Florida Senate - 2010 (NP) SB 2756
By Senator Alexander
17-02247-10 20102756__
1 A bill to be entitled
2 An act relating to Spring Lake Improvement District,
3 Highlands County; amending chapter 2005-342, Laws of
4 Florida; deleting obsolete language and language
5 inconsistent with or repetitive of general law;
6 providing for minimum charter requirements; amending
7 board, election, and term of office provisions;
8 amending the compensation for board members to comply
9 with general law; deleting obsolete district powers
10 and providing additional district powers including
11 mosquito control, fire and emergency services,
12 construction and maintenance of school facilities, and
13 enforcement of deed restrictions; providing for
14 applicability of general laws; providing an effective
15 date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsections (1), (3), (12), (13), and (14) of
20 section 1, section 4, subsections (1) and (9) of section 5, and
21 present sections 6, 9, 10, 19, 20, 22, and 48 of section 3 of
22 chapter 2005-342, Laws of Florida, are amended, and new sections
23 10, 11, and 12 are added to that section, to read:
24 Section 1. Minimum charter requirements.—In accordance with
25 section 189.404(3), Florida Statutes, the following are the
26 minimum requirements for the charter of the Spring Lake
27 Improvement District:
28 (1) The district is organized and exists for all purposes
29 set forth in this act and chapter 298, Florida Statutes, as they
30 may be amended from time to time, and applicable general law
31 except as herein otherwise provided.
32 (3) The district was created by the process contained in
33 chapter 298, Florida Statutes, and its powers supplemented by
34 special act.
35 (12) In accordance with this act and chapter 298, Florida
36 Statutes, the district may continue to levy upon all of the real
37 taxable property in the district a special tax each year as
38 maintenance tax.
39 (13) The method for collecting non-ad valorem assessments,
40 fees, or service charges shall be as set forth in this act and
41 chapters 197 and 298, Florida Statutes, as they may be amended
42 from time to time.
43 (12)(14) The district’s planning requirements shall be as
44 set forth in chapters 189 and 298, Florida Statutes, as they may
45 be amended from time to time.
46 Section 4. Applicability of certain provisions of chapter
47 298, Florida Statutes, to the Spring Lake Improvement District;
48 inconsistent laws inapplicable.—The provisions of chapter 298,
49 Florida Statutes, and all amendments thereto, now existing or
50 hereafter enacted, are declared to be applicable to the Spring
51 Lake Improvement District insofar as not inconsistent with the
52 provisions of this act or any subsequent special acts relating
53 to the Spring Lake Improvement District. Notwithstanding the
54 foregoing, the provisions of sections 298.11, 298.12, 298.14,
55 298.15, 298.17, 298.18, 298.19, 298.20, 298.23, 298.24, 298.25,
56 298.365, 298.366, 298.401, 298.41, 298.465, 298.48, 298.52,
57 298.54, 298.56, 298.57, 298.61, 298.70, 298.71, 298.72, 298.73,
58 and 298.74, Florida Statutes, and amendments thereto, shall not
59 be applicable to the Spring Lake Improvement District.
60 Section 5. Definitions.—Unless the context indicates
61 otherwise, the following words as used in this act shall have
62 the following meanings:
63 (1) “Assessable improvements” includes, without limitation,
64 any and all drainage and land reclamation works, and facilities,
65 sewer systems, storm sewers and drains, water systems, streets,
66 roads, or other projects of the district, or that portion or
67 portions thereof, local in nature and of special benefit to the
68 premises or lands served thereby, and any and all modifications,
69 improvements, and enlargements thereof.
70 (9) “Water management and flood control facilities” means
71 any canals, ditches, or other drainage facilities, reservoirs,
72 dams, levees, sluiceways, dredging holding basins, floodways,
73 pumping stations, or any other works, structures, or facilities
74 for the conservation, control, development, utilization, and
75 disposal of water, and any purposes appurtenant, necessary, or
76 incidental thereto, and includes all real and personal property
77 and any interest therein, rights, easements, and franchises of
78 any nature relating to any such water and flood control
79 facilities or necessary or convenient for the acquisition,
80 construction, reconstruction, operation, or maintenance thereof.
81 Section 6. Board; election; organization, terms of office,
82 quorum; report and minutes.—
83 (1) The board of the district shall be elected and shall
84 exercise the powers granted to the district under this act and
85 under chapter 298, Florida Statutes. The board shall consist of
86 the number of members, and each member shall hold office for the
87 term of years until his or her successor shall be chosen and
88 shall qualify, as set forth in section 189.4051, Florida
89 Statutes. All members of the board shall be landowners within
90 the district.
91 (2) The district is governed by a five-member board of
92 supervisors. The composition of the board, as well as the terms
93 of office and qualification of supervisors, shall be determined
94 pursuant to section 189.4051, Florida Statutes. All supervisors
95 shall be landowners within the district.
96 (3) Those supervisors elected on a one-acre one-vote basis
97 shall be elected at a meeting of the landowners to be held in
98 the month of November of each year. All landowners’ meetings
99 shall be held pursuant to sections 298.11 and 298.12, Florida
100 Statutes. The remaining supervisors shall be elected pursuant to
101 section 189.4051, Florida Statutes, and shall be district
102 residents and registered voters.
103 (4) The terms of office for those supervisors elected on a
104 one-acre one-vote basis shall begin with the next regularly
105 scheduled board meeting following the election. The terms of
106 office for all other supervisors shall begin with the next
107 regularly scheduled board meeting after certification of the
108 election by the Highlands County Supervisor of Elections. Before
109 entering upon his or her official duties, all supervisors
110 (2) In the month of November of each year commencing
111 November of 1992, there shall be held a meeting of the
112 landowners of the district at a location within the district in
113 Highlands County for the purpose of electing one supervisor for
114 a term of 3 years. The president of the board at the time of the
115 November 1992 election shall have his or her term extended until
116 the November 1994 election. The secretary of the board at the
117 time of the November 1992 election shall have his or her term
118 extended until the November 1993 election. The remaining
119 position of supervisor shall stand for election at the November
120 1992 meeting of landowners. Notice of said landowners meeting
121 shall be published once a week for 2 consecutive weeks in a
122 newspaper in Highlands County which is in general circulation
123 within the district, the last said publication to be not less
124 than 14 days nor more than 28 days before the date of the
125 election. The landowners when assembled at such meeting shall
126 organize by electing a chair who shall conduct the meeting. At
127 such meeting each landowner shall be entitled to cast one vote
128 per acre of land owned by him or her and located within the
129 district, for each person to be elected. A landowner may vote in
130 person or by proxy in writing. Fractions of an acre shall be
131 treated as 1 acre, entitling the landowner to one vote with
132 respect thereto. The person receiving the highest number of
133 votes for the office of supervisor shall be declared elected as
134 such supervisor. The owners and proxy holders of district
135 acreage who are present at a duly noticed landowners meeting
136 shall constitute a quorum for the purpose of holding such
137 election or any election thereafter. The provisions of this
138 section do not exempt the district from the election provisions
139 of section 189.4051, Florida Statutes.
140 (3) Each supervisor before entering upon his or her
141 official duties shall take and subscribe to an oath of office as
142 prescribed in section 298.13, Florida Statutes.
143 (5)(4) All supervisors shall hold office for the terms for
144 which they are elected or appointed and until their successors
145 shall be chosen and qualify. In case of a vacancy in the office
146 of any supervisor the remaining supervisor or supervisors (even
147 though less than a quorum) may fill such vacancy by appointment
148 of a new supervisor or supervisors for the unexpired term of the
149 supervisor who vacated his or her office.
150 (6)(5) As soon as practicable after each election, the
151 board shall organize by choosing one of their number as
152 president of the board and by electing a secretary, who need not
153 be a member of the board.
154 (7)(6) A majority of the members of the board shall
155 constitute a quorum.
156 (7) The board shall keep a permanent record book entitled
157 “Record of Proceedings of Spring Lake Improvement District,” in
158 which the minutes of all meetings, resolutions, proceedings,
159 certificates, bonds given by all employees, and any and all
160 corporate acts, shall be recorded. Such record book shall at
161 reasonable times be open to the inspection of any landowner,
162 taxpayer, resident, or bondholder of the district, and such
163 other persons as the board may determine to have a proper
164 interest in the proceedings of the board. Such record book shall
165 be kept at any office or other regular place of business
166 maintained by the board in Highlands County.
167 (8) Whenever any election shall be authorized or required
168 by this act to be held by the landowners at any particular or
169 stated time or day, and if for any reason such election is not
170 held at such time or on such day, then in such event the power
171 or duty to hold such election shall not cease or lapse, but such
172 election shall be held thereafter when practicable, and in
173 accordance with the procedures provided by this act.
174 Section 7.9. Compensation of board.—Each supervisor shall
175 be entitled to receive for his or her services an amount not to
176 exceed $250 per month, provided such salary is approved by a
177 super majority of the board $100 per month. In addition, each
178 supervisor shall receive reasonable traveling expenses for
179 attending the place of meeting from his or her residence. Unless
180 the board by resolution otherwise provides, such traveling
181 expenses shall not be in excess of the amounts provided by law
182 for state and county officials.
183 Section 8.10. Powers of the district.—The district shall
184 have, and the board may exercise, any or all of the following
185 powers:
186 (1) The district shall have the following powers:
187 (a) To contract and be contracted with; to sue and be sued
188 by its in the name in any court of law or in equity, to make
189 contracts, and of the district; to adopt and use a corporate
190 seal and to alter the same at pleasure.;
191 (b) To acquire by purchase, gift, or condemnation devise,
192 eminent domain, (except as limited herein), or otherwise,
193 property, real and or personal property, either, or both any
194 estate therein, within or without the district, and to convey
195 and dispose be used for any of such real and personal property,
196 either or both, as may be necessary or convenient to carry out
197 the purposes, or any of the purposes, of this act and chapters
198 189 and 298, Florida Statutes.
199 (c) To finance, fund, construct, operate, and maintain
200 canals, ditches, drains, levees, lakes, ponds, and other works
201 for water management and control purposes.
202 (2) To adopt a water control plan; and to establish,
203 construct, operate, and maintain a system of main and lateral
204 canals, drains, ditches, levees, dikes, dams, sluices, locks,
205 revetments, reservoirs, holding basins, floodways, pumping
206 stations, syphons, culverts, and storm sewers to drain and
207 reclaim the lands within the district and to connect some or any
208 of them with roads and bridges as in the judgment of the board
209 is deemed advisable to provide access to such facilities.
210 (3) To acquire and maintain appropriate sites for storage
211 and maintenance of the equipment of the district and to acquire,
212 maintain, and construct a suitable building to house the office
213 and records of the district.
214 (4) To clean out, straighten, widen, open up, or change the
215 courses and flow, alter, or deepen any canal, ditch, drain,
216 river, water course, or natural stream as within the judgment of
217 the board is deemed advisable to drain and reclaim lands within
218 the district; to
219 (d) To finance, fund, acquire, purchase, operate, and
220 maintain pumps, plants, and pumping systems for water management
221 and control drainage purposes.; and
222 (e) To finance, fund, construct, operate, and maintain
223 irrigation works, and machinery, and plants in connection with
224 the purposes herein set forth.
225 (5) To regulate and set forth by appropriate resolution the
226 drainage requirements and conditions to be met for plats to be
227 entitled to record on any land within the district, including
228 authority to require as a condition precedent for any platting
229 that good and sufficient bond be posted to ensure proper
230 drainage for the area to be platted.
231 (6) To borrow money and issue bonds, certificates,
232 warrants, notes, or other evidences of indebtedness of the
233 district as hereinafter provided.
234 (7) To build and construct any other works and improvements
235 deemed necessary to preserve and maintain the works in or out of
236 the district; to acquire, construct, operate, maintain, use,
237 sell convey, transfer, or otherwise provide for machines and
238 equipment for any purpose authorized by this act or chapter 298,
239 Florida Statutes; and to contract for the purchase,
240 construction, operation, maintenance, use, sale, conveyance, and
241 transfer of said machinery and equipment.
242 (8) To construct or enlarge, or cause to be constructed or
243 enlarged, any and all bridges or culverts that may be needed in
244 or out of the district, across any drain, ditch, canal,
245 floodway, holding basin, excavation, public highway, tract,
246 grade, fill, or cut; to construct roadways over levees and
247 embankments; to construct any and all of said works and
248 improvements across, through, or over any public right-of-way,
249 highway, grade, fill, or cut in or out of the district.
250 (9) To hold, control, and acquire by donation, purchase, or
251 condemnation, any easement, reservation, or dedication in the
252 district, for any of the purposes herein provided. To condemn as
253 provided by chapters 73 and 74, Florida Statutes, or acquire, by
254 purchase or grant for use in the district, any land or property
255 within the district necessary for the purposes of this act.
256 (10) To access and impose an ad valorem tax, an annual
257 drainage tax, and a maintenance tax as hereinafter provided.
258 (11) To impose and foreclose special assessment liens as
259 hereinafter provided.
260 (12) To prohibit, regulate, and restrict by appropriate
261 resolution all structures, materials, and things, whether solid,
262 liquid, or gas, whether permanent or temporary in nature, which
263 come upon, come into, connect to, or be a part of any facility
264 owned or operated by the district.
265 (13) To administer and provide for the enforcement of all
266 of the provisions herein, including the making, adopting,
267 promulgating, amending, and repealing of all rules and
268 regulations necessary or convenient for the carrying out of the
269 duties, obligations, and powers conferred on the district
270 created hereby.
271 (14) To cooperate with or contract with other drainage
272 districts or other governmental agencies as may be necessary,
273 convenient, incidental, or proper in connection with any of the
274 powers, duties, or purposes of the district as stated in this
275 act.
276 (15) To employ engineers, attorneys, agents, employees, and
277 representatives as the board of supervisors may from time to
278 time determine necessary and to fix their compensation and
279 duties.
280 (16) To exercise all of the powers necessary, convenient,
281 incidental, or proper in connection with any of the powers,
282 duties, or purposes of said district as stated in this act.
283 (f)(17) To finance, fund, construct, improve, pave, and
284 maintain roadways and roads necessary and convenient for the
285 exercise of the powers or duties or any of the powers or duties
286 of the district or the supervisors thereof; and to include as a
287 component of roads, parkways, bridges, landscaping, irrigation,
288 bicycle and jogging paths, street lighting, traffic signals,
289 road striping, and all other customary elements of a modern road
290 system to provide access to and efficient development of areas
291 made suitable and available for cultivation, settlement, urban
292 subdivision, homesites, and other beneficial developments as a
293 result of the drainage operations of the district.
294 (18) To make use of any public easements, dedications to
295 public use, platted reservations for public purposes, or any
296 reservations for drainage purposes within the boundaries of the
297 district.
298 (19) To lease as lessor or lessee to or from any person,
299 firm, corporation, association, or body, public or private, any
300 projects of the type that the district is authorized to
301 undertake and facilities or property of any nature for the use
302 of the district to carry out any of the purposes of this act.
303 (20) To regulate the supply and level of water within the
304 district; to divert waters from one area, lake, pond, river,
305 stream, basin, or drainage or water flood control facility to
306 any other area, lake, pond, river, stream, basin, or drainage
307 and water flood control facility; to regulate control and
308 restrict the development and use of natural or artificial
309 streams or bodies of water, lakes, or ponds; and to take all
310 measures determined by the board to be necessary or desirable to
311 prevent or alleviate land erosion. The powers granted to the
312 district by this subsection shall be concurrent within the
313 boundaries of the district with other public bodies, agencies,
314 or authorities as may be authorized by law. The district is
315 eligible to receive moneys, disbursements, and assistance from
316 the state available to flood control or water management
317 districts and the navigation districts or agencies.
318 (g)(21) To finance, fund, plan, establish own, acquire,
319 construct or, reconstruct, enlarge or extend, equip, operate,
320 and maintain, extend, and improve water systems and facilities
321 for providing transportation throughout the district, including
322 private or contract carriers, buses, vehicles, railroads, and
323 other transportation facilities, to meet the transportation
324 requirements of the district activities conducted within the
325 district sewer systems or combined water and sewer systems; to
326 regulate the use of sewers and the supply of water within the
327 district and to prohibit or regulate the use and maintenance of
328 outhouses, privies, septic tanks, or other sanitary structures
329 or appliances within the district; to prescribe methods of
330 pretreatment of wastes not amenable to treatment with domestic
331 sewage before accepting such wastes for treatment and to refuse
332 to accept such wastes when not sufficiently pretreated as may be
333 prescribed, and to prescribe penalties for the refusal of any
334 person or corporation to so pretreat such wastes; to sell or
335 otherwise dispose of the effluent, sludge, or other byproducts
336 as a result of sewage treatment; and to construct and operate
337 connecting, intercepting, or outlet sewers and sewer mains and
338 pipes and water mains, conduits, or pipelines in, along, or
339 under any street, alleys, highways, or other public places or
340 ways within or without the district, when deemed necessary or
341 desirable by the board. The plans for any water or sewer system
342 shall be subject to the approval of the State Board of Health.
343 (h)(22) To own, finance, fund, plan, establish, acquire,
344 construct or reconstruct, enlarge or extend, equip, operate, and
345 maintain parking facilities within the district boundaries.
346 (i) To finance, fund, plan, establish, acquire, construct
347 or reconstruct, enlarge or extend, equip, operate, and maintain
348 additional systems and facilities for parks and facilities for
349 indoor and outdoor recreational recreation, cultural, and
350 educational uses including buildings and equipment for such
351 uses, playgrounds, picnic grounds, camping facilities, and water
352 recreation facilities within or without the district.
353 (j) To acquire, construct, finance, fund, operate, and
354 maintain water plants and systems to produce, purify, and
355 distribute water for consumption.
356 (k) To acquire, construct, finance, fund, operate, and
357 maintain sewer systems for the collection, disposal, and reuse
358 of waste and to prevent water pollution in the district.
359 (l) To levy non-ad valorem assessments; to prescribe, fix,
360 establish, and collect rates, fees, rentals, fares, or other
361 charges, and to revise the same from time to time, for the
362 facilities and services furnished or to be furnished by the
363 district; and to recover the cost of making connection to any
364 district facility or system.
365 (m) To provide for the discontinuance of service and
366 reasonable penalties, including attorney’s fees, against any
367 user or property for any such rates, fees, rentals, fares, or
368 other charges that become delinquent and require collection.
369 However, no charges or fees shall be established until after a
370 public hearing of the board at the district at which all
371 affected persons shall be given an opportunity to be heard.
372 (n) To enter into agreements with any person, firm, or
373 corporation for the furnishing by such person, firm, or
374 corporation of any facilities and services of the type provided
375 for in this act.
376 (o) To construct and maintain facilities for and take
377 measures to control mosquitoes and other arthropods of public
378 health importance.
379 (p) To finance, fund, plan, establish, acquire, construct
380 or reconstruct, enlarge or extend, equip, operate, and maintain
381 additional systems and facilities for conservation areas,
382 mitigation areas, and wildlife habitat, including the
383 maintenance of any plant or animal species, and any related
384 interest in real or personal property.
385 (q) To borrow money and issue negotiable or other bonds of
386 the district as hereinafter provided; to borrow money, from time
387 to time, and issue negotiable or other notes of the district
388 therefore, bearing interest at an amount not to exceed the
389 maximum interest allowable by law, in anticipation of the
390 collection of taxes and assessments or revenues of the district;
391 and to pledge or hypothecate such taxes, assessments, and
392 revenues to secure such bonds, notes, or obligations, and to
393 sell, discount, negotiate, and dispose of the same.
394 (r) To provide public safety, including, but not limited
395 to, security, guardhouses, fences and gates, electronic
396 intrusion detection systems, and patrol cars, when authorized by
397 proper governmental agencies; except that the district may not
398 exercise any police power, but may contract with the appropriate
399 local general-purpose government agencies for an increased level
400 of such service within the district boundaries.
401 (s) To provide systems and facilities for fire prevention
402 and control and emergency medical services, including the
403 construction or purchase of fire stations, water mains and
404 plugs, fire trucks, and other vehicles and equipment consistent
405 with any adopted Highlands County ordinances, rules, or
406 regulations.
407 (t) To finance, fund, plan, establish, acquire, construct
408 or reconstruct, enlarge or extend, equip, and maintain
409 additional systems and facilities for school buildings and
410 related structures pursuant to this act and chapter 1013,
411 Florida Statutes, which may be leased, sold, or donated to the
412 school district for use in the educational system when
413 authorized by the district school board.
414 (u) To adopt rules necessary for the district to enforce
415 certain deed restrictions pertaining to the use and operation of
416 real property within the district. For the purpose of this
417 subsection, the term “deed restrictions” means those covenants,
418 conditions, restrictions, compliance mechanisms, and enforcement
419 remedies contained in any applicable declarations of covenants
420 and restrictions that govern the use and operation of real
421 property within the district and, for which covenants,
422 conditions, and restrictions, there is no homeowners’
423 association or property owner’s association having respective
424 enforcement powers or an association with such enforcement
425 powers has not held a publicly noticed regular or special
426 meeting within the previous 12 months unless, with respect to a
427 homeowners’ association whose board is under member control and
428 which has held a publicly noticed regular or special meeting
429 within the previous 12 months, the association and the district
430 agree in writing to enforcement by the district. The district
431 may adopt by rule all or certain portions of the deed
432 restrictions that:
433 1. Relate to limitations, or prohibitions, compliance
434 mechanisms, or enforcement remedies that apply only to external
435 appearances or uses and are deemed by the district to be
436 generally beneficial for the district’s landowners and for which
437 enforcement by the district is appropriate, as determined by the
438 district’s governing board;
439 2. Are consistent with the requirements of a development
440 order or regulatory agency permit; or
441 3. Are consistent with the district’s water control plan.
442 (23) To issue general obligation bonds, revenue bonds,
443 assessment bonds, or any other bonds or obligations authorized
444 by the provisions of this act or any other law, or any
445 combination of the foregoing, to pay all or part of the cost of
446 the acquisition, construction, reconstruction, extension,
447 repair, improvement, maintenance, or operation of any project or
448 combination of projects, to provide for any facility, service,
449 or other activity of the district and to provide for the
450 retirement or refunding of any bonds or obligations of the
451 district, or for any combination of the foregoing purposes.
452 (24) To build, install, maintain, and operate streetlights.
453 (v)(25) To require that all new and existing public and
454 private utilities and services used for local distribution
455 purposes, excluding primary feeders, be constructed underground;
456 to construct, alter, and maintain said underground utilities;
457 and, to the extent allowed by law, to regulate and restrict by
458 appropriate resolution the location, type, construction, and
459 maintenance by others of said underground utilities.
460 (w) To establish and create such departments, committees,
461 boards, or other agencies, including a public relations
462 committee, as from time to time the board of supervisors may
463 deem necessary or desirable in the performance of this act or
464 other things necessary to the exercise of the powers provided in
465 this act, and to delegate to such departments, boards, or other
466 agencies such administrative duties and other powers as the
467 board of supervisors may deem necessary or desirable.
468 (x)(26) To require every landowner within the district to
469 maintain his or her respective property in a neat and attractive
470 condition, free of high grass, weeds, underbrush, and refuse; to
471 regulate and restrict by appropriate resolution the maintenance
472 thereof; to mow and maintain said property on the landowner’s
473 failure to do so; and to impose, assess, collect, and place a
474 lien upon such property for the cost and expense of mowing and
475 maintenance by the district.
476 (y) To exercise all other powers necessary, convenient, or
477 proper in connection with any of the powers or duties of the
478 district stated in this act. The powers and duties of the
479 district shall be exercised by and through the board of
480 supervisors thereof, which board shall have the authority to
481 employ engineers, attorneys, agents, employees, and
482 representatives as the board of supervisors may, from time to
483 time, determine, and to fix their compensation and duties.
484 However, in addition thereto, the district shall have all of the
485 powers provided for in chapter 298, Florida Statutes. All powers
486 and authority of the district shall extend and apply to the
487 district as a whole and to each unit of development as, from
488 time to time, may be designated by the board of supervisors.
489 (27) To exercise any and all other powers conferred upon
490 drainage districts by chapter 298, Florida Statutes.
491 Section 10. Taxes; non-ad valorem assessments.—
492 (1) NON-AD VALOREM ASSESSMENTS.—Non-ad valorem assessments
493 for the construction, operation, or maintenance of district
494 facilities, services, and operations shall be assessed, levied,
495 and collected pursuant to chapter 298, chapter 170, or chapter
496 197, Florida Statutes.
497 (2) Section 19. TAXES, ASSESSMENTS, AND COSTS; A LIEN ON
498 LAND AGAINST WHICH ASSESSED, ETC.—Tax liens.—All taxes and
499 assessments of the district provided for in this act or chapter
500 298, Florida Statutes, together with all penalties for default
501 in the payment of the same, and all costs in collecting the same
502 including reasonable attorney’s fees fixed by the court and
503 taxed as cost in the action brought to enforce payment, shall,
504 from the date of January 1 for each year the property is liable
505 to assessment thereof and until paid, constitute a lien of equal
506 dignity with the liens for state and county taxes, and other
507 taxes of equal dignity with state and county taxes, upon all the
508 lands against which such taxes shall be levied as is provided in
509 this act. A sale of any of the real property within the district
510 for state and county or other taxes shall not operate to relieve
511 or release the property so sold from the lien for subsequent
512 district taxes or installments of district taxes which lien may
513 be enforced against such property as though no such sale thereof
514 had been made. The provisions of section 194.171, Florida
515 Statutes, and amendments thereto shall be applicable to district
516 taxes with the same force and effect as if said provisions were
517 expressly set forth in this act.
518 (3) COMPENSATION OF PROPERTY APPRAISER, TAX COLLECTOR, AND
519 CLERK OF THE CIRCUIT COURT.—The Property Appraiser, Tax
520 Collector, and Clerk of the Circuit Court of Highlands County
521 shall be entitled to compensation for services performed in
522 connection with taxes and assessments of the district as
523 provided by general law.
524 (4) LEVIES OF NON-AD VALOREM ASSESSMENTS ON LAND LESS THAN
525 1 ACRE.—In levying and assessing all assessments, each tract or
526 parcel of land less than 1 acre in area shall be assessed as a
527 full acre, and each tract or parcel of land more than 1 acre in
528 area which contains a fraction of an acre shall be assessed at
529 the nearest whole number of acres, a fraction of one-half or
530 more to be assessed as a full acre.
531 Section 11. When unpaid taxes and assessments delinquent;
532 penalty.—All taxes and assessments provided for in this act
533 shall be and become delinquent and bear penalties on the amount
534 of the taxes in the same manner as county taxes.
535 Section 12. Enforcement of taxes and assessments.—The
536 collection and enforcement of all taxes and assessments levied
537 by the district shall be at the same time and in like manner as
538 county taxes, and the provisions of the Florida Statutes
539 relating to the sale of lands for unpaid and delinquent county
540 taxes, the issuance, sale, and delivery of tax certificates for
541 such unpaid and delinquent county taxes, the redemption thereof,
542 the issuance to individuals of tax deeds based thereon, and all
543 other procedures in connection therewith shall be applicable to
544 the district and the delinquent and unpaid taxes of the district
545 to the same extent as if the statutory provisions were expressly
546 set forth in this act. All taxes and assessments shall be
547 subject to the same discounts as county taxes.
548 Section 13.20. Issuance of revenue bonds, assessment bonds,
549 and bond anticipation notes.—
550 (1) In addition to the other powers provided the district,
551 for in this act and not in limitation thereof, the district
552 shall have the power, pursuant to this act, chapter 298, Florida
553 Statutes, and applicable general law, at any time, and from time
554 to time after the issuance of any bonds of the district shall
555 have been authorized, to borrow money for the purposes for which
556 such bonds are to be issued in anticipation of the receipt of
557 the proceeds of the sale of such bonds and to issue bond
558 anticipation notes in a principal sum not in excess of the
559 authorized maximum amount of such bond issue. Such notes shall
560 be in such denomination or denominations, bear interest at such
561 rate as the board may determine not to exceed 10 percent per
562 annum, mature at such time or times not later than 5 years from
563 the date of issuance, and be in such form and executed in such
564 manner as the board shall prescribe. Such notes may be sold at
565 either public or private sale or, if such notes shall be renewal
566 notes, may be exchanged for notes then outstanding on such terms
567 as the board shall determine. Such notes shall be paid from the
568 proceeds of such bonds when issued. The board may in its
569 discretion, in lieu of retiring the notes by means of bonds,
570 retire them by means of current revenues or from any taxes or
571 assessments levied for the payment of such bonds, but in such
572 event a like amount of the bonds authorized shall not be issued.
573 (2) Pursuant to chapter 298, Florida Statutes, this act,
574 and applicable general law, the district shall have the power to
575 issue assessment bonds and revenue bonds from time to time,
576 without limitation as to amount, for the purpose of financing
577 those systems and facilities provided for in section 3. Such
578 revenue bonds may be secured by, or payable from, the gross or
579 net pledge of the revenues to be derived from any project or
580 combination of projects; from the rates, fees, or other charges
581 to be collected from the users of any project or projects; from
582 any revenue-producing undertaking or activity of the district;
583 from non-ad valorem assessments; or from any other source or
584 pledged security. Such bonds shall not constitute an
585 indebtedness of the district, and the approval of the qualified
586 electors shall not be required unless such bonds are
587 additionally secured by the full faith and credit and taxing
588 power of the district.
589 (3) Section 22. Issuance of bonds.—In the discretion of the
590 board, Any issue of bonds may be secured by a trust agreement by
591 and between the district and a corporate trustee or trustees,
592 which may be any trust company or bank having the powers of a
593 trust company within or without the state. The resolution
594 authorizing the issuance of the bonds or such trust agreement
595 may pledge the revenues to be received from any projects of the
596 district and may contain such provisions for protecting and
597 enforcing the rights and remedies of the bondholders as the
598 board may approve, including, without limitation, covenants,
599 setting forth the duties of the district in relation to the
600 acquisition, construction, reconstruction, stewardship,
601 reconstructions, improvements, maintenance, repair, operation,
602 and insurance of any projects;, the fixing and revising of the
603 rates, fees, and charges;, and the custody, safeguarding, and
604 application of all moneys, and for the employment of consulting
605 counseling engineers in connection with such acquisition,
606 construction, reconstruction, stewardship improvement,
607 maintenance, repair, or operation. It shall be lawful for any
608 bank or trust company incorporated under the laws of the state
609 which may act as a depository of the proceeds of bonds or of
610 revenues to furnish such indemnifying bonds or to pledge such
611 securities as may be required by the district. Such resolution
612 or trust agreement may set forth the rights and remedies of the
613 bondholders and of the trustee, if any, and may restrict the
614 individual right of action by bondholders. The board may provide
615 for the payment of the proceeds of the sale of the bonds and the
616 revenues of any project to such officer, board, or depository as
617 it may designate for the custody thereof, and for the method of
618 disbursement thereof with such safeguards and restrictions as it
619 may determine. All expenses incurred in carrying out the
620 provisions of such resolution or trust agreement may be treated
621 as party of the cost of operation of the project to which such
622 trust agreement pertains.
623 (4) Bonds of each issue shall be dated; shall bear interest
624 at such rate or rates, including variable rates, which interest
625 may be tax exempt or taxable for federal income tax purposes;
626 shall mature at such time or times from their date or dates; and
627 may be made redeemable before maturity at such price or prices
628 and under such terms and conditions as may be determined by the
629 board.
630 (5) The district shall have the power to issue bonds for
631 the purpose of refunding any outstanding bonds of the district.
632 Section 16.48. Bids required.—No contract shall be let by
633 the board for the construction or maintenance of any project
634 authorized by this act, nor shall any goods, supplies, or
635 materials be purchased except in compliance with the competitive
636 bid or negotiations provisions of sections 255.20 and 287.055,
637 Florida Statutes, chapter 298, Florida Statutes, other
638 applicable general law, and the policies of the district board
639 of supervisors when the amount thereof to be paid by said
640 district shall exceed the amount provided in section 287.017,
641 Florida Statutes, for category two, unless notice of bids shall
642 be advertised once a week for 2 consecutive weeks in a newspaper
643 published in Highlands County and in general circulation within
644 the district, and in each case the bid of the lowest responsible
645 bidder shall be accepted, unless all bids are rejected because
646 the bids are too high. The board may require the bidders to
647 furnish bond with responsible surety to be approved by the
648 board. Nothing in this section shall prevent the board from
649 undertaking and performing the construction, operation, and
650 maintenance of any project or facility authorized by this act by
651 the employment of labor, material, and machinery.
652 Section 2. Sections 7, 8, 12, 13, 14, 15, 16, 17, 18, 21,
653 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38,
654 39, 40, 41, 43, 44, 45, 46, 50, and 51 of section 3 of chapter
655 2005-342, Laws of Florida, are repealed.
656 Section 3. This act shall take effect upon becoming a law.