HB 1535

1	A bill to be entitled
2	An act relating to the Sebastian River Drainage District,
3	Indian River County; codifying, amending, and reenacting
4	special acts relating to the district; renaming the
5	district as the Sebastian River Improvement District;
6	providing purposes of the district; providing boundaries;
7	providing for applicability of ch. 298, F.S.; providing
8	powers of the district; providing for compliance with
9	county plans and regulations; providing for the election
10	of a board of supervisors; providing for organization,
11	powers, duties, terms of office, and compensation of the
12	board; providing for meetings; providing for compensation
13	of certain county officers under certain circumstances;
14	providing for the levy of ad valorem taxes and non-ad
15	valorem assessments; providing for costs; requiring a
16	referendum under specified circumstances; providing for
17	collection, enforcement, and penalties; providing for
18	issuance of revenue bonds, assessment bonds, and bond
19	anticipation notes; providing for general obligation
20	bonds; providing severability; repealing chapters 12258
21	(1927), 20478 (1941), 57-1109, 59-768, 63-820, 65-809, and
22	70-739, Laws of Florida, relating to the district;
23	providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  (1)  The reenactment of existing law in this
28	act shall not be construed as a grant of additional authority to
29	or to supersede the authority of any entity pursuant to law.
30	Exceptions to law contained in any special act that are
31	reenacted pursuant to this act shall continue to apply.
32	(2)  The reenactment of existing law in this act shall not
33	be construed to modify, amend, or alter any covenants,
34	contracts, or other obligations of the district with respect to
35	bonded indebtedness. Nothing pertaining to the reenactment of
36	existing law in this act shall be construed to affect the
37	ability of the district to levy and collect taxes, assessments,
38	fees, or charges for the purpose of redeeming or servicing
39	bonded indebtedness of the district.
40	Section 2.  Chapters 12258 (1927), 20478 (1941), 57-1109,
41	59-768, 63-820, 65-809, and 70-739, Laws of Florida, are
42	codified, amended, reenacted, and repealed as provided in this
43	act.
44	Section 3.  The Sebastian River Drainage District is re-
45	created, and the charter for such district is re-created and
46	reenacted to read:
47	Section 1.  District renamed.--The Sebastian River Drainage
48	District shall henceforth be known as the Sebastian River
49	Improvement District.
50	Section 2.  District created; boundaries.--For the purposes
51	of providing public infrastructure and services; the assessment,
52	levy, and collection of taxes, non-ad valorem assessments, and
53	fees; the operation of district facilities and services; and all
54	other purposes stated in this act consistent with chapters 189
55	and 298, Florida Statutes, and other applicable general law, an
56	independent improvement district is hereby created and
57	established in Indian River County, Florida, to be known as the
58	Sebastian River Improvement District, the territorial boundaries
59	of which shall be as follows, to wit:
60
61	Beginning at a point on the Northeast corner of
62	Section 1, Township 32 South, Range 38 East, in Indian
63	River County, Florida, thence run East along the
64	Township line to the Southeast corner of the West half
65	of Section 32, Township 31 South, Range 39 East;
66
67	Thence run North on the center line of Sections to the
68	Northeast corner of the Southwest quarter of Section
69	20, Township 31 South, Range 39 East;
70
71	Thence run West through center of sections to the
72	Northwest corner of the Southwest quarter of Section
73	26, Township 31 South, Range 38 East;
74
75	Thence run South on Section line to the Southwest
76	corner of Section 35, Township 32 South, Range 38
77	East;
78
79	Thence run East along Township line to the Southeast
80	corner of Township 32 South, Range 38 East;
81
82	Thence run North along Range line to the Northeast
83	corner of Township 32 South, Range 38 East to the
84	point of beginning.
85
86	All of the S1/2 of Sections 25 and 26, and all of
87	Sections 35 and 36 of Township 31 South, Range 38
88	East.
89
90	The SW1/4 of Section 29; the S1/2 of Section 30; all
91	of Section 31; and the W1/2 of Section 32; all in
92	Township 31 South, Range 39 East.
93
94	All of Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26,
95	35, and 36, in Township 32 South, Range 38 East.
96
97	Section 3.  Provisions of law made applicable.--The
98	provisions of chapter 298, Florida Statutes, are hereby declared
99	to be applicable to the Sebastian River Improvement District.
100	The Sebastian River Improvement District shall have all of the
101	powers and authorities mentioned in or conferred by chapter 298,
102	Florida Statutes.
103	Section 4.  Powers of the district; compliance with county
104	plans and regulations.--
105	(1)  The district shall have the following powers:
106	(a)  To sue and be sued by its name in any court of law or
107	in equity, to make contracts, and to adopt and use a corporate
108	seal and to alter the same at pleasure;
109	(b)  To acquire by purchase, gift, or condemnation real or
110	personal property within or without the district and to convey
111	and dispose of such real or personal property as may be
112	necessary or convenient to carry out the purposes of this act
113	and chapter 298, Florida Statutes;
114	(c)  To construct, operate, and maintain canals, ditches,
115	drains, levees, lakes, ponds, and other works for water
116	management and control purposes;
117	(d)  To acquire, purchase, operate, and maintain pumps,
118	plants, and pumping systems for water management and control
119	purposes;
120	(e)  To construct, operate, and maintain irrigation works,
121	machinery, and plants;
122	(f)  To construct, improve, pave, and maintain roadways and
123	roads necessary and convenient for the exercise of the powers or
124	duties of the district or the supervisors thereof and to include
125	as a component of roads, parkways, bridges, landscaping,
126	irrigation, bicycle and jogging paths, street lighting, traffic
127	signals, road striping, and all other customary elements of a
128	modern road system;
129	(g)  To finance, fund, plan, establish, acquire, construct
130	or reconstruct, enlarge or extend, equip, operate, and maintain
131	systems and facilities for providing transportation throughout
132	the district, including private or contract carriers, buses,
133	vehicles, railroads, and other transportation facilities, to
134	meet the transportation requirements of the district in
135	activities conducted within the district;
136	(h)  To finance, fund, plan, establish, acquire, construct
137	or reconstruct, enlarge or extend, equip, operate, and maintain
138	parking facilities within the district boundaries;
139	(i)  To finance, fund, plan, establish, acquire, construct
140	or reconstruct, enlarge or extend, equip, operate, and maintain
141	additional systems and facilities for parks and facilities for
142	indoor and outdoor recreational, cultural, and educational uses;
143	(j)  To acquire, construct, finance, operate, and maintain
144	water plants and systems to produce, purify, and distribute
145	water for consumption;
146	(k)  To acquire, construct, finance, operate, and maintain
147	sewer systems for the collection, disposal, and reuse of waste
148	and to prevent water pollution in the district;
149	(l)  To levy ad valorem taxes and non-ad valorem
150	assessments and to prescribe, fix, establish, and collect rates,
151	fees, rentals, fares, or other charges, and to revise the same
152	from time to time, for the facilities and services furnished or
153	to be furnished by the district and to recover the cost of
154	making connection to any district facility or system;
155	(m)  To provide for the discontinuance of service and
156	reasonable penalties, including attorney's fees, against any
157	user or property for any such rates, fees, rentals, fares, or
158	other charges that become delinquent and require collection.
159	However, no charges or fees shall be established until after a
160	public hearing of the board at the district at which all
161	affected persons shall be given an opportunity to be heard;
162	(n)  To enter into agreements with any person, firm, or
163	corporation for the furnishing by such person, firm, or
164	corporation of any facilities and services of the type provided
165	for in this act;
166	(o)  To enter into impact fee credit agreements with local
167	general purpose governments. In the event the district enters
168	into an impact fee credit agreement with a local general purpose
169	government where the district constructs or makes contributions
170	for public facilities for which impact fee credits would be
171	available, the agreement may provide that such impact fee
172	credits shall inure to the landowners within the district in
173	proportion to their relative assessments, and the district
174	shall, from time to time, execute such instruments, such as
175	assignments of impact fee credits, as may be necessary or
176	desirable to accomplish or confirm the foregoing;
177	(p)  To construct and maintain facilities for and take
178	measures to control mosquitoes and other arthropods of public
179	health importance;
180	(q)  To finance, fund, plan, establish, acquire, construct
181	or reconstruct, enlarge or extend, equip, operate, and maintain
182	additional systems and facilities for conservation areas,
183	mitigation areas, and wildlife habitat, including the
184	maintenance of any plant or animal species, and any related
185	interest in real or personal property;
186	(r)  To borrow money and issue negotiable or other bonds of
187	said district as hereinafter provided; to borrow money, from
188	time to time, and issue negotiable or other notes of said
189	district therefor, bearing interest at not exceeding the maximum
190	interest allowable by law, in anticipation of the collection of
191	taxes, levies, and assessments or revenues of said district and
192	to pledge or hypothecate such taxes, levies, assessments, and
193	revenues to secure such bonds, notes, or obligations and to
194	sell, discount, negotiate, and dispose of the same;
195	(s)  To provide public safety, including, but not limited
196	to, security, guardhouses, fences and gates, electronic
197	intrusion detection systems, and patrol cars, when authorized by
198	proper governmental agencies, except that the district may not
199	exercise any police power but may contract with the appropriate
200	local general purpose government agencies for an increased level
201	of such service within the district boundaries;
202	(t)  To provide systems and facilities for fire prevention
203	and control and emergency medical services, including the
204	construction or purchase of fire stations, water mains and
205	plugs, fire trucks, and other vehicles and equipment;
206	(u)  To finance, fund, plan, establish, acquire, construct
207	or reconstruct, enlarge or extend, equip, and maintain
208	additional systems and facilities for school buildings and
209	related structures, which may be leased, sold, or donated to the
210	school district for use in the educational system when
211	authorized by the district school board;
212	(v)  To establish and create such departments, committees,
213	boards, or other agencies, including a public relations
214	committee, as from time to time the board of supervisors may
215	deem necessary or desirable in the performance of the acts or
216	other things necessary to the exercise of the powers provided in
217	this act, and to delegate to such departments, committees,
218	boards, or other agencies such administrative duties and other
219	powers as the board of supervisors may deem necessary or
220	desirable; and
221	(w)  To exercise all other powers necessary, convenient, or
222	proper in connection with any of the powers or duties of the
223	district stated in this act. The powers and duties of the
224	district shall be exercised by and through the board of
225	supervisors thereof, which board shall have the authority to
226	employ engineers, attorneys, agents, employees, and
227	representatives as the board of supervisors may from time to
228	time determine and to fix their compensation and duties.
229	However, in addition thereto, the district shall have all of the
230	powers provided for in chapter 298, Florida Statutes. All powers
231	and authority of the district shall extend and apply to the
232	district as a whole and to each unit of development as from time
233	to time may be designated by the board of supervisors.
234	(2)  Notwithstanding any authority contained within this
235	section, the development, operation, or maintenance of any
236	district facilities or services shall comply with the adopted
237	comprehensive plan for Indian River County and any land
238	development regulations adopted thereunder that apply within the
239	geographic boundaries of the district.
240	Section 5.  Board of supervisors; organization, powers,
241	duties, and terms of office.--
242	(1)  There is hereby created a board of supervisors of the
243	Sebastian River Improvement District, which shall be the
244	governing body of the district. The board of supervisors shall
245	consist of three persons who, except as herein otherwise
246	provided, shall hold office for a term of 3 years and until
247	their successors are duly elected and qualified.
248	(2)  Each year during the month of June, a supervisor shall
249	be elected, as hereinafter provided, by the landowners of the
250	district to take the place of the retiring supervisor. All
251	vacancies or expirations on the board shall be filled as
252	required by this act and chapter 298, Florida Statutes. The
253	supervisors of the Sebastian River Improvement District shall be
254	residents of the State of Florida and citizens of the United
255	States. In case of a vacancy in the office of any supervisor,
256	the remaining supervisors may fill such vacancy until the next
257	annual meeting of the landowners, when his or her successor
258	shall be elected by the landowners for the unexpired term. As
259	soon as practicable after their election, the board of
260	supervisors shall organize by choosing one of their number as
261	president of the board of supervisors and by electing some
262	suitable person as secretary, who may or may not be a member of
263	the board. The board of supervisors shall adopt a seal, which
264	shall be the seal of the district. At each annual meeting of the
265	landowners of the district, the board of supervisors shall
266	report all work undertaken or completed during the preceding
267	year and the status of the finances of the district.
268	(3)  All supervisors shall hold office until their
269	successors are elected and qualified. Whenever any election is
270	authorized or required by this act to be held by the landowners
271	at any particular or stated time or day but for any reason is
272	not or cannot be held at such time or on such day, then the
273	power or duty to hold such election shall not cease or lapse,
274	but such election shall be held thereafter as soon as
275	practicable and consistent with this act.
276	Section 6.  Compensation of board.--Each supervisor shall
277	be paid for his or her services a per diem of $25 for each day
278	actually engaged in work pertaining to the district. In addition
279	to such per diem, supervisors shall be paid travel and related
280	expenses at rates authorized by general law for public officials
281	pursuant to chapter 112, Florida Statutes.
282	Section 7.  Meetings of landowners; election of
283	supervisors.--Each year during the month of June, a meeting of
284	the landowners of the district shall be held for the purpose of
285	electing a supervisor to take the place of the retiring
286	supervisor and hearing reports of the board of supervisors.
287	Elections shall be conducted in accordance with applicable
288	provisions of chapter 298, Florida Statutes.
289	Section 8.  Taxes; non-ad valorem assessments.--
290	(1)  AD VALOREM TAXES.--The board of supervisors, subject
291	to referendum approval pursuant to s. 9, Art. VII of the State
292	Constitution, shall have the power to levy and assess an ad
293	valorem tax on all the taxable real and tangible personal
294	property in the district to pay the principal of and interest on
295	any general obligation bonds of the district, to provide for any
296	sinking or other funds established in connection with any such
297	bonds, and to pay the costs for construction or maintenance of
298	any of the projects or activities of the district authorized by
299	this act or applicable general law. The total amount of such ad
300	valorem taxes levied in any year shall not be in excess of 10
301	mills on the dollar per annum on the assessed value of the
302	taxable property within the district. The ad valorem tax
303	provided for herein shall be in addition to county and municipal
304	ad valorem taxes provided for by law.
305	(2)  NON-AD VALOREM ASSESSMENTS.--Non-ad valorem
306	assessments for the construction, operation, or maintenance of
307	district facilities, services, and operations shall be assessed,
308	levied, and collected pursuant to chapter 298, chapter 170, or
309	chapter 197, Florida Statutes.
310	(3)  TAXES, ASSESSMENTS, AND COSTS, A LIEN ON LAND AGAINST
311	WHICH ASSESSED, ETC.--All taxes and assessments provided for in
312	this act, together with all penalties for default in payment of
313	the same and all costs in collecting the same, shall, from the
314	date of assessment thereof until paid, constitute a lien of
315	equal dignity with the liens for county taxes, and other taxes
316	of equal dignity with county taxes, upon all the lands against
317	which such taxes shall be levied as provided in this chapter.
318	(4)  COMPENSATION OF PROPERTY APPRAISER, TAX COLLECTOR, AND
319	CLERK OF THE CIRCUIT COURT.--The property appraiser, tax
320	collector, and clerk of the circuit court of Indian River County
321	shall be entitled to compensation for services performed in
322	connection with taxes and assessments of the district as
323	provided by general law.
324	(5)  LEVIES OF NON-AD VALOREM ASSESSMENTS ON LAND LESS THAN
325	1 ACRE.--In levying and assessing all assessments, each tract or
326	parcel of land less than 1 acre in area shall be assessed as a
327	full acre, and each tract or parcel of land more than 1 acre in
328	area that contains a fraction of an acre shall be assessed at
329	the nearest whole number of acres, a fraction of one half or
330	more to be assessed as a full acre.
331	Section 9.  Delinquent and unpaid taxes and assessments;
332	penalty.--All taxes and assessments provided for in this act
333	shall be and become delinquent and bear penalties on the amount
334	of said taxes in the same manner as county taxes.
335	Section 10.  Enforcement of taxes and assessments.--The
336	collection and enforcement of all taxes and assessments levied
337	by the district shall be at the same time and in like manner as
338	county taxes, and the provisions of the Florida Statutes
339	relating to the sale of lands for unpaid and delinquent county
340	taxes, the issuance, sale, and delivery of tax certificates for
341	such unpaid and delinquent county taxes, the redemption thereof,
342	the issuance to individuals of tax deeds based thereon, and all
343	other procedure in connection therewith shall be applicable to
344	the district and the delinquent and unpaid taxes of the district
345	to the same extent as if said statutory provisions were
346	expressly set forth in this act. All taxes and assessments shall
347	be subject to the same discounts as county taxes.
348	Section 11.  Bonds.--
349	(1)  ISSUANCE OF REVENUE BONDS, ASSESSMENT BONDS, AND BOND
350	ANTICIPATION NOTES.--
351	(a)  In addition to the other powers provided to the
352	district, and not in limitation thereof, the district shall have
353	the power, pursuant to chapter 298, Florida Statutes, and
354	applicable general law, at any time, and, from time to time,
355	after the issuance of any bonds of the district shall have been
356	authorized, to borrow money for the purposes for which such
357	bonds are to be issued in anticipation of the receipt of the
358	proceeds of the sale of such bonds and to issue bond
359	anticipation notes in a principal sum not in excess of the
360	authorized maximum amount of such bond issue.
361	(b)  Pursuant to chapter 298, Florida Statutes, and
362	applicable general law, the district shall have the power to
363	issue assessment bonds and revenue bonds, from time to time,
364	without limitation as to amount for the purpose of financing
365	those systems and facilities provided for in section 4. Such
366	revenue bonds may be secured by, or payable from, the gross or
367	net pledge of the revenues to be derived from any project or
368	combination of projects; from the rates, fees, or other charges
369	to be collected from the users of any project or projects; from
370	any revenue-producing undertaking or activity of the district;
371	from special assessments; or from any other source or pledged
372	security. Such bonds shall not constitute an indebtedness of the
373	district, and the approval of the qualified electors shall not
374	be required unless such bonds are additionally secured by the
375	full faith and credit and taxing power of the district.
376	(c)  Any issue of bonds may be secured by a trust agreement
377	by and between the district and a corporate trustee or trustees,
378	which may be any trust company or bank having the powers of a
379	trust company within or without the state. The resolution
380	authorizing the issuance of the bonds or such trust agreement
381	may pledge the revenues to be received from any projects of the
382	district and may contain such provisions for protecting and
383	enforcing the rights and remedies of the bondholders as the
384	board may approve, including, without limitation, covenants
385	setting forth the duties of the district in relation to the
386	acquisition, construction, reconstruction, improvement,
387	maintenance, repair, operation, and insurance of any projects
388	and the fixing and revising of the rates, fees, and charges, the
389	custody, safeguarding, and application of all moneys, and the
390	employment of consulting engineers in connection with such
391	acquisition, construction, reconstruction, improvement,
392	maintenance, repair, or operation.
393	(d)  Bonds of each issue shall be dated; shall bear
394	interest at such rate or rates, including variable rates, which
395	interest may be tax exempt or taxable for federal income tax
396	purposes; shall mature at such time or times from their date or
397	dates; and may be made redeemable before maturity at such price
398	or prices and under such terms and conditions as may be
399	determined by the board.
400	(e)  The district shall have the power to issue bonds for
401	the purpose of refunding any outstanding bonds of the district.
402	(2)  GENERAL OBLIGATION BONDS.--
403	(a)  Pursuant to this act, the district shall have the
404	power from time to time to issue general obligation bonds to
405	finance or refinance capital projects or to refund outstanding
406	bonds in an aggregate principal amount of bonds outstanding at
407	any one time not in excess of 35 percent of the assessed value
408	of the taxable property within the district as shown on the
409	pertinent tax records at the time of the authorization of the
410	general obligation bonds for which the full faith and credit of
411	the district is pledged. Except for refunding bonds, no general
412	obligation bonds shall be issued unless the bonds are issued to
413	finance or refinance a capital project and the issuance has been
414	approved at an election held in accordance with the requirements
415	for such election as prescribed by the State Constitution. Such
416	elections shall be called to be held in the district by the
417	Board of County Commissioners of Indian River County upon the
418	request of the board of the district. The expenses of calling
419	and holding an election shall be at the expense of the district,
420	and the district shall reimburse the county for any expenses
421	incurred in calling or holding such election.
422	(b)  The district may pledge its full faith and credit for
423	the payment of the principal and interest on such general
424	obligation bonds and for any reserve funds provided therefor and
425	may unconditionally and irrevocably pledge itself to levy ad
426	valorem taxes on all taxable property within the district, to
427	the extent necessary for the payment thereof, without
428	limitations as to rate or amount.
429	(c)  If the board determines to issue general obligation
430	bonds for more than one capital project, the approval of the
431	issuance of the bonds for each and all such projects may be
432	submitted to the elector on one and the same ballot. The failure
433	of the electors to approve the issuance of bonds for any one or
434	more of the capital projects shall not defeat the approval of
435	bonds for any capital project that has been approved by the
436	electors.
437	(d)  In arriving at the amount of general obligation bonds
438	permitted to be outstanding at any one time pursuant to
439	paragraph (a), there shall not be included any general
440	obligation bonds that are additionally secured by the pledge of:
441	1.  Special assessments levied in the amount sufficient to
442	pay the principal and interest on a general obligation bond so
443	additionally secured, which assessments have been equalized and
444	confirmed by resolution or ordinance of the board pursuant to
445	section 170.08, Florida Statutes.
446	2.  Water revenues, sewer revenues, or water and sewer
447	revenues of the district to be derived from user fees in an
448	amount sufficient to pay the principal and interest on the
449	general obligation bond so additionally secured.
450	3.  Any combination of assessments and revenues described
451	in subparagraphs 1. and 2.
452	Section 4.  In case any one or more of the sections or
453	provisions of this act or the application of such sections or
454	provisions to any situations, circumstances, or person shall for
455	any reason be held to be unconstitutional, such
456	unconstitutionality shall not affect any other sections or
457	provisions of this act or the application of such sections or
458	provisions to any other situation, circumstance, or person, and
459	it is intended that this law shall be construed and applied as
460	if such section or provision had not been included herein for
461	any unconstitutional application.
462	Section 5.  Chapters 12258 (1927), 20478 (1941), 57-1109,
463	59-768, 63-820, 65-809, and 70-739, Laws of Florida, are
464	repealed.
465	Section 6.  This act shall take effect upon becoming a law.

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