HB 1203

1
A bill to be entitled
2An act relating to the St. Johns Water Control District,
3Indian River County; codifying, amending, and reenacting
4special acts relating to the district; fixing and
5prescribing boundaries of said district; making the
6provisions of chapter 298, F.S., applicable thereto;
7providing for the levy, collection, and enforcement of
8installment and maintenance taxes by said district at the
9same time and in like manner as county taxes; providing
10that said taxes shall be extended by the county on the
11county tax roll and shall be collected by the tax
12collector in the same manner and time as county taxes;
13providing for the same discounts and penalties as county
14taxes; providing for the compensation of the county and
15tax collector; providing that district taxes shall be a
16lien on lands against which taxes are levied of equal
17dignity with county and other taxes; providing that the
18approval of the board of drainage commissioners is not
19required to issue bonds; providing for floating
20indebtedness of the district; providing that payment of
21taxes in advance is not authorized; providing that use of
22bonds and interest coupons in payment of taxes is not
23authorized; providing that the board may enter into
24certain covenants and agreements with holders of bonds;
25providing that water is a common enemy; providing for
26compensation of the board of supervisors; providing
27additional powers of the board; providing for severability
28of the provisions of the act; repealing chapters 65-812
29and 69-1162, Laws of Florida, relating to the district;
30providing an effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  (1)  The reenactment of existing law in this
35act shall not be construed as a grant of additional authority to
36nor to supersede the authority of any entity pursuant to law.
37Exceptions to law contained in any special act that are
38reenacted pursuant to this act shall continue to apply.
39     (2)  The reenactment of existing law in this act shall not
40be construed to modify, amend, or alter any covenants,
41contracts, or other obligations of the district with respect to
42bonded indebtedness. Nothing pertaining to the reenactment of
43existing law in this act shall be construed to affect the
44ability of the district to levy and collect taxes, assessments,
45fees, or charges for the purpose of redeeming or servicing
46bonded indebtedness of the district.
47     Section 2.  Chapters 65-812 and 69-1162, Laws of Florida,
48are codified, reenacted, amended, and repealed as provided in
49this act.
50     Section 3.  The St. Johns Water Control District is re-
51created, and the charter for such district is re-created and
52reenacted to read:
53     Section 1.  The decree of the Circuit Court in and for the
54Ninth Judicial Circuit, Indian River County, Florida, entered in
55Case No. 5736 on May 14, 1962, creating and incorporating the
56St. Johns Water Control District, an independent special
57district, under chapter 298, Florida Statutes, and the decree of
58said court revising and correcting the boundaries of the
59district entered on October 25, 1963, and an order correcting a
60clerical error in the decree revising and correcting the
61boundaries of the district on December 27, 1963, and all
62subsequent proceedings taken in said circuit court concerning
63said district are hereby ratified, confirmed, and approved,
64including its territorial boundaries as follows:
65
66From the center of Section 5, township 33 South, Range
6738 East, run West along the centerline of Highway 60
68through Sections 5 and 6, and in Township 33 South,
69Range 37 East continue west along the centerline of
70State Highway 60 through Sections 1, 2, 3, 4, 5 and 6
71to the West boundary of Section 6; thence South along
72the West boundary of Sections 6, 7, 18 and 19 to the
73Southwest corner of Section 19; thence East along the
74south boundary of Section 19 to the Southeast corner
75of said Section 19; thence South along the West
76boundary of Sections 29 and 32 to the Southwest corner
77of Section 32; thence Easterly along the South
78boundary of Sections 32, 33, 34, 35 and 36 to the
79Southeast corner of Section 36, all lying in Township
8033 South, Range 37 East; thence in Township 33 South,
81Range 38 East, run Easterly along the South boundary
82of Sections 31 and 32 to the Southeast corner of
83Section 32; thence run North to the Northeast corner
84of Section 29, Township 33 South, Range 38 East;
85thence run Easterly to the Southeast corner of Section
8621, Township 33 South, Range 38 East; thence Northerly
87along the East boundaries of Sections 21 and 16 to the
88Northeast corner of the Southeast one-quarter (SE 1/4)
89of Section 16, Township 33 South, Range 38 East;
90thence Westerly to the center of Section 16; thence
91Northerly to the Northeast corner of the Northwest
92one-quarter (NW 1/4) of Section 16; thence Westerly to
93the Southeast corner of Section 8; thence North to the
94Northeast corner of Section 8; thence Westerly to the
95Southeast corner of the Southwest one-quarter (SW 1/4)
96of Section 5; thence North to the center of Section 5
97and the point of beginning.  Including 27,743.40
98acres.
99
100     Section 2.  The provisions of the general drainage laws of
101Florida applicable to drainage districts or subdrainage
102districts which are embodied in chapter 298, Florida Statutes,
103and all of the laws amendatory thereof, now existing or
104hereafter enacted, so far as not inconsistent with this act, are
105hereby declared to be applicable to said St. Johns Water Control
106District.
107     Section 3.  Taxes shall be levied and apportioned as
108provided for in the general drainage laws of Florida (chapter
109298, Florida Statutes, and amendments thereto), except as
110otherwise provided herein. The board of supervisors shall
111determine, order, and levy the amount of the annual installments
112of the total taxes levied under sections 298.50 and 298.54,
113Florida Statutes, which shall become due and be collected during
114each year at the same time that county taxes are due and
115collected, which said annual installment and levy shall be
116evidenced to and certified by the said board not later than
117August l of each year, to Indian River County. Said tax shall be
118extended by the county on the county tax roll and shall be
119collected by the tax collector in the same manner and time as
120county taxes, and the proceeds thereof paid to said district.
121Said tax shall be a lien until paid on the property against
122which assessed, and enforceable in like manner as county taxes.
123     Section 4.  Maintenance taxes as provided for under section
124298.54, Florida Statutes, shall be apportioned upon the basis of
125the net assessments of benefits assessed as accruing for
126original construction, and shall be evidenced to and certified
127by the board of supervisors not later than August 31 of each
128year, to Indian River County, and shall be extended by the
129county on the county tax roll and shall be collected by the tax
130collector in the same manner and time as county taxes and the
131proceeds therefrom paid to said district. Said tax shall be a
132lien until paid on the property against which assessed and
133enforceable in like manner as county taxes.
134     Section 5.  The collection and enforcement of all taxes
135levied by said district shall be at the same time and in like
136manner as county taxes, and the provisions of the Florida
137Statutes relating to the sale of lands for unpaid and delinquent
138county taxes, the issuance, sale, and delivery of tax
139certificates for such unpaid and delinquent county taxes, the
140redemption thereof, the issuance to individuals of tax deeds
141based thereon, and all other procedures in connection therewith,
142shall be applicable to said district and the delinquent and
143unpaid taxes of said district to the same extent as if said
144statutory provisions were expressly set forth in this act. All
145taxes shall be subject to the same discounts as county taxes.
146All discounts allowed shall be a charge against the maintenance
147tax only.
148     Section 6.  All taxes levied by the district shall be and
149become delinquent and bear penalties on the amount of said taxes
150in the same manner as county taxes.
151     Section 7.  (1)  Indian River County shall be paid annually
152an amount equal to 1 percent of the total taxes of the district
153and the Tax Collector of Indian River County shall be paid
154annually an amount equal to 1 percent of the total taxes of the
155district collected, for their respective services to the St.
156Johns Water Control District in said county for respectively
157assessing and collecting said drainage district taxes, provided,
158however, that the total amount to be paid to said county and
159said tax collector in any one year shall not exceed the sum of
160$1,500 to each. All compensation paid the property appraiser and
161the tax collector shall be paid from the proceeds of the
162maintenance tax.
163     (2)  The services of said county and said county tax
164collector in assessing and collecting said drainage district
165taxes are hereby declared to be special services performed
166directly for said district and the amounts paid therefor shall
167not be considered a part of the general income of their
168respective offices, nor shall it come under the provisions of
169sections 116.03, 145.10, and 145.11, Florida Statutes. The
170personnel required to do said special work shall be paid for
171such special services by the county or the tax collector, as the
172case may be, from the receipts provided for such purpose.
173     Section 8.  All drainage taxes levied by the district,
174together with all penalties for default in payment of the same
175and all costs in collecting the same, shall constitute a lien of
176equal dignity with the liens for county taxes, and other taxes
177of equal dignity with county taxes, upon all the lands against
178which said taxes shall be levied. A sale of any of the lands
179within the district for county or other taxes shall not operate
180to relieve or release the lands so sold from the lien for
181subsequent installments of district taxes, which lien may be
182enforced against such lands as though no such sale thereof had
183been made.
184     Section 9.  The board of supervisors may issue bonds under
185the provisions of chapter 298, Florida Statutes, without the
186approval of the Board of Drainage Commissioners of the State of
187Florida, as provided for in section 298.47, Florida Statutes.
188     Section 10.  (1)  After the levy of maintenance taxes for
189any year, the board of supervisors may from time to time issue
190warrants or negotiable notes or other evidences of indebtedness
191of the district, which shall be payable solely from such
192maintenance taxes and shall not be issued in an amount greater
193than the amount of such maintenance taxes then unpaid less the
194amount of any of such notes then outstanding. All such notes
195shall mature not later than 1 year from the date of issuance
196thereof, shall bear interest at a rate or rates not exceeding 6
197percent per annum, and shall have such other details as shall be
198provided in the resolution or resolutions of the board of
199supervisors authorizing the issuance thereof.
200     (2)  After the authorization of any bonds under the
201provisions of chapter 298, Florida Statutes, the board of
202supervisors may from time to time issue bond anticipation notes
203in anticipation of the issuance of such bonds, and the amount
204thereof shall not exceed the amount of bonds authorized and not
205issued. Such notes shall all mature not later than 1 year after
206the date thereof and may be renewed for a further period not
207exceeding 1 year, but all of such notes, including the renewals
208thereof, shall mature not later than 2 years from the date
209thereof. Such bond anticipation notes shall be paid from the
210proceeds of such bonds when issued, or from any taxes levied for
211the payment of such bonds which have been authorized, but in
212such case a like amount of the bonds authorized shall not be
213issued. The proceeds of any bond anticipation notes shall be
214used solely for the purposes provided in the resolution which
215authorized the issuance of the bonds in anticipation of which
216bond anticipation notes are issued.
217     Section 11.  The provisions of section 298.73, Florida
218Statutes, and amendments and successors thereof, relating to the
219use of bonds and obligations in payment of drainage taxes, shall
220not be applicable to said district and its bonds, obligations,
221and taxes.
222     Section 12.  The board of supervisors of the district shall
223have the power, in the resolution or other proceedings
224authorizing the issuance of any bonds, to enter into valid and
225legally binding covenants and agreements with the holders of
226such bonds as to the custody and security of the proceeds of
227said bonds, or of any bond anticipation notes issued in
228anticipation thereof, the custody and security of any debt
229service funds, including reserves, and the appointment of banks
230or trust companies as trustee to hold such construction funds
231and debt service and reserve funds, the rank or priority as
232between the bonds originally issued by the district, and any
233bonds thereafter issued and terms and conditions under which any
234bonds can be issued by the district after the original bonds or
235notes have been issued to finance the cost of the drainage
236improvements or works, and such other covenants and conditions
237as shall be deemed necessary and advisable by the board of
238supervisors in accordance with bond market practices and in
239order to better secure the payment of such bonds and the
240marketability thereof. All such covenants and agreements shall
241be and constitute valid and legally binding obligations of the
242district and the state does hereby covenant that it will not by
243any legislation hereafter in any manner repeal, modify, or
244impair the rights, remedies, and security of the holders of any
245bonds or other obligations issued by the district.
246     Section 13.  The district shall also have power to covenant
247and agree with the holders of such bonds that all of the fees
248and expenses for the levy and collection of taxes in said
249district and of any trustees or other custodians of the bond
250proceeds or of the construction funds or debt service funds or
251reserves therefor, or the cost of the expenses of any annual
252audits or of any other annually recurring services or costs
253shall be paid from the maintenance taxes to be collected in each
254year with said district and not from the proceeds of any bonds
255or other obligations issued by said district.
256     Section 14.  It is hereby declared that, in said district,
257surface waters, which shall include rainfall and the overflow of
258rivers and streams, are a common enemy, and the said district
259and any individual or agency holding a permit to do so from said
260district shall have the right to dike, dam, and construct levees
261to protect the said district or any part thereof, or the
262property of said individual or agency against the same, and
263thereby divert the course and flow of such surface water and or
264pump the water from within such dikes and levees.
265     Section 15.  Each supervisor shall be paid for his or her
266services a per diem of $25 for each day actually engaged in work
267pertaining to the said district; but the said supervisors shall
268not in any one month be paid more than $100 each, except that in
269addition to the said per diem, they shall be paid 10 cents per
270mile for each mile actually traveled in going to and from their
271place of residence to the place of meeting.
272     Section 16.  It shall be unlawful for any person, firm, or
273corporation to connect or to maintain a connection of any farm
274ditch with any of the canals, ditches, laterals, or waterways
275constructed, controlled, or maintained by St. Johns Water
276Control District in Indian River County, except in accordance
277with plans and specifications showing the method of such
278connection as prescribed by the board of supervisors of said
279district. Any violation of this act shall be punished as
280prescribed by the general law for punishment of misdemeanors.
281The board of supervisors shall also have the right and power to
282cause any such connection constructed or maintained in violation
283of this act to be blocked or stopped up.
284     Section 17.  The Board of Supervisors of St. Johns Water
285Control District in Indian River County, in order to effect the
286drainage, reclamation, and protection of lands in said district,
287is hereby authorized to construct, install, and maintain locks,
288dams, and other works and facilities in the canals, ditches, and
289drains in said district and elsewhere.
290     Section 18.  The St. Johns Water Control District is hereby
291authorized to grant such permits as it shall deem proper in
292allowing any access over, under, or across its lands.
293     Section 19.  In case any one or more of the sections or
294provisions of this act or the application of such sections or
295provisions to any situation, circumstance, or person shall for
296any reason be held to be unconstitutional, such
297unconstitutionality shall not affect any other sections or
298provisions to any other situation, circumstance, or person, and
299it is intended that this law shall be construed and applied as
300if such section or provision had not been included herein for
301any unconstitutional application.
302     Section 4.  Chapters 65-812 and 69-1162, Laws of Florida,
303are repealed.
304     Section 5.  This act shall take effect upon becoming a law.


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