HB 1203CS

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 St. Johns Water Control District,
7Indian River County; codifying, amending, and reenacting
8special acts relating to the district; fixing and
9prescribing boundaries of said district; making the
10provisions of chapter 298, F.S., applicable thereto;
11providing for the levy, collection, and enforcement of
12installment and maintenance taxes by said district at the
13same time and in like manner as county taxes; providing
14that said taxes shall be extended by the county on the
15county tax roll and shall be collected by the tax
16collector in the same manner and time as county taxes;
17providing for the same discounts and penalties as county
18taxes; providing for the compensation of the county
19property appraiser and tax collector; providing that
20district taxes shall be a lien on lands against which
21taxes are levied of equal dignity with county and other
22taxes; providing that the approval of the board of
23drainage commissioners is not required to issue bonds;
24providing for floating indebtedness of the district;
25providing that payment of taxes in advance is not
26authorized; providing that use of bonds and interest
27coupons in payment of taxes is not authorized; providing
28that the board may enter into certain covenants and
29agreements with holders of bonds; providing that water is
30a common enemy; providing for compensation of the board of
31supervisors; providing additional powers of the board;
32providing for severability of the provisions of the act;
33repealing chapters 65-812 and 69-1162, Laws of Florida,
34relating to the district; providing an effective date.
35
36Be It Enacted by the Legislature of the State of Florida:
37
38     Section 1.  (1)  The reenactment of existing law in this
39act shall not be construed as a grant of additional authority to
40nor to supersede the authority of any entity pursuant to law.
41Exceptions to law contained in any special act that are
42reenacted pursuant to this act shall continue to apply.
43     (2)  The reenactment of existing law in this act shall not
44be construed to modify, amend, or alter any covenants,
45contracts, or other obligations of the district with respect to
46bonded indebtedness. Nothing pertaining to the reenactment of
47existing law in this act shall be construed to affect the
48ability of the district to levy and collect taxes, assessments,
49fees, or charges for the purpose of redeeming or servicing
50bonded indebtedness of the district.
51     Section 2.  Chapters 65-812 and 69-1162, Laws of Florida,
52are codified, reenacted, amended, and repealed as provided in
53this act.
54     Section 3.  The St. Johns Water Control District is re-
55created, and the charter for such district is re-created and
56reenacted to read:
57     Section 1.  The decree of the Circuit Court in and for the
58Ninth Judicial Circuit, Indian River County, Florida, entered in
59Case No. 5736 on May 14, 1962, creating and incorporating the
60St. Johns Water Control District, an independent special
61district, under chapter 298, Florida Statutes, and the decree of
62said court revising and correcting the boundaries of the
63district entered on October 25, 1963, and an order correcting a
64clerical error in the decree revising and correcting the
65boundaries of the district on December 27, 1963, and all
66subsequent proceedings taken in said circuit court concerning
67said district are hereby ratified, confirmed, and approved,
68including its territorial boundaries as follows:
69
70From the center of Section 5, township 33 South, Range
7138 East, run West along the centerline of Highway 60
72through Sections 5 and 6, and in Township 33 South,
73Range 37 East continue west along the centerline of
74State Highway 60 through Sections 1, 2, 3, 4, 5 and 6
75to the West boundary of Section 6; thence South along
76the West boundary of Sections 6, 7, 18 and 19 to the
77Southwest corner of Section 19; thence East along the
78south boundary of Section 19 to the Southeast corner
79of said Section 19; thence South along the West
80boundary of Sections 29 and 32 to the Southwest corner
81of Section 32; thence Easterly along the South
82boundary of Sections 32, 33, 34, 35 and 36 to the
83Southeast corner of Section 36, all lying in Township
8433 South, Range 37 East; thence in Township 33 South,
85Range 38 East, run Easterly along the South boundary
86of Sections 31 and 32 to the Southeast corner of
87Section 32; thence run North to the Northeast corner
88of Section 29, Township 33 South, Range 38 East;
89thence run Easterly to the Southeast corner of Section
9021, Township 33 South, Range 38 East; thence Northerly
91along the East boundaries of Sections 21 and 16 to the
92Northeast corner of the Southeast one-quarter (SE 1/4)
93of Section 16, Township 33 South, Range 38 East;
94thence Westerly to the center of Section 16; thence
95Northerly to the Northeast corner of the Northwest
96one-quarter (NW 1/4) of Section 16; thence Westerly to
97the Southeast corner of Section 8; thence North to the
98Northeast corner of Section 8; thence Westerly to the
99Southeast corner of the Southwest one-quarter (SW 1/4)
100of Section 5; thence North to the center of Section 5
101and the point of beginning. Including 27,743.40 acres.
102
103     Section 2.  The provisions of the general drainage laws of
104Florida applicable to drainage districts or subdrainage
105districts which are embodied in chapter 298, Florida Statutes,
106and all of the laws amendatory thereof, now existing or
107hereafter enacted, so far as not inconsistent with this act, are
108hereby declared to be applicable to said St. Johns Water Control
109District.
110     Section 3.  Taxes shall be levied and apportioned as
111provided for in the general drainage laws of Florida (chapter
112298, Florida Statutes, and amendments thereto), except as
113otherwise provided herein. The board of supervisors shall
114determine, order, and levy the amount of the annual installments
115of the total taxes levied under sections 298.50 and 298.54,
116Florida Statutes, which shall become due and be collected during
117each year at the same time that county taxes are due and
118collected, which said annual installment and levy shall be
119evidenced to and certified by the said board not later than
120August l of each year, to Indian River County. Said tax shall be
121extended by the county on the county tax roll and shall be
122collected by the tax collector in the same manner and time as
123county taxes, and the proceeds thereof paid to said district.
124Said tax shall be a lien until paid on the property against
125which assessed, and enforceable in like manner as county taxes.
126     Section 4.  Maintenance taxes as provided for under section
127298.54, Florida Statutes, shall be apportioned upon the basis of
128the net assessments of benefits assessed as accruing for
129original construction, and shall be evidenced to and certified
130by the board of supervisors not later than August 31 of each
131year, to Indian River County, and shall be extended by the
132county on the county tax roll and shall be collected by the tax
133collector in the same manner and time as county taxes and the
134proceeds therefrom paid to said district. Said tax shall be a
135lien until paid on the property against which assessed and
136enforceable in like manner as county taxes.
137     Section 5.  The collection and enforcement of all taxes
138levied by said district shall be at the same time and in like
139manner as county taxes, and the provisions of the Florida
140Statutes relating to the sale of lands for unpaid and delinquent
141county taxes, the issuance, sale, and delivery of tax
142certificates for such unpaid and delinquent county taxes, the
143redemption thereof, the issuance to individuals of tax deeds
144based thereon, and all other procedures in connection therewith,
145shall be applicable to said district and the delinquent and
146unpaid taxes of said district to the same extent as if said
147statutory provisions were expressly set forth in this act. All
148taxes shall be subject to the same discounts as county taxes.
149All discounts allowed shall be a charge against the maintenance
150tax only.
151     Section 6.  All taxes levied by the district shall be and
152become delinquent and bear penalties on the amount of said taxes
153in the same manner as county taxes.
154     Section 7.  (1)  The Property Appraiser of Indian River
155County shall be paid annually an amount equal to 1 percent of
156the total taxes of the district and the Tax Collector of Indian
157River County shall be paid annually an amount equal to 1 percent
158of the total taxes of the district collected for their
159respective services to the St. Johns Water Control District in
160said county for respectively assessing and collecting said
161drainage district taxes, provided, however, that the total
162amount to be paid to said property appraiser and tax collector
163shall be paid from the proceeds of the maintenance tax.
164     (2)  The services of said county property appraiser and
165said county tax collector in assessing and collecting said
166drainage district taxes are hereby declared to be special
167services performed directly for said district and the amounts
168paid therefor shall not be considered a part of the general
169income of their respective offices, nor shall it come under the
170provisions of sections 116.03, 145.10, and 145.11, Florida
171Statutes. The personnel required to do said special work shall
172be paid for such special services by the property appraiser or
173the tax collector, as the case may be, from the receipts
174provided for such purpose.
175     Section 8.  All drainage taxes levied by the district,
176together with all penalties for default in payment of the same
177and all costs in collecting the same, shall constitute a lien of
178equal dignity with the liens for county taxes, and other taxes
179of equal dignity with county taxes, upon all the lands against
180which said taxes shall be levied. A sale of any of the lands
181within the district for county or other taxes shall not operate
182to relieve or release the lands so sold from the lien for
183subsequent installments of district taxes, which lien may be
184enforced against such lands as though no such sale thereof had
185been made.
186     Section 9.  The board of supervisors may issue bonds under
187the provisions of chapter 298, Florida Statutes, without the
188approval of the Board of Drainage Commissioners of the State of
189Florida, as provided for in section 298.47, Florida Statutes.
190     Section 10.  (1)  After the levy of maintenance taxes for
191any year, the board of supervisors may from time to time issue
192warrants or negotiable notes or other evidences of indebtedness
193of the district, which shall be payable solely from such
194maintenance taxes and shall not be issued in an amount greater
195than the amount of such maintenance taxes then unpaid less the
196amount of any of such notes then outstanding. All such notes
197shall mature not later than 1 year from the date of issuance
198thereof, shall bear interest at a rate or rates not exceeding 6
199percent per annum, and shall have such other details as shall be
200provided in the resolution or resolutions of the board of
201supervisors authorizing the issuance thereof.
202     (2)  After the authorization of any bonds under the
203provisions of chapter 298, Florida Statutes, the board of
204supervisors may from time to time issue bond anticipation notes
205in anticipation of the issuance of such bonds, and the amount
206thereof shall not exceed the amount of bonds authorized and not
207issued. Such notes shall all mature not later than 1 year after
208the date thereof and may be renewed for a further period not
209exceeding 1 year, but all of such notes, including the renewals
210thereof, shall mature not later than 2 years from the date
211thereof. Such bond anticipation notes shall be paid from the
212proceeds of such bonds when issued, or from any taxes levied for
213the payment of such bonds which have been authorized, but in
214such case a like amount of the bonds authorized shall not be
215issued. The proceeds of any bond anticipation notes shall be
216used solely for the purposes provided in the resolution which
217authorized the issuance of the bonds in anticipation of which
218bond anticipation notes are issued.
219     Section 11.  The provisions of section 298.73, Florida
220Statutes, and amendments and successors thereof, relating to the
221use of bonds and obligations in payment of drainage taxes, shall
222not be applicable to said district and its bonds, obligations,
223and taxes.
224     Section 12.  The board of supervisors of the district shall
225have the power, in the resolution or other proceedings
226authorizing the issuance of any bonds, to enter into valid and
227legally binding covenants and agreements with the holders of
228such bonds as to the custody and security of the proceeds of
229said bonds, or of any bond anticipation notes issued in
230anticipation thereof, the custody and security of any debt
231service funds, including reserves, and the appointment of banks
232or trust companies as trustee to hold such construction funds
233and debt service and reserve funds, the rank or priority as
234between the bonds originally issued by the district, and any
235bonds thereafter issued and terms and conditions under which any
236bonds can be issued by the district after the original bonds or
237notes have been issued to finance the cost of the drainage
238improvements or works, and such other covenants and conditions
239as shall be deemed necessary and advisable by the board of
240supervisors in accordance with bond market practices and in
241order to better secure the payment of such bonds and the
242marketability thereof. All such covenants and agreements shall
243be and constitute valid and legally binding obligations of the
244district and the state does hereby covenant that it will not by
245any legislation hereafter in any manner repeal, modify, or
246impair the rights, remedies, and security of the holders of any
247bonds or other obligations issued by the district.
248     Section 13.  The district shall also have power to covenant
249and agree with the holders of such bonds that all of the fees
250and expenses for the levy and collection of taxes in said
251district and of any trustees or other custodians of the bond
252proceeds or of the construction funds or debt service funds or
253reserves therefor, or the cost of the expenses of any annual
254audits or of any other annually recurring services or costs
255shall be paid from the maintenance taxes to be collected in each
256year with said district and not from the proceeds of any bonds
257or other obligations issued by said district.
258     Section 14.  It is hereby declared that, in said district,
259surface waters, which shall include rainfall and the overflow of
260rivers and streams, are a common enemy, and the said district
261and any individual or agency holding a permit to do so from said
262district shall have the right to dike, dam, and construct levees
263to protect the said district or any part thereof, or the
264property of said individual or agency against the same, and
265thereby divert the course and flow of such surface water and or
266pump the water from within such dikes and levees.
267     Section 15.  Each supervisor shall be paid for his or her
268services a per diem of $25 for each day actually engaged in work
269pertaining to the said district; but the said supervisors shall
270not in any one month be paid more than $100 each, except that in
271addition to the said per diem, they shall be paid 10 cents per
272mile for each mile actually traveled in going to and from their
273place of residence to the place of meeting.
274     Section 16.  It shall be unlawful for any person, firm, or
275corporation to connect or to maintain a connection of any farm
276ditch with any of the canals, ditches, laterals, or waterways
277constructed, controlled, or maintained by St. Johns Water
278Control District in Indian River County, except in accordance
279with plans and specifications showing the method of such
280connection as prescribed by the board of supervisors of said
281district. Any violation of this act shall be punished as
282prescribed by the general law for punishment of misdemeanors.
283The board of supervisors shall also have the right and power to
284cause any such connection constructed or maintained in violation
285of this act to be blocked or stopped up.
286     Section 17.  The Board of Supervisors of St. Johns Water
287Control District in Indian River County, in order to effect the
288drainage, reclamation, and protection of lands in said district,
289is hereby authorized to construct, install, and maintain locks,
290dams, and other works and facilities in the canals, ditches, and
291drains in said district and elsewhere.
292     Section 18.  The St. Johns Water Control District is hereby
293authorized to grant such permits as it shall deem proper in
294allowing any access over, under, or across its lands.
295     Section 19.  In case any one or more of the sections or
296provisions of this act or the application of such sections or
297provisions to any situation, circumstance, or person shall for
298any reason be held to be unconstitutional, such
299unconstitutionality shall not affect any other sections or
300provisions to any other situation, circumstance, or person, and
301it is intended that this law shall be construed and applied as
302if such section or provision had not been included herein for
303any unconstitutional application.
304     Section 4.  Chapters 65-812 and 69-1162, Laws of Florida,
305are repealed.
306     Section 5.  This act shall take effect upon becoming a law.


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