HB 1205

1
A bill to be entitled
2An act relating to Indian River Farms Water Control
3District, Indian River County; codifying, amending,
4reenacting, and repealing special acts relating to the
5district; providing territorial boundaries of the
6district; making the provisions of ch. 298, F.S.,
7applicable thereto; providing for the levy, collection,
8and enforcement of installment and maintenance taxes by
9said district at the same time and in like manner as
10county taxes; providing that said taxes shall be extended
11by the county on the county tax roll and shall be
12collected by the tax collector in the same manner and time
13as county taxes; providing for the same discounts and
14penalties as county taxes; providing for the compensation
15of the tax collector; providing that district taxes shall
16be a lien 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 water is a common enemy;
24providing for compensation of the board of supervisors;
25providing for severability; providing an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  (1)  The reenactment of existing law in this
30act shall not be construed as a grant of additional authority to
31nor to supersede the authority of any entity pursuant to law.
32Exceptions to law contained in any special act that are
33reenacted pursuant to this act shall continue to apply.
34     (2)  The reenactment of existing law in this act shall not
35be construed to modify, amend, or alter any covenants,
36contracts, or other obligations of the district with respect to
37bonded indebtedness. Nothing pertaining to the reenactment of
38existing law in this act shall be construed to affect the
39ability of the district to levy and collect taxes, assessments,
40fees, or charges for the purpose of redeeming or servicing
41bonded indebtedness of the district.
42     Section 2.  Chapters 8882 (1921), 9988 (1923), 10693
43(1925), 12057 (1927), 12058 (1927), 14737 (1931), 16048 (1933),
4417066 (1935), 19188 (1939), 23906 (1947), 28403 (1953), 57-1104,
4563-832, and 67-843, Laws of Florida, are codified, reenacted,
46amended, and repealed as provided in this act.
47     Section 3.  The Indian River Farms Water Control District
48is re-created, and the charter for such district is re-created
49and reenacted to read:
50     Section 1.  The decree of the Circuit Court in and for the
51Fifteenth Judicial Circuit, St. Lucie County, entered in the
52case captioned "In re: Indian River Farms Drainage District" on
53May 6, 1919, creating and incorporating the Indian River Farms
54Water Control District, an independent special district, under
55chapter 6458 (1913), Laws of Florida, and the order of said
56court approving the report of the district commissioners entered
57on August 18, 1921, and all subsequent proceedings taken in said
58circuit court concerning said district are hereby ratified,
59confirmed, and approved, including its territorial boundaries as
60follows:
61
62Begin at the Northwest corner of Township 32 S. R. 39
63E.; Thence East to the northwest corner of northeast
64quarter of Section 5, Township 32 S. R. 39 E; Thence
65North to the northwest corner of northeast quarter of
66Section 32, Township 31 S. R. 39 E.; Thence East to
67the northwest corner of Section 33, Township 31 S. R.
6839 E.; Thence South to the northwest corner of the
69southwest quarter of the northwest quarter of Section
7033, Township 31 S. R. 39 E.; Thence East to the
71Northeast corner of the southwest quarter to the
72northwest quarter of said Section 33; Thence South to
73the northeast corner of the northwest quarter of the
74southwest quarter of said Section 33; Thence East to
75the northeast corner of the west half of the northeast
76quarter of the southwest quarter of said Section 33;
77Thence South to the southeast corner of the west half
78of the northeast quarter of the northwest quarter of
79said Section 33; Thence East to the northeast corner
80of the southeast quarter of the southwest quarter of
81said Section 33; Thence South to the southeast corner
82of the northeast quarter of the northwest quarter of
83Section 4, Township 32 S. R. 39 E.; Thence East to the
84northeast corner of the west half of the southwest
85quarter of the northeast quarter of said Section 4;
86Thence South to the southeast corner of the west half
87of the northwest quarter of the southeast quarter of
88said Section 4; Thence East to the northeast corner of
89the southwest quarter of the southeast quarter of said
90Section 4; Thence South to the southeast corner of the
91southwest quarter of the southeast quarter of said
92Section 4; thence East to the northeast corner of the
93west half of the northeast quarter of the northeast
94quarter of Section 9, Township 32 S. R. 39 E.; Thence
95South to the southeast corner of the west half of the
96northeast quarter of the northeast quarter of said
97Section 9; Thence East to the northeast corner of the
98southeast quarter of the northeast quarter of said
99Section 9; Thence South to the southeast corner of the
100southeast quarter of the northeast quarter of said
101Section 9; Thence East to the northeast corner of the
102west half of the northwest quarter of the southwest
103quarter of Section 10, Township 32 S. R. 39 E.; Thence
104South to the southeast corner of the west half of the
105northwest quarter of the southwest quarter of said
106Section 10; Thence East to the northeast corner of the
107southwest quarter of the southwest quarter of said
108Section 10; Thence South to the southeast corner of
109the southwest quarter of the southwest quarter of said
110Section 10; Thence East to the northeast corner of the
111west half of the northeast quarter of the northwest
112quarter of Section 15, Township 32 S. R. 39 E.; Thence
113South to the southeast corner of the west half of the
114northeast quarter of the northwest quarter of said
115Section 15; Thence East to the northeast corner of the
116southeast quarter of the northwest quarter of said
117Section 15; Thence South to the southeast corner of
118the northwest quarter of said Section 15; Thence East
119to the northeast corner of the west half of the
120northwest quarter of the southeast quarter of said
121Section 15; Thence South to the southeast corner of
122the west half of the northwest quarter of the
123southeast quarter of said Section 15; Thence East to
124the northeast corner of the southwest quarter of the
125southeast quarter of said Section 15; Thence South to
126the southeast corner of the northwest quarter of the
127northeast quarter of Section 22, Township 32 S. R. 39
128E.; Thence East to the northeast corner of the west
129half of southeast quarter of northeast quarter of said
130Section 22; Thence South to the southeast corner of
131west half of southeast quarter of southeast quarter of
132said Section 22; Thence East to the northeast corner
133of Section 27, Township 32 S. R. 39 E.; Thence South
134to the southeast corner of northeast quarter of
135northeast quarter of said Section 27; Thence East to
136the northeast corner of west half of the southwest
137quarter of the northwest quarter of Section 26,
138Township 32 S R. 39 E.; Thence South to the southeast
139corner of the west half of southwest quarter of the
140northwest quarter of said Section 26; Thence East to
141the northeast corner of the northwest quarter of the
142southwest quarter of said Section 26; Thence South to
143the southeast corner of the southwest quarter of the
144southwest quarter of said Section 26; Thence East to
145the northeast corner of west half of the northeast
146quarter of northwest quarter of Section 35, Township
14732 S. R. 39 E.; Thence South to the southeast corner
148of the west half of northeast quarter of the northwest
149quarter of said Section 35; Thence East to the
150northeast corner of the southeast quarter of northwest
151quarter of said Section 35; Thence South to the
152southeast corner of northwest quarter of said Section
15335; Thence East on the center line of Sections 35 and
15436, Township 32 S. R. 39 E., and along the center line
155of Section 31, Township 32 S. R. 40 E. to the water's
156edge of Indian River; Thence southerly along the
157water's edge of the Indian River to the north line of
158Township 33 S. R. 40 E.; Thence West along said
159township line to the northeast corner of the west half
160of the west half of Section 1, Township 33 S. R. 39
161E.; Thence South to the southeast corner of west half
162of west half of said Section 1; Thence west to the
163northwest corner of Section 12, Township 33 S. R. 39
164E.; Thence South to the southwest corner of the
165northwest quarter of the northwest quarter of said
166Section 12; Thence East to the northeast corner of the
167west half of the southwest quarter of the northwest
168quarter of said Section 12; Thence South to the
169southeast corner of the west half of the northwest
170quarter of the southwest quarter of said Section 12;
171Thence East to the northeast corner of southwest
172quarter of the southwest quarter of said Section 12;
173Thence South to the southeast corner of the northwest
174quarter of the northwest quarter of Section 13,
175Township 33 S. R. 39 E.; Thence East to the northeast
176corner of the west half of the southeast quarter of
177the northwest quarter of said Section 13; Thence South
178to the southeast corner of west half of the southeast
179quarter of the northwest quarter of said Section 13;
180Thence East to the northeast corner of the southwest
181quarter of said Section 13; Thence South to the
182southeast corner of the northeast quarter of the
183southwest quarter of said Section 13; Thence East to
184the northeast corner of the west half of the southwest
185quarter of the southeast quarter of said Section 13;
186Thence South to the southeast corner of the west half
187of the northwest quarter of the northeast quarter of
188Section 24, Township 33 S. R. 39 E.; Thence East to
189the northeast corner of southwest quarter of the
190northeast quarter of said Section 24; Thence South to
191the southeast corner of the southwest quarter of the
192northeast quarter of said Section 24; Thence East to
193the northeast corner of the west half of the northeast
194quarter of the southeast quarter of said Section 24;
195Thence South to the southeast corner of the west half
196of the southeast quarter of the northeast quarter of
197Section 25, Township 33 S. R. 39 E.; Thence East to
198the northeast corner of the southeast quarter of said
199Section 25; Thence South to the southeast corner of
200the northeast quarter of the southeast quarter of said
201Section 25; Thence East to the northeast corner of the
202west half of the southwest quarter of the southwest
203quarter of Section 30, Township 33 S. R. 40 E.; Thence
204South to the southeast corner of west half of the
205southwest quarter of the southwest quarter of said
206Section 30; Thence East to the northeast corner of the
207northwest quarter of the northwest quarter of Section
20831, Township 33 S. R. 40 E.; Thence South to the
209southeast corner of the southwest quarter of the
210northwest quarter of said Section 31; Thence East to
211the northeast corner of the west half of the northeast
212quarter of the southwest quarter of said Section 31;
213Thence South to the southeast corner of the west half
214of the northeast quarter of the southwest quarter of
215said Section 31; Thence East to the northeast corner
216of the southeast quarter of the southwest quarter of
217said Section 31; Thence South to the southeast corner
218of the southwest quarter of said Section 31, Township
21933 S. R. 40 E.; Thence West along Township lines nine
220miles more or less to the southwest corner of the
221southeast quarter of Section 34, Township 33 S. R. 38
222E.; Thence North to the northwest corner of the
223northeast quarter of Section 34, Township 33 S. R. 38
224E.; Thence West to the southwest corner of Section 27,
225Township 33 S. R. 38 E.; Thence North to the southeast
226corner of Section 9, Township 33 S. R. 38 E.; Thence
227West to the southwest corner of Section 9, Township 33
228S. R. 38 E.; Thence North to the southeast corner of
229Section 5, Township 33 S. R. 38 E.; Thence West to the
230southwest corner of southeast quarter of Section 5,
231Township 33 S. R. 38 E.; Thence North on center line
232of Section 5 to northwest corner of northeast quarter
233of Section 5, Township 33 S. R. 38 E.; Thence East
234along Township line to the northwest corner of
235Township 33 S. R. 39 E.; Thence North to the northwest
236corner of Township 32 S. R. 39 E., being the point of
237beginning.
238
239The foregoing boundaries containing and including the
240following lands, to wit:
241The East half of Section 32, Township 31 S. R. 39 E.;
242
243The Southwest quarter of northwest quarter; the
244northwest quarter of southwest quarter; the west half
245of northeast quarter of southwest quarter; the south
246half of southwest quarter; all in Section 33, Township
24731 S. R. 39 E.;
248
249Sections 5, 6, 7, 8, 16, 17, 18, 19, 20, 21, 27, 28,
25029, 30, 31, 32, 33, and 34, all in Township 32 S. R.
25139 E;
252
253The West half of Section 4, Township 32 S. R. 39 E.;
254
255The West half of southwest quarter of northeast
256quarter; the west half of northwest quarter of
257southeast quarter; the southwest quarter of southeast
258quarter; all in Section 4, Township 32 S. R. 39 E.;
259
260All of Section 9, Township 32 S. R. 39 E., except the
261east half of northeast quarter of northeast quarter of
262said section;
263
264The West half of northwest quarter of southwest
265quarter; and the southwest quarter of southwest
266quarter; all in Section 10, Township 32 S. R. 39 E.;
267
268All of the West half of Section 15, Township 32 S. R.
26939 E., except the east half of the northeast quarter
270of northwest quarter of said Section;
271
272The West half of northwest quarter of southeast
273quarter; and the southwest quarter of the southeast
274quarter; all in Section 15, Township 32 S. R. 39 E.;
275
276The West half of Section 22; the west half of the
277northeast quarter of Section 22, and the west half of
278the southeast quarter of Section 22; all in the
279township 32 S. R. 39 E.;
280
281The West half of southeast quarter of the northeast
282quarter; and the west half of the east half of the
283southeast quarter; all in Section 22, Township 32 S.
284R. 39 E.;
285
286The West half of southwest quarter of northwest
287quarter; and the west half of southeast quarter; all
288in Section 26, Township 32 S. R. 39 E.;
289
290The West half of Section 35, Township 32 S. R. 39 E.;
291except the east half of the northeast quarter of
292northwest quarter of said Section;
293
294The Southeast quarter of Section 35, Township 32, S.
295R. 39 E.;
296
297The South half of Section 36, Township 32 S. R. 39 E.;
298
299Lots 5 and 6 of Section 31, Township 32 S. R. 40 E.;
300
301Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16,
30217, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31,
30332, 33, 34, 35 and 36, all in Township 33 S. R. 39 E;
304
305The West half of west half of Section 1, Township 33
306S. R. 39 E.;
307
308The West half of southwest quarter of northwest
309quarter; the west half of northwest quarter of
310southwest quarter; the southwest quarter of southwest
311quarter; all in Section 12, Township 33 S. R. 39 E.;
312
313The West half of northwest quarter; the west half of
314southeast quarter of northwest quarter; the southwest
315quarter; the west half of southwest quarter of
316southeast quarter; all in Section 13, Township 33, S.
317R. 39 E.;
318
319The Northwest quarter; the southwest quarter; the west
320half of the northwest quarter of northeast quarter;
321the southwest quarter of northeast quarter; the west
322half of southeast quarter; the west half of northeast
323quarter of southeast quarter; the west half of
324southeast quarter of southeast quarter; all in Section
32524, Township 33 S. R. 39 E.;
326
327All of Section 25, Township 33 S. R. 39 E., except the
328east half of the east half of the northeast quarter of
329said Section;
330
331The West half of the southwest quarter of the
332southwest quarter of Section 30, Township 33 S. R. 40
333E.;
334
335The West half of the northwest quarter; the west half
336of the southwest quarter; the west half of the
337northeast quarter of the southwest quarter; the
338southeast quarter of the southwest quarter; all in
339Section 31, Township 33 S. R. 40 E.
340
341Sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 22,
34223, 24, 25, 26, 27, 35 and 36, all in Township 33 S.
343R. 38 E.;
344
345The East half of Section 5, Township 33 S. R. 38 E.;
346
347The East half of Section 34, Township 33 S. R. 38 E.
348
349     Section 2.  All of the acts and proceedings of the board of
350supervisors and all officers and agents of Indian River Farms
351Water Control District in Indian River County acting for and on
352behalf of said district prior to August 2, 1921, the effective
353date of chapter 8882 (1921), Laws of Florida, be and they are
354hereby ratified, approved, validated, and confirmed.
355     Section 3.  The provisions of the general drainage laws of
356this state applicable to drainage districts or subdrainage
357districts which are embodied in chapter 298, Florida Statutes,
358and all of the laws amendatory thereof, now existing or
359hereafter enacted, so far as not inconsistent with this act, are
360hereby declared to be applicable to said Indian River Farms
361Water Control District, except as may be otherwise herein
362provided.
363     Section 4.  Taxes shall be levied and apportioned as
364provided for in the general drainage laws of this state, which
365are embodied in chapter 298, Florida Statutes, and amendments
366thereto, except as otherwise provided herein.
367     Section 5.  Maintenance taxes as provided for under section
368298.54, Florida Statutes, shall be apportioned upon the basis of
369the net assessments of benefits assessed as accruing for
370original construction, shall be evidenced to and certified by
371the board of supervisors, not later than August 31 of each year,
372to the Property Appraiser of Indian River County, shall be
373extended by the county on the county tax roll, and shall be
374collected by the tax collector in the same manner and time as
375county taxes and the proceeds therefrom paid to said district.
376Said tax shall be a lien until paid on the property against
377which assessed and enforceable in like manner as county taxes.
378     Section 6.  All taxes levied by the district shall be and
379become delinquent and bear penalties on the amount of said taxes
380in the same manner as county taxes.
381     Section 7.  (1)  Indian River County shall be paid annually
382an amount equal to 1 percent of the total taxes of the district
383and the Tax Collector of Indian River County shall be paid
384annually an amount equal to 1 percent of the total taxes of the
385district collected for their respective services to the Indian
386River Farms Water Control District in said county for
387respectively assessing and collecting said drainage district
388taxes, provided, however, that the total amount to be paid to
389said county and tax collector in any one year shall not exceed
390the sum of $1,500 to each. All compensation paid the county and
391the tax collector shall be paid from the proceeds of the
392maintenance tax.
393     (2)  The services of said county and said county tax
394collector in assessing and collecting said drainage district
395taxes are hereby declared to be special services performed
396directly for said district and the amounts paid therefor shall
397not be considered a part of the general income of their
398respective offices, nor shall it come under the provisions of
399sections 116.03, 145.10, and 145.11, Florida Statutes. The
400personnel required to do said special work shall be paid for
401such special services by the county or the tax collector, as the
402case may be, from the receipts provided for such purpose.
403     Section 8.  All drainage taxes levied by the district,
404together with all penalties for default in payment of the same
405and all costs in collecting the same, shall constitute a lien of
406equal dignity with the liens for county taxes, and other taxes
407of equal dignity with county taxes, upon all the lands against
408which said taxes shall be levied. A sale of any of the lands
409within the district for county or other taxes shall not operate
410to relieve or release the lands so sold from the lien for
411subsequent installments of district taxes, which lien may be
412enforced against such lands as though no such sale thereof had
413been made.
414     Section 9.  The board of supervisors may issue bonds under
415the provisions of chapter 298, Florida Statutes, without the
416approval of the board of drainage commissioners, as provided for
417in section 298.47, Florida Statutes.
418     Section 10.  (1)  After the levy of maintenance taxes for
419any year, the board of supervisors may from time to time issue
420warrants or negotiable notes or other evidences of indebtedness
421of the district, which shall be payable solely from such
422maintenance taxes and shall not be issued in an amount greater
423than the amount of such maintenance taxes then unpaid less the
424amount of any of such notes then outstanding. All such notes
425shall mature not later than 1 year after the date of issuance
426thereof, shall bear interest at a rate or rates not exceeding 6
427percent per annum, and shall have such other details as shall be
428provided in the resolution or resolutions of the board of
429supervisors authorizing the issuance thereof.
430     (2)  After the authorization of any bonds under the
431provisions of chapter 298, Florida Statutes, the board of
432supervisors may from time to time issue bond anticipation notes
433in anticipation of the issuance of such bonds and the amount
434thereof shall not exceed the amount of bonds authorized and not
435issued. Such notes shall all mature not later than 1 year after
436the date thereof and may be renewed for a further period of not
437exceeding 1 year, but all of such notes, including the renewals
438thereof, shall mature not later than 2 years after the date
439thereof. Such bond anticipation notes shall be paid from the
440proceeds of such bonds when issued, or from any taxes levied for
441the payment of such bonds which have been authorized, but in
442such case a like amount of the bonds authorized shall not be
443issued. The proceeds of any bond anticipation notes shall be
444used solely for the purposes provided in the resolution which
445authorized the issuance of the bonds in anticipation of which
446bond anticipation notes are issued.
447     Section 11.  In preparing the drainage tax book of said
448Indian River Farms Water Control District from year to year, the
449secretary of said district shall insert opposite the description
450of the tract of land to be assessed the name of the person or
451persons or corporation owning said tract on the first day of the
452preceding January to the best of the knowledge and belief of
453said secretary, but any failure to insert the name of the right
454owner shall not invalidate such assessment.
455     Section 12.  In preparing the drainage tax book of said
456Indian River Farms Water Control District from year to year, the
457secretary of said district may describe each tract of land
458according to any plat or subdivision thereof, or by metes and
459bounds, or by any other convenient and feasible manner, stating
460the actual number of acres contained in the tract to the best of
461his or her knowledge, and the owner shall be required to pay
462taxes only upon the acreage as shown by said district tax book.
463     Section 13.  Beginning with the year 1924, the annual
464landowners' meeting for said Indian River Farms Water Control
465District shall be held in the month of February in each
466successive year, on such day as the board of supervisors of said
467district may fix from time to time.
468     Section 14.  It shall be unlawful for any person, firm, or
469corporation to connect or to maintain a connection of any farm
470ditch with any of the canals, ditches, laterals, or waterways
471constructed, controlled, or maintained by Indian River Farms
472Water Control District in Indian River County, except in
473accordance with plans and specifications showing method of such
474connection as prescribed by the board of supervisors of said
475district. Any violation of this act shall be punished as
476prescribed by the general law for punishment of misdemeanors.
477The board of supervisors shall also have the right and power to
478cause any such connection constructed or maintained in violation
479of this act to be blocked or stopped up.
480     Section 15.  The Board of Supervisors of Indian River Farms
481Water Control District in Indian River County, in order to
482effect the drainage, reclamation, and protection of lands in the
483district, is hereby authorized to construct, install, and
484maintain locks, dams, and other works and facilities in the
485canals, ditches, and drains in said district and elsewhere.
486     Section 16.  In order to raise money to pay the cost of
487constructing and installing the water control and water
488conservation works and facilities herein authorized, and to pay
489the principal of and interest on any bonds or other obligations
490which may be issued to provide funds for such purposes, the
491board of supervisors of the district is hereby authorized and
492required to levy, assess, and cause to be collected an annual
493tax on all lands in said district subject to taxation. Such tax
494shall be at a uniform rate for all lands within the district and
495shall be assessed against each acre, fraction, or fractional
496interest therein.
497     Section 17.  It has been ascertained and determined and it
498is hereby declared that the water control and conservation works
499and facilities authorized to be constructed, installed, and
500maintained pursuant to the provisions of this act are for a
501public purpose and will confer benefits upon all lands within
502Indian River Farms Water Control District in an amount at least
503equal to the taxes authorized by the provisions of this act to
504be levied and that all lands in said district will be benefited
505equally by said works and facilities.
506     Section 18.  No landowner in the Indian River Farms Water
507Control District in Indian River County shall be permitted to
508vote at any landowners' meeting of said district for any lands
509in the district on which the drainage taxes are delinquent at
510the time of such meeting.
511     Section 19.  The owners and proxy holders of district
512acreage who are present at a duly noticed landowners' meeting
513shall constitute a quorum at any landowners' meeting in said
514district. A majority of the landowners present and voting shall
515elect the supervisors of said district and shall pass any motion
516and after such passage the same shall constitute the action of
517the landowners.
518     Section 20.  The board of supervisors of said district is
519hereby authorized to assess and levy a minimum drainage tax,
520which said minimum drainage tax shall be at a rate not less than
521the 1-acre tax rate as established by the district from time to
522time. Said minimum drainage tax shall apply to any one parcel
523separately assessed on the tax rolls of said tax district.
524     Section 21.  The Indian River Farms Water Control District
525is herewith authorized and empowered to expend the funds of said
526district as shall be from time to time determined by the board
527of supervisors in clearing, cleaning, and maintaining any and
528all parts of the Indian River and the swamped and submerged
529lands adjacent to any of the canals and works of said district
530in order to improve and facilitate the operations and functions
531of said district.
532     Section 22.  No entity vested with the power of eminent
533domain shall be permitted to take, by eminent domain
534proceedings, for any purpose whatsoever, any property, whether
535in fee, easement, or otherwise, belonging to the Indian River
536Farms Water Control District unless the absolute necessity for
537such taking shall be shown. However, this act shall not apply to
538the United States Government or any of its agencies, to the
539government of the state or any of its agencies, to the
540government of Indian River County or any of its agencies, and to
541the government of the City of Vero Beach or any of its agencies.
542     Section 23.  For the purposes of this act, the term
543"absolute necessity" shall mean that there is no alternative
544route open to the condemning authority or that the cost of the
545alternative route would be prohibitive in comparison to the
546overall cost of the proposed project.
547          Section 24.  The Indian River Farms Water Control District
548is hereby authorized to grant such permits as it shall deem
549proper in allowing any access over, under, or across its lands.
550     Section 25.  The board of supervisors of the district shall
551have power, in the resolution or other proceedings authorizing
552the issuance of any bonds, to enter into valid and legally
553binding covenants and agreements with the holders of such bonds
554as to the custody and security of the proceeds of said bonds, or
555of any bond anticipation notes issued in anticipation thereof,
556the custody and security of any debt service funds, including
557reserves, and the appointment of banks or trust companies as
558trustee to hold such construction funds and debt service and
559reserve funds, the rank or priority as between the bonds
560originally issued by the district and any bonds thereafter
561issued and terms and conditions under which any bonds can be
562issued by the district after the original bonds or notes have
563been issued to finance the cost of the drainage improvements or
564works, and such other covenants and conditions as shall be
565deemed necessary and advisable by the board of supervisors in
566accordance with bond market practices and in order to better
567secure the payment of such bonds and the marketability thereof.
568All such covenants and agreements shall be and constitute valid
569and legally binding obligations of the district, and the state
570does hereby covenant that it will not by any legislation
571hereafter in any manner repeal, modify, or impair the rights,
572remedies, and security of the holders of any bonds or other
573obligations issued by the district.
574     Section 26.  The district shall also have power to covenant
575and agree with the holders of such bonds that all of the fees
576and expenses for the levy and collection of taxes in said
577district and of any trustees or other custodians of the bond
578proceeds or of the construction funds or debt service funds or
579reserves therefor or the cost of the expenses of any annual
580audits or of any other annually recurring services or costs
581shall be paid from the maintenance taxes to be collected in each
582year with said district and not from the proceeds of any bonds
583or other obligations issued by said district.
584     Section 27.  It is hereby declared that in said district,
585surface waters, which shall include rainfall and the overflow of
586rivers and streams, are a common enemy, and the said district
587and any individual or agency holding a permit to do so from said
588district shall have the right to dike, dam, and construct levees
589to protect the said district or any part thereof, or the
590property of said individual or agency against the same, and
591thereby divert the course and flow of such surface water and/or
592pump the water from within such dikes and levees.
593     Section 28.  Each supervisor shall be paid for his or her
594services a per diem of $50 for each day actually engaged in work
595pertaining to the said district, but the supervisors shall not
596in any one month be paid more than $200 each, except that in
597addition to the said per diem they shall be paid 10 cents per
598mile for each mile actually traveled in going to and from their
599places of residence to the place of meeting.
600     Section 29.  If any provision of this act or the
601application thereof to any person or circumstance is held
602invalid, the invalidity shall not affect other provisions or
603applications of the act which can be given effect without the
604invalid provision or application, and to this end the provisions
605of this act are declared severable.
606     Section 4.  Chapters 8882 (1921), 9988 (1923), 10693
607(1925), 12057 (1927), 12058 (1927), 14737 (1931), 16048 (1933),
60817066 (1935), 19188 (1939), 23906 (1947), 28403 (1953), 57-1104,
60963-832, and 67-843, Laws of Florida, are repealed.
610     Section 5.  This act shall take effect upon becoming a law.


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