HB 1205CS

CHAMBER ACTION



1The Local Government Council 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 Indian River Farms Water Control
7District, Indian River County; codifying, amending,
8reenacting, and repealing special acts relating to the
9district; providing territorial boundaries of the
10district; making the provisions of ch. 298, F.S.,
11applicable thereto; providing for the levy, collection,
12and enforcement of installment and maintenance taxes by
13said district at the same time and in like manner as
14county taxes; providing that said taxes shall be extended
15by the county on the county tax roll and shall be
16collected by the tax collector in the same manner and time
17as county taxes; providing for the same discounts and
18penalties as county taxes; providing for the compensation
19of the tax collector; providing that district taxes shall
20be a lien on lands against which taxes are levied of equal
21dignity with county and other taxes; authorizing the board
22of supervisors to issue bonds; providing for floating
23indebtedness of the district; providing that payment of
24taxes in advance is not authorized; providing that use of
25bonds and interest coupons in payment of taxes is not
26authorized; providing that water is a common enemy;
27providing for compensation of the board of supervisors;
28providing for severability; providing an effective date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  (1)  The reenactment of existing law in this
33act shall not be construed as a grant of additional authority to
34nor to supersede the authority of any entity pursuant to law.
35Exceptions to law contained in any special act that are
36reenacted pursuant to this act shall continue to apply.
37     (2)  The reenactment of existing law in this act shall not
38be construed to modify, amend, or alter any covenants,
39contracts, or other obligations of the district with respect to
40bonded indebtedness. Nothing pertaining to the reenactment of
41existing law in this act shall be construed to affect the
42ability of the district to levy and collect taxes, assessments,
43fees, or charges for the purpose of redeeming or servicing
44bonded indebtedness of the district.
45     Section 2.  Chapters 8882 (1921), 9988 (1923), 10693
46(1925), 12057 (1927), 12058 (1927), 14737 (1931), 16048 (1933),
4717066 (1935), 19188 (1939), 23906 (1947), 28403 (1953), 57-1104,
4863-832, and 67-843, Laws of Florida, are codified, reenacted,
49amended, and repealed as provided in this act.
50     Section 3.  The Indian River Farms Water Control District
51is re-created, and the charter for such district is re-created
52and reenacted to read:
53     Section 1.  The decree of the Circuit Court in and for the
54Fifteenth Judicial Circuit, St. Lucie County, entered in the
55case captioned "In re: Indian River Farms Drainage District" on
56May 6, 1919, creating and incorporating the Indian River Farms
57Water Control District, an independent special district, under
58chapter 6458 (1913), Laws of Florida, and the order of said
59court approving the report of the district commissioners entered
60on August 18, 1921, and all subsequent proceedings taken in said
61circuit court concerning said district are hereby ratified,
62confirmed, and approved, including its territorial boundaries as
63follows:
64
65Begin at the Northwest corner of Township 32 S. R. 39
66E.; Thence East to the northwest corner of northeast
67quarter of Section 5, Township 32 S. R. 39 E; Thence
68North to the northwest corner of northeast quarter of
69Section 32, Township 31 S. R. 39 E.; Thence East to
70the northwest corner of Section 33, Township 31 S. R.
7139 E.; Thence South to the northwest corner of the
72southwest quarter of the northwest quarter of Section
7333, Township 31 S. R. 39 E.; Thence East to the
74Northeast corner of the southwest quarter to the
75northwest quarter of said Section 33; Thence South to
76the northeast corner of the northwest quarter of the
77southwest quarter of said Section 33; Thence East to
78the northeast corner of the west half of the northeast
79quarter of the southwest quarter of said Section 33;
80Thence South to the southeast corner of the west half
81of the northeast quarter of the northwest quarter of
82said Section 33; Thence East to the northeast corner
83of the southeast quarter of the southwest quarter of
84said Section 33; Thence South to the southeast corner
85of the northeast quarter of the northwest quarter of
86Section 4, Township 32 S. R. 39 E.; Thence East to the
87northeast corner of the west half of the southwest
88quarter of the northeast quarter of said Section 4;
89Thence South to the southeast corner of the west half
90of the northwest quarter of the southeast quarter of
91said Section 4; Thence East to the northeast corner of
92the southwest quarter of the southeast quarter of said
93Section 4; Thence South to the southeast corner of the
94southwest quarter of the southeast quarter of said
95Section 4; thence East to the northeast corner of the
96west half of the northeast quarter of the northeast
97quarter of Section 9, Township 32 S. R. 39 E.; Thence
98South to the southeast corner of the west half of the
99northeast quarter of the northeast quarter of said
100Section 9; Thence East to the northeast corner of the
101southeast quarter of the northeast quarter of said
102Section 9; Thence South to the southeast corner of the
103southeast quarter of the northeast quarter of said
104Section 9; Thence East to the northeast corner of the
105west half of the northwest quarter of the southwest
106quarter of Section 10, Township 32 S. R. 39 E.; Thence
107South to the southeast corner of the west half of the
108northwest quarter of the southwest quarter of said
109Section 10; Thence East to the northeast corner of the
110southwest quarter of the southwest quarter of said
111Section 10; Thence South to the southeast corner of
112the southwest quarter of the southwest quarter of said
113Section 10; Thence East to the northeast corner of the
114west half of the northeast quarter of the northwest
115quarter of Section 15, Township 32 S. R. 39 E.; Thence
116South to the southeast corner of the west half of the
117northeast quarter of the northwest quarter of said
118Section 15; Thence East to the northeast corner of the
119southeast quarter of the northwest quarter of said
120Section 15; Thence South to the southeast corner of
121the northwest quarter of said Section 15; Thence East
122to the northeast corner of the west half of the
123northwest quarter of the southeast quarter of said
124Section 15; Thence South to the southeast corner of
125the west half of the northwest quarter of the
126southeast quarter of said Section 15; Thence East to
127the northeast corner of the southwest quarter of the
128southeast quarter of said Section 15; Thence South to
129the southeast corner of the northwest quarter of the
130northeast quarter of Section 22, Township 32 S. R. 39
131E.; Thence East to the northeast corner of the west
132half of southeast quarter of northeast quarter of said
133Section 22; Thence South to the southeast corner of
134west half of southeast quarter of southeast quarter of
135said Section 22; Thence East to the northeast corner
136of Section 27, Township 32 S. R. 39 E.; Thence South
137to the southeast corner of northeast quarter of
138northeast quarter of said Section 27; Thence East to
139the northeast corner of west half of the southwest
140quarter of the northwest quarter of Section 26,
141Township 32 S R. 39 E.; Thence South to the southeast
142corner of the west half of southwest quarter of the
143northwest quarter of said Section 26; Thence East to
144the northeast corner of the northwest quarter of the
145southwest quarter of said Section 26; Thence South to
146the southeast corner of the southwest quarter of the
147southwest quarter of said Section 26; Thence East to
148the northeast corner of west half of the northeast
149quarter of northwest quarter of Section 35, Township
15032 S. R. 39 E.; Thence South to the southeast corner
151of the west half of northeast quarter of the northwest
152quarter of said Section 35; Thence East to the
153northeast corner of the southeast quarter of northwest
154quarter of said Section 35; Thence South to the
155southeast corner of northwest quarter of said Section
15635; Thence East on the center line of Sections 35 and
15736, Township 32 S. R. 39 E., and along the center line
158of Section 31, Township 32 S. R. 40 E. to the water's
159edge of Indian River; Thence southerly along the
160water's edge of the Indian River to the north line of
161Township 33 S. R. 40 E.; Thence West along said
162township line to the northeast corner of the west half
163of the west half of Section 1, Township 33 S. R. 39
164E.; Thence South to the southeast corner of west half
165of west half of said Section 1; Thence west to the
166northwest corner of Section 12, Township 33 S. R. 39
167E.; Thence South to the southwest corner of the
168northwest quarter of the northwest quarter of said
169Section 12; Thence East to the northeast corner of the
170west half of the southwest quarter of the northwest
171quarter of said Section 12; Thence South to the
172southeast corner of the west half of the northwest
173quarter of the southwest quarter of said Section 12;
174Thence East to the northeast corner of southwest
175quarter of the southwest quarter of said Section 12;
176Thence South to the southeast corner of the northwest
177quarter of the northwest quarter of Section 13,
178Township 33 S. R. 39 E.; Thence East to the northeast
179corner of the west half of the southeast quarter of
180the northwest quarter of said Section 13; Thence South
181to the southeast corner of west half of the southeast
182quarter of the northwest quarter of said Section 13;
183Thence East to the northeast corner of the southwest
184quarter of said Section 13; Thence South to the
185southeast corner of the northeast quarter of the
186southwest quarter of said Section 13; Thence East to
187the northeast corner of the west half of the southwest
188quarter of the southeast quarter of said Section 13;
189Thence South to the southeast corner of the west half
190of the northwest quarter of the northeast quarter of
191Section 24, Township 33 S. R. 39 E.; Thence East to
192the northeast corner of southwest quarter of the
193northeast quarter of said Section 24; Thence South to
194the southeast corner of the southwest quarter of the
195northeast quarter of said Section 24; Thence East to
196the northeast corner of the west half of the northeast
197quarter of the southeast quarter of said Section 24;
198Thence South to the southeast corner of the west half
199of the southeast quarter of the northeast quarter of
200Section 25, Township 33 S. R. 39 E.; Thence East to
201the northeast corner of the southeast quarter of said
202Section 25; Thence South to the southeast corner of
203the northeast quarter of the southeast quarter of said
204Section 25; Thence East to the northeast corner of the
205west half of the southwest quarter of the southwest
206quarter of Section 30, Township 33 S. R. 40 E.; Thence
207South to the southeast corner of west half of the
208southwest quarter of the southwest quarter of said
209Section 30; Thence East to the northeast corner of the
210northwest quarter of the northwest quarter of Section
21131, Township 33 S. R. 40 E.; Thence South to the
212southeast corner of the southwest quarter of the
213northwest quarter of said Section 31; Thence East to
214the northeast corner of the west half of the northeast
215quarter of the southwest quarter of said Section 31;
216Thence South to the southeast corner of the west half
217of the northeast quarter of the southwest quarter of
218said Section 31; Thence East to the northeast corner
219of the southeast quarter of the southwest quarter of
220said Section 31; Thence South to the southeast corner
221of the southwest quarter of said Section 31, Township
22233 S. R. 40 E.; Thence West along Township lines nine
223miles more or less to the southwest corner of the
224southeast quarter of Section 34, Township 33 S. R. 38
225E.; Thence North to the northwest corner of the
226northeast quarter of Section 34, Township 33 S. R. 38
227E.; Thence West to the southwest corner of Section 27,
228Township 33 S. R. 38 E.; Thence North to the southeast
229corner of Section 9, Township 33 S. R. 38 E.; Thence
230West to the southwest corner of Section 9, Township 33
231S. R. 38 E.; Thence North to the southeast corner of
232Section 5, Township 33 S. R. 38 E.; Thence West to the
233southwest corner of southeast quarter of Section 5,
234Township 33 S. R. 38 E.; Thence North on center line
235of Section 5 to northwest corner of northeast quarter
236of Section 5, Township 33 S. R. 38 E.; Thence East
237along Township line to the northwest corner of
238Township 33 S. R. 39 E.; Thence North to the northwest
239corner of Township 32 S. R. 39 E., being the point of
240beginning.
241
242The foregoing boundaries containing and including the
243following lands, to wit:
244The East half of Section 32, Township 31 S. R. 39 E.;
245
246The Southwest quarter of northwest quarter; the
247northwest quarter of southwest quarter; the west half
248of northeast quarter of southwest quarter; the south
249half of southwest quarter; all in Section 33, Township
25031 S. R. 39 E.;
251
252Sections 5, 6, 7, 8, 16, 17, 18, 19, 20, 21, 27, 28,
25329, 30, 31, 32, 33, and 34, all in Township 32 S. R.
25439 E;
255
256The West half of Section 4, Township 32 S. R. 39 E.;
257
258The West half of southwest quarter of northeast
259quarter; the west half of northwest quarter of
260southeast quarter; the southwest quarter of southeast
261quarter; all in Section 4, Township 32 S. R. 39 E.;
262
263All of Section 9, Township 32 S. R. 39 E., except the
264east half of northeast quarter of northeast quarter of
265said section;
266
267The West half of northwest quarter of southwest
268quarter; and the southwest quarter of southwest
269quarter; all in Section 10, Township 32 S. R. 39 E.;
270
271All of the West half of Section 15, Township 32 S. R.
27239 E., except the east half of the northeast quarter
273of northwest quarter of said Section;
274
275The West half of northwest quarter of southeast
276quarter; and the southwest quarter of the southeast
277quarter; all in Section 15, Township 32 S. R. 39 E.;
278
279The West half of Section 22; the west half of the
280northeast quarter of Section 22, and the west half of
281the southeast quarter of Section 22; all in the
282township 32 S. R. 39 E.;
283
284The West half of southeast quarter of the northeast
285quarter; and the west half of the east half of the
286southeast quarter; all in Section 22, Township 32 S.
287R. 39 E.;
288
289The West half of southwest quarter of northwest
290quarter; and the west half of southeast quarter; all
291in Section 26, Township 32 S. R. 39 E.;
292
293The West half of Section 35, Township 32 S. R. 39 E.;
294except the east half of the northeast quarter of
295northwest quarter of said Section;
296
297The Southeast quarter of Section 35, Township 32, S.
298R. 39 E.;
299
300The South half of Section 36, Township 32 S. R. 39 E.;
301
302Lots 5 and 6 of Section 31, Township 32 S. R. 40 E.;
303
304Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16,
30517, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31,
30632, 33, 34, 35 and 36, all in Township 33 S. R. 39 E;
307
308The West half of west half of Section 1, Township 33
309S. R. 39 E.;
310
311The West half of southwest quarter of northwest
312quarter; the west half of northwest quarter of
313southwest quarter; the southwest quarter of southwest
314quarter; all in Section 12, Township 33 S. R. 39 E.;
315
316The West half of northwest quarter; the west half of
317southeast quarter of northwest quarter; the southwest
318quarter; the west half of southwest quarter of
319southeast quarter; all in Section 13, Township 33, S.
320R. 39 E.;
321
322The Northwest quarter; the southwest quarter; the west
323half of the northwest quarter of northeast quarter;
324the southwest quarter of northeast quarter; the west
325half of southeast quarter; the west half of northeast
326quarter of southeast quarter; the west half of
327southeast quarter of southeast quarter; all in Section
32824, Township 33 S. R. 39 E.;
329
330All of Section 25, Township 33 S. R. 39 E., except the
331east half of the east half of the northeast quarter of
332said Section;
333
334The West half of the southwest quarter of the
335southwest quarter of Section 30, Township 33 S. R. 40
336E.;
337
338The West half of the northwest quarter; the west half
339of the southwest quarter; the west half of the
340northeast quarter of the southwest quarter; the
341southeast quarter of the southwest quarter; all in
342Section 31, Township 33 S. R. 40 E.
343
344Sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 22,
34523, 24, 25, 26, 27, 35 and 36, all in Township 33 S.
346R. 38 E.;
347
348The East half of Section 5, Township 33 S. R. 38 E.;
349
350The East half of Section 34, Township 33 S. R. 38 E.
351
352     Section 2.  All of the acts and proceedings of the board of
353supervisors and all officers and agents of Indian River Farms
354Water Control District in Indian River County acting for and on
355behalf of said district prior to August 2, 1921, the effective
356date of chapter 8882 (1921), Laws of Florida, be and they are
357hereby ratified, approved, validated, and confirmed.
358     Section 3.  The provisions of the general drainage laws of
359this state applicable to drainage districts or subdrainage
360districts which are embodied in chapter 298, Florida Statutes,
361and all of the laws amendatory thereof, now existing or
362hereafter enacted, so far as not inconsistent with this act, are
363hereby declared to be applicable to said Indian River Farms
364Water Control District, except as may be otherwise herein
365provided.
366     Section 4.  Taxes shall be levied and apportioned as
367provided for in the general drainage laws of this state, which
368are embodied in chapter 298, Florida Statutes, and amendments
369thereto, except as otherwise provided herein.
370     Section 5.  Maintenance taxes as provided for under section
371298.54, Florida Statutes, shall be apportioned upon the basis of
372the net assessments of benefits assessed as accruing for
373original construction, shall be evidenced to and certified by
374the board of supervisors, not later than August 31 of each year,
375to the Property Appraiser of Indian River County, shall be
376extended by the county on the county tax roll, and shall be
377collected by the tax collector in the same manner and time as
378county taxes and the proceeds therefrom paid to said district.
379Said tax shall be a lien until paid on the property against
380which assessed and enforceable in like manner as county taxes.
381     Section 6.  All taxes levied by the district shall be and
382become delinquent and bear penalties on the amount of said taxes
383in the same manner as county taxes.
384     Section 7.  (1)  Indian River County shall be paid annually
385an amount equal to 1 percent of the total taxes of the district
386and the Tax Collector of Indian River County shall be paid
387annually an amount equal to 1 percent of the total taxes of the
388district collected for their respective services to the Indian
389River Farms Water Control District in said county for
390respectively assessing and collecting said drainage district
391taxes, provided, however, that the total amount to be paid to
392said county and tax collector in any one year shall not exceed
393the sum of $1,500 to each. All compensation paid the county and
394the tax collector shall be paid from the proceeds of the
395maintenance tax.
396     (2)  The services of said county and said county tax
397collector in assessing and collecting said drainage district
398taxes are hereby declared to be special services performed
399directly for said district and the amounts paid therefor shall
400not be considered a part of the general income of their
401respective offices, nor shall it come under the provisions of
402sections 116.03, 145.10, and 145.11, Florida Statutes. The
403personnel required to do said special work shall be paid for
404such special services by the county or the tax collector, as the
405case may be, from the receipts provided for such purpose.
406     Section 8.  All drainage taxes levied by the district,
407together with all penalties for default in payment of the same
408and all costs in collecting the same, shall constitute a lien of
409equal dignity with the liens for county taxes, and other taxes
410of equal dignity with county taxes, upon all the lands against
411which said taxes shall be levied. A sale of any of the lands
412within the district for county or other taxes shall not operate
413to relieve or release the lands so sold from the lien for
414subsequent installments of district taxes, which lien may be
415enforced against such lands as though no such sale thereof had
416been made.
417     Section 9.  The board of supervisors may issue bonds under
418the provisions of chapter 298, Florida Statutes.
419     Section 10.  (1)  After the levy of maintenance taxes for
420any year, the board of supervisors may from time to time issue
421warrants or negotiable notes or other evidences of indebtedness
422of the district, which shall be payable solely from such
423maintenance taxes and shall not be issued in an amount greater
424than the amount of such maintenance taxes then unpaid less the
425amount of any of such notes then outstanding. All such notes
426shall mature not later than 1 year after the date of issuance
427thereof, shall bear interest at a rate or rates not exceeding 6
428percent per annum, and shall have such other details as shall be
429provided in the resolution or resolutions of the board of
430supervisors authorizing the issuance thereof.
431     (2)  After the authorization of any bonds under the
432provisions of chapter 298, Florida Statutes, the board of
433supervisors may from time to time issue bond anticipation notes
434in anticipation of the issuance of such bonds and the amount
435thereof shall not exceed the amount of bonds authorized and not
436issued. Such notes shall all mature not later than 1 year after
437the date thereof and may be renewed for a further period of not
438exceeding 1 year, but all of such notes, including the renewals
439thereof, shall mature not later than 2 years after the date
440thereof. Such bond anticipation notes shall be paid from the
441proceeds of such bonds when issued, or from any taxes levied for
442the payment of such bonds which have been authorized, but in
443such case a like amount of the bonds authorized shall not be
444issued. The proceeds of any bond anticipation notes shall be
445used solely for the purposes provided in the resolution which
446authorized the issuance of the bonds in anticipation of which
447bond anticipation notes are issued.
448     Section 11.  In preparing the drainage tax book of said
449Indian River Farms Water Control District from year to year, the
450secretary of said district shall insert opposite the description
451of the tract of land to be assessed the name of the person or
452persons or corporation owning said tract on the first day of the
453preceding January to the best of the knowledge and belief of
454said secretary, but any failure to insert the name of the right
455owner shall not invalidate such assessment.
456     Section 12.  In preparing the drainage tax book of said
457Indian River Farms Water Control District from year to year, the
458secretary of said district may describe each tract of land
459according to any plat or subdivision thereof, or by metes and
460bounds, or by any other convenient and feasible manner, stating
461the actual number of acres contained in the tract to the best of
462his or her knowledge, and the owner shall be required to pay
463taxes only upon the acreage as shown by said district tax book.
464     Section 13.  Beginning with the year 1924, the annual
465landowners' meeting for said Indian River Farms Water Control
466District shall be held in the month of February in each
467successive year, on such day as the board of supervisors of said
468district may fix from time to time.
469     Section 14.  It shall be unlawful for any person, firm, or
470corporation to connect or to maintain a connection of any farm
471ditch with any of the canals, ditches, laterals, or waterways
472constructed, controlled, or maintained by Indian River Farms
473Water Control District in Indian River County, except in
474accordance with plans and specifications showing method of such
475connection as prescribed by the board of supervisors of said
476district. Any violation of this act shall be punished as
477prescribed by the general law for punishment of misdemeanors.
478The board of supervisors shall also have the right and power to
479cause any such connection constructed or maintained in violation
480of this act to be blocked or stopped up.
481     Section 15.  The Board of Supervisors of Indian River Farms
482Water Control District in Indian River County, in order to
483effect the drainage, reclamation, and protection of lands in the
484district, is hereby authorized to construct, install, and
485maintain locks, dams, and other works and facilities in the
486canals, ditches, and drains in said district and elsewhere.
487     Section 16.  In order to raise money to pay the cost of
488constructing and installing the water control and water
489conservation works and facilities herein authorized, and to pay
490the principal of and interest on any bonds or other obligations
491which may be issued to provide funds for such purposes, the
492board of supervisors of the district is hereby authorized and
493required to levy, assess, and cause to be collected an annual
494tax on all lands in said district subject to taxation. Such tax
495shall be at a uniform rate for all lands within the district and
496shall be assessed against each acre, fraction, or fractional
497interest therein.
498     Section 17.  It has been ascertained and determined and it
499is hereby declared that the water control and conservation works
500and facilities authorized to be constructed, installed, and
501maintained pursuant to the provisions of this act are for a
502public purpose and will confer benefits upon all lands within
503Indian River Farms Water Control District in an amount at least
504equal to the taxes authorized by the provisions of this act to
505be levied and that all lands in said district will be benefited
506equally by said works and facilities.
507     Section 18.  No landowner in the Indian River Farms Water
508Control District in Indian River County shall be permitted to
509vote at any landowners' meeting of said district for any lands
510in the district on which the drainage taxes are delinquent at
511the time of such meeting.
512     Section 19.  The owners and proxy holders of district
513acreage who are present at a duly noticed landowners' meeting
514shall constitute a quorum at any landowners' meeting in said
515district. A majority of the landowners present and voting shall
516elect the supervisors of said district and shall pass any motion
517and after such passage the same shall constitute the action of
518the landowners.
519     Section 20.  The board of supervisors of said district is
520hereby authorized to assess and levy a minimum drainage tax,
521which said minimum drainage tax shall be at a rate not less than
522the 1-acre tax rate as established by the district from time to
523time. Said minimum drainage tax shall apply to any one parcel
524separately assessed on the tax rolls of said tax district.
525     Section 21.  The Indian River Farms Water Control District
526is herewith authorized and empowered to expend the funds of said
527district as shall be from time to time determined by the board
528of supervisors in clearing, cleaning, and maintaining any and
529all parts of the Indian River and the swamped and submerged
530lands adjacent to any of the canals and works of said district
531in order to improve and facilitate the operations and functions
532of said district.
533     Section 22.  No entity vested with the power of eminent
534domain shall be permitted to take, by eminent domain
535proceedings, for any purpose whatsoever, any property, whether
536in fee, easement, or otherwise, belonging to the Indian River
537Farms Water Control District unless the absolute necessity for
538such taking shall be shown. However, this act shall not apply to
539the United States Government or any of its agencies, to the
540government of the state or any of its agencies, to the
541government of Indian River County or any of its agencies, and to
542the government of the City of Vero Beach or any of its agencies.
543     Section 23.  For the purposes of this act, the term
544"absolute necessity" shall mean that there is no alternative
545route open to the condemning authority or that the cost of the
546alternative route would be prohibitive in comparison to the
547overall cost of the proposed project.
548          Section 24.  The Indian River Farms Water Control District
549is hereby authorized to grant such permits as it shall deem
550proper in allowing any access over, under, or across its lands.
551     Section 25.  The board of supervisors of the district shall
552have power, in the resolution or other proceedings authorizing
553the issuance of any bonds, to enter into valid and legally
554binding covenants and agreements with the holders of such bonds
555as to the custody and security of the proceeds of said bonds, or
556of any bond anticipation notes issued in anticipation thereof,
557the custody and security of any debt service funds, including
558reserves, and the appointment of banks or trust companies as
559trustee to hold such construction funds and debt service and
560reserve funds, the rank or priority as between the bonds
561originally issued by the district and any bonds thereafter
562issued and terms and conditions under which any bonds can be
563issued by the district after the original bonds or notes have
564been issued to finance the cost of the drainage improvements or
565works, and such other covenants and conditions as shall be
566deemed necessary and advisable by the board of supervisors in
567accordance with bond market practices and in order to better
568secure the payment of such bonds and the marketability thereof.
569All such covenants and agreements shall be and constitute valid
570and legally binding obligations of the district, and the state
571does hereby covenant that it will not by any legislation
572hereafter in any manner repeal, modify, or impair the rights,
573remedies, and security of the holders of any bonds or other
574obligations issued by the district.
575     Section 26.  The district shall also have power to covenant
576and agree with the holders of such bonds that all of the fees
577and expenses for the levy and collection of taxes in said
578district and of any trustees or other custodians of the bond
579proceeds or of the construction funds or debt service funds or
580reserves therefor or the cost of the expenses of any annual
581audits or of any other annually recurring services or costs
582shall be paid from the maintenance taxes to be collected in each
583year with said district and not from the proceeds of any bonds
584or other obligations issued by said district.
585     Section 27.  It is hereby declared that in said district,
586surface waters, which shall include rainfall and the overflow of
587rivers and streams, are a common enemy, and the said district
588and any individual or agency holding a permit to do so from said
589district shall have the right to dike, dam, and construct levees
590to protect the said district or any part thereof, or the
591property of said individual or agency against the same, and
592thereby divert the course and flow of such surface water and/or
593pump the water from within such dikes and levees.
594     Section 28.  Each supervisor shall be paid for his or her
595services a per diem of $50 for each day actually engaged in work
596pertaining to the said district, but the supervisors shall not
597in any one month be paid more than $200 each, except that in
598addition to the said per diem they shall be paid 10 cents per
599mile for each mile actually traveled in going to and from their
600places of residence to the place of meeting.
601     Section 29.  If any provision of this act or the
602application thereof to any person or circumstance is held
603invalid, the invalidity shall not affect other provisions or
604applications of the act which can be given effect without the
605invalid provision or application, and to this end the provisions
606of this act are declared severable.
607     Section 4.  Chapters 8882 (1921), 9988 (1923), 10693
608(1925), 12057 (1927), 12058 (1927), 14737 (1931), 16048 (1933),
60917066 (1935), 19188 (1939), 23906 (1947), 28403 (1953), 57-1104,
61063-832, and 67-843, Laws of Florida, are repealed.
611     Section 5.  This act shall take effect upon becoming a law.


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