| 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 |
|
| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
|
| 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| 40 | codified, amended, reenacted, and repealed as provided in this |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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 73 | Thence run South on Section line to the Southwest |
| 74 | corner of Section 35, Township 32 South, Range 38 |
| 75 | East; |
| 76 |
|
| 77 | Thence run East along Township line to the Southeast |
| 78 | corner of Township 32 South, Range 38 East; |
| 79 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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 |
|
| 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. |