HB 0987CS

CHAMBER ACTION



1The Finance & Tax Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the Lake County Water Authority
7district; amending, codifying, reenacting, and repealing
8special acts relating to the district in conformity to s.
9189.429, F.S.; providing district boundaries; providing
10purposes; providing for a governing body and prescribing
11its powers, duties, functions, membership, and
12organization; providing for partisan election of board
13members; providing duties of constitutional officers in
14Lake County with respect to the authority; providing a
15limit on the amount the authority may spend to educate the
16public regarding water issues; providing maximum millage
17limit; repealing chapters 29222 (1953), 57-1484, 59-1466,
1863-1507, 65-1787, 69-1209, 2000-492, and 2003-376, Laws of
19Florida, relating to the district; providing for a
20referendum on whether elections to the authority shall be
21partisan; providing a ballot statement; providing
22effective dates.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Pursuant to section 189.429, Florida Statutes,
27this act constitutes the codification of all special acts
28relating to the Lake County Water Authority district. It is the
29intent of the Legislature in enacting this law to provide a
30single act for the district. It is further the intent of the
31Legislature to preserve all district authority, including the
32authority to annually assess and levy taxes or assessments
33against all assessable property in the district.
34     Section 2.  Chapters 29222 (1953), 57-1484, 59-1466, 63-
351507, 65-1787, 69-1209, 2000-492, and 2003-376, Laws of Florida,
36relating to the Lake County Water Authority, are codified,
37amended, reenacted, and repealed as provided in this act.
38     Section 3.  The charter for the Lake County Water Authority
39district is re-created and reenacted to read:
40     Section 1.  Purpose.--For the purposes of controlling and
41conserving the freshwater resources of Lake County; fostering
42and improving the tourist business in the county by improvements
43to streams, lakes, and canals in the county; providing
44recreational facilities for tourists and citizens and taxpayers
45of the county by a more efficient use of the streams, lakes, and
46canals in the county; improving the fish and aquatic wildlife of
47the county by improving the streams, lakes, and canals in the
48county; and protecting the freshwater resources of Lake County
49through assisting local governments in treating of stormwater
50runoff by conserving fresh water to improve the streams, lakes,
51and canals in the county, there is created and incorporated a
52special taxing district extending territorially throughout the
53present limits of Lake County, Florida. The district shall be
54known and designated as the "Lake County Water Authority," but
55shall hereafter in this act, for convenience, be referred to as
56"the authority."
57     Section 2.  Territorial limits.--The territorial limits of
58the authority shall be coterminous with the boundaries of Lake
59County.
60     Section 3.  County purpose.--Each of the purposes for which
61the authority is created is declared to be a county purpose, for
62the accomplishment of which taxes upon all real and personal
63property within the territorial limits of the authority are by
64this act authorized to be levied, assessed, and collected.
65     Section 4.  Governing board; elections; surety.--A
66governing body for the authority is created, consisting of seven
67members who are residents of Lake County, which body shall be
68known and designated as the "Board of Trustees of the Lake
69County Water Authority," but which shall be referred to as "the
70board." Five of the members must each reside in a geographic
71area identical to a county commission district, to be elected by
72the electors of the county at large. Two of the members will be
73elected by the electors of the county at large without regard to
74their residence. On the second Tuesday following the general
75election in 2000, the term of office of each person serving on
76the board immediately before that date expires, and the members
77of the board shall be elected by the electors of Lake County in
78nonpartisan elections conducted by the supervisor of elections
79pursuant to section 189.405, Florida Statutes, in accordance
80with the Florida Election Code, chapters 97 through 106, Florida
81Statutes, beginning with the general election in 2000, for terms
82of 4 years beginning on the second Tuesday following the general
83election. For purposes of staggering terms, the members elected
84in 2000 from odd-numbered areas and the at-large member
85receiving the higher number of votes shall be elected to 4-year
86terms and the members elected from even-numbered areas and the
87at-large member receiving the lower number of votes shall be
88elected to 2-year terms. Thereafter, each member shall be
89elected for a term of 4 years, except that a person may not be
90elected to more than two consecutive 4-year terms. At the first
91meeting in December of each year or, during a year in which
92there is a general election, at a meeting held no later than 30
93days after the general election if the meeting and the election
94of officers have been advertised properly, the board shall
95select one of their number as chair and one as vice chair of the
96board. The Clerk of the Circuit Court of Lake County shall act
97as secretary and treasurer of the board without any additional
98compensation. In the event the provision pertaining to the
99duties of the clerk of the circuit court is for any reason held
100to be invalid, the board may select one of its members to serve
101as its secretary and treasurer, or it may appoint a nonmember of
102the board as its secretary and treasurer, and such nonmember
103shall receive compensation commensurate with the
104responsibilities as determined by the board. The board shall
105select a nonmember to serve as executive director of the
106authority, and such nonmember shall receive compensation
107commensurate with the responsibilities as determined by the
108board. The board shall require a surety bond of any person,
109including the clerk of the circuit court, who shall act as
110secretary and treasurer of the board. The amount of the surety
111bond will be determined by the board. This bond shall be in
112addition to any bond furnished by such person as clerk of the
113circuit court or as a member of the board. The premium of the
114bond shall be paid by the board as a necessary expense of
115operation.
116     Section 5.  Surety bond.--Each member of the board, before
117assuming his or her duties, shall give a good and sufficient
118surety bond in the sum of $2,500 payable to the Governor of the
119State of Florida and his or her successors in office,
120conditioned upon the faithful performance of his or her duties
121as a member of the board. Such bond must be approved by and
122filed with the Chief Financial Officer of the State of Florida,
123and the premium or premiums for such bond shall be paid by the
124board as a necessary expense.
125     Section 6.  Quorum; majority vote; entitlement to
126vote.--Four members of the board shall constitute a quorum for
127the transaction of business. A majority vote of all members
128present shall be necessary in order to authorize any action by
129the board. The chair shall be entitled to vote on all questions.
130     Section 7.  Board compensation.--Each member of the board
131shall receive $25 per day as compensation for his or her
132services when performing his or her duties.
133     Section 8.  Expenses.--Each member of the board and its
134engineers, auditors, attorneys, agents, and employees shall be
135paid their actual expenses incurred when engaged on business of
136the authority, but such expenses shall not be paid unless
137payment has been authorized and approved. The board may
138authorize and approve the payment of any expense, or it may
139delegate to the executive director the power to authorize such
140payment as long as, at the time it makes the delegation, it
141approves parameters, including, but not limited to, parameters
142on the amount that may be expended, within which the executive
143director may exercise that power. A separate delegation must be
144made with respect to any expenditure or class of expenditures.
145     Section 9.  Powers of board.--
146     (a)  The board has all the powers of a body corporate,
147including, but not limited to, the power to sue and be sued; to
148make contracts; to adopt and use a common seal and to alter the
149same as deemed expedient; to buy, acquire by condemnation or
150eminent domain in the manner prescribed for use by counties in
151Florida, sell, own, use, control, operate, improve, and lease
152all land and personal property as the board deems necessary or
153proper in carrying out the provisions of this act; to appoint
154and employ, and dismiss at pleasure, such engineers, auditors,
155attorneys, and other employees and agents as the board may
156require, and to fix and pay the compensation thereof; to
157establish an office for the transaction of its business in Lake
158County and to pay all necessary costs and expenses incident to
159the administration and operation thereof; and to pay all other
160costs and expenses reasonably necessary or expedient in carrying
161out and accomplishing the purposes of this act.
162     (b)  The authority may acquire by purchase, gift, lease,
163condemnation, eminent domain, or any other manner such lands
164within the territorial extent of the authority as are reasonably
165necessary for constructing and maintaining the works and making
166the improvements required to carry out the intent of this act,
167including, without limitation, the right to acquire by
168condemnation or eminent domain such lands and any interest
169therein reasonably necessary for any such purpose which may
170already be devoted to public use for county, municipal,
171district, railroad, or public utility purposes where and to the
172extent that the same may cross, intersect, or be situate upon or
173within the area of such land hereinbefore referred to. The
174authority shall also have the right to acquire by purchase,
175gift, lease, condemnation, or eminent domain, or in any other
176manner, land, timber, earth, rock, and other materials or
177property, and property rights, including riparian rights, in
178such amounts as are reasonably necessary or useful in the
179development of the works or improvements before referred to.
180Condemnation or eminent domain proceedings shall be maintained
181by and in the name of the authority, and the procedure shall be,
182except insofar as is altered hereby, that prescribed for use by
183counties in Florida.
184     (c)  The authority may take, exclusively occupy, use, and
185possess, insofar as is necessary for carrying out the provisions
186of this act, any areas of land owned by the state and within the
187territorial jurisdiction of the authority, not in use for state
188purposes, including, without limitation, swamps and overflowed
189lands, bottoms of streams, lakes, and rivers, and the riparian
190rights thereto pertaining, and, when so taken and occupied, due
191notice of such taking and occupancy having been filed with the
192Trustees of the Internal Improvement Trust Fund of the state by
193the authority, such areas of land are granted to and shall be
194the property of the authority. For the purposes of this section,
195the meaning of the term "use" shall include the removal of
196material from and the placing of material on any such land. In
197case it is held by any court of competent jurisdiction that
198there are any lands owned by the state which may not be so
199granted, the provisions of this section shall continue in full
200force and effect as to all other lands owned by the state and
201granted to the authority under this section. The provisions of
202this section are subject to all laws and regulations of the
203United States of America with respect to navigable waters.
204     (d)  In addition to all other powers conferred upon the
205board by this act, the board may enlarge, change, modify, or
206improve any stream, lake, or canal within the territorial limits
207of the authority and may clean out, straighten, enlarge, or
208change the course of any waterway or canal, natural or
209artificial, within the territorial limits of the authority; may
210provide such canals, locks, levees, dikes, dams, sluiceways,
211reservoirs, holding basins, floodways, pumping stations,
212buildings, bridges, highways, and other works and facilities
213that the board deems necessary; may cross any highway or railway
214with works of the district and hold, control, and acquire by
215donation, lease, purchase, or otherwise any land or personal
216property needed for carrying out the purpose of this act and may
217remove any building or other obstruction necessary for the
218construction, maintenance, and operation of such works. The
219improvements made or to be made under this act are sometimes
220referred to in this act as "the works" of the board. The board
221shall also have power to operate any and all works and
222improvements of the authority. The provisions of this section
223are subject to all laws and regulations of the United States of
224America with respect to navigable waters.
225     (e)  The board may take possession of and control, use,
226operate, and maintain all streams, lakes, canals, dams, locks,
227levees, dikes, sluiceways, reservoirs, holding basins,
228floodways, pumping stations, buildings, bridges, highways,
229navigation, and conservation works, and other works and
230facilities within the territorial limits of the authority to the
231extent only that such possession, control, and use have been
232deemed by the board, in its sole discretion, to be useful and
233necessary in carrying out the purposes of this act. Such
234possession, control, and use are subject to the rights of
235persons, firms, and corporations and the rights of Lake County
236and municipalities, districts, and political bodies in Lake
237County (which rights may be acquired by the authority by
238condemnation or eminent domain as provided for by this act).
239     (f)  The authority shall control all streams, including
240slow-moving streams, flowing from any of the water reservoirs in
241Lake County, whether natural or constructed, into the system of
242lakes and streams in or adjacent to Lake County for the
243protection of the natural water reservoirs and the adjacent and
244neighboring areas.
245     (g)  The board may grant licenses or permits for the
246construction and excavation of canals and ditches connecting
247with navigable waters; may establish, adopt, and administer
248rules governing the construction and excavation of canals and
249ditches with authority to prohibit any construction deemed by
250the board to be detrimental to the best interests of the public
251or purposes for which the authority was established; may do any
252and all things hereinafter authorized or required to be done;
253and may do any and all things, whether or not included in the
254powers enumerated in this act, necessary to accomplish the
255purposes of this act.
256     (h)  The board may enter into any agreement or contract
257with the Federal Government or the state, or any agency,
258political subdivision, or instrumentality of either; and
259counties adjoining Lake County; and municipalities and taxing
260districts in Lake County and in counties adjoining Lake County
261for the purpose of carrying out, or which in the judgment of the
262board may assist it in carrying out, the purposes of this act.
263     Section 10.  Receipt or use of property.--Lake County and
264all municipalities, districts, political bodies, and political
265subdivisions of the state in Lake County are severally
266authorized to grant, convey, or transfer to, and permit the use
267of by, the authority upon such terms and conditions as are
268agreeable to the governing bodies thereof real and personal
269property belonging to them which is necessary or useful to the
270authority in carrying out the purposes of this act.
271     Section 11.  Authority funds; warrants.--All authority
272funds shall be deposited in a bank or banks or federal or state
273savings and loan association to be designated by the board, but
274before any authority moneys are deposited in such depositary or
275depositaries, security shall be furnished the authority ample to
276protect such deposits to the full extent and amount that such
277deposits are not otherwise protected or insured by the Federal
278Deposit Insurance Corporation or the Federal Savings and Loan
279Insurance Corporation. Funds of the authority shall be paid out
280only upon warrant signed by the treasurer of the authority and
281countersigned by the chair or vice chair. No warrants shall be
282drawn or issued disbursing any of the funds of the authority
283except for a purpose authorized by this act and only when the
284account or expenditure for which the same is to be given in
285payment has been audited and approved by the board.
286     Section 12.  Budget; millage levied; procedure.--The board
287shall determine, annually on or before October 1, by resolution
288the amount of money that will be required to carry out the
289purposes of this act for the next ensuing fiscal year (which
290fiscal year shall be the same as that of Lake County) and the
291millage, which shall not exceed one-half of one mill, that will
292be required to be levied to produce the amount of money set
293forth in the resolution; however, the determination of the
294amount of money to be raised and the millage to be levied may be
295delayed until the board receives the necessary information. The
296authority shall allocate no more than 3.5 percent of its annual
297ad valorem budget for educational programs to educate and teach
298the public about water issues. Immediately upon the adoption of
299the resolution a certified copy thereof shall be furnished to
300the Board of County Commissioners of Lake County, and the Board
301of County Commissioners of Lake County shall, for the year named
302in the certified copy of the resolution, levy, assess, collect,
303and enforce taxes upon all taxable real and personal property
304within the authority. The procedure to be followed to accomplish
305the purpose of this section shall be as follows:
306     (a)  Assessment of property shall be as provided by general
307law.
308     (b)  The board shall by resolution determine the total
309amount to be raised by taxation in such year upon the taxable
310property within the authority and shall, in and by such
311resolution, fix and determine the millage on each dollar
312valuation of property on the assessment rolls, which, when
313levied, will raise the amount so determined as the total amount
314to be raised by taxation in that year, and in and by such
315resolution the board shall direct the Board of County
316Commissioners to levy, assess, and fix such millage as the rate
317of taxation upon all the taxable real and personal property
318within the authority.
319     (c)  A certified copy of such tax resolution executed in
320the name of the authority by its chair or vice chair and
321attested by its secretary, under its corporate seal, shall
322immediately be delivered to the Board of County Commissioners of
323Lake County.
324     (d)  It shall be the duty of the Board of County
325Commissioners, each year: to levy, assess, and fix the millage
326and the rate of taxation upon all the taxable real and personal
327property within the authority as set forth in the certified copy
328of the resolution of the board; to certify the millage to the
329Department of Revenue of the State of Florida; and to order the
330property appraiser of the county to levy and assess, and the
331county tax collector to collect, a tax at the millage fixed by
332the Board of County Commissioners upon all of the taxable real
333and personal property within the authority for the year, and the
334levies and assessments shall be included in the tax roll and
335warrant of the property appraiser of the county for each fiscal
336year thereafter. The tax collector of the county shall collect
337such taxes so levied by the board of county commissioners for
338the authority in lawful money of the United States of America in
339the same manner and at the same time as county taxes are
340collected and shall pay and remit the same upon collection to
341the board.
342     (e)  The Property Appraiser, Tax Collector, and Board of
343County Commissioners of Lake County and the Department of
344Revenue shall, when requested by the board, prepare from their
345official records and deliver to the board any and all
346information that may be requested from time to time from them
347regarding the tax valuations, levies, assessments, or
348collections in such county.
349     Section 13.  Collection of taxes; enforcement.--All taxes
350levied and assessed by the Board of County Commissioners of Lake
351County for the authority (beginning with the year 1953) shall be
352collected and the enforcement thereof shall be at the same time
353and in the same manner as other county taxes are collected and
354enforced and when so collected shall be paid over to the board
355for its use pursuant to this act.
356     Section 14.  Borrowing of funds; bond issuance.--
357     (a)  The board may borrow money at such time or times as it
358deems necessary to carry out the purposes of this act and to
359execute and deliver its promissory note or notes therefor
360bearing interest as fixed by the board; however, the board shall
361not borrow any sum of money or give its promissory note therefor
362for a period of time longer than 1 year, and the total amount of
363money borrowed and outstanding may not exceed $35,000 at any one
364time.
365     (b)  The board may issue bonds payable solely from revenues
366of the authority. The value of all such bonds outstanding at any
367time may not exceed an amount equal to one-third of the
368authority's anticipated revenues for the period for which the
369bonds are outstanding. Revenue bonds may not be issued unless
370their issuance has been approved by a majority of those electors
371of the authority voting in a referendum in which the ballot
372statement describes in detail the purpose for which the bonds
373will be issued.
374     Section 15.  Financial statement.--At least once in each
375year the board shall publish in some newspaper published in Lake
376County a complete detailed statement of its financial condition,
377including a list of all moneys received and disbursed by the
378board during the preceding year.
379     Section 16.  Construction.--It is the intention of the
380Legislature that the provisions of this act be liberally
381construed to accomplish its purposes.
382     Section 17.  Plan; annual report.--
383     (a)  The authority shall prepare a plan that describes the
384authority's goals for the ensuing 5 years. The plan must include
385projects that will be undertaken within that period in
386furtherance of its goals. The authority shall update the plan
387periodically.
388     (b)  The authority shall prepare a report annually which
389includes an evaluation and assessment of the effectiveness of
390the authority's activities in the preceding year. The report
391must address both ongoing activities of the authority and the
392progress in meeting goals and projects enumerated in the 5-year
393plan. The report shall be submitted to the Legislature, the St.
394Johns River Water Management District, and the Lake County Board
395of County Commissioners.
396     Section 18.  Charter amendment.--The district's charter may
397be amended only by the Legislature.
398     Section 4.  Chapters 29222 (1953), 57-1484, 59-1466, 63-
3991507, 65-1787, 69-1209, 2000-492, and 2003-376, Laws of Florida,
400are repealed.
401     Section 5.  Section 4 of section 3 of this act is amended
402to read:
403     Section 4.  Governing board; elections; surety.--A
404governing body for the authority is created, consisting of seven
405members who are residents of Lake County, which body shall be
406known and designated as the "Board of Trustees of the Lake
407County Water Authority," but which shall be referred to as "the
408board." Five of the members must each reside in a geographic
409area identical to a county commission district, to be elected by
410the electors of the county at large. Two of the members will be
411elected by the electors of the county at large without regard to
412their residence. On the second Tuesday following the general
413election in 2000, the term of office of each person serving on
414the board immediately before that date expires, and the members
415of the board shall be elected by the electors of Lake County in
416partisan nonpartisan elections conducted by the supervisor of
417elections pursuant to section 189.405, Florida Statutes, in
418accordance with the Florida Election Code, chapters 97 through
419106, Florida Statutes, beginning with the general election in
4202000, for terms of 4 years beginning on the second Tuesday
421following the general election. For purposes of staggering
422terms, the members elected in 2000 from odd-numbered areas and
423the at-large member receiving the higher number of votes shall
424be elected to 4-year terms and the members elected from even-
425numbered areas and the at-large member receiving the lower
426number of votes shall be elected to 2-year terms. Thereafter,
427each member shall be elected for a term of 4 years, except that
428a person may not be elected to more than two consecutive 4-year
429terms. At the first meeting in December of each year or, during
430a year in which there is a general election, at a meeting held
431no later than 30 days after the general election if the meeting
432and the election of officers have been advertised properly, the
433board shall select one of their number as chair and one as vice
434chair of the board. The Clerk of the Circuit Court of Lake
435County shall act as secretary and treasurer of the board without
436any additional compensation. In the event the provision
437pertaining to the duties of the clerk of the circuit court is
438for any reason held to be invalid, the board may select one of
439its members to serve as its secretary and treasurer, or it may
440appoint a nonmember of the board as its secretary and treasurer,
441and such nonmember shall receive compensation commensurate with
442the responsibilities as determined by the board. The board shall
443select a nonmember to serve as executive director of the
444authority, and such nonmember shall receive compensation
445commensurate with the responsibilities as determined by the
446board. The board shall require a surety bond of any person,
447including the clerk of the circuit court, who shall act as
448secretary and treasurer of the board. The amount of the surety
449bond will be determined by the board. This bond shall be in
450addition to any bond furnished by such person as clerk of the
451circuit court or as a member of the board. The premium of the
452bond shall be paid by the board as a necessary expense of
453operation.
454     Section 6.  The provisions of section 5 shall take effect
455only upon express approval by a majority vote of those qualified
456electors of the Lake County Water Authority district voting in a
457referendum to be called by the Lake County Supervisor of
458Elections and to be held in conjunction with the next general
459election, in accordance with the provisions of law currently in
460force in the district. The question to be placed on the ballot
461shall be in substantially the following form:
462
463Shall the members of the Lake County Water Authority be elected
464in partisan elections?
465
466Yes
467
468No
469     Section 7.  Except as otherwise provided for section 5 of
470this act, this act shall take effect upon becoming a law.


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