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40 | codified, amended, reenacted, and repealed as provided in this |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