HB 1387

1
A bill to be entitled
2An act relating to the St Johns Water Control District,
3Indian River County; codifying, amending, reenacting, and
4repealing a special act relating to St. Johns Water
5Control District, a special tax district; providing that
6the name of the district shall be the St. Johns
7Improvement District; providing for legislative intent;
8providing for applicability of chapter 298, F.S., and
9other general laws; providing additional authority
10relating to the provision of public infrastructure,
11services, assessment, levy, and collection of taxes, non-
12ad valorem assessments and fees, public finance, and
13district operations; providing powers of the district;
14providing for compliance with county plans and
15regulations; providing for election of a board of
16supervisors; providing for organization, powers, duties,
17terms of office, and compensation of the board; providing
18for levy of ad valorem taxes and non-ad valorem
19assessments; providing for costs; requiring a referendum
20under specified circumstances; providing for collection,
21enforcement, and penalties; providing for issuance of
22revenue bonds, assessment bonds, and bond anticipation
23notes; providing for general obligation bonds; providing a
24district charter; repealing chapter 2006-342, Laws of
25Florida, relating to the district; providing severability;
26providing an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  (1)  The reenactment of existing law in this
31act shall not be construed as a grant of additional authority to
32nor to supersede the authority of any entity pursuant to law.
33Exceptions to law contained in any special act that are
34reenacted pursuant to this act shall continue to apply.
35     (2)  The reenactment of existing law in this act shall not
36be construed to modify, amend, or alter any covenants,
37contracts, or other obligations of the district with respect to
38bonded indebtedness. Nothing pertaining to the reenactment of
39existing law in this act shall be construed to affect the
40ability of the district to levy and collect taxes, assessments,
41fees, or charges for the purpose of redeeming or servicing
42bonded indebtedness of the district.
43     Section 2.  Chapter 2006-342, Laws of Florida, is codified,
44reenacted, amended, and repealed as herein provided.
45     Section 3.  The St. Johns Water Control District is renamed
46and the charter for such district is re-created and reenacted to
47read:
48     Section 1.  District renamed.--The St. Johns Water Control
49District shall henceforth be known as the "St. Johns Improvement
50District."
51     Section 2.  District created and boundaries thereof.--For
52the purposes of providing public infrastructure, services, the
53assessment, levy, and collection of taxes, non-ad valorem
54assessments and fees, the operation of district facilities and
55services, and all other purposes stated in this act consistent
56with chapters 189 and 298, Florida Statutes, and other
57applicable general law, an independent improvement district is
58hereby created and established in Indian River County, to be
59known as the St. Johns Improvement District, the territorial
60boundaries of which shall be as follows, to wit:
61
62From the center of Section 5, Township 33 South, Range
6338 East, run West along the centerline of Highway 60
64through Sections 5 and 6, and in Township 33 South,
65Range 37 East continue west along the centerline of
66State Highway 60 through Sections 1, 2, 3, 4, 5, and 6
67to the West Boundary of Section 6; thence South along
68the West boundary of Sections 6, 7, 18, 19 to the
69Southwest corner of Section 19; thence East along the
70South boundary of Section 19 to the Southeast corner
71of said Section 19; thence South along the West
72boundary of Sections 29 and 32 to the Southwest corner
73of Section 32; thence Easterly along the South
74boundary of Sections 32, 33, 34, 35 and 36 to the
75Southeast corner of Section 36, all lying in Township
7633 South, Range 37 East; thence in Township 33 South,
77Range 38 East, run Easterly along the South boundary
78of Sections 31 and 32 to the Southeast corner of
79Section 32; thence run North to the Northeast corner
80of Section 29, Township 33 South, Range 38 East;
81thence run Easterly to the Southeast corner of Section
8221, Township 33 South, Range 38 East; thence Northerly
83along the East boundaries of Sections 21 and 16 to the
84Northeast corner of the Southeast one-quarter(SE
851/4)of Section 16, Township 33 South, Range 38 East;
86thence Westerly to the center of Section 16; thence
87Northerly to the Northeast corner of the Northwest
88one-quarter (NW 1/4) of Section 16; thence Westerly to
89the Southeast corner of Section 8; thence North to the
90Northeast corner of Section 8; thence Westerly to the
91Southeast corner of the Southwest one-quarter (SW 1/4)
92of Section 5; thence North to the Center of Section 5
93and the point of beginning; LESS HOWEVER, all rights-
94of-way and road easements of record.  
95
96All in the County of Indian River, State of Florida,
97consisting of 27,743,40 acres, more or less.
98
99     Section 3.  Provisions of other laws made applicable.--The
100provisions of chapter 298, Florida Statutes, and all of the laws
101amendatory thereof, now existing or hereafter enacted, are
102applicable to said St. Johns Improvement District. St. Johns
103Improvement District shall have all of the powers and
104authorities mentioned in or conferred by said chapter 298,
105Florida Statutes.
106     Section 4. Powers of the district; compliance with county
107plans and regulations.--
108     (1)  The district shall have the following powers:
109     (a)  To sue and be sued in its name in any court of law or in
110equity, to make contracts, to adopt and use a corporate seal, and
111to alter the same at pleasure.
112     (b)  To acquire by purchase, gift, or condemnation real and
113personal property, either or both, within or without the
114district, and to convey and dispose of such real and personal
115property, either or both, as may be necessary or convenient to
116carry out the purposes, or any of the purposes, of this act, and
117chapter 298, Florida Statutes.
118     (c)  To finance, fund, plan, establish, construct, equip,
119operate, and maintain canals, ditches, drains, levees, lakes,
120ponds, control structures, or similar devices for water control
121and diversion and other works for water management and control
122purposes.
123     (d)  To acquire, purchase, finance, fund, plan, establish,
124equip, operate, and maintain pumps, plants, and pumping systems
125for water management and control purposes.
126     (e)  To finance, fund, plan, establish, construct, equip,
127operate, and maintain irrigation works, machinery, and plants.
128     (f)  To finance, fund, plan, establish, construct, improve,
129pave, equip, operate, and maintain roadways and roads necessary
130and convenient for the exercise of the powers or duties or any
131of the powers or duties of said district or the supervisors
132thereof; and to include as a component of roads, parkways,
133bridges, landscaping, irrigation, drainage, bicycle and jogging
134paths, street lighting, traffic signals, road striping, and all
135other customary elements of a modern road system.
136     (g)  To finance, fund, plan, establish, acquire, construct
137or reconstruct, enlarge or extend, equip, operate, and maintain
138systems and facilities for providing transportation throughout
139the district, including private or contract carriers, buses,
140vehicles, railroads, and other transportation facilities, to
141meet the transportation requirements of the district in
142activities conducted within the district.
143     (h)  To finance, fund, plan, establish, acquire, construct
144or reconstruct, enlarge or extend, equip, operate, and maintain
145parking facilities within the district boundaries.
146     (i)  To finance, fund, plan, establish, acquire, construct
147or reconstruct, enlarge or extend, equip, operate, and maintain
148additional systems and facilities for parks and facilities for
149indoor and outdoor recreational, cultural, and educational uses.
150     (j)  To acquire, construct, finance, fund, plan, establish,
151equip, operate, and maintain water plants and systems to
152produce, purify, and distribute water for consumption.
153     (k)  To acquire, construct, finance, fund, establish, plan,
154equip, operate, and maintain sewer systems for the collection,
155disposal, and reuse of waste and wastewater and to prevent water
156pollution in the district.
157     (l)  To levy ad valorem taxes, non-ad valorem assessments,
158prescribe, fix, establish, and collect rates, fees, rentals,
159fares, or other charges, and to revise the same from time to
160time, for the facilities and services furnished or to be
161furnished by the district and to recover the cost of making
162connection to any district facility or system.
163     (m)  To provide for the discontinuance of service and
164reasonable penalties including attorney's fees, against any user
165or property for any such rates, fees, rentals, fares, or other
166charges that become delinquent and require collection. However,
167no charges or fees shall be established until after a public
168hearing of the board at the district at which all affected
169persons shall be given an opportunity to be heard.
170     (n)  To enter into agreements with any person, firm, or
171corporation for the furnishing by such person, firm, or
172corporation of any facilities and services of the type provided
173for in this act.
174     (o)  To enter into impact fee credit agreements with local
175general purpose governments. In the event the district enters
176into an impact fee credit agreement with a local general purpose
177government where the district constructs or makes contributions
178for public facilities for which impact fee credits would be
179available, the agreement may provide that such impact fee
180credits shall inure to the landowners within the district in
181proportion to their relative assessments, and the district
182shall, from time to time, execute such instruments, such as
183assignments of impact fee credits, as may be necessary or
184desirable to accomplish or confirm the foregoing.
185     (p)  To finance, fund, plan, establish, equip, construct,
186operate, and maintain facilities for and take measures to
187control mosquitoes and other arthropods of public health
188importance.
189     (q)  To finance, fund, plan, establish, acquire, construct
190or reconstruct, enlarge or extend, equip, operate, and maintain
191additional systems and facilities for conservation areas,
192mitigation areas, and wildlife habitat, including the
193maintenance of any plant or animal species, and any related
194interest in real or personal property.
195     (r)  To borrow money and issue negotiable or other bonds of
196said district as hereinafter provided; to borrow money, from
197time to time, and issue negotiable or other notes of said
198district therefore, bearing interest at not exceeding the
199maximum interest allowable by law, in anticipation of the
200collection of taxes, levies, and assessments or revenues of said
201district; to pledge or hypothecate such taxes, levies,
202assessments, and revenues to secure such bonds, notes, or
203obligations; and to sell, discount, negotiate, and dispose of
204the same.
205     (s)  To provide public safety, including, but not limited
206to, security, guardhouses, fences and gates, electronic
207intrusion detection systems, and patrol cars, when authorized by
208proper governmental agencies; except that the district may not
209exercise any police power, but may contract with the appropriate
210local general purpose government agencies for an increased level
211of such service within the district boundaries.
212     (t)  To provide systems and facilities for fire prevention
213and control and emergency medical services, including the
214construction or purchase of fire stations, water mains and
215plugs, fire trucks, and other vehicles and equipment.
216     (u)  To finance, fund, plan, establish, acquire, construct
217or reconstruct, enlarge or extend, equip, operate, and maintain
218additional systems and facilities for school buildings and
219related structures, which may be leased, sold, or donated to the
220school district for use in the educational system when
221authorized by the district school board.
222     (v)  To establish and create such departments, committees,
223boards, or other agencies, including a public relations
224committee, as from time to time the board of supervisors may
225deem necessary or desirable in the performance in the acts or
226other things necessary to the exercise of the powers provided in
227this act, and to delegate to such departments, boards, or other
228agencies such administrative duties and other powers as the
229board of supervisors may deem necessary or desirable.
230     (w)  To exercise all other powers necessary convenient or
231proper in connection with any of the powers or duties of said
232district stated in this act. The powers and duties of said
233district shall be exercised by and through the board of
234supervisors thereof, which board shall have the authority to
235employ engineers, attorneys, agents, employees, and
236representatives as the board of supervisors may, from time to
237time, determine, and to fix their compensation and duties.
238However, in addition thereto, said district shall have all of
239the powers provided for in chapter 298, Florida Statutes. All
240powers and authority of the district shall extend and apply to
241the district as a whole and to each unit of development as, from
242time to time, may be designated by the board of supervisors.
243     (2)  Notwithstanding any authority contained within this
244section, the development, operation, or maintenance of any
245district facilities or services shall comply with the adopted
246comprehensive plan for Indian River County and any adopted land
247development regulations adopted thereunder which apply within
248the geographic boundaries of the district.
249     Section 5.  Board of supervisors, organization, powers,
250duties, and terms of office.--
251     (1)  There is created a Board of Supervisors of St. Johns
252Improvement District that shall be the governing body of said
253district. Said board of supervisors shall consist of three
254persons, who, except as herein otherwise provided, shall hold
255office for terms of 3 years each and until their successors
256shall be duly elected and qualified.
257     (2)  Each year during the month of June, a supervisor shall
258be elected, as hereinafter provided, by the landowners of said
259district to take the place of the retiring supervisor. All
260vacancies or expirations on said board shall be filled as
261required by this act and chapter 298, Florida Statutes. The
262supervisors of said St. Johns Improvement District shall be
263residents of the state and citizens of the United States. In
264case of a vacancy in the office of any supervisor, the remaining
265supervisors may fill such vacancy until the next annual meeting
266of the landowners, when his or her successor shall be elected by
267the landowners for the unexpired term. As soon as practicable
268after their election, the board of supervisors of said district
269shall organize by choosing one of their number president of said
270board of supervisors and by electing some suitable person
271secretary, who may or may not be a member of said board. The
272board of supervisors shall adopt a seal that shall be the seal
273of said district. At each annual meeting of the landowners of
274the district, the board of supervisors shall report all work
275undertaken or completed during the preceding year, and the
276status of the finances of the district.
277     (3)  All supervisors shall hold office until their
278successors are elected and qualified. Any election shall be
279authorized or required by this act to be held by the landowners
280at any particular or stated time or day, and if for any reason
281such election shall not or cannot be held at such time or on
282such day, then in such event and in all and every such event,
283the power or duty to hold such election shall not cease or
284lapse, but such election shall be held thereafter as soon as
285practicable and consistent with this act.
286     Section 6.  Compensation of board.--Each supervisor shall
287be paid for his or her services a per diem of $25 for each day
288actually engaged in work pertaining to the district. In addition
289to the said per diem, supervisors shall be paid travel and
290related expenses at rates authorized by general law for public
291officials pursuant to chapter 112, Florida Statutes.
292     Section 7.  Meetings of landowners; election of
293supervisors.--Each year during the month of June, a meeting of
294the landowners of said district shall be held for the purpose of
295electing a supervisor to take the place of the retiring
296supervisor, and hearing reports of the board of supervisors.
297Elections shall be conducted in accord with applicable
298provisions of chapter 298, Florida Statutes.
299     Section 8.  Taxes; non-ad valorem assessments.--
300     (1)  AD VALOREM TAXES.--The board of supervisors, subject
301to referendum approval pursuant to Art. VII, s. 9 of the State
302Constitution, shall have the power to levy and assess an ad
303valorem tax on all the taxable real and tangible personal
304property in the district to pay the principal of and interest on
305any general obligation bonds of the district; to provide for any
306sinking or other funds established in connection with any such
307bonds; and to pay the costs for construction or maintenance of
308any of the projects or activities of the district authorized by
309the provisions of this act or applicable general law. The total
310amount of such ad valorem taxes levied in any year shall not be
311in excess of 10 mills on the dollar per annum on the assessed
312value of the taxable property within the district. The ad
313valorem tax provided for herein shall be in addition to county
314and municipal ad valorem taxes provided for by law.
315     (2)  NON-AD VALOREM ASSESSMENTS.--Non-ad valorem
316assessments for the construction, operation, or maintenance of
317district facilities, services, and operations shall be assessed,
318levied, and collected pursuant to chapter 298, chapter 170, or
319chapter 197, Florida Statutes.
320     (3)  TAXES, ASSESSMENTS, AND COSTS; LIEN ON ASSESSED
321LAND.--All taxes and assessments provided for in this act,
322together with all penalties for default in payment of the same,
323and all costs in collecting the same, shall, from the date of
324assessment thereof until paid, constitute a lien of equal
325dignity with the liens for county taxes, and other taxes of
326equal dignity with county taxes, upon all the lands against
327which such taxes shall be levied as is provided in this act.
328     (4)  COMPENSATION OF PROPERTY APPRAISER AND TAX
329COLLECTOR.--The Property Appraiser of Indian River County shall
330be paid annually an amount equal to 1 percent of the total taxes
331of the district and the Tax Collector of Indian River County
332shall be paid annually an amount equal to 1 percent of the total
333taxes of the district collected for their respective services to
334the St. Johns Improvement Control District in said county for
335respectively assessing and collecting said drainage district
336taxes, provided, however, that the total amount to be paid to
337said property appraiser and tax collector in any one year shall
338not exceed the sum of $1,500 to each. All compensation paid to
339the property appraiser and the tax collector shall be paid from
340the proceeds of the maintenance tax.
341     (5)  LEVIES OF NON-AD VALOREM ASSESSMENTS.--In levying and
342assessing all assessments, each tract or parcel of land less
343than 1 acre in area shall be assessed as a full acre, and each
344tract or parcel of land more than 1 acre in area that contains a
345fraction of an acre shall be assessed at the nearest whole
346number of acres, a fraction of one half or more to be assessed
347as a full acre.
348     Section 9.  Unpaid taxes and assessments; penalty.--All
349taxes and assessments provided for in this act shall be and
350become delinquent and bear penalties on the amount of said taxes
351in the same manner as county taxes.
352     Section 10.  Enforcement of taxes and assessments.--The
353collection and enforcement of all taxes and assessments levied
354by said district shall be at the same time and in like manner as
355county taxes, and the provisions of general law relating to the
356sale of lands for unpaid and delinquent county taxes; the
357issuance, sale, and delivery of tax certificates for such unpaid
358and delinquent county taxes; the redemption thereof; the
359issuance to individuals of tax deeds based thereon; and all
360other procedure in connection therewith, shall be applicable to
361said district and the delinquent and unpaid taxes of said
362district to the same extent as if said statutory provisions were
363expressly set forth in this act. All taxes and assessments shall
364be subject to the same discounts as county taxes.
365     Section 11.  Bonds.--
366     (1) ISSUANCE OF REVENUE BONDS, ASSESSMENT BONDS, AND BOND
367ANTICIPATION NOTES.--
368     (a)  In addition to the other powers provided the district,
369and not in limitation thereof, the district shall have the
370power, pursuant to chapter 298, Florida Statutes, and applicable
371general law, at any time, and, from time to time, after the
372issuance of any bonds of the district shall have been
373authorized, to borrow money for the purposes for which such
374bonds are to be issued in anticipation of the receipt of the
375proceeds of the sale of such bonds and to issue bond
376anticipation notes in a principal sum not in excess of the
377authorized maximum amount of such bond issue.
378     (b)  Pursuant to chapter 298, Florida Statutes, and
379applicable general law, the district shall have the power to
380issue assessment bonds and revenue bonds, from time to time,
381without limitation as to amount for the purpose of financing
382those systems and facilities provided for in section 5. Such
383revenue bonds may be secured by, or payable from, the gross or
384net pledge of the revenues to be derived from any project or
385combination of projects; from the rates, fees, or other charges
386to be collected from the users of any project or projects; from
387any revenue-producing undertaking or activity of the district;
388from special assessments; or from any other source or pledged
389security. Such bonds shall not constitute an indebtedness of the
390district, and the approval of the qualified electors shall not
391be required unless such bonds are additionally secured by the
392full faith and credit and taxing power of the district.
393     (c)  Any issue of bonds may be secured by a trust agreement
394by and between the district and a corporate trustee or trustees,
395which may be any trust company or bank having the powers of a
396trust company within or without the state. The resolution
397authorizing the issuance of the bonds or such trust agreement
398may pledge the revenues to be received from any projects of the
399district and may contain such provisions for protecting and
400enforcing the rights and remedies of the bondholders as the
401board may approve, including, without limitation, covenants
402setting forth the duties of the district in relation to the
403acquisition, construction, reconstruction, improvement,
404maintenance, repair, operation, and insurance of any projects;
405the fixing and revising of the rates, fees, and charges, and the
406custody, safeguarding, and application of all moneys and for the
407employment of consulting engineers in connection with such
408acquisition, construction, reconstruction, improvement,
409maintenance, repair, or operation.
410     (d)  Bonds of each issue shall be dated; shall bear
411interest at such rate or rates, including variable rates, which
412interest may be tax exempt or taxable for federal income tax
413purposes; shall mature at such time or times from their date or
414dates; and may be made redeemable before maturity at such price
415or prices and under such terms and conditions as may be
416determined by the board.
417     (e)  The district shall have the power to issue bonds for
418the purpose of refunding any outstanding bonds of the district.
419     (2)  GENERAL OBLIGATION BONDS.--
420     (a)  Pursuant to this act, the district shall have the
421power from time to time to issue general obligation bonds to
422finance or refinance capital projects or to refund outstanding
423bonds in an aggregate principal amount of bonds outstanding at
424any one time not in excess of 35 percent of the assessed value
425of the taxable property within the district as shown on the
426pertinent tax records at the time of the authorization of the
427general obligation bonds for which the full faith and credit of
428the district is pledged. Except for refunding bonds, no general
429obligation bonds shall be issued unless the bonds are issued to
430finance or refinance a capital project and the issuance has been
431approved at an election held in accordance with the requirements
432for such election as prescribed by the State Constitution. Such
433elections shall be called and held in the district upon the
434request of the board of the district. The expenses of calling
435and holding an election shall be at the expense of the district
436and the district shall reimburse the county for any expenses
437incurred in calling or holding such elections.
438     (b)  The district may pledge its full faith and credit for
439the payment of the principal and interest on such general
440obligation bonds and for any reserve funds provided therefore
441and met unconditionally and irrevocably pledge itself to ad
442valorem taxes on all taxable property within the district, to
443the extent necessary for the payment thereof, without
444limitations as to greater amount.
445     (c)  If the board determines to issue general obligation
446bonds for more than one capital project, the approval of the
447issuance of the bonds for each and all such projects may be
448submitted to the elector on one and the same ballot. The failure
449of the electors to approve the issuance of bonds for any one or
450more of the capital projects shall not defeat the approval of
451bonds for any capital project which has been approved by the
452electors.
453     (d)  In arriving at the amount of general obligation bonds
454permitted to be outstanding at any one time pursuant to
455paragraph (a), there shall not be included any general
456obligation bonds that are additionally secured by the pledge of:
457     1.  Special assessments levied in the amount sufficient to
458pay the principal and interest on a general obligation bond so
459additionally secured, which assessments have been equalized and
460confirmed by resolution or ordinance of the board pursuant to
461section 170.08, Florida Statutes.
462     2.  Water revenues, sewer revenues, or water and sewer
463revenues of the district to be derived from user fees in an
464amount sufficient to pay the principal and interest on the
465general obligation bond so additionally secured.
466     3.  Any combination of assessments and revenues described
467in subparagraphs 1 and 2.
468     Section 4.  Chapter 2006-342, Laws of Florida, is repealed.
469     Section 5.  In case any one or more of the sections or
470provisions of this act or the application of such sections or
471provisions to any situations, circumstances, or person shall for
472any reason be held to be unconstitutional, such
473unconstitutionality shall not affect any other sections or
474provisions of this act or the application of such sections or
475provisions to any other situation, circumstance, or person; and
476it is intended that this law shall be construed and applied as
477if such section or provision had not been included herein for
478any unconstitutional application.
479     Section 6.  This act shall take effect upon becoming a law.


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