HB 1205

CS

CHAMBER ACTION

1	The Finance & Tax Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to Indian River Farms Water Control
7	District, Indian River County; codifying, amending,
8	reenacting, and repealing special acts relating to the
9	district; providing territorial boundaries of the
10	district; making the provisions of ch. 298, F.S.,
11	applicable thereto; providing for the levy, collection,
12	and enforcement of installment and maintenance taxes by
13	said district at the same time and in like manner as
14	county taxes; providing that said taxes shall be extended
15	by the county on the county tax roll and shall be
16	collected by the tax collector in the same manner and time
17	as county taxes; providing for the same discounts and
18	penalties as county taxes; providing for the compensation
19	of the property appraiser and tax collector; providing
20	that district taxes shall be a lien on lands against which
21	taxes are levied of equal dignity with county and other
22	taxes; authorizing the board of supervisors to issue
23	bonds; providing for floating indebtedness of the
24	district; providing that payment of taxes in advance is
25	not authorized; providing that use of bonds and interest
26	coupons in payment of taxes is not authorized; providing
27	that water is a common enemy; providing for compensation
28	of the board of supervisors; providing for severability;
29	providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  (1)  The reenactment of existing law in this
34	act shall not be construed as a grant of additional authority to
35	nor to supersede the authority of any entity pursuant to law.
36	Exceptions to law contained in any special act that are
37	reenacted pursuant to this act shall continue to apply.
38	(2)  The reenactment of existing law in this act shall not
39	be construed to modify, amend, or alter any covenants,
40	contracts, or other obligations of the district with respect to
41	bonded indebtedness. Nothing pertaining to the reenactment of
42	existing law in this act shall be construed to affect the
43	ability of the district to levy and collect taxes, assessments,
44	fees, or charges for the purpose of redeeming or servicing
45	bonded indebtedness of the district.
46	Section 2.  Chapters 8882 (1921), 9988 (1923), 10693
47	(1925), 12057 (1927), 12058 (1927), 14737 (1931), 16048 (1933),
48	17066 (1935), 19188 (1939), 23906 (1947), 28403 (1953), 57-1104,
49	63-832, and 67-843, Laws of Florida, are codified, reenacted,
50	amended, and repealed as provided in this act.
51	Section 3.  The Indian River Farms Water Control District
52	is re-created, and the charter for such district is re-created
53	and reenacted to read:
54	Section 1.  The decree of the Circuit Court in and for the
55	Fifteenth Judicial Circuit, St. Lucie County, entered in the
56	case captioned "In re: Indian River Farms Drainage District" on
57	May 6, 1919, creating and incorporating the Indian River Farms
58	Water Control District, an independent special district, under
59	chapter 6458 (1913), Laws of Florida, and the order of said
60	court approving the report of the district commissioners entered
61	on August 18, 1921, and all subsequent proceedings taken in said
62	circuit court concerning said district are hereby ratified,
63	confirmed, and approved, including its territorial boundaries as
64	follows:
65
66	Begin at the Northwest corner of Township 32 S. R. 39
67	E.; Thence East to the northwest corner of northeast
68	quarter of Section 5, Township 32 S. R. 39 E; Thence
69	North to the northwest corner of northeast quarter of
70	Section 32, Township 31 S. R. 39 E.; Thence East to
71	the northwest corner of Section 33, Township 31 S. R.
72	39 E.; Thence South to the northwest corner of the
73	southwest quarter of the northwest quarter of Section
74	33, Township 31 S. R. 39 E.; Thence East to the
75	Northeast corner of the southwest quarter to the
76	northwest quarter of said Section 33; Thence South to
77	the northeast corner of the northwest quarter of the
78	southwest quarter of said Section 33; Thence East to
79	the northeast corner of the west half of the northeast
80	quarter of the southwest quarter of said Section 33;
81	Thence South to the southeast corner of the west half
82	of the northeast quarter of the northwest quarter of
83	said Section 33; Thence East to the northeast corner
84	of the southeast quarter of the southwest quarter of
85	said Section 33; Thence South to the southeast corner
86	of the northeast quarter of the northwest quarter of
87	Section 4, Township 32 S. R. 39 E.; Thence East to the
88	northeast corner of the west half of the southwest
89	quarter of the northeast quarter of said Section 4;
90	Thence South to the southeast corner of the west half
91	of the northwest quarter of the southeast quarter of
92	said Section 4; Thence East to the northeast corner of
93	the southwest quarter of the southeast quarter of said
94	Section 4; Thence South to the southeast corner of the
95	southwest quarter of the southeast quarter of said
96	Section 4; thence East to the northeast corner of the
97	west half of the northeast quarter of the northeast
98	quarter of Section 9, Township 32 S. R. 39 E.; Thence
99	South to the southeast corner of the west half of the
100	northeast quarter of the northeast quarter of said
101	Section 9; Thence East to the northeast corner of the
102	southeast quarter of the northeast quarter of said
103	Section 9; Thence South to the southeast corner of the
104	southeast quarter of the northeast quarter of said
105	Section 9; Thence East to the northeast corner of the
106	west half of the northwest quarter of the southwest
107	quarter of Section 10, Township 32 S. R. 39 E.; Thence
108	South to the southeast corner of the west half of the
109	northwest quarter of the southwest quarter of said
110	Section 10; Thence East to the northeast corner of the
111	southwest quarter of the southwest quarter of said
112	Section 10; Thence South to the southeast corner of
113	the southwest quarter of the southwest quarter of said
114	Section 10; Thence East to the northeast corner of the
115	west half of the northeast quarter of the northwest
116	quarter of Section 15, Township 32 S. R. 39 E.; Thence
117	South to the southeast corner of the west half of the
118	northeast quarter of the northwest quarter of said
119	Section 15; Thence East to the northeast corner of the
120	southeast quarter of the northwest quarter of said
121	Section 15; Thence South to the southeast corner of
122	the northwest quarter of said Section 15; Thence East
123	to the northeast corner of the west half of the
124	northwest quarter of the southeast quarter of said
125	Section 15; Thence South to the southeast corner of
126	the west half of the northwest quarter of the
127	southeast quarter of said Section 15; Thence East to
128	the northeast corner of the southwest quarter of the
129	southeast quarter of said Section 15; Thence South to
130	the southeast corner of the northwest quarter of the
131	northeast quarter of Section 22, Township 32 S. R. 39
132	E.; Thence East to the northeast corner of the west
133	half of southeast quarter of northeast quarter of said
134	Section 22; Thence South to the southeast corner of
135	west half of southeast quarter of southeast quarter of
136	said Section 22; Thence East to the northeast corner
137	of Section 27, Township 32 S. R. 39 E.; Thence South
138	to the southeast corner of northeast quarter of
139	northeast quarter of said Section 27; Thence East to
140	the northeast corner of west half of the southwest
141	quarter of the northwest quarter of Section 26,
142	Township 32 S R. 39 E.; Thence South to the southeast
143	corner of the west half of southwest quarter of the
144	northwest quarter of said Section 26; Thence East to
145	the northeast corner of the northwest quarter of the
146	southwest quarter of said Section 26; Thence South to
147	the southeast corner of the southwest quarter of the
148	southwest quarter of said Section 26; Thence East to
149	the northeast corner of west half of the northeast
150	quarter of northwest quarter of Section 35, Township
151	32 S. R. 39 E.; Thence South to the southeast corner
152	of the west half of northeast quarter of the northwest
153	quarter of said Section 35; Thence East to the
154	northeast corner of the southeast quarter of northwest
155	quarter of said Section 35; Thence South to the
156	southeast corner of northwest quarter of said Section
157	35; Thence East on the center line of Sections 35 and
158	36, Township 32 S. R. 39 E., and along the center line
159	of Section 31, Township 32 S. R. 40 E. to the water's
160	edge of Indian River; Thence southerly along the
161	water's edge of the Indian River to the north line of
162	Township 33 S. R. 40 E.; Thence West along said
163	township line to the northeast corner of the west half
164	of the west half of Section 1, Township 33 S. R. 39
165	E.; Thence South to the southeast corner of west half
166	of west half of said Section 1; Thence west to the
167	northwest corner of Section 12, Township 33 S. R. 39
168	E.; Thence South to the southwest corner of the
169	northwest quarter of the northwest quarter of said
170	Section 12; Thence East to the northeast corner of the
171	west half of the southwest quarter of the northwest
172	quarter of said Section 12; Thence South to the
173	southeast corner of the west half of the northwest
174	quarter of the southwest quarter of said Section 12;
175	Thence East to the northeast corner of southwest
176	quarter of the southwest quarter of said Section 12;
177	Thence South to the southeast corner of the northwest
178	quarter of the northwest quarter of Section 13,
179	Township 33 S. R. 39 E.; Thence East to the northeast
180	corner of the west half of the southeast quarter of
181	the northwest quarter of said Section 13; Thence South
182	to the southeast corner of west half of the southeast
183	quarter of the northwest quarter of said Section 13;
184	Thence East to the northeast corner of the southwest
185	quarter of said Section 13; Thence South to the
186	southeast corner of the northeast quarter of the
187	southwest quarter of said Section 13; Thence East to
188	the northeast corner of the west half of the southwest
189	quarter of the southeast quarter of said Section 13;
190	Thence South to the southeast corner of the west half
191	of the northwest quarter of the northeast quarter of
192	Section 24, Township 33 S. R. 39 E.; Thence East to
193	the northeast corner of southwest quarter of the
194	northeast quarter of said Section 24; Thence South to
195	the southeast corner of the southwest quarter of the
196	northeast quarter of said Section 24; Thence East to
197	the northeast corner of the west half of the northeast
198	quarter of the southeast quarter of said Section 24;
199	Thence South to the southeast corner of the west half
200	of the southeast quarter of the northeast quarter of
201	Section 25, Township 33 S. R. 39 E.; Thence East to
202	the northeast corner of the southeast quarter of said
203	Section 25; Thence South to the southeast corner of
204	the northeast quarter of the southeast quarter of said
205	Section 25; Thence East to the northeast corner of the
206	west half of the southwest quarter of the southwest
207	quarter of Section 30, Township 33 S. R. 40 E.; Thence
208	South to the southeast corner of west half of the
209	southwest quarter of the southwest quarter of said
210	Section 30; Thence East to the northeast corner of the
211	northwest quarter of the northwest quarter of Section
212	31, Township 33 S. R. 40 E.; Thence South to the
213	southeast corner of the southwest quarter of the
214	northwest quarter of said Section 31; Thence East to
215	the northeast corner of the west half of the northeast
216	quarter of the southwest quarter of said Section 31;
217	Thence South to the southeast corner of the west half
218	of the northeast quarter of the southwest quarter of
219	said Section 31; Thence East to the northeast corner
220	of the southeast quarter of the southwest quarter of
221	said Section 31; Thence South to the southeast corner
222	of the southwest quarter of said Section 31, Township
223	33 S. R. 40 E.; Thence West along Township lines nine
224	miles more or less to the southwest corner of the
225	southeast quarter of Section 34, Township 33 S. R. 38
226	E.; Thence North to the northwest corner of the
227	northeast quarter of Section 34, Township 33 S. R. 38
228	E.; Thence West to the southwest corner of Section 27,
229	Township 33 S. R. 38 E.; Thence North to the southeast
230	corner of Section 9, Township 33 S. R. 38 E.; Thence
231	West to the southwest corner of Section 9, Township 33
232	S. R. 38 E.; Thence North to the southeast corner of
233	Section 5, Township 33 S. R. 38 E.; Thence West to the
234	southwest corner of southeast quarter of Section 5,
235	Township 33 S. R. 38 E.; Thence North on center line
236	of Section 5 to northwest corner of northeast quarter
237	of Section 5, Township 33 S. R. 38 E.; Thence East
238	along Township line to the northwest corner of
239	Township 33 S. R. 39 E.; Thence North to the northwest
240	corner of Township 32 S. R. 39 E., being the point of
241	beginning.
242
243	The foregoing boundaries containing and including the
244	following lands, to wit:
245	The East half of Section 32, Township 31 S. R. 39 E.;
246
247	The Southwest quarter of northwest quarter; the
248	northwest quarter of southwest quarter; the west half
249	of northeast quarter of southwest quarter; the south
250	half of southwest quarter; all in Section 33, Township
251	31 S. R. 39 E.;
252
253	Sections 5, 6, 7, 8, 16, 17, 18, 19, 20, 21, 27, 28,
254	29, 30, 31, 32, 33, and 34, all in Township 32 S. R.
255	39 E;
256
257	The West half of Section 4, Township 32 S. R. 39 E.;
258
259	The West half of southwest quarter of northeast
260	quarter; the west half of northwest quarter of
261	southeast quarter; the southwest quarter of southeast
262	quarter; all in Section 4, Township 32 S. R. 39 E.;
263
264	All of Section 9, Township 32 S. R. 39 E., except the
265	east half of northeast quarter of northeast quarter of
266	said section;
267
268	The West half of northwest quarter of southwest
269	quarter; and the southwest quarter of southwest
270	quarter; all in Section 10, Township 32 S. R. 39 E.;
271
272	All of the West half of Section 15, Township 32 S. R.
273	39 E., except the east half of the northeast quarter
274	of northwest quarter of said Section;
275
276	The West half of northwest quarter of southeast
277	quarter; and the southwest quarter of the southeast
278	quarter; all in Section 15, Township 32 S. R. 39 E.;
279
280	The West half of Section 22; the west half of the
281	northeast quarter of Section 22, and the west half of
282	the southeast quarter of Section 22; all in the
283	township 32 S. R. 39 E.;
284
285	The West half of southeast quarter of the northeast
286	quarter; and the west half of the east half of the
287	southeast quarter; all in Section 22, Township 32 S.
288	R. 39 E.;
289
290	The West half of southwest quarter of northwest
291	quarter; and the west half of southeast quarter; all
292	in Section 26, Township 32 S. R. 39 E.;
293
294	The West half of Section 35, Township 32 S. R. 39 E.;
295	except the east half of the northeast quarter of
296	northwest quarter of said Section;
297
298	The Southeast quarter of Section 35, Township 32, S.
299	R. 39 E.;
300
301	The South half of Section 36, Township 32 S. R. 39 E.;
302
303	Lots 5 and 6 of Section 31, Township 32 S. R. 40 E.;
304
305	Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16,
306	17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31,
307	32, 33, 34, 35 and 36, all in Township 33 S. R. 39 E;
308
309	The West half of west half of Section 1, Township 33
310	S. R. 39 E.;
311
312	The West half of southwest quarter of northwest
313	quarter; the west half of northwest quarter of
314	southwest quarter; the southwest quarter of southwest
315	quarter; all in Section 12, Township 33 S. R. 39 E.;
316
317	The West half of northwest quarter; the west half of
318	southeast quarter of northwest quarter; the southwest
319	quarter; the west half of southwest quarter of
320	southeast quarter; all in Section 13, Township 33, S.
321	R. 39 E.;
322
323	The Northwest quarter; the southwest quarter; the west
324	half of the northwest quarter of northeast quarter;
325	the southwest quarter of northeast quarter; the west
326	half of southeast quarter; the west half of northeast
327	quarter of southeast quarter; the west half of
328	southeast quarter of southeast quarter; all in Section
329	24, Township 33 S. R. 39 E.;
330
331	All of Section 25, Township 33 S. R. 39 E., except the
332	east half of the east half of the northeast quarter of
333	said Section;
334
335	The West half of the southwest quarter of the
336	southwest quarter of Section 30, Township 33 S. R. 40
337	E.;
338
339	The West half of the northwest quarter; the west half
340	of the southwest quarter; the west half of the
341	northeast quarter of the southwest quarter; the
342	southeast quarter of the southwest quarter; all in
343	Section 31, Township 33 S. R. 40 E.
344
345	Sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 22,
346	23, 24, 25, 26, 27, 35 and 36, all in Township 33 S.
347	R. 38 E.;
348
349	The East half of Section 5, Township 33 S. R. 38 E.;
350
351	The East half of Section 34, Township 33 S. R. 38 E.
352
353	Section 2.  All of the acts and proceedings of the board of
354	supervisors and all officers and agents of Indian River Farms
355	Water Control District in Indian River County acting for and on
356	behalf of said district prior to August 2, 1921, the effective
357	date of chapter 8882 (1921), Laws of Florida, be and they are
358	hereby ratified, approved, validated, and confirmed.
359	Section 3.  The provisions of the general drainage laws of
360	this state applicable to drainage districts or subdrainage
361	districts which are embodied in chapter 298, Florida Statutes,
362	and all of the laws amendatory thereof, now existing or
363	hereafter enacted, so far as not inconsistent with this act, are
364	hereby declared to be applicable to said Indian River Farms
365	Water Control District, except as may be otherwise herein
366	provided.
367	Section 4.  Taxes shall be levied and apportioned as
368	provided for in the general drainage laws of this state, which
369	are embodied in chapter 298, Florida Statutes, and amendments
370	thereto, except as otherwise provided herein.
371	Section 5.  Maintenance taxes as provided for under section
372	298.54, Florida Statutes, shall be apportioned upon the basis of
373	the net assessments of benefits assessed as accruing for
374	original construction, shall be evidenced to and certified by
375	the board of supervisors, not later than August 31 of each year,
376	to the Property Appraiser of Indian River County, shall be
377	extended by the county on the county tax roll, and shall be
378	collected by the tax collector in the same manner and time as
379	county taxes and the proceeds therefrom paid to said district.
380	Said tax shall be a lien until paid on the property against
381	which assessed and enforceable in like manner as county taxes.
382	Section 6.  All taxes levied by the district shall be and
383	become delinquent and bear penalties on the amount of said taxes
384	in the same manner as county taxes.
385	Section 7.  (1)  The Property Appraiser of Indian River
386	County shall be paid annually an amount equal to 1 percent of
387	the total taxes of the district and the Tax Collector of Indian
388	River County shall be paid annually an amount equal to 1 percent
389	of the total taxes of the district collected for their
390	respective services to the Indian River Farms Water Control
391	District in said county for respectively assessing and
392	collecting said drainage district taxes, provided, however, that
393	the total amount to be paid to said property appraiser and tax
394	collector in any one year shall not exceed the sum of $1,500 to
395	each. All compensation paid the property appraiser and the tax
396	collector shall be paid from the proceeds of the maintenance
397	tax.
398	(2)  The services of said county property appraiser and
399	county tax collector in assessing and collecting said drainage
400	district taxes are hereby declared to be special services
401	performed directly for said district and the amounts paid
402	therefor shall not be considered a part of the general income of
403	their respective offices, nor shall it come under the provisions
404	of sections 116.03, 145.10, and 145.11, Florida Statutes. The
405	personnel required to do said special work shall be paid for
406	such special services by the property appraiser or the tax
407	collector, as the case may be, from the receipts provided for
408	such purpose.
409	Section 8.  All drainage taxes levied by the district,
410	together with all penalties for default in payment of the same
411	and all costs in collecting the same, shall constitute a lien of
412	equal dignity with the liens for county taxes, and other taxes
413	of equal dignity with county taxes, upon all the lands against
414	which said taxes shall be levied. A sale of any of the lands
415	within the district for county or other taxes shall not operate
416	to relieve or release the lands so sold from the lien for
417	subsequent installments of district taxes, which lien may be
418	enforced against such lands as though no such sale thereof had
419	been made.
420	Section 9.  The board of supervisors may issue bonds under
421	the provisions of chapter 298, Florida Statutes.
422	Section 10.  (1)  After the levy of maintenance taxes for
423	any year, the board of supervisors may from time to time issue
424	warrants or negotiable notes or other evidences of indebtedness
425	of the district, which shall be payable solely from such
426	maintenance taxes and shall not be issued in an amount greater
427	than the amount of such maintenance taxes then unpaid less the
428	amount of any of such notes then outstanding. All such notes
429	shall mature not later than 1 year after the date of issuance
430	thereof, shall bear interest at a rate or rates not exceeding 6
431	percent per annum, and shall have such other details as shall be
432	provided in the resolution or resolutions of the board of
433	supervisors authorizing the issuance thereof.
434	(2)  After the authorization of any bonds under the
435	provisions of chapter 298, Florida Statutes, the board of
436	supervisors may from time to time issue bond anticipation notes
437	in anticipation of the issuance of such bonds and the amount
438	thereof shall not exceed the amount of bonds authorized and not
439	issued. Such notes shall all mature not later than 1 year after
440	the date thereof and may be renewed for a further period of not
441	exceeding 1 year, but all of such notes, including the renewals
442	thereof, shall mature not later than 2 years after the date
443	thereof. Such bond anticipation notes shall be paid from the
444	proceeds of such bonds when issued, or from any taxes levied for
445	the payment of such bonds which have been authorized, but in
446	such case a like amount of the bonds authorized shall not be
447	issued. The proceeds of any bond anticipation notes shall be
448	used solely for the purposes provided in the resolution which
449	authorized the issuance of the bonds in anticipation of which
450	bond anticipation notes are issued.
451	Section 11.  In preparing the drainage tax book of said
452	Indian River Farms Water Control District from year to year, the
453	secretary of said district shall insert opposite the description
454	of the tract of land to be assessed the name of the person or
455	persons or corporation owning said tract on the first day of the
456	preceding January to the best of the knowledge and belief of
457	said secretary, but any failure to insert the name of the right
458	owner shall not invalidate such assessment.
459	Section 12.  In preparing the drainage tax book of said
460	Indian River Farms Water Control District from year to year, the
461	secretary of said district may describe each tract of land
462	according to any plat or subdivision thereof, or by metes and
463	bounds, or by any other convenient and feasible manner, stating
464	the actual number of acres contained in the tract to the best of
465	his or her knowledge, and the owner shall be required to pay
466	taxes only upon the acreage as shown by said district tax book.
467	Section 13.  Beginning with the year 1924, the annual
468	landowners' meeting for said Indian River Farms Water Control
469	District shall be held in the month of February in each
470	successive year, on such day as the board of supervisors of said
471	district may fix from time to time.
472	Section 14.  It shall be unlawful for any person, firm, or
473	corporation to connect or to maintain a connection of any farm
474	ditch with any of the canals, ditches, laterals, or waterways
475	constructed, controlled, or maintained by Indian River Farms
476	Water Control District in Indian River County, except in
477	accordance with plans and specifications showing method of such
478	connection as prescribed by the board of supervisors of said
479	district. Any violation of this act shall be punished as
480	prescribed by the general law for punishment of misdemeanors.
481	The board of supervisors shall also have the right and power to
482	cause any such connection constructed or maintained in violation
483	of this act to be blocked or stopped up.
484	Section 15.  The Board of Supervisors of Indian River Farms
485	Water Control District in Indian River County, in order to
486	effect the drainage, reclamation, and protection of lands in the
487	district, is hereby authorized to construct, install, and
488	maintain locks, dams, and other works and facilities in the
489	canals, ditches, and drains in said district and elsewhere.
490	Section 16.  In order to raise money to pay the cost of
491	constructing and installing the water control and water
492	conservation works and facilities herein authorized, and to pay
493	the principal of and interest on any bonds or other obligations
494	which may be issued to provide funds for such purposes, the
495	board of supervisors of the district is hereby authorized and
496	required to levy, assess, and cause to be collected an annual
497	tax on all lands in said district subject to taxation. Such tax
498	shall be at a uniform rate for all lands within the district and
499	shall be assessed against each acre, fraction, or fractional
500	interest therein.
501	Section 17.  It has been ascertained and determined and it
502	is hereby declared that the water control and conservation works
503	and facilities authorized to be constructed, installed, and
504	maintained pursuant to the provisions of this act are for a
505	public purpose and will confer benefits upon all lands within
506	Indian River Farms Water Control District in an amount at least
507	equal to the taxes authorized by the provisions of this act to
508	be levied and that all lands in said district will be benefited
509	equally by said works and facilities.
510	Section 18.  No landowner in the Indian River Farms Water
511	Control District in Indian River County shall be permitted to
512	vote at any landowners' meeting of said district for any lands
513	in the district on which the drainage taxes are delinquent at
514	the time of such meeting.
515	Section 19.  The owners and proxy holders of district
516	acreage who are present at a duly noticed landowners' meeting
517	shall constitute a quorum at any landowners' meeting in said
518	district. A majority of the landowners present and voting shall
519	elect the supervisors of said district and shall pass any motion
520	and after such passage the same shall constitute the action of
521	the landowners.
522	Section 20.  The board of supervisors of said district is
523	hereby authorized to assess and levy a minimum drainage tax,
524	which said minimum drainage tax shall be at a rate not less than
525	the 1-acre tax rate as established by the district from time to
526	time. Said minimum drainage tax shall apply to any one parcel
527	separately assessed on the tax rolls of said tax district.
528	Section 21.  The Indian River Farms Water Control District
529	is herewith authorized and empowered to expend the funds of said
530	district as shall be from time to time determined by the board
531	of supervisors in clearing, cleaning, and maintaining any and
532	all parts of the Indian River and the swamped and submerged
533	lands adjacent to any of the canals and works of said district
534	in order to improve and facilitate the operations and functions
535	of said district.
536	Section 22.  No entity vested with the power of eminent
537	domain shall be permitted to take, by eminent domain
538	proceedings, for any purpose whatsoever, any property, whether
539	in fee, easement, or otherwise, belonging to the Indian River
540	Farms Water Control District unless the absolute necessity for
541	such taking shall be shown. However, this act shall not apply to
542	the United States Government or any of its agencies, to the
543	government of the state or any of its agencies, to the
544	government of Indian River County or any of its agencies, and to
545	the government of the City of Vero Beach or any of its agencies.
546	Section 23.  For the purposes of this act, the term
547	"absolute necessity" shall mean that there is no alternative
548	route open to the condemning authority or that the cost of the
549	alternative route would be prohibitive in comparison to the
550	overall cost of the proposed project.
551	Section 24.  The Indian River Farms Water Control District
552	is hereby authorized to grant such permits as it shall deem
553	proper in allowing any access over, under, or across its lands.
554	Section 25.  The board of supervisors of the district shall
555	have power, in the resolution or other proceedings authorizing
556	the issuance of any bonds, to enter into valid and legally
557	binding covenants and agreements with the holders of such bonds
558	as to the custody and security of the proceeds of said bonds, or
559	of any bond anticipation notes issued in anticipation thereof,
560	the custody and security of any debt service funds, including
561	reserves, and the appointment of banks or trust companies as
562	trustee to hold such construction funds and debt service and
563	reserve funds, the rank or priority as between the bonds
564	originally issued by the district and any bonds thereafter
565	issued and terms and conditions under which any bonds can be
566	issued by the district after the original bonds or notes have
567	been issued to finance the cost of the drainage improvements or
568	works, and such other covenants and conditions as shall be
569	deemed necessary and advisable by the board of supervisors in
570	accordance with bond market practices and in order to better
571	secure the payment of such bonds and the marketability thereof.
572	All such covenants and agreements shall be and constitute valid
573	and legally binding obligations of the district, and the state
574	does hereby covenant that it will not by any legislation
575	hereafter in any manner repeal, modify, or impair the rights,
576	remedies, and security of the holders of any bonds or other
577	obligations issued by the district.
578	Section 26.  The district shall also have power to covenant
579	and agree with the holders of such bonds that all of the fees
580	and expenses for the levy and collection of taxes in said
581	district and of any trustees or other custodians of the bond
582	proceeds or of the construction funds or debt service funds or
583	reserves therefor or the cost of the expenses of any annual
584	audits or of any other annually recurring services or costs
585	shall be paid from the maintenance taxes to be collected in each
586	year with said district and not from the proceeds of any bonds
587	or other obligations issued by said district.
588	Section 27.  It is hereby declared that in said district,
589	surface waters, which shall include rainfall and the overflow of
590	rivers and streams, are a common enemy, and the said district
591	and any individual or agency holding a permit to do so from said
592	district shall have the right to dike, dam, and construct levees
593	to protect the said district or any part thereof, or the
594	property of said individual or agency against the same, and
595	thereby divert the course and flow of such surface water and/or
596	pump the water from within such dikes and levees.
597	Section 28.  Each supervisor shall be paid for his or her
598	services a per diem of $50 for each day actually engaged in work
599	pertaining to the said district, but the supervisors shall not
600	in any one month be paid more than $200 each, except that in
601	addition to the said per diem they shall be paid 10 cents per
602	mile for each mile actually traveled in going to and from their
603	places of residence to the place of meeting.
604	Section 29.  If any provision of this act or the
605	application thereof to any person or circumstance is held
606	invalid, the invalidity shall not affect other provisions or
607	applications of the act which can be given effect without the
608	invalid provision or application, and to this end the provisions
609	of this act are declared severable.
610	Section 4.  Chapters 8882 (1921), 9988 (1923), 10693
611	(1925), 12057 (1927), 12058 (1927), 14737 (1931), 16048 (1933),
612	17066 (1935), 19188 (1939), 23906 (1947), 28403 (1953), 57-1104,
613	63-832, and 67-843, Laws of Florida, are repealed.
614	Section 5.  This act shall take effect upon becoming a law.

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