HB 987

1
A bill to be entitled
2An act relating to the Lake County Water Authority
3district; amending, codifying, reenacting, and repealing
4special acts relating to the district in conformity to s.
5189.429, F.S.; providing district boundaries; providing
6purposes; providing for a governing body and prescribing
7its powers, duties, functions, membership, and
8organization; providing for partisan election of board
9members; providing duties of constitutional officers in
10Lake County with respect to the authority; providing a
11limit on the amount the authority may spend to educate the
12public regarding water issues; providing maximum millage
13limit; repealing chapters 29222 (1953), 57-1484, 59-1466,
1463-1507, 65-1787, 69-1209, 2000-492, and 2003-376, Laws of
15Florida, relating to the district; providing for a
16referendum on whether elections to the authority shall be
17partisan; providing a ballot statement; providing
18effective dates.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Pursuant to section 189.429, Florida Statutes,
23this act constitutes the codification of all special acts
24relating to the Lake County Water Authority district. It is the
25intent of the Legislature in enacting this law to provide a
26single act for the district. It is further the intent of the
27Legislature to preserve all district authority, including the
28authority to annually assess and levy taxes or assessments
29against all assessable property in the district.
30     Section 2.  Chapters 29222 (1953), 57-1484, 59-1466, 63-
311507, 65-1787, 69-1209, 2000-492, and 2003-376, Laws of Florida,
32relating to the Lake County Water Authority, are codified,
33amended, reenacted, and repealed as provided in this act.
34     Section 3.  The charter for the Lake County Water Authority
35district is re-created and reenacted to read:
36     Section 1.  Purpose.--For the purposes of controlling and
37conserving the freshwater resources of Lake County; fostering
38and improving the tourist business in the county by improvements
39to streams, lakes, and canals in the county; providing
40recreational facilities for tourists and citizens and taxpayers
41of the county by a more efficient use of the streams, lakes, and
42canals in the county; improving the fish and aquatic wildlife of
43the county by improving the streams, lakes, and canals in the
44county; and protecting the freshwater resources of Lake County
45through assisting local governments in treating of stormwater
46runoff by conserving fresh water to improve the streams, lakes,
47and canals in the county, there is created and incorporated a
48special taxing district extending territorially throughout the
49present limits of Lake County, Florida. The district shall be
50known and designated as the "Lake County Water Authority," but
51shall hereafter in this act, for convenience, be referred to as
52"the authority."
53     Section 2.  Territorial limits.--The territorial limits of
54the authority shall be coterminous with the boundaries of Lake
55County.
56     Section 3.  County purpose.--Each of the purposes for which
57the authority is created is declared to be a county purpose, for
58the accomplishment of which taxes upon all real and personal
59property within the territorial limits of the authority are by
60this act authorized to be levied, assessed, and collected.
61     Section 4.  Governing board; elections; surety.--A
62governing body for the authority is created, consisting of seven
63members who are residents of Lake County, which body shall be
64known and designated as the "Board of Trustees of the Lake
65County Water Authority," but which shall be referred to as "the
66board." Five of the members must each reside in a geographic
67area identical to a county commission district, to be elected by
68the electors of the county at large. Two of the members will be
69elected by the electors of the county at large without regard to
70their residence. On the second Tuesday following the general
71election in 2000, the term of office of each person serving on
72the board immediately before that date expires, and the members
73of the board shall be elected by the electors of Lake County in
74nonpartisan elections conducted by the supervisor of elections
75pursuant to section 189.405, Florida Statutes, in accordance
76with the Florida Election Code, chapters 97 through 106, Florida
77Statutes, beginning with the general election in 2000, for terms
78of 4 years beginning on the second Tuesday following the general
79election. For purposes of staggering terms, the members elected
80in 2000 from odd-numbered areas and the at-large member
81receiving the higher number of votes shall be elected to 4-year
82terms and the members elected from even-numbered areas and the
83at-large member receiving the lower number of votes shall be
84elected to 2-year terms. Thereafter, each member shall be
85elected for a term of 4 years, except that a person may not be
86elected to more than two consecutive 4-year terms. At the first
87meeting in December of each year or, during a year in which
88there is a general election, at a meeting held no later than 30
89days after the general election if the meeting and the election
90of officers have been advertised properly, the board shall
91select one of their number as chair and one as vice chair of the
92board. The Clerk of the Circuit Court of Lake County shall act
93as secretary and treasurer of the board without any additional
94compensation. In the event the provision pertaining to the
95duties of the clerk of the circuit court is for any reason held
96to be invalid, the board may select one of its members to serve
97as its secretary and treasurer, or it may appoint a nonmember of
98the board as its secretary and treasurer, and such nonmember
99shall receive compensation commensurate with the
100responsibilities as determined by the board. The board shall
101select a nonmember to serve as executive director of the
102authority, and such nonmember shall receive compensation
103commensurate with the responsibilities as determined by the
104board. The board shall require a surety bond of any person,
105including the clerk of the circuit court, who shall act as
106secretary and treasurer of the board. The amount of the surety
107bond will be determined by the board. This bond shall be in
108addition to any bond furnished by such person as clerk of the
109circuit court or as a member of the board. The premium of the
110bond shall be paid by the board as a necessary expense of
111operation.
112     Section 5.  Surety bond.--Each member of the board, before
113assuming his or her duties, shall give a good and sufficient
114surety bond in the sum of $2,500 payable to the Governor of the
115State of Florida and his or her successors in office,
116conditioned upon the faithful performance of his or her duties
117as a member of the board. Such bond must be approved by and
118filed with the Chief Financial Officer of the State of Florida,
119and the premium or premiums for such bond shall be paid by the
120board as a necessary expense.
121     Section 6.  Quorum; majority vote; entitlement to
122vote.--Four members of the board shall constitute a quorum for
123the transaction of business. A majority vote of all members
124present shall be necessary in order to authorize any action by
125the board. The chair shall be entitled to vote on all questions.
126     Section 7.  Board compensation.--Each member of the board
127shall receive $25 per day as compensation for his or her
128services when performing his or her duties.
129     Section 8.  Expenses.--Each member of the board and its
130engineers, auditors, attorneys, agents, and employees shall be
131paid their actual expenses incurred when engaged on business of
132the authority, but such expenses shall not be paid unless
133payment has been authorized and approved. The board may
134authorize and approve the payment of any expense, or it may
135delegate to the executive director the power to authorize such
136payment as long as, at the time it makes the delegation, it
137approves parameters, including, but not limited to, parameters
138on the amount that may be expended, within which the executive
139director may exercise that power. A separate delegation must be
140made with respect to any expenditure or class of expenditures.
141     Section 9.  Powers of board.--
142     (a)  The board has all the powers of a body corporate,
143including, but not limited to, the power to sue and be sued; to
144make contracts; to adopt and use a common seal and to alter the
145same as deemed expedient; to buy, acquire by condemnation or
146eminent domain in the manner prescribed for use by counties in
147Florida, sell, own, use, control, operate, improve, and lease
148all land and personal property as the board deems necessary or
149proper in carrying out the provisions of this act; to appoint
150and employ, and dismiss at pleasure, such engineers, auditors,
151attorneys, and other employees and agents as the board may
152require, and to fix and pay the compensation thereof; to
153establish an office for the transaction of its business in Lake
154County and to pay all necessary costs and expenses incident to
155the administration and operation thereof; and to pay all other
156costs and expenses reasonably necessary or expedient in carrying
157out and accomplishing the purposes of this act.
158     (b)  The authority may acquire by purchase, gift, lease,
159condemnation, eminent domain, or any other manner such lands
160within the territorial extent of the authority as are reasonably
161necessary for constructing and maintaining the works and making
162the improvements required to carry out the intent of this act,
163including, without limitation, the right to acquire by
164condemnation or eminent domain such lands and any interest
165therein reasonably necessary for any such purpose which may
166already be devoted to public use for county, municipal,
167district, railroad, or public utility purposes where and to the
168extent that the same may cross, intersect, or be situate upon or
169within the area of such land hereinbefore referred to. The
170authority shall also have the right to acquire by purchase,
171gift, lease, condemnation, or eminent domain, or in any other
172manner, land, timber, earth, rock, and other materials or
173property, and property rights, including riparian rights, in
174such amounts as are reasonably necessary or useful in the
175development of the works or improvements before referred to.
176Condemnation or eminent domain proceedings shall be maintained
177by and in the name of the authority, and the procedure shall be,
178except insofar as is altered hereby, that prescribed for use by
179counties in Florida.
180     (c)  The authority may take, exclusively occupy, use, and
181possess, insofar as is necessary for carrying out the provisions
182of this act, any areas of land owned by the state and within the
183territorial jurisdiction of the authority, not in use for state
184purposes, including, without limitation, swamps and overflowed
185lands, bottoms of streams, lakes, and rivers, and the riparian
186rights thereto pertaining, and, when so taken and occupied, due
187notice of such taking and occupancy having been filed with the
188Trustees of the Internal Improvement Trust Fund of the state by
189the authority, such areas of land are granted to and shall be
190the property of the authority. For the purposes of this section,
191the meaning of the term "use" shall include the removal of
192material from and the placing of material on any such land. In
193case it is held by any court of competent jurisdiction that
194there are any lands owned by the state which may not be so
195granted, the provisions of this section shall continue in full
196force and effect as to all other lands owned by the state and
197granted to the authority under this section. The provisions of
198this section are subject to all laws and regulations of the
199United States of America with respect to navigable waters.
200     (d)  In addition to all other powers conferred upon the
201board by this act, the board may enlarge, change, modify, or
202improve any stream, lake, or canal within the territorial limits
203of the authority and may clean out, straighten, enlarge, or
204change the course of any waterway or canal, natural or
205artificial, within the territorial limits of the authority; may
206provide such canals, locks, levees, dikes, dams, sluiceways,
207reservoirs, holding basins, floodways, pumping stations,
208buildings, bridges, highways, and other works and facilities
209that the board deems necessary; may cross any highway or railway
210with works of the district and hold, control, and acquire by
211donation, lease, purchase, or otherwise any land or personal
212property needed for carrying out the purpose of this act and may
213remove any building or other obstruction necessary for the
214construction, maintenance, and operation of such works. The
215improvements made or to be made under this act are sometimes
216referred to in this act as "the works" of the board. The board
217shall also have power to operate any and all works and
218improvements of the authority. The provisions of this section
219are subject to all laws and regulations of the United States of
220America with respect to navigable waters.
221     (e)  The board may take possession of and control, use,
222operate, and maintain all streams, lakes, canals, dams, locks,
223levees, dikes, sluiceways, reservoirs, holding basins,
224floodways, pumping stations, buildings, bridges, highways,
225navigation, and conservation works, and other works and
226facilities within the territorial limits of the authority to the
227extent only that such possession, control, and use have been
228deemed by the board, in its sole discretion, to be useful and
229necessary in carrying out the purposes of this act. Such
230possession, control, and use are subject to the rights of
231persons, firms, and corporations and the rights of Lake County
232and municipalities, districts, and political bodies in Lake
233County (which rights may be acquired by the authority by
234condemnation or eminent domain as provided for by this act).
235     (f)  The authority shall control all streams, including
236slow-moving streams, flowing from any of the water reservoirs in
237Lake County, whether natural or constructed, into the system of
238lakes and streams in or adjacent to Lake County for the
239protection of the natural water reservoirs and the adjacent and
240neighboring areas.
241     (g)  The board may grant licenses or permits for the
242construction and excavation of canals and ditches connecting
243with navigable waters; may establish, adopt, and administer
244rules governing the construction and excavation of canals and
245ditches with authority to prohibit any construction deemed by
246the board to be detrimental to the best interests of the public
247or purposes for which the authority was established; may do any
248and all things hereinafter authorized or required to be done;
249and may do any and all things, whether or not included in the
250powers enumerated in this act, necessary to accomplish the
251purposes of this act.
252     (h)  The board may enter into any agreement or contract
253with the Federal Government or the state, or any agency,
254political subdivision, or instrumentality of either; and
255counties adjoining Lake County; and municipalities and taxing
256districts in Lake County and in counties adjoining Lake County
257for the purpose of carrying out, or which in the judgment of the
258board may assist it in carrying out, the purposes of this act.
259     Section 10.  Receipt or use of property.--Lake County and
260all municipalities, districts, political bodies, and political
261subdivisions of the state in Lake County are severally
262authorized to grant, convey, or transfer to, and permit the use
263of by, the authority upon such terms and conditions as are
264agreeable to the governing bodies thereof real and personal
265property belonging to them which is necessary or useful to the
266authority in carrying out the purposes of this act.
267     Section 11.  Authority funds; warrants.--All authority
268funds shall be deposited in a bank or banks or federal or state
269savings and loan association to be designated by the board, but
270before any authority moneys are deposited in such depositary or
271depositaries, security shall be furnished the authority ample to
272protect such deposits to the full extent and amount that such
273deposits are not otherwise protected or insured by the Federal
274Deposit Insurance Corporation or the Federal Savings and Loan
275Insurance Corporation. Funds of the authority shall be paid out
276only upon warrant signed by the treasurer of the authority and
277countersigned by the chair or vice chair. No warrants shall be
278drawn or issued disbursing any of the funds of the authority
279except for a purpose authorized by this act and only when the
280account or expenditure for which the same is to be given in
281payment has been audited and approved by the board.
282     Section 12.  Budget; millage levied; procedure.--The board
283shall determine, annually on or before October 1, by resolution
284the amount of money that will be required to carry out the
285purposes of this act for the next ensuing fiscal year (which
286fiscal year shall be the same as that of Lake County) and the
287millage, which shall not exceed one-half of one mill, that will
288be required to be levied to produce the amount of money set
289forth in the resolution; however, the determination of the
290amount of money to be raised and the millage to be levied may be
291delayed until the board receives the necessary information. The
292authority shall allocate no more than 3.5 percent of its annual
293ad valorem budget for educational programs to educate and teach
294the public about water issues. Immediately upon the adoption of
295the resolution a certified copy thereof shall be furnished to
296the Board of County Commissioners of Lake County, and the Board
297of County Commissioners of Lake County shall, for the year named
298in the certified copy of the resolution, levy, assess, collect,
299and enforce taxes upon all taxable real and personal property
300within the authority. The procedure to be followed to accomplish
301the purpose of this section shall be as follows:
302     (a)  Assessment of property shall be as provided by general
303law.
304     (b)  The board shall by resolution determine the total
305amount to be raised by taxation in such year upon the taxable
306property within the authority and shall, in and by such
307resolution, fix and determine the millage on each dollar
308valuation of property on the assessment rolls, which, when
309levied, will raise the amount so determined as the total amount
310to be raised by taxation in that year, and in and by such
311resolution the board shall direct the Board of County
312Commissioners to levy, assess, and fix such millage as the rate
313of taxation upon all the taxable real and personal property
314within the authority.
315     (c)  A certified copy of such tax resolution executed in
316the name of the authority by its chair or vice chair and
317attested by its secretary, under its corporate seal, shall
318immediately be delivered to the Board of County Commissioners of
319Lake County.
320     (d)  It shall be the duty of the Board of County
321Commissioners, each year: to levy, assess, and fix the millage
322and the rate of taxation upon all the taxable real and personal
323property within the authority as set forth in the certified copy
324of the resolution of the board; to certify the millage to the
325Department of Revenue of the State of Florida; and to order the
326property appraiser of the county to levy and assess, and the
327county tax collector to collect, a tax at the millage fixed by
328the Board of County Commissioners upon all of the taxable real
329and personal property within the authority for the year, and the
330levies and assessments shall be included in the tax roll and
331warrant of the property appraiser of the county for each fiscal
332year thereafter. The tax collector of the county shall collect
333such taxes so levied by the board of county commissioners for
334the authority in lawful money of the United States of America in
335the same manner and at the same time as county taxes are
336collected and shall pay and remit the same upon collection to
337the board.
338     (e)  The Property Appraiser, Tax Collector, and Board of
339County Commissioners of Lake County and the Department of
340Revenue shall, when requested by the board, prepare from their
341official records and deliver to the board any and all
342information that may be requested from time to time from them
343regarding the tax valuations, levies, assessments, or
344collections in such county.
345     Section 13.  Collection of taxes; enforcement.--All taxes
346levied and assessed by the Board of County Commissioners of Lake
347County for the authority (beginning with the year 1953) shall be
348collected and the enforcement thereof shall be at the same time
349and in the same manner as other county taxes are collected and
350enforced and when so collected shall be paid over to the board
351for its use pursuant to this act.
352     Section 14.  Borrowing of funds; bond issuance.--
353     (a)  The board may borrow money at such time or times as it
354deems necessary to carry out the purposes of this act and to
355execute and deliver its promissory note or notes therefor
356bearing interest as fixed by the board; however, the board shall
357not borrow any sum of money or give its promissory note therefor
358for a period of time longer than 1 year, and the total amount of
359money borrowed and outstanding may not exceed $35,000 at any one
360time.
361     (b)  The board may issue bonds payable solely from revenues
362of the authority. The value of all such bonds outstanding at any
363time may not exceed an amount equal to one-third of the
364authority's anticipated revenues for the period for which the
365bonds are outstanding. Revenue bonds may not be issued unless
366their issuance has been approved by a majority of those electors
367of the authority voting in a referendum in which the ballot
368statement describes in detail the purpose for which the bonds
369will be issued.
370     Section 15.  Financial statement.--At least once in each
371year the board shall publish in some newspaper published in Lake
372County a complete detailed statement of its financial condition,
373including a list of all moneys received and disbursed by the
374board during the preceding year.
375     Section 16.  Construction.--It is the intention of the
376Legislature that the provisions of this act be liberally
377construed to accomplish its purposes.
378     Section 17.  Plan; annual report.--
379     (a)  The authority shall prepare a plan that describes the
380authority's goals for the ensuing 5 years. The plan must include
381projects that will be undertaken within that period in
382furtherance of its goals. The authority shall update the plan
383periodically.
384     (b)  The authority shall prepare a report annually which
385includes an evaluation and assessment of the effectiveness of
386the authority's activities in the preceding year. The report
387must address both ongoing activities of the authority and the
388progress in meeting goals and projects enumerated in the 5-year
389plan. The report shall be submitted to the Legislature, the St.
390Johns River Water Management District, and the Lake County Board
391of County Commissioners.
392     Section 18.  Charter amendment.--The district's charter may
393be amended only by the Legislature.
394     Section 4.  Chapters 29222 (1953), 57-1484, 59-1466, 63-
3951507, 65-1787, 69-1209, 2000-492, and 2003-376, Laws of Florida,
396are repealed.
397     Section 5.  Section 4 of section 3 of this act is amended
398to read:
399     Section 4.  Governing board; elections; surety.--A
400governing body for the authority is created, consisting of seven
401members who are residents of Lake County, which body shall be
402known and designated as the "Board of Trustees of the Lake
403County Water Authority," but which shall be referred to as "the
404board." Five of the members must each reside in a geographic
405area identical to a county commission district, to be elected by
406the electors of the county at large. Two of the members will be
407elected by the electors of the county at large without regard to
408their residence. On the second Tuesday following the general
409election in 2000, the term of office of each person serving on
410the board immediately before that date expires, and the members
411of the board shall be elected by the electors of Lake County in
412partisan nonpartisan elections conducted by the supervisor of
413elections pursuant to section 189.405, Florida Statutes, in
414accordance with the Florida Election Code, chapters 97 through
415106, Florida Statutes, beginning with the general election in
4162000, for terms of 4 years beginning on the second Tuesday
417following the general election. For purposes of staggering
418terms, the members elected in 2000 from odd-numbered areas and
419the at-large member receiving the higher number of votes shall
420be elected to 4-year terms and the members elected from even-
421numbered areas and the at-large member receiving the lower
422number of votes shall be elected to 2-year terms. Thereafter,
423each member shall be elected for a term of 4 years, except that
424a person may not be elected to more than two consecutive 4-year
425terms. At the first meeting in December of each year or, during
426a year in which there is a general election, at a meeting held
427no later than 30 days after the general election if the meeting
428and the election of officers have been advertised properly, the
429board shall select one of their number as chair and one as vice
430chair of the board. The Clerk of the Circuit Court of Lake
431County shall act as secretary and treasurer of the board without
432any additional compensation. In the event the provision
433pertaining to the duties of the clerk of the circuit court is
434for any reason held to be invalid, the board may select one of
435its members to serve as its secretary and treasurer, or it may
436appoint a nonmember of the board as its secretary and treasurer,
437and such nonmember shall receive compensation commensurate with
438the responsibilities as determined by the board. The board shall
439select a nonmember to serve as executive director of the
440authority, and such nonmember shall receive compensation
441commensurate with the responsibilities as determined by the
442board. The board shall require a surety bond of any person,
443including the clerk of the circuit court, who shall act as
444secretary and treasurer of the board. The amount of the surety
445bond will be determined by the board. This bond shall be in
446addition to any bond furnished by such person as clerk of the
447circuit court or as a member of the board. The premium of the
448bond shall be paid by the board as a necessary expense of
449operation.
450     Section 6.  The provisions of section 5 shall take effect
451only upon express approval by a majority vote of those qualified
452electors of the Lake County Water Authority district voting in a
453referendum to be called by the Lake County Supervisor of
454Elections and to be held in conjunction with the next general
455election, in accordance with the provisions of law currently in
456force in the district. The question to be placed on the ballot
457shall be in substantially the following form:
458
459Shall the members of the Lake County Water Authority be elected
460in partisan elections?
461
462Yes
463
464No
465     Section 7.  Except as otherwise provided for section 5 of
466this act, this act shall take effect upon becoming a law.


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