CS/HB 1535

1
A bill to be entitled
2An act relating to the Sebastian River Drainage District,
3Indian River County; codifying, amending, and reenacting
4special acts relating to the district; renaming the
5district as the Sebastian River Improvement District;
6providing purposes of the district; providing boundaries;
7providing for applicability of ch. 298, F.S.; providing
8powers of the district; providing for compliance with
9county plans and regulations; providing for the election
10of a board of supervisors; providing for organization,
11powers, duties, terms of office, and compensation of the
12board; providing for meetings; providing for compensation
13of certain county officers under certain circumstances;
14providing for the levy of non-ad valorem assessments;
15providing for costs; providing for collection,
16enforcement, and penalties; providing for issuance of
17revenue bonds, assessment bonds, and bond anticipation
18notes; providing severability; repealing chapters 12258
19(1927), 20478 (1941), 57-1109, 59-768, 63-820, 65-809, and
2070-739, Laws of Florida, relating to the district;
21providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  (1)  The reenactment of existing law in this
26act shall not be construed as a grant of additional authority to
27or to supersede the authority of any entity pursuant to law.
28Exceptions to law contained in any special act that are
29reenacted pursuant to this act shall continue to apply.
30     (2)  The reenactment of existing law in this act shall not
31be construed to modify, amend, or alter any covenants,
32contracts, or other obligations of the district with respect to
33bonded indebtedness. Nothing pertaining to the reenactment of
34existing law in this act shall be construed to affect the
35ability of the district to levy and collect taxes, assessments,
36fees, or charges for the purpose of redeeming or servicing
37bonded indebtedness of the district.
38     Section 2.  Chapters 12258 (1927), 20478 (1941), 57-1109,
3959-768, 63-820, 65-809, and 70-739, Laws of Florida, are
40codified, amended, reenacted, and repealed as provided in this
41act.
42     Section 3.  The Sebastian River Drainage District is re-
43created, and the charter for such district is re-created and
44reenacted to read:
45     Section 1.  District renamed.--The Sebastian River Drainage
46District shall henceforth be known as the Sebastian River
47Improvement District.
48     Section 2.  District created; boundaries.--For the purposes
49of providing public infrastructure and services; the assessment,
50levy, and collection of taxes, non-ad valorem assessments, and
51fees; the operation of district facilities and services; and all
52other purposes stated in this act consistent with chapters 189
53and 298, Florida Statutes, and other applicable general law, an
54independent improvement district is hereby created and
55established in Indian River County, Florida, to be known as the
56Sebastian River Improvement District, the territorial boundaries
57of which shall be as follows, to wit:
58
59Beginning at a point on the Northeast corner of
60Section 1, Township 32 South, Range 38 East, in Indian
61River County, Florida, thence run East along the
62Township line to the Southeast corner of the West half
63of Section 32, Township 31 South, Range 39 East;
64
65Thence run North on the center line of Sections to the
66Northeast corner of the Southwest quarter of Section
6720, Township 31 South, Range 39 East;
68
69Thence run West through center of sections to the
70Northwest corner of the Southwest quarter of Section
7126, Township 31 South, Range 38 East;
72
73Thence run South on Section line to the Southwest
74corner of Section 35, Township 32 South, Range 38
75East;
76
77Thence run East along Township line to the Southeast
78corner of Township 32 South, Range 38 East;
79
80Thence run North along Range line to the Northeast
81corner of Township 32 South, Range 38 East to the
82point of beginning.
83
84All of the S1/2 of Sections 25 and 26, and all of
85Sections 35 and 36 of Township 31 South, Range 38
86East.
87
88The SW1/4 of Section 29; the S1/2 of Section 30; all
89of Section 31; and the W1/2 of Section 32; all in
90Township 31 South, Range 39 East.
91
92All of Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26,
9335, and 36, in Township 32 South, Range 38 East.
94
95     Section 3.  Provisions of law made applicable.--The
96provisions of chapter 298, Florida Statutes, are hereby declared
97to be applicable to the Sebastian River Improvement District.
98The Sebastian River Improvement District shall have all of the
99powers and authorities mentioned in or conferred by chapter 298,
100Florida Statutes.
101     Section 4.  Powers of the district; compliance with county
102plans 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
105in equity, to make contracts, and to adopt and use a corporate
106seal and to alter the same at pleasure;
107     (b)  To acquire by purchase, gift, or condemnation real or
108personal property within or without the district and to convey
109and dispose of such real or personal property as may be
110necessary or convenient to carry out the purposes of this act
111and chapter 298, Florida Statutes;
112     (c)  To construct, operate, and maintain canals, ditches,
113drains, levees, lakes, ponds, and other works for water
114management and control purposes;
115     (d)  To acquire, purchase, operate, and maintain pumps,
116plants, and pumping systems for water management and control
117purposes;
118     (e)  To construct, operate, and maintain irrigation works,
119machinery, and plants;
120     (f)  To construct, improve, pave, and maintain roadways and
121roads necessary and convenient for the exercise of the powers or
122duties of the district or the supervisors thereof and to include
123as a component of roads, parkways, bridges, landscaping,
124irrigation, bicycle and jogging paths, street lighting, traffic
125signals, road striping, and all other customary elements of a
126modern road system;
127     (g)  To finance, fund, plan, establish, acquire, construct
128or reconstruct, enlarge or extend, equip, operate, and maintain
129systems and facilities for providing transportation throughout
130the district, including private or contract carriers, buses,
131vehicles, railroads, and other transportation facilities, to
132meet the transportation requirements of the district in
133activities conducted within the district;
134     (h)  To finance, fund, plan, establish, acquire, construct
135or reconstruct, enlarge or extend, equip, operate, and maintain
136parking facilities within the district boundaries;
137     (i)  To finance, fund, plan, establish, acquire, construct
138or reconstruct, enlarge or extend, equip, operate, and maintain
139additional systems and facilities for parks and facilities for
140indoor and outdoor recreational, cultural, and educational uses;
141     (j)  To acquire, construct, finance, operate, and maintain
142water plants and systems to produce, purify, and distribute
143water for consumption;
144     (k)  To acquire, construct, finance, operate, and maintain
145sewer systems for the collection, disposal, and reuse of waste
146and to prevent water pollution in the district;
147     (l)  To levy non-ad valorem assessments and to prescribe,
148fix, establish, and collect rates, fees, rentals, fares, or
149other charges, and to revise the same from time to time, for the
150facilities and services furnished or to be furnished by the
151district and to recover the cost of making connection to any
152district facility or system;
153     (m)  To provide for the discontinuance of service and
154reasonable penalties, including attorney's fees, against any
155user or property for any such rates, fees, rentals, fares, or
156other charges that become delinquent and require collection.
157However, no charges or fees shall be established until after a
158public hearing of the board at the district at which all
159affected persons shall be given an opportunity to be heard;
160     (n)  To enter into agreements with any person, firm, or
161corporation for the furnishing by such person, firm, or
162corporation of any facilities and services of the type provided
163for in this act;
164     (o)  To enter into impact fee credit agreements with local
165general purpose governments. In the event the district enters
166into an impact fee credit agreement with a local general purpose
167government where the district constructs or makes contributions
168for public facilities for which impact fee credits would be
169available, the agreement may provide that such impact fee
170credits shall inure to the landowners within the district in
171proportion to their relative assessments, and the district
172shall, from time to time, execute such instruments, such as
173assignments of impact fee credits, as may be necessary or
174desirable to accomplish or confirm the foregoing;
175     (p)  To construct and maintain facilities for and take
176measures to control mosquitoes and other arthropods of public
177health importance;
178     (q)  To finance, fund, plan, establish, acquire, construct
179or reconstruct, enlarge or extend, equip, operate, and maintain
180additional systems and facilities for conservation areas,
181mitigation areas, and wildlife habitat, including the
182maintenance of any plant or animal species, and any related
183interest in real or personal property;
184     (r)  To borrow money and issue negotiable or other bonds of
185said district as hereinafter provided; to borrow money, from
186time to time, and issue negotiable or other notes of said
187district therefor, bearing interest at not exceeding the maximum
188interest allowable by law, in anticipation of the collection of
189taxes, levies, and assessments or revenues of said district and
190to pledge or hypothecate such taxes, levies, assessments, and
191revenues to secure such bonds, notes, or obligations and to
192sell, discount, negotiate, and dispose of the same;
193     (s)  To provide public safety, including, but not limited
194to, security, guardhouses, fences and gates, electronic
195intrusion detection systems, and patrol cars, when authorized by
196proper governmental agencies, except that the district may not
197exercise any police power but may contract with the appropriate
198local general purpose government agencies for an increased level
199of such service within the district boundaries;
200     (t)  To provide systems and facilities for fire prevention
201and control and emergency medical services, including the
202construction or purchase of fire stations, water mains and
203plugs, fire trucks, and other vehicles and equipment;
204     (u)  To finance, fund, plan, establish, acquire, construct
205or reconstruct, enlarge or extend, equip, and maintain
206additional systems and facilities for school buildings and
207related structures, which may be leased, sold, or donated to the
208school district for use in the educational system when
209authorized by the district school board;
210     (v)  To establish and create such departments, committees,
211boards, or other agencies, including a public relations
212committee, as from time to time the board of supervisors may
213deem necessary or desirable in the performance of the acts or
214other things necessary to the exercise of the powers provided in
215this act, and to delegate to such departments, committees,
216boards, or other agencies such administrative duties and other
217powers as the board of supervisors may deem necessary or
218desirable; and
219     (w)  To exercise all other powers necessary, convenient, or
220proper in connection with any of the powers or duties of the
221district stated in this act. The powers and duties of the
222district shall be exercised by and through the board of
223supervisors thereof, which board shall have the authority to
224employ engineers, attorneys, agents, employees, and
225representatives as the board of supervisors may from time to
226time determine and to fix their compensation and duties.
227However, in addition thereto, the district shall have all of the
228powers provided for in chapter 298, Florida Statutes. All powers
229and authority of the district shall extend and apply to the
230district as a whole and to each unit of development as from time
231to time may be designated by the board of supervisors.
232     (2)  Notwithstanding any authority contained within this
233section, the development, operation, or maintenance of any
234district facilities or services shall comply with the adopted
235comprehensive plan for Indian River County and any land
236development regulations adopted thereunder that apply within the
237geographic boundaries of the district.
238     Section 5.  Board of supervisors; organization, powers,
239duties, and terms of office.--
240     (1)  There is hereby created a board of supervisors of the
241Sebastian River Improvement District, which shall be the
242governing body of the district. The board of supervisors shall
243consist of three persons who, except as herein otherwise
244provided, shall hold office for a term of 3 years and until
245their successors are duly elected and qualified.
246     (2)  Each year during the month of June, a supervisor shall
247be elected, as hereinafter provided, by the landowners of the
248district to take the place of the retiring supervisor. All
249vacancies or expirations on the board shall be filled as
250required by this act and chapter 298, Florida Statutes. The
251supervisors of the Sebastian River Improvement District shall be
252residents of the State of Florida and citizens of the United
253States. In case of a vacancy in the office of any supervisor,
254the remaining supervisors may fill such vacancy until the next
255annual meeting of the landowners, when his or her successor
256shall be elected by the landowners for the unexpired term. As
257soon as practicable after their election, the board of
258supervisors shall organize by choosing one of their number as
259president of the board of supervisors and by electing some
260suitable person as secretary, who may or may not be a member of
261the board. The board of supervisors shall adopt a seal, which
262shall be the seal of the district. At each annual meeting of the
263landowners of the district, the board of supervisors shall
264report all work undertaken or completed during the preceding
265year and the status of the finances of the district.
266     (3)  All supervisors shall hold office until their
267successors are elected and qualified. Whenever any election is
268authorized or required by this act to be held by the landowners
269at any particular or stated time or day but for any reason is
270not or cannot be held at such time or on such day, then the
271power or duty to hold such election shall not cease or lapse,
272but such election shall be held thereafter as soon as
273practicable and consistent with this act.
274     Section 6.  Compensation of board.--Each supervisor shall
275be paid for his or her services a per diem of $25 for each day
276actually engaged in work pertaining to the district. In addition
277to such per diem, supervisors shall be paid travel and related
278expenses at rates authorized by general law for public officials
279pursuant to chapter 112, Florida Statutes.
280     Section 7.  Meetings of landowners; election of
281supervisors.--Each year during the month of June, a meeting of
282the landowners of the district shall be held for the purpose of
283electing a supervisor to take the place of the retiring
284supervisor and hearing reports of the board of supervisors.
285Elections shall be conducted in accordance with applicable
286provisions of chapter 298, Florida Statutes.
287     Section 8.  Non-ad valorem assessments.--
288     (1)  NON-AD VALOREM ASSESSMENTS.--Non-ad valorem
289assessments for the construction, operation, or maintenance of
290district facilities, services, and operations shall be assessed,
291levied, and collected pursuant to chapter 298, chapter 170, or
292chapter 197, Florida Statutes.
293     (2)  TAXES, ASSESSMENTS, AND COSTS, A LIEN ON LAND AGAINST
294WHICH ASSESSED, ETC.--All taxes and assessments provided for in
295this act, together with all penalties for default in payment of
296the same and all costs in collecting the same, shall, from the
297date of assessment thereof until paid, constitute a lien of
298equal dignity with the liens for county taxes, and other taxes
299of equal dignity with county taxes, upon all the lands against
300which such taxes shall be levied as provided in this chapter.
301     (3)  COMPENSATION OF PROPERTY APPRAISER, TAX COLLECTOR, AND
302CLERK OF THE CIRCUIT COURT.--The property appraiser, tax
303collector, and clerk of the circuit court of Indian River County
304shall be entitled to compensation for services performed in
305connection with taxes and assessments of the district as
306provided by general law.
307     (4)  LEVIES OF NON-AD VALOREM ASSESSMENTS ON LAND LESS THAN
3081 ACRE.--In levying and assessing all assessments, each tract or
309parcel of land less than 1 acre in area shall be assessed as a
310full acre, and each tract or parcel of land more than 1 acre in
311area that contains a fraction of an acre shall be assessed at
312the nearest whole number of acres, a fraction of one half or
313more to be assessed as a full acre.
314     Section 9.  Delinquent and unpaid taxes and assessments;
315penalty.--All taxes and assessments provided for in this act
316shall be and become delinquent and bear penalties on the amount
317of said taxes in the same manner as county taxes.
318     Section 10.  Enforcement of taxes and assessments.--The
319collection and enforcement of all taxes and assessments levied
320by the district shall be at the same time and in like manner as
321county taxes, and the provisions of the Florida Statutes
322relating to the sale of lands for unpaid and delinquent county
323taxes, the issuance, sale, and delivery of tax certificates for
324such unpaid and delinquent county taxes, the redemption thereof,
325the issuance to individuals of tax deeds based thereon, and all
326other procedure in connection therewith shall be applicable to
327the district and the delinquent and unpaid taxes of the district
328to the same extent as if said statutory provisions were
329expressly set forth in this act. All taxes and assessments shall
330be subject to the same discounts as county taxes.
331     Section 11.  Issuance of revenue bonds, assessment bonds,
332and bond anticipation notes.--
333     (1)  In addition to the other powers provided to the
334district, and not in limitation thereof, the district shall have
335the power, pursuant to chapter 298, Florida Statutes, and
336applicable general law, at any time, and, from time to time,
337after the issuance of any bonds of the district shall have been
338authorized, to borrow money for the purposes for which such
339bonds are to be issued in anticipation of the receipt of the
340proceeds of the sale of such bonds and to issue bond
341anticipation notes in a principal sum not in excess of the
342authorized maximum amount of such bond issue.
343     (2)  Pursuant to chapter 298, Florida Statutes, and
344applicable general law, the district shall have the power to
345issue assessment bonds and revenue bonds, from time to time,
346without limitation as to amount for the purpose of financing
347those systems and facilities provided for in section 4. Such
348revenue bonds may be secured by, or payable from, the gross or
349net pledge of the revenues to be derived from any project or
350combination of projects; from the rates, fees, or other charges
351to be collected from the users of any project or projects; from
352any revenue-producing undertaking or activity of the district;
353from special assessments; or from any other source or pledged
354security. Such bonds shall not constitute an indebtedness of the
355district, and the approval of the qualified electors shall not
356be required.
357     (3)  Any issue of bonds may be secured by a trust agreement
358by and between the district and a corporate trustee or trustees,
359which may be any trust company or bank having the powers of a
360trust company within or without the state. The resolution
361authorizing the issuance of the bonds or such trust agreement
362may pledge the revenues to be received from any projects of the
363district and may contain such provisions for protecting and
364enforcing the rights and remedies of the bondholders as the
365board may approve, including, without limitation, covenants
366setting forth the duties of the district in relation to the
367acquisition, construction, reconstruction, improvement,
368maintenance, repair, operation, and insurance of any projects
369and the fixing and revising of the rates, fees, and charges, the
370custody, safeguarding, and application of all moneys, and the
371employment of consulting engineers in connection with such
372acquisition, construction, reconstruction, improvement,
373maintenance, repair, or operation.
374     (4)  Bonds of each issue shall be dated; shall bear
375interest at such rate or rates, including variable rates, which
376interest may be tax exempt or taxable for federal income tax
377purposes; shall mature at such time or times from their date or
378dates; and may be made redeemable before maturity at such price
379or prices and under such terms and conditions as may be
380determined by the board.
381     (5)  The district shall have the power to issue bonds for
382the purpose of refunding any outstanding bonds of the district.
383     Section 4.  In case any one or more of the sections or
384provisions of this act or the application of such sections or
385provisions to any situations, circumstances, or person shall for
386any reason be held to be unconstitutional, such
387unconstitutionality shall not affect any other sections or
388provisions of this act or the application of such sections or
389provisions to any other situation, circumstance, or person, and
390it is intended that this law shall be construed and applied as
391if such section or provision had not been included herein for
392any unconstitutional application.
393     Section 5.  Chapters 12258 (1927), 20478 (1941), 57-1109,
39459-768, 63-820, 65-809, and 70-739, Laws of Florida, are
395repealed.
396     Section 6.  This act shall take effect upon becoming a law.


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