not
14 included in the powers enumerated in this act, necessary to
15 accomplish the purposes of this act.
16 (h) The board may enter into any agreement or contract
17 with the Federal Government or the state, or any agency,
18 political subdivision, or instrumentality of either; and
19 counties adjoining Lake County; and municipalities and taxing
20 districts in Lake County and in counties adjoining Lake County
21 for the purpose of carrying out, or which in the judgment of
22 the board may assist it in carrying out, the purposes of this
23 act.
24 Section 10. Receipt or use of property.--Lake County
25 and all municipalities, districts, political bodies, and
26 political subdivisions of the state in Lake County are
27 severally authorized to grant, convey, or transfer to, and
28 permit the use of by, the authority upon such terms and
29 conditions as are agreeable to the governing bodies thereof
30 real and personal property belonging to them which is
31
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Florida Senate - 2005 (NP) SB 2660
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1 necessary or useful to the authority in carrying out the
2 purposes of this act.
3 Section 11. Authority funds; warrants.--All authority
4 funds shall be deposited in a bank or banks or federal or
5 state savings and loan association to be designated by the
6 board, but before any authority moneys are deposited in such
7 depositary or depositaries, security shall be furnished the
8 authority ample to protect such deposits to the full extent
9 and amount that such deposits are not otherwise protected or
10 insured by the Federal Deposit Insurance Corporation or the
11 Federal Savings and Loan Insurance Corporation. Funds of the
12 authority shall be paid out only upon warrant signed by the
13 treasurer of the authority and countersigned by the chair or
14 vice chair. No warrants shall be drawn or issued disbursing
15 any of the funds of the authority except for a purpose
16 authorized by this act and only when the account or
17 expenditure for which the same is to be given in payment has
18 been audited and approved by the board.
19 Section 12. Budget; millage levied; procedure.--The
20 board shall determine, annually on or before October 1, by
21 resolution the amount of money that will be required to carry
22 out the purposes of this act for the next ensuing fiscal year
23 (which fiscal year shall be the same as that of Lake County)
24 and the millage, which shall not exceed one-half of one mill,
25 that will be required to be levied to produce the amount of
26 money set forth in the resolution; however, the determination
27 of the amount of money to be raised and the millage to be
28 levied may be delayed until the board receives the necessary
29 information. The authority shall allocate no more than 3.5
30 percent of its annual ad valorem budget for educational
31 programs to educate and teach the public about water issues.
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Florida Senate - 2005 (NP) SB 2660
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1 Immediately upon the adoption of the resolution a certified
2 copy thereof shall be furnished to the Board of County
3 Commissioners of Lake County, and the Board of County
4 Commissioners of Lake County shall, for the year named in the
5 certified copy of the resolution, levy, assess, collect, and
6 enforce taxes upon all taxable real and personal property
7 within the authority. The procedure to be followed to
8 accomplish the purpose of this section shall be as follows:
9 (a) Assessment of property shall be as provided by
10 general law.
11 (b) The board shall by resolution determine the total
12 amount to be raised by taxation in such year upon the taxable
13 property within the authority and shall, in and by such
14 resolution, fix and determine the millage on each dollar
15 valuation of property on the assessment rolls, which, when
16 levied, will raise the amount so determined as the total
17 amount to be raised by taxation in that year, and in and by
18 such resolution the board shall direct the Board of County
19 Commissioners to levy, assess, and fix such millage as the
20 rate of taxation upon all the taxable real and personal
21 property within the authority.
22 (c) A certified copy of such tax resolution executed
23 in the name of the authority by its chair or vice chair and
24 attested by its secretary, under its corporate seal, shall
25 immediately be delivered to the Board of County Commissioners
26 of Lake County.
27 (d) It shall be the duty of the Board of County
28 Commissioners, each year: to levy, assess, and fix the millage
29 and the rate of taxation upon all the taxable real and
30 personal property within the authority as set forth in the
31 certified copy of the resolution of the board; to certify the
11
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Florida Senate - 2005 (NP) SB 2660
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1 millage to the Department of Revenue of the State of Florida;
2 and to order the property appraiser of the county to levy and
3 assess, and the county tax collector to collect, a tax at the
4 millage fixed by the Board of County Commissioners upon all of
5 the taxable real and personal property within the authority
6 for the year, and the levies and assessments shall be included
7 in the tax roll and warrant of the property appraiser of the
8 county for each fiscal year thereafter. The tax collector of
9 the county shall collect such taxes so levied by the board of
10 county commissioners for the authority in lawful money of the
11 United States of America in the same manner and at the same
12 time as county taxes are collected and shall pay and remit the
13 same upon collection to the board.
14 (e) The Property Appraiser, Tax Collector, and Board
15 of County Commissioners of Lake County and the Department of
16 Revenue shall, when requested by the board, prepare from their
17 official records and deliver to the board any and all
18 information that may be requested from time to time from them
19 regarding the tax valuations, levies, assessments, or
20 collections in such county.
21 Section 13. Collection of taxes; enforcement.--All
22 taxes levied and assessed by the Board of County Commissioners
23 of Lake County for the authority (beginning with the year
24 1953) shall be collected and the enforcement thereof shall be
25 at the same time and in the same manner as other county taxes
26 are collected and enforced and when so collected shall be paid
27 over to the board for its use pursuant to this act.
28 Section 14. Borrowing of funds; bond issuance.--
29 (a) The board may borrow money at such time or times
30 as it deems necessary to carry out the purposes of this act
31 and to execute and deliver its promissory note or notes
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Florida Senate - 2005 (NP) SB 2660
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1 therefor bearing interest as fixed by the board; however, the
2 board shall not borrow any sum of money or give its promissory
3 note therefor for a period of time longer than 1 year, and the
4 total amount of money borrowed and outstanding may not exceed
5 $35,000 at any one time.
6 (b) The board may issue bonds payable solely from
7 revenues of the authority. The value of all such bonds
8 outstanding at any time may not exceed an amount equal to
9 one-third of the authority's anticipated revenues for the
10 period for which the bonds are outstanding. Revenue bonds may
11 not be issued unless their issuance has been approved by a
12 majority of those electors of the authority voting in a
13 referendum in which the ballot statement describes in detail
14 the purpose for which the bonds will be issued.
15 Section 15. Financial statement.--At least once in
16 each year the board shall publish in some newspaper published
17 in Lake County a complete detailed statement of its financial
18 condition, including a list of all moneys received and
19 disbursed by the board during the preceding year.
20 Section 16. Exemption of authority property.--All real
21 and personal property owned, leased, controlled, or used by
22 the authority is exempt from all county, municipal, taxing
23 district, and other ad valorem taxes and special assessments
24 for benefits.
25 Section 17. Construction.--It is the intention of the
26 Legislature that the provisions of this act be liberally
27 construed to accomplish its purposes.
28 Section 18. Plan; annual report.--
29 (a) The authority shall prepare a plan that describes
30 the authority's goals for the ensuing 5 years. The plan must
31 include projects that will be undertaken within that period in
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1 furtherance of its goals. The authority shall update the plan
2 periodically.
3 (b) The authority shall prepare a report annually
4 which includes an evaluation and assessment of the
5 effectiveness of the authority's activities in the preceding
6 year. The report must address both ongoing activities of the
7 authority and the progress in meeting goals and projects
8 enumerated in the 5-year plan. The report shall be submitted
9 to the Legislature, the St. Johns River Water Management
10 District, and the Lake County Board of County Commissioners.
11 Section 19. Charter amendment.--The district's charter
12 may be amended only by the Legislature.
13 Section 4. Chapters 29222 (1953), 57-1484, 59-1466,
14 63-1507, 65-1787, 69-1209, 2000-492, and 2003-376, Laws of
15 Florida, are repealed.
16 Section 5. Section 4 of section 3 of this act is
17 amended to read:
18 Section 4. Governing board; elections; surety.--A
19 governing body for the authority is created, consisting of
20 seven members who are residents of Lake County, which body
21 shall be known and designated as the "Board of Trustees of the
22 Lake County Water Authority," but which shall be referred to
23 as "the board." Five of the members must each reside in a
24 geographic area identical to a county commission district, to
25 be elected by the electors of the county at large. Two of the
26 members will be elected by the electors of the county at large
27 without regard to their residence. On the second Tuesday
28 following the general election in 2000, the term of office of
29 each person serving on the board immediately before that date
30 expires, and the members of the board shall be elected by the
31 electors of Lake County in partisan nonpartisan elections
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Florida Senate - 2005 (NP) SB 2660
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1 conducted by the supervisor of elections pursuant to section
2 189.405, Florida Statutes, in accordance with the Florida
3 Election Code, chapters 97 through 106, Florida Statutes,
4 beginning with the general election in 2000, for terms of 4
5 years beginning on the second Tuesday following the general
6 election. For purposes of staggering terms, the members
7 elected in 2000 from odd-numbered areas and the at-large
8 member receiving the higher number of votes shall be elected
9 to 4-year terms and the members elected from even-numbered
10 areas and the at-large member receiving the lower number of
11 votes shall be elected to 2-year terms. Thereafter, each
12 member shall be elected for a term of 4 years, except that a
13 person may not be elected to more than two consecutive 4-year
14 terms. At the first meeting in December of each year or,
15 during a year in which there is a general election, at a
16 meeting held no later than 30 days after the general election
17 if the meeting and the election of officers have been
18 advertised properly, the board shall select one of their
19 number as chair and one as vice chair of the board. The Clerk
20 of the Circuit Court of Lake County shall act as secretary and
21 treasurer of the board without any additional compensation. In
22 the event the provision pertaining to the duties of the clerk
23 of the circuit court is for any reason held to be invalid, the
24 board may select one of its members to serve as its secretary
25 and treasurer, or it may appoint a nonmember of the board as
26 its secretary and treasurer, and such nonmember shall receive
27 compensation commensurate with the responsibilities as
28 determined by the board. The board shall select a nonmember to
29 serve as executive director of the authority, and such
30 nonmember shall receive compensation commensurate with the
31 responsibilities as determined by the board. The board shall
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Florida Senate - 2005 (NP) SB 2660
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1 require a surety bond of any person, including the clerk of
2 the circuit court, who shall act as secretary and treasurer of
3 the board. The amount of the surety bond will be determined by
4 the board. This bond shall be in addition to any bond
5 furnished by such person as clerk of the circuit court or as a
6 member of the board. The premium of the bond shall be paid by
7 the board as a necessary expense of operation.
8 Section 6. The provisions of section 5 shall take
9 effect only upon express approval by a majority vote of those
10 qualified electors of the Lake County Water Authority district
11 voting in a referendum to be called by the Lake County
12 Supervisor of Elections and to be held in conjunction with the
13 next general election, in accordance with the provisions of
14 law currently in force in the district. The question to be
15 placed on the ballot shall be in substantially the following
16 form:
17
18 Shall the members of the Lake County Water Authority be
19 elected in partisan elections?
20
21 Yes
22
23 No
24 Section 7. Except as otherwise provided for section 5
25 of this act, this act shall take effect upon becoming a law.
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