| 1 | A bill to be entitled |
| 2 | An act relating to the St Johns Water Control District, |
| 3 | Indian River County; codifying, amending, reenacting, and |
| 4 | repealing a special act relating to St. Johns Water |
| 5 | Control District, a special tax district; providing that |
| 6 | the name of the district shall be the St. Johns |
| 7 | Improvement District; providing for legislative intent; |
| 8 | providing for applicability of chapter 298, F.S., and |
| 9 | other general laws; providing additional authority |
| 10 | relating to the provision of public infrastructure, |
| 11 | services, assessment, levy, and collection of taxes, non- |
| 12 | ad valorem assessments and fees, public finance, and |
| 13 | district operations; providing powers of the district; |
| 14 | providing for compliance with county plans and |
| 15 | regulations; providing for election of a board of |
| 16 | supervisors; providing for organization, powers, duties, |
| 17 | terms of office, and compensation of the board; providing |
| 18 | for levy of non-ad valorem assessments; providing for |
| 19 | costs; providing for collection, enforcement, and |
| 20 | penalties; providing for issuance of revenue bonds, |
| 21 | assessment bonds, and bond anticipation notes; providing a |
| 22 | district charter; repealing chapter 2006-342, Laws of |
| 23 | Florida, relating to the district; providing severability; |
| 24 | providing an effective date. |
| 25 |
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| 26 | Be It Enacted by the Legislature of the State of Florida: |
| 27 |
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| 28 | Section 1. (1) The reenactment of existing law in this |
| 29 | act shall not be construed as a grant of additional authority to |
| 30 | nor to supersede the authority of any entity pursuant to law. |
| 31 | Exceptions to law contained in any special act that are |
| 32 | reenacted pursuant to this act shall continue to apply. |
| 33 | (2) The reenactment of existing law in this act shall not |
| 34 | be construed to modify, amend, or alter any covenants, |
| 35 | contracts, or other obligations of the district with respect to |
| 36 | bonded indebtedness. Nothing pertaining to the reenactment of |
| 37 | existing law in this act shall be construed to affect the |
| 38 | ability of the district to levy and collect taxes, assessments, |
| 39 | fees, or charges for the purpose of redeeming or servicing |
| 40 | bonded indebtedness of the district. |
| 41 | Section 2. Chapter 2006-342, Laws of Florida, is codified, |
| 42 | reenacted, amended, and repealed as herein provided. |
| 43 | Section 3. The St. Johns Water Control District is renamed |
| 44 | and the charter for such district is re-created and reenacted to |
| 45 | read: |
| 46 | Section 1. District renamed.--The St. Johns Water Control |
| 47 | District shall henceforth be known as the "St. Johns Improvement |
| 48 | District." |
| 49 | Section 2. District created and boundaries thereof.--For |
| 50 | the purposes of providing public infrastructure, services, the |
| 51 | assessment, levy, and collection of non-ad valorem assessments |
| 52 | and fees, the operation of district facilities and services, and |
| 53 | all other purposes stated in this act consistent with chapters |
| 54 | 189 and 298, Florida Statutes, and other applicable general law, |
| 55 | an independent improvement district is hereby created and |
| 56 | established in Indian River County, to be known as the St. Johns |
| 57 | Improvement District, the territorial boundaries of which shall |
| 58 | be as follows, to wit: |
| 59 |
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| 60 | From the center of Section 5, Township 33 South, Range |
| 61 | 38 East, run West along the centerline of Highway 60 |
| 62 | through Sections 5 and 6, and in Township 33 South, |
| 63 | Range 37 East continue west along the centerline of |
| 64 | State Highway 60 through Sections 1, 2, 3, 4, 5, and 6 |
| 65 | to the West Boundary of Section 6; thence South along |
| 66 | the West boundary of Sections 6, 7, 18, 19 to the |
| 67 | Southwest corner of Section 19; thence East along the |
| 68 | South boundary of Section 19 to the Southeast corner |
| 69 | of said Section 19; thence South along the West |
| 70 | boundary of Sections 29 and 32 to the Southwest corner |
| 71 | of Section 32; thence Easterly along the South |
| 72 | boundary of Sections 32, 33, 34, 35 and 36 to the |
| 73 | Southeast corner of Section 36, all lying in Township |
| 74 | 33 South, Range 37 East; thence in Township 33 South, |
| 75 | Range 38 East, run Easterly along the South boundary |
| 76 | of Sections 31 and 32 to the Southeast corner of |
| 77 | Section 32; thence run North to the Northeast corner |
| 78 | of Section 29, Township 33 South, Range 38 East; |
| 79 | thence run Easterly to the Southeast corner of Section |
| 80 | 21, Township 33 South, Range 38 East; thence Northerly |
| 81 | along the East boundaries of Sections 21 and 16 to the |
| 82 | Northeast corner of the Southeast one-quarter(SE |
| 83 | 1/4)of Section 16, Township 33 South, Range 38 East; |
| 84 | thence Westerly to the center of Section 16; thence |
| 85 | Northerly to the Northeast corner of the Northwest |
| 86 | one-quarter (NW 1/4) of Section 16; thence Westerly to |
| 87 | the Southeast corner of Section 8; thence North to the |
| 88 | Northeast corner of Section 8; thence Westerly to the |
| 89 | Southeast corner of the Southwest one-quarter (SW 1/4) |
| 90 | of Section 5; thence North to the Center of Section 5 |
| 91 | and the point of beginning; LESS HOWEVER, all rights- |
| 92 | of-way and road easements of record. |
| 93 |
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| 94 | All in the County of Indian River, State of Florida, |
| 95 | consisting of 27,743,40 acres, more or less. |
| 96 |
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| 97 | Section 3. Provisions of other laws made applicable.--The |
| 98 | provisions of chapter 298, Florida Statutes, and all of the laws |
| 99 | amendatory thereof, now existing or hereafter enacted, are |
| 100 | applicable to said St. Johns Improvement District. St. Johns |
| 101 | Improvement District shall have all of the powers and |
| 102 | authorities mentioned in or conferred by said chapter 298, |
| 103 | Florida Statutes. |
| 104 | Section 4. Powers of the district; compliance with county |
| 105 | plans and regulations.-- |
| 106 | (1) The district shall have the following powers: |
| 107 | (a) To sue and be sued in its name in any court of law or in |
| 108 | equity, to make contracts, to adopt and use a corporate seal, and |
| 109 | to alter the same at pleasure. |
| 110 | (b) To acquire by purchase, gift, or condemnation real and |
| 111 | personal property, either or both, within or without the |
| 112 | district, and to convey and dispose of such real and personal |
| 113 | property, either or both, as may be necessary or convenient to |
| 114 | carry out the purposes, or any of the purposes, of this act, and |
| 115 | chapter 298, Florida Statutes. |
| 116 | (c) To finance, fund, plan, establish, construct, equip, |
| 117 | operate, and maintain canals, ditches, drains, levees, lakes, |
| 118 | ponds, control structures, or similar devices for water control |
| 119 | and diversion and other works for water management and control |
| 120 | purposes. |
| 121 | (d) To acquire, purchase, finance, fund, plan, establish, |
| 122 | equip, operate, and maintain pumps, plants, and pumping systems |
| 123 | for water management and control purposes. |
| 124 | (e) To finance, fund, plan, establish, construct, equip, |
| 125 | operate, and maintain irrigation works, machinery, and plants. |
| 126 | (f) To finance, fund, plan, establish, construct, improve, |
| 127 | pave, equip, operate, and maintain roadways and roads necessary |
| 128 | and convenient for the exercise of the powers or duties or any |
| 129 | of the powers or duties of said district or the supervisors |
| 130 | thereof; and to include as a component of roads, parkways, |
| 131 | bridges, landscaping, irrigation, drainage, bicycle and jogging |
| 132 | paths, street lighting, traffic signals, road striping, and all |
| 133 | other customary elements of a modern road system. |
| 134 | (g) To finance, fund, plan, establish, acquire, construct |
| 135 | or reconstruct, enlarge or extend, equip, operate, and maintain |
| 136 | systems and facilities for providing transportation throughout |
| 137 | the district, including private or contract carriers, buses, |
| 138 | vehicles, railroads, and other transportation facilities, to |
| 139 | meet the transportation requirements of the district in |
| 140 | activities conducted within the district. |
| 141 | (h) To finance, fund, plan, establish, acquire, construct |
| 142 | or reconstruct, enlarge or extend, equip, operate, and maintain |
| 143 | parking facilities within the district boundaries. |
| 144 | (i) To finance, fund, plan, establish, acquire, construct |
| 145 | or reconstruct, enlarge or extend, equip, operate, and maintain |
| 146 | additional systems and facilities for parks and facilities for |
| 147 | indoor and outdoor recreational, cultural, and educational uses. |
| 148 | (j) To acquire, construct, finance, fund, plan, establish, |
| 149 | equip, operate, and maintain water plants and systems to |
| 150 | produce, purify, and distribute water for consumption. |
| 151 | (k) To acquire, construct, finance, fund, establish, plan, |
| 152 | equip, operate, and maintain sewer systems for the collection, |
| 153 | disposal, and reuse of waste and wastewater and to prevent water |
| 154 | pollution in the district. |
| 155 | (l) To levy non-ad valorem assessments, prescribe, fix, |
| 156 | establish, and collect rates, fees, rentals, fares, or other |
| 157 | charges, and to revise the same from time to time, for the |
| 158 | facilities and services furnished or to be furnished by the |
| 159 | district and to recover the cost of making connection to any |
| 160 | district facility or system. |
| 161 | (m) To provide for the discontinuance of service and |
| 162 | reasonable penalties including attorney's fees, against any user |
| 163 | or property for any such rates, fees, rentals, fares, or other |
| 164 | charges that become delinquent and require collection. However, |
| 165 | no charges or fees shall be established until after a public |
| 166 | hearing of the board at the district at which all affected |
| 167 | persons shall be given an opportunity to be heard. |
| 168 | (n) To enter into agreements with any person, firm, or |
| 169 | corporation for the furnishing by such person, firm, or |
| 170 | corporation of any facilities and services of the type provided |
| 171 | for in this act. |
| 172 | (o) To enter into impact fee credit agreements with local |
| 173 | general purpose governments. In the event the district enters |
| 174 | into an impact fee credit agreement with a local general purpose |
| 175 | government where the district constructs or makes contributions |
| 176 | for public facilities for which impact fee credits would be |
| 177 | available, the agreement may provide that such impact fee |
| 178 | credits shall inure to the landowners within the district in |
| 179 | proportion to their relative assessments, and the district |
| 180 | shall, from time to time, execute such instruments, such as |
| 181 | assignments of impact fee credits, as may be necessary or |
| 182 | desirable to accomplish or confirm the foregoing. |
| 183 | (p) To finance, fund, plan, establish, equip, construct, |
| 184 | operate, and maintain facilities for and take measures to |
| 185 | control mosquitoes and other arthropods of public health |
| 186 | importance. |
| 187 | (q) To finance, fund, plan, establish, acquire, construct |
| 188 | or reconstruct, enlarge or extend, equip, operate, and maintain |
| 189 | additional systems and facilities for conservation areas, |
| 190 | mitigation areas, and wildlife habitat, including the |
| 191 | maintenance of any plant or animal species, and any related |
| 192 | interest in real or personal property. |
| 193 | (r) To borrow money and issue negotiable or other bonds of |
| 194 | said district as hereinafter provided; to borrow money, from |
| 195 | time to time, and issue negotiable or other notes of said |
| 196 | district therefore, bearing interest at not exceeding the |
| 197 | maximum interest allowable by law, in anticipation of the |
| 198 | collection of taxes, levies, and assessments or revenues of said |
| 199 | district; to pledge or hypothecate such levies, assessments, and |
| 200 | revenues to secure such bonds, notes, or obligations; and to |
| 201 | sell, discount, negotiate, and dispose of the same. |
| 202 | (s) To provide public safety, including, but not limited |
| 203 | to, security, guardhouses, fences and gates, electronic |
| 204 | intrusion detection systems, and patrol cars, when authorized by |
| 205 | proper governmental agencies; except that the district may not |
| 206 | exercise any police power, but may contract with the appropriate |
| 207 | local general purpose government agencies for an increased level |
| 208 | of such service within the district boundaries. |
| 209 | (t) To provide systems and facilities for fire prevention |
| 210 | and control and emergency medical services, including the |
| 211 | construction or purchase of fire stations, water mains and |
| 212 | plugs, fire trucks, and other vehicles and equipment. |
| 213 | (u) To finance, fund, plan, establish, acquire, construct |
| 214 | or reconstruct, enlarge or extend, equip, operate, and maintain |
| 215 | additional systems and facilities for school buildings and |
| 216 | related structures, which may be leased, sold, or donated to the |
| 217 | school district for use in the educational system when |
| 218 | authorized by the district school board. |
| 219 | (v) To establish and create such departments, committees, |
| 220 | boards, or other agencies, including a public relations |
| 221 | committee, as from time to time the board of supervisors may |
| 222 | deem necessary or desirable in the performance in the acts or |
| 223 | other things necessary to the exercise of the powers provided in |
| 224 | this act, and to delegate to such departments, boards, or other |
| 225 | agencies such administrative duties and other powers as the |
| 226 | board of supervisors may deem necessary or desirable. |
| 227 | (w) To exercise all other powers necessary convenient or |
| 228 | proper in connection with any of the powers or duties of said |
| 229 | district stated in this act. The powers and duties of said |
| 230 | district shall be exercised by and through the board of |
| 231 | supervisors thereof, which board shall have the authority to |
| 232 | employ engineers, attorneys, agents, employees, and |
| 233 | representatives as the board of supervisors may, from time to |
| 234 | time, determine, and to fix their compensation and duties. |
| 235 | However, in addition thereto, said district shall have all of |
| 236 | the powers provided for in chapter 298, Florida Statutes. All |
| 237 | powers and authority of the district shall extend and apply to |
| 238 | the district as a whole and to each unit of development as, from |
| 239 | time to time, may be designated by the board of supervisors. |
| 240 | (2) Notwithstanding any authority contained within this |
| 241 | section, the development, operation, or maintenance of any |
| 242 | district facilities or services shall comply with the adopted |
| 243 | comprehensive plan for Indian River County and any adopted land |
| 244 | development regulations adopted thereunder which apply within |
| 245 | the geographic boundaries of the district. |
| 246 | Section 5. Board of supervisors, organization, powers, |
| 247 | duties, and terms of office.-- |
| 248 | (1) There is created a Board of Supervisors of St. Johns |
| 249 | Improvement District that shall be the governing body of said |
| 250 | district. Said board of supervisors shall consist of three |
| 251 | persons, who, except as herein otherwise provided, shall hold |
| 252 | office for terms of 3 years each and until their successors |
| 253 | shall be duly elected and qualified. |
| 254 | (2) Each year during the month of June, a supervisor shall |
| 255 | be elected, as hereinafter provided, by the landowners of said |
| 256 | district to take the place of the retiring supervisor. All |
| 257 | vacancies or expirations on said board shall be filled as |
| 258 | required by this act and chapter 298, Florida Statutes. The |
| 259 | supervisors of said St. Johns Improvement District shall be |
| 260 | residents of the state and citizens of the United States. In |
| 261 | case of a vacancy in the office of any supervisor, the remaining |
| 262 | supervisors may fill such vacancy until the next annual meeting |
| 263 | of the landowners, when his or her successor shall be elected by |
| 264 | the landowners for the unexpired term. As soon as practicable |
| 265 | after their election, the board of supervisors of said district |
| 266 | shall organize by choosing one of their number president of said |
| 267 | board of supervisors and by electing some suitable person |
| 268 | secretary, who may or may not be a member of said board. The |
| 269 | board of supervisors shall adopt a seal that shall be the seal |
| 270 | of said district. At each annual meeting of the landowners of |
| 271 | the district, the board of supervisors shall report all work |
| 272 | undertaken or completed during the preceding year, and the |
| 273 | status of the finances of the district. |
| 274 | (3) All supervisors shall hold office until their |
| 275 | successors are elected and qualified. Any election shall be |
| 276 | authorized or required by this act to be held by the landowners |
| 277 | at any particular or stated time or day, and if for any reason |
| 278 | such election shall not or cannot be held at such time or on |
| 279 | such day, then in such event and in all and every such event, |
| 280 | the power or duty to hold such election shall not cease or |
| 281 | lapse, but such election shall be held thereafter as soon as |
| 282 | practicable and consistent with this act. |
| 283 | Section 6. Compensation of board.--Each supervisor shall |
| 284 | be paid for his or her services a per diem of $25 for each day |
| 285 | actually engaged in work pertaining to the district. In addition |
| 286 | to the said per diem, supervisors shall be paid travel and |
| 287 | related expenses at rates authorized by general law for public |
| 288 | officials pursuant to chapter 112, Florida Statutes. |
| 289 | Section 7. Meetings of landowners; election of |
| 290 | supervisors.--Each year during the month of June, a meeting of |
| 291 | the landowners of said district shall be held for the purpose of |
| 292 | electing a supervisor to take the place of the retiring |
| 293 | supervisor, and hearing reports of the board of supervisors. |
| 294 | Elections shall be conducted in accord with applicable |
| 295 | provisions of chapter 298, Florida Statutes. |
| 296 | Section 8. Taxes; non-ad valorem assessments.-- |
| 297 | (1) NON-AD VALOREM ASSESSMENTS.--Non-ad valorem |
| 298 | assessments for the construction, operation, or maintenance of |
| 299 | district facilities, services, and operations shall be assessed, |
| 300 | levied, and collected pursuant to chapter 298, chapter 170, or |
| 301 | chapter 197, Florida Statutes. |
| 302 | (2) TAXES, ASSESSMENTS, AND COSTS; LIEN ON ASSESSED |
| 303 | LAND.--All taxes and assessments provided for in this act, |
| 304 | together with all penalties for default in payment of the same, |
| 305 | and all costs in collecting the same, shall, from the date of |
| 306 | assessment thereof until paid, constitute a lien of equal |
| 307 | dignity with the liens for county taxes, and other taxes of |
| 308 | equal dignity with county taxes, upon all the lands against |
| 309 | which such taxes shall be levied as is provided in this act. |
| 310 | (3) COMPENSATION OF PROPERTY APPRAISER AND TAX |
| 311 | COLLECTOR.--The Property Appraiser of Indian River County shall |
| 312 | be paid annually an amount equal to 1 percent of the total taxes |
| 313 | of the district and the Tax Collector of Indian River County |
| 314 | shall be paid annually an amount equal to 1 percent of the total |
| 315 | taxes of the district collected for their respective services to |
| 316 | the St. Johns Improvement Control District in said county for |
| 317 | respectively assessing and collecting said drainage district |
| 318 | taxes, provided, however, that the total amount to be paid to |
| 319 | said property appraiser and tax collector in any one year shall |
| 320 | not exceed the sum of $1,500 to each. All compensation paid to |
| 321 | the property appraiser and the tax collector shall be paid from |
| 322 | the proceeds of the maintenance tax. |
| 323 | (4) LEVIES OF NON-AD VALOREM ASSESSMENTS.--In levying and |
| 324 | assessing all assessments, each tract or parcel of land less |
| 325 | than 1 acre in area shall be assessed as a full acre, and each |
| 326 | tract or parcel of land more than 1 acre in area that contains a |
| 327 | fraction of an acre shall be assessed at the nearest whole |
| 328 | number of acres, a fraction of one half or more to be assessed |
| 329 | as a full acre. |
| 330 | Section 9. Unpaid taxes and assessments; penalty.--All |
| 331 | taxes and assessments provided for in this act shall be and |
| 332 | become delinquent and bear penalties on the amount of said taxes |
| 333 | in the same manner as county taxes. |
| 334 | Section 10. Enforcement of taxes and assessments.--The |
| 335 | collection and enforcement of all taxes and assessments levied |
| 336 | by said district shall be at the same time and in like manner as |
| 337 | county taxes, and the provisions of general law relating to the |
| 338 | sale of lands for unpaid and delinquent county taxes; the |
| 339 | issuance, sale, and delivery of tax certificates for such unpaid |
| 340 | and delinquent county taxes; the redemption thereof; the |
| 341 | issuance to individuals of tax deeds based thereon; and all |
| 342 | other procedure in connection therewith, shall be applicable to |
| 343 | said district and the delinquent and unpaid taxes of said |
| 344 | district to the same extent as if said statutory provisions were |
| 345 | expressly set forth in this act. All taxes and assessments shall |
| 346 | be subject to the same discounts as county taxes. |
| 347 | Section 11. Issuance of revenue bonds, assessment bonds, |
| 348 | and bond anticipation notes.-- |
| 349 | (1) In addition to the other powers provided the district, |
| 350 | and not in limitation thereof, the district shall have the |
| 351 | power, pursuant to chapter 298, Florida Statutes, and applicable |
| 352 | general law, at any time, and, from time to time, after the |
| 353 | issuance of any bonds of the district shall have been |
| 354 | authorized, to borrow money for the purposes for which such |
| 355 | bonds are to be issued in anticipation of the receipt of the |
| 356 | proceeds of the sale of such bonds and to issue bond |
| 357 | anticipation notes in a principal sum not in excess of the |
| 358 | authorized maximum amount of such bond issue. |
| 359 | (2) Pursuant to chapter 298, Florida Statutes, and |
| 360 | applicable general law, the district shall have the power to |
| 361 | issue assessment bonds and revenue bonds, from time to time, |
| 362 | without limitation as to amount for the purpose of financing |
| 363 | those systems and facilities provided for in section 4. Such |
| 364 | revenue bonds may be secured by, or payable from, the gross or |
| 365 | net pledge of the revenues to be derived from any project or |
| 366 | combination of projects; from the rates, fees, or other charges |
| 367 | to be collected from the users of any project or projects; from |
| 368 | any revenue-producing undertaking or activity of the district; |
| 369 | from special assessments; or from any other source or pledged |
| 370 | security. Such bonds shall not constitute an indebtedness of the |
| 371 | district, and the approval of the qualified electors shall not |
| 372 | be required unless such bonds are additionally secured by the |
| 373 | full faith and credit and taxing power of the district. |
| 374 | (3) Any issue of bonds may be secured by a trust agreement |
| 375 | by and between the district and a corporate trustee or trustees, |
| 376 | which may be any trust company or bank having the powers of a |
| 377 | trust company within or without the state. The resolution |
| 378 | authorizing the issuance of the bonds or such trust agreement |
| 379 | may pledge the revenues to be received from any projects of the |
| 380 | district and may contain such provisions for protecting and |
| 381 | enforcing the rights and remedies of the bondholders as the |
| 382 | board may approve, including, without limitation, covenants |
| 383 | setting forth the duties of the district in relation to the |
| 384 | acquisition, construction, reconstruction, improvement, |
| 385 | maintenance, repair, operation, and insurance of any projects; |
| 386 | the fixing and revising of the rates, fees, and charges, and the |
| 387 | custody, safeguarding, and application of all moneys and for the |
| 388 | employment of consulting engineers in connection with such |
| 389 | acquisition, construction, reconstruction, improvement, |
| 390 | maintenance, repair, or operation. |
| 391 | (4) Bonds of each issue shall be dated; shall bear |
| 392 | interest at such rate or rates, including variable rates, which |
| 393 | interest may be tax exempt or taxable for federal income tax |
| 394 | purposes; shall mature at such time or times from their date or |
| 395 | dates; and may be made redeemable before maturity at such price |
| 396 | or prices and under such terms and conditions as may be |
| 397 | determined by the board. |
| 398 | (5) The district shall have the power to issue bonds for |
| 399 | the purpose of refunding any outstanding bonds of the district. |
| 400 | Section 4. Chapter 2006-342, Laws of Florida, is repealed. |
| 401 | Section 5. In case any one or more of the sections or |
| 402 | provisions of this act or the application of such sections or |
| 403 | provisions to any situations, circumstances, or person shall for |
| 404 | any reason be held to be unconstitutional, such |
| 405 | unconstitutionality shall not affect any other sections or |
| 406 | provisions of this act or the application of such sections or |
| 407 | provisions to any other situation, circumstance, or person; and |
| 408 | it is intended that this law shall be construed and applied as |
| 409 | if such section or provision had not been included herein for |
| 410 | any unconstitutional application. |
| 411 | Section 6. This act shall take effect upon becoming a law. |