HB 0897 2003
1	A bill to be entitled
2	An act relating to the Homosassa Special Water District in
3	Citrus County; codifying, reenacting, amending, and
4	repealing special acts related to the District; creating a
5	District charter; creating an independent special
6	district; providing a District boundary; providing powers,
7	functions, and duties of the District; providing for
8	amendment of the charter; providing for the District
9	purpose; providing for financial disclosure, meeting
10	notices, reporting, public records maintenance, and per
11	diem expenses; providing District powers, functions, and
12	duties; providing for a District governing board;
13	providing for a chair and secretary-treasurer; providing
14	for general obligation bonds; providing for revenue bonds;
15	providing for refunding bonds; providing for levy of ad
16	valorem taxes; providing for payment of bonds; providing
17	for authority to levy and collect tax on real and personal
18	property for administrative costs, expenditure generally;
19	providing for construction costs; providing for special
20	assessments for construction, reconstruction, repair, or
21	maintenance of improvements; providing for exemption from
22	taxes and assessments; providing for liberal construction;
23	providing for severability; providing for effect of
24	conflicting laws; providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1. Pursuant to section 189.429, Florida Statutes,
29	this act constitutes the codification of all special acts
30	relating to the Homosassa Special Water District, (“District”).
31	It is the intent of the Legislature in enacting this law to
32	provide a single, comprehensive special act charter for the
33	District, including all current legislative authority granted to
34	the District by its several legislative enactments and any
35	additional authority granted by this act and chapter 189,
36	Florida Statutes, as the same may be amended from time to time.
37	It is further the intent of this act to preserve all District
38	authority.
39	Section 2. Chapters 24429 (1947), 25726 (1949), 59-1177,
40	63-1222, 70-630, 73-431, 76-346, 76-347, 77-528, 79-440, 80-475,
41	80-476, 81-360, 82-279, 83-386, 84-410, 85-399, 86-456, 88-463,
42	88-484, 88-533, 89-436, 89-464, 89-499, 90-418, 90-419, 92-241,
43	92-337, and 96-525, Laws of Florida, relating to the Homosassa
44	Special Water District, are codified, reenacted, and repealed as
45	provided in this act.
46	Section 3. The charter of the Homosassa Special Water
47	District is re-created and reenacted to read:
48	Section 1. Creation, jurisdiction, and purpose.--
49	(1) The District is hereby created and incorporated as an
50	independent special district, pursuant to chapter 189, Florida
51	Statutes, to be known as the Homosassa Special Water District,
52	in Citrus County, which special district shall be a public body
53	corporate and politic.
54	(2) District boundaries shall embrace and include the
55	territory consisting of the following:
56	All of Sections 25, 26, 27, 28, 33, 34, 35 and 36 in
57	Township 19 South, Range 16 East; all of Sections 15, 20,
58	21, 22, 27, 28, 29, 30, 31, 32 and 33 in Township 19
59	South, Range 17 East; all of Sections 2, 3, 4 and 11 in
60	Township 20 South, Range 16 East; and all of Sections 4,
61	5, 6, 7, 8 and 9 in Township 20 South, Range 17 East;
62	LESS AND EXCEPT that certain subdivision known as Spring
63	Gardens as recorded in Plat Book 11, Page 98, Public
64	Records of Citrus County, Florida; AND Block 169, Unit
65	No. 4 of Homosassa, as recorded in Plat Book 1, Page 46,
66	Public Records of Citrus County, Florida; AND that part
67	of the NW 1/4 of the NW 1/4 of Section 29, Township 19
68	South, Range 18 East, that lies South of the Southerly
69	right-of-way line of Grover Cleveland Boulevard, LESS AND
70	EXCEPT those portions described in the following deeds:
71	Warranty Deed dated August 29th, 1977, filed August 30,
72	1977, and recorded in O.R. Book 474, page 285, public
73	records of Citrus County, Florida; Warranty Deed dated
74	April 27, 1979, filed May 1, 1979, and recorded in O.R.
75	Book 536, page 862, public records of Citrus County,
76	Florida; Warranty Deed dated June 16, 1980, filed
77	December 3, 1980, and recorded in O.R. Book 567, page
78	1144, public records of Citrus County, Florida; AND all
79	that part of Unit No. 2, of Homosassa, Florida, according
80	to the map or plat thereof recorded in Plat Book 1, Page
81	44, public records of Citrus County, Florida, lying North
82	and West of State Road 490 and South of the County Road
83	known as Spring Cove Road, LESS AND EXCEPT the tract of
84	land as described in Deed from River Gulf Co., Inc., to
85	A.R. Walker and Martha L. Walker, his wife, dated July 3,
86	1967, and recorded in O.R. Book 217, Page 367, public
87	records of Citrus County, Florida; AND a parcel of land
88	described as: Begin at the S.W. corner of Unit No. 2 of
89	Homosassa, as recorded in Plat Book 1, Page 44, public
90	records of Citrus County, Florida, thence N 0°22’53” W
91	along the West line of Unit No. 2 of Homosassa a distance
92	of 599.89 ft. to the South right-of-way line of a County
93	Road known as Spring Cove Road, thence N 88°08’19” E
94	along the South right-of-way line of Spring Cove Road a
95	distance of 626.83 ft. to the N.W. corner of lands
96	described in O.R. Book 217, Page 367, public records of
97	Citrus County, Florida, thence S 30°08’46” W along the
98	West boundary of lands described in O.R. Book 217, Page
99	367, and a Southerly projection thereof a distance of
100	350 feet, thence N 88°08’46” E, a distance 200 feet to
101	the Northwesterly right-of-way line of State Road 490,
102	thence S 30°08’46” W along the Northwesterly right-of-way
103	line of State Road 490 a distance of 488.90 feet to the
104	South line of said Unit No. 2 of Homosassa, thence N
105	76°10’29” W along the South line of said Unit No. 2 of
106	Homosassa a distance of 413.05 feet to the Point of
107	Beginning; AND a parcel of land described as: Commence at
108	the NW corner of the SW 1/4 of Section 27, Township 19
109	South, Range 17 East, thence S 0°20’05” W along the West
110	line of said SW 1/4 a distance of 2.86 feet, thence N
111	89°09’10” E 207.66 feet, thence N 80°30’50” E 327.26
112	feet, thence N 54°04’10” E 351.97 feet, thence N 63°15’ E
113	330.22 feet, thence N 88°37’10” E 896.99 feet to the
114	Northwesterly right-of-way line of State Road 490, thence
115	S 30°37’20” W along said right-of-way line a distance of
116	29.48 feet to the POINT OF BEGINNING, said point also
117	being on the South right-of-way line of a proposed County
118	Road, thence continue S 30°37’20” W along aforementioned
119	Northwesterly right-of-way line of State Road 490, a
120	distance of 200 feet, thence S 88°37’10” W parallel to
121	the aforementioned South right-of-way line of a proposed
122	County Road, a distance of 200 feet, thence N 30°37’20” E
123	200 feet to said South right-of-way line of a proposed
124	County Road, thence N 88°37’10” E along said South right-
125	of-way line a distance of 200 feet to the point of
126	beginning; AND the South 60 feet of Sections 23 and 24 of
127	Township 19 South, Range 17 East; AND the North 60 feet
128	of Sections 25 and 26, Township 19 South, Range 17 East;
129	AND the South 60 feet of Sections 19, 20 and 21, Township
130	19 South, Range 18 East, LESS AND EXCEPT that portion
131	lying easterly of the East right-of-way line of State
132	Road 491; AND the North 60 feet of Sections 28, 29 and
133	30, Township 19 South, Range 18 East, LESS AND EXCEPT
134	that portion lying easterly of the East right-of-way line
135	of State Road 491; AND Lots 1, 2 and 3 of Block E, of
136	GROVER CLEVELAND ESTATES, according to a plat thereof as
137	recorded in Plat Book 12, Page 2 of the Public Records of
138	Citrus County, Florida; AND Lots 1, 2, 3, together with
139	Lots 6 through 23, according to the subdivision of HALLS
140	RIVER ESTATES, as recorded in Plat Book 3, Page 11,
141	Public Records of Citrus County, Florida; AND Lot 1,
142	Block A, HAZELTON HILLS, legally described as: Commence
143	at the SW corner of NW 1/4 of Section 25, Township 19
144	South, Range 17 East, thence S 89°44’45” East along the
145	South line of said NW 1/4 of the NW 1/4 a distance of
146	320.59 feet, thence N 0°11’55” East 996.92 feet to the
147	Point of Beginning, thence continue North 00°00’55” East
148	83.08 feet, thence S 89°44’45” East parallel to said
149	South line a distance of 150 feet, thence S 00°00’55”
150	West 83.08 feet, thence N 89°44’45” West parallel to
151	South line a distance of 150 feet to the Point of
152	Beginning; AND commence at the NW corner of Section 29,
153	Township 19 South, Range 18 East, thence S 00°46’57” West
154	along the West line of said Section 29, a distance of
155	31.68 feet to the South right-of-way line of a paved
156	County Road, thence S 88°59’06” East along said South
157	right-of-way line a distance of 521.49 feet to the Point
158	of Beginning, thence continue S 88°59’06” East along said
159	right-of-way line a distance of 487.14 feet, thence
160	leaving said South right-of-way line S 04°43’30” West
161	537.91 feet, thence N 89°13’50” West 437.26 feet, thence
162	N 00°35’20” West 538.87 feet to the Point of Beginning;
163	AND commence at the NW corner of Section 29, Township 19
164	South, Range 18 East, thence S 00°46’57” West along the
165	West line of said Section 29, a distance of 31.68 feet to
166	the South right-of-way line of a County Road, thence
167	along said right-of-way line South 88°59’06” East a
168	distance of 521.49 feet, thence leaving said right-of-way
169	line South 00°35’20” East 538.87 feet to the Point of
170	Beginning, thence S 89°15’50” East 295.00 feet, thence S
171	00°46’57” West 731.95 feet to the South line of said NW
172	1/4 of the NW 1/4 of Section 29, thence S 89°26’13” West
173	295.00 feet, thence N 00°46’57” East 738.82 feet to the
174	Point of Beginning; AND begin at the SW corner of the SE
175	1/4 of the SE 1/4 of Section 24, Township 19 South, Range
176	17 East, thence North along the West line of SE 1/4 of SE
177	1/4 500 feet to the Point of Beginning, thence continue
178	North along the West line for 209 feet, thence East 209
179	feet, thence South 209 feet, thence West 209 feet to the
180	Point of Beginning, together with an easement 20 feet
181	wide extending from the above parcel along the West line
182	of SE 1/4 of SE 1/4 of the County Road known as Chicken
183	Farm Road; AND Tract 45, HOMOSASSA HIGHLANDS, as recorded
184	in Plat Book 7, Page 33, Public Records of Citrus County,
185	Florida; AND Lots 1 through 29, inclusive, Block 171, of
186	HOMOSASSA UNIT #4, as per the plat thereof recorded in
187	Plat Book 1, Page 46, of the public records of Citrus
188	County, Florida, lying in Section 23, Township 19 South,
189	Range 17 East; AND Lots 1 through 29, inclusive, Block
190	171, of HOMOSASSA UNIT #4, as per the plat thereof
191	recorded in Plat Book 1, Page 46, of the public records
192	of Citrus County, Florida, lying in Section 23, Township
193	19 South, Range 17 East; AND the SW 1/4 of the SW 1/4 of
194	Section 19, Township 19 South, Range 18 East, Citrus
195	County, Florida; AND the NW 1/4 of Section 26, Township
196	19 South, Range 17 East, Citrus County, Florida; AND
197	Tract 256 of GREEN ACRES ADDITION #6, UNIT 2, as the same
198	appears of record on the plat recorded in Plat Book 7, at
199	Pages 70 through 72, inclusive, of the Public Records of
200	Citrus County, Florida; AND Lot 3, HOMOSASSA HIGHLANDS
201	SUBDIVISION, as shown in Plat Book 7, at Page 33 of the
202	Public Records of Citrus County, Florida, LESS the
203	portion of said Lot described as follows: Begin at the SE
204	corner of Lot 3, thence N 89°35’48” W along the South
205	line a distance of 100 feet to the SW corner, thence N
206	00°28’33” E along the W line a distance of 27.13 feet to
207	a point that is 50 feet from, measured at right angles
208	to, the centerline of the existing pavement of a county
209	road known as GROVER CLEVELAND BOULEVARD, thence S
210	89°36’35” E parallel to said centerline a distance of 100
211	feet to a point on the East line, thence S 00°28’33” W
212	along said East line a distance of 27.15 feet to the
213	Point of Beginning; AND Lot 5 in Block B of HAZELTON
214	HILLS, an unrecorded subdivision further described as
215	follows: Commence at the SW corner of the NW 1/4 of the
216	NW 1/4 of Section 25, Township 19 South, Range 17 East,
217	thence S 89°44’45” E along the South line of said NW 1/4
218	of NW 1/4 a distance of 520.59 feet, thence N 00°00’55” E
219	1080 feet, thence S 89°44’45” E parallel to said South
220	line a distance of 340 feet to the Point of Beginning,
221	thence continue S 89°44’45” E parallel to said South line
222	a distance of 80 feet, thence 00°00’55” W 120 feet,
223	thence N 89°44’45” W parallel to said South line a
224	distance of 80 feet, thence N 00°00’55” E 120 feet to the
225	Point of Beginning. All such property being located in
226	Citrus County, Florida.
227	(3) The powers, functions, and duties of the District
228	regarding ad valorem taxation, bond issuance, other revenue-
229	raising capabilities, budget preparation and approval, liens and
230	foreclosure of liens, use of tax deeds and tax certificates as
231	appropriate for non-ad valorem assessments, and contractual
232	agreements shall be as set forth in this act and in chapters 189
233	and 197, Florida Statutes, or any other applicable general or
234	special law, as they may be amended from time to time.
235	(4) The District charter created by this act may be
236	amended only by special act of the Legislature.
237	(5) The purpose of the District shall be to supply water
238	within the District for public, domestic, industrial, and fire
239	protection and to fix and collect rates and charges for the
240	services and facilities furnished by the water supply and
241	distribution system and to fix and collect charges for making
242	connections with the system.
243	(6) District requirements for financial disclosure,
244	meeting notices, reporting, public records maintenance, and per
245	diem expenses for District Commissioners and employees shall be
246	as set forth in chapters 112, 189, and 286, Florida Statutes, as
247	they may be amended from time to time.
248	Section 2. District powers, functions, and duties.--
249	(1) In addition to any powers, functions, and duties set
250	forth in this act, the District shall likewise exercise such
251	powers, functions, and duties as may be set forth in chapter
252	189, Florida Statutes, as the same may be amended from time to
253	time.
254	(2) The District is hereby authorized and empowered:
255	(a) To levy ad valorem taxes and non-ad valorem
256	assessments, as provided by this act and chapter 197, Florida
257	Statutes, on all taxable property within the territorial
258	boundaries of the District.
259	(b) To utilize the method provided in chapter 197, Florida
260	Statutes, as the same may be amended from time to time, for
261	collecting non-ad valorem assessments, fees, or service charges.
262	(c) To sue and be sued.
263	(d) To make and enter into contracts and agreements
264	necessary or incidental to the performance of the duties imposed
265	and the execution of the powers granted under this act.
266	(e) To adopt and use a common seal and to alter same.
267	(f) To acquire by grant, loan, purchase, gift, or devise
268	or by the exercise of the right of eminent domain all property,
269	real or personal, or any estate or interest therein necessary,
270	desirable, or convenient for the purposes of this act and to
271	sell, convey, lease, rent, or assign all or any part thereof and
272	to exercise all of its powers and authority with respect
273	thereto. The exercise of eminent domain shall be as provided for
274	by applicable general law.
275	(g) To appoint and employ a superintendent, an attorney,
276	and such other agents and employees as the District deems
277	advisable.
278	(h) To plan, develop, purchase or otherwise acquire,
279	construct, reconstruct, improve, extend, enlarge, equip, repair,
280	maintain, and operate a water supply and distribution system
281	within the territorial limits of the District.
282	(i) To fix and collect rates and charges for the services
283	and facilities furnished by its water supply and distribution
284	system and to fix and collect charges for making connections to
285	its system.
286	(j) To issue revenue bonds, pursuant to section 189.4085,
287	Florida Statutes, as the same may be amended from time to time,
288	and otherwise by this act and general law, to pay the cost of
289	purchasing or otherwise acquiring, constructing, reconstructing,
290	improving, extending, enlarging, or equipping its water supply
291	and distribution system.
292	(k) To issue refunding bonds, pursuant to section
293	189.4085, Florida Statutes, as the same may be amended from time
294	to time, or otherwise by general law, to refund any bonds then
295	outstanding which shall have been issued under the provisions of
296	this act.
297	(l) To do all acts or things necessary or convenient to
298	carry out the powers expressly granted in this act.
299	Section 3. District governing board.--
300	(1) The governing body of the District shall be a board of
301	five Commissioners elected pursuant to chapter 189, Florida
302	Statutes, by the electors of the District in a nonpartisan
303	election held at the time and in the manner prescribed for
304	holding general elections. Each member of the board shall be
305	elected for a term of 4 years and shall serve until his or her
306	successor assumes office, except that the Commissioner who will
307	be elected in December of the year 2003 and the three
308	Commissioners who will be elected in December of the year 2005
309	will be elected for terms of 3 years in order to make District
310	elections consistent with the Florida General Elections.
311	(2) The office of each Commissioner is designated as a
312	seat on the board, distinguished from each of the other seats by
313	a numeral: 1, 2, 3, 4, or 5. Each candidate must designate, at
314	the time he or she qualifies, the seat on the board for which he
315	or she is qualifying. The name of each candidate who qualifies
316	shall be included on the ballot in a way that clearly indicates
317	the seat for which he or she is a candidate. The candidate for
318	each seat who receives the most votes shall be elected to the
319	board.
320	(3) Each member of the board must be a registered elector
321	of and reside within the District boundaries at the time he or
322	she qualifies for election and continually throughout his or her
323	term.
324	(4) In the event of a vacancy, due to any cause, on the
325	Board of Commissioners, the vacancy shall be filled for the
326	remainder of the term by special election within 30 days after
327	the occurrence of the vacancy unless the vacancy occurs within
328	90 days after a regular election.
329	(5) The procedures for conducting District elections and
330	for qualification of electors shall be pursuant to section
331	189.405, Florida Statutes, and general law, as the same may be
332	amended from time to time. Commissioners shall assume their
333	respective duties on the 1st Tuesday after the 1st Monday in
334	January after the date of such election.
335	(6) Special elections may be held under the call of the
336	Chair at any time as directed by the Commissioners. Once called
337	by the Chair, the election will occur in all respects pursuant
338	to the provisions of the Florida Election Code.
339	(7) Commissioners shall receive compensation up to the
340	amount of $200 per month. The compensation to be received from
341	District funds shall be set by resolution of the Commissioners
342	for performance of their duties but may not be increased to more
343	than $200 per month per Commissioner without the prior approval
344	of a majority of the qualified electors of the District voting
345	in a referendum called for such purpose. Commissioners shall be
346	reimbursed by the District for any expenses incurred in the
347	performance of their duties pursuant to chapter 112, Florida
348	Statutes, as the same may be amended from time to time.
349	(8) Any Commissioner may resign voluntarily and also shall
350	be deemed to have resigned by ceasing to be a resident and
351	qualified elector within the District.
352	(9) The board shall hold meetings pursuant to sections
353	189.416 and 189.417, Florida Statutes, as the same may be
354	amended from time to time.
355	(10) A majority of the members of the Board of
356	Commissioners shall constitute a quorum for the transaction of
357	the business of the District. The affirmative vote of a
358	majority of the governing board members present and voting shall
359	be necessary to transact business.
360	(11) The District shall prepare and submit reports,
361	budgets, and audits as provided in sections 189.415 and 189.418,
362	Florida Statutes, as the same may be amended from time to time.
363	Section 4. Chair, Secretary-Treasurer.--At the first
364	meeting of the Commissioners, and annually thereafter, they
365	shall organize and designate one of the Commissioners to act as
366	Chair and appoint a resident of the District, who need not be a
367	Commissioner, to act as Secretary-Treasurer. The Secretary-
368	Treasurer shall be custodian of the official proceedings,
369	records, and funds of the District and upon order of the Board
370	of Commissioners shall furnish bond for the performance of the
371	Secretary-Treasurer’s duties and accounting for the funds of the
372	District. Disbursement of funds of the District shall be made
373	only upon orders authorized by the Board, signed by the Chair
374	and countersigned by the Secretary-Treasurer.
375	Section 5. General obligation bonds.--
376	(1) The District is hereby authorized to issue by
377	resolution general obligation bonds with an aggregate principal
378	amount not exceeding $450,000, payable from rates, rentals,
379	fees, and charges provided for hereunder and, to the extent
380	necessary, ad valorem taxes levied as hereinafter provided, for
381	the purpose of paying the cost of purchasing or otherwise
382	acquiring, constructing, reconstructing, improving, extending,
383	enlarging, or equipping its water supply and distribution
384	system, provided, however, that any such bonds shall have been
385	approved by the majority of the votes cast in an election in
386	which a majority of the freeholders who are qualified electors
387	residing in the District shall have participated. Any such
388	election shall beheld and the result thereof determined and
389	declared in the manner provided by the election code of 1951 and
390	chapter 189, Florida Statutes, or as such may be amended from
391	time to time.
392	(2) The bonds of each issue authorized pursuant to this
393	act shall be dated, shall mature at such time not exceeding 50
394	years after their date or dates, and shall bear interest at such
395	rate or rates not exceeding 5 1/2 percent per annum. Such bonds
396	may be made redeemable before maturity at the option of the
397	District upon such terms and conditions as the District may fix
398	prior to their issuance. The District shall determine the form
399	of the bonds, including interest coupons to be attached thereto,
400	and the manner of execution thereof and shall fix the
401	denomination of the bonds and the place of payment of principal
402	and interest. This payment place may be at any bank or trust
403	company within or without the state. All bonds issued under the
404	provisions of this act shall be general obligations of the
405	District and shall have and are hereby declared to have all of
406	the qualities and incidents of negotiable instruments under the
407	negotiable instruments law of Florida. The District may sell
408	such bonds in such manner, at such time or times, and for such
409	price as it may determine to be in the best interests of the
410	District and, in the resolution providing for the issuance of
411	such bonds, provisions may be made for the custody and
412	application of the proceeds therefrom as may be deemed necessary
413	or advantageous for safeguarding such proceeds.
414	Section 6. Revenue bonds.--
415	(1) The District is hereby authorized to provide by
416	resolution at one time, or from time to time, for the issuance
417	of District revenue bonds for the purpose of paying all or a
418	part of the cost of acquisition, construction, equipping,
419	repairing, extending, maintaining, and reconstructing a water
420	supply and distribution system. The revenue bonds of each issue
421	shall be dated, shall bear interest at such rate or rates not
422	exceeding 6 percent per annum, shall mature at such time or
423	times, not exceeding 40 years after their date or dates, as may
424	be determined by the District, and may be made redeemable before
425	maturity, at the option of the District, at such price or prices
426	and under such terms and conditions as may be fixed by the
427	District prior to the issuance of the revenue bonds. The
428	District shall determine the form of the revenue bonds,
429	including any interest coupons to be attached thereto, and the
430	manner of execution of the revenue bonds and coupons, and shall
431	fix the denomination or denominations of the revenue bonds and
432	the place or places of payment of principal and interest, which
433	may be at any bank or trust company within or without the state.
434	In case any officer whose signature or a facsimile of whose
435	signature shall appear on any revenue bonds or coupons shall
436	cease to be such officer before the delivery of such revenue
437	bonds, such signature or such facsimile shall nevertheless be
438	valid and sufficient for all purposes the same as if that
439	officer had remained in office until such delivery. All revenue
440	bonds issued under the provisions of this section shall have and
441	are hereby declared to have all the qualities and incidents of
442	negotiable instruments under the negotiable instruments laws of
443	Florida. The revenue bonds may be issued in coupon or
444	registered form, or both, as the District may determine, and
445	provisions may be made for the registration of any coupon bonds
446	as to principal alone and also as to both principal and interest
447	and for the reconversion into coupon bonds of any bonds
448	registered as to both principal and interest. The issuance of
449	such revenue bonds shall not be subject to any limitations or
450	conditions contained in any other law, and the District may sell
451	such revenue bonds in such manner and for such price as it may
452	determine to be in the best interest of the District, but no
453	such sale shall be made at a net interest cost to the District
454	in excess of 6 percent per annum, excluding, however, from such
455	computations the amount of any premium to be paid on redemption
456	of any revenue bonds prior to maturity. Prior to the
457	preparation of definitive bonds, the District may, under like
458	restrictions, issue interim receipts or temporary bonds with or
459	without coupons, exchangeable for definitive bonds when such
460	revenue bonds have been executed and are available for delivery.
461	The District may also provide for the replacement of any bonds
462	that are be mutilated, destroyed, or lost.
463	(2) Such revenue bonds may be payable from the revenues
464	derived from the operation of the system or of any combination
465	thereof and from any other funds legally available therefor,
466	including the proceeds from any special assessments levied by
467	the District. The revenue bonds shall be entitled to such
468	priorities on such revenues as the District shall provide. The
469	issuance of such revenue bonds shall not directly, indirectly,
470	or contingently obligate the District to levy ad valorem taxes
471	for their payment and the District shall not convey or mortgage
472	such facilities or any part thereof as security for payment of
473	the revenue bonds.
474	(3) At the discretion of the District, each or any issue
475	of such revenue bonds may be secured by a trust agreement by and
476	between the District and a corporate trustee, which may be any
477	trust company or bank having the powers of a trust company
478	within or outside of the state. Such trust agreement may pledge
479	or assign the revenues to be received by the District. The
480	resolution providing for the issuance of revenue bonds or such
481	trust agreement may contain such provisions for protecting and
482	enforcing the rights and remedies of the bondholders as may be
483	reasonable, proper, and not in violation of law, including
484	covenants setting forth District duties in relation to the
485	acquisition, construction, improvement, maintenance, operation,
486	repair, and insurance of the system and the custody,
487	safeguarding, and application of all moneys. It shall be lawful
488	for any bank or trust company incorporated under the laws of
489	Florida to act as such depository and to furnish such
490	indemnifying bonds or to pledge such securities as may be
491	required by the District. Such resolution or such trust
492	agreement may restrict the individual rights of action by
493	bondholders as is customary in trust agreements securing bonds
494	or debentures of corporations. In addition to the foregoing,
495	such resolution or such trust agreement may contain such other
496	provisions as the District may deem reasonable and proper for
497	the security of the bondholders. Except as otherwise provided
498	in this section, the District may provide, by resolution or by
499	trust agreement, for the payment of the bond proceeds or
500	revenues to such officer, board, or depository as determined by
501	the District. The District may also provide the method of
502	disbursement thereof, with such safeguards and restrictions as
503	it may determine. All expenses incurred in carrying out such
504	trust agreement may be treated as part of the cost of operation
505	of the system affected by such trust agreement.
506	(4) A resolution or trust agreement providing for the
507	issuance of the revenue bonds may also contain such limitations
508	upon the issuance of additional revenue bonds as the District
509	may deem proper, and such additional revenue bonds shall be
510	issued under such restrictions or limitations as may be
511	prescribed by such resolution or trust agreement.
512	(5) Revenue bonds may be issued under the provisions of
513	this act without obtaining the consent of any commission, board,
514	bureau, or agency of the state or county and without any other
515	proceeding or the happening of any condition or thing other than
516	those proceedings, conditions, or things which are specifically
517	required by act.
518	(6) The proceeds of the revenue bonds shall be used solely
519	for the payment of the cost of the project for which such
520	revenue bonds were issued and shall be disbursed in the manner
521	provided in the resolution or in the trust agreement authorizing
522	the bond issuance. If the proceeds of the revenue bonds of any
523	issue shall exceed the amount required for the purpose for which
524	the same shall have been issued, the surplus shall be set aside
525	and used only for paying the principal of and interest on such
526	bonds.
527	(7) Any holder of revenue bonds issued under this act or
528	any of the coupons appertaining thereto and the trustee under
529	any trust agreement, except to the extent that the rights herein
530	given may be restricted by such trust agreement, may, either at
531	law or in equity, by suit, action, mandamus, or other
532	proceedings, protect and enforce any and all rights under the
533	laws of Florida or granted hereunder or under such trust
534	agreement or the resolution authorizing the issuance of such
535	bonds and may enforce and compel the performance of all duties
536	required by this section or by such trust agreement or
537	resolution to be performed by the District or by any officer
538	thereof.
539	Section 7. Refunding bonds.--The District is hereby
540	authorized to provide by resolution for the issuance of
541	refunding revenue bonds for the purpose of refunding any revenue
542	bonds then outstanding and issued under the provisions of this
543	act. The District is further authorized to provide by
544	resolution for the issuance of bonds for the combined purpose of
545	paying the cost of any acquisition, construction, repair,
546	extensions, additions, equipping, and reconstruction of any
547	system facilities and refunding revenue bonds of the District
548	which were previously issued under the provisions of this act
549	and which remain outstanding. The issuance of such obligations,
550	the maturities and other details thereof, the rights and
551	remedies of the holders thereof, and the rights, powers,
552	privileges, duties, and obligations of the District with respect
553	to the same shall be governed by the foregoing provisions of
554	this act.
555	Section 8. Levy of ad valorem taxes, payment of
556	bonds.--The District is hereby authorized and required to levy
557	annually a tax upon all taxable property within the District
558	sufficient to pay the principal of and interest on all bonds
559	issued under this act as the same shall respectively become due
560	and payable and to create a sinking fund to pay the principal
561	thereof at or before maturity; however, any yearly revenues
562	received in excess of the amount required to pay the current
563	expenses of administration, operation, maintenance, renewals,
564	and replacements of said water supply and distribution system
565	shall be applied to pay such interest and principal and only
566	such portion or amount of the annual tax as would otherwise be
567	required shall be actually so levied and collected. A certified
568	copy of the resolution or resolutions making provisions for the
569	levy of taxes as aforesaid shall be filed with both the Board of
570	County Commissioners of Citrus County and the State Comptroller.
571	Section 9. Authority to levy and collect tax on real and
572	personal property for administrative costs, expenditure
573	generally.--As provided in this act, the District is hereby
574	authorized each year to levy and collect an annual tax on all
575	taxable real and personal property in the District at a rate not
576	exceeding 3 mills per annum, the proceeds of which shall be used
577	and applied to the payment of the cost of administration of the
578	District or may be expended for preliminary expenses in
579	connection with the acquisition of such water supply and
580	distribution system and placing the same in operation and may
581	further be expended for the maintenance, improvement,
582	enhancement, repair, extension, enlargement, reconstruction,
583	ownership, operation, management, and control of said water
584	supply and distribution system.
585	Section 10. Construction contracts.--All work done by the
586	District in the construction, reconstruction, repair,
587	maintenance, improvement, or enlargement of such water supply
588	and distribution system involving the expenditure of more than
589	$5,000 shall be done by contract entered into following
590	advertisement for bids received on a stated date pursuant to
591	notice for sealed bids published at least once each week for 2
592	consecutive weeks in a newspaper or journal of general
593	circulation among contractors in the State of Florida, and all
594	such contracts shall be secured by performance bonds in an
595	amount not less than 80 percent of the contract price, furnished
596	by a surety company or companies authorized to do business in
597	the State of Florida.
598	Section 11. Special assessments for construction,
599	reconstruction, repair, or maintenance of improvements.--
600	(1) The District may provide for the construction,
601	reconstruction, repair, and/or maintenance of improvements to
602	the system of a local nature and of special benefit to the
603	properties served thereby. Such special assessments shall be
604	levied upon the property to be benefited by such improvements at
605	a rate of assessment based on the special benefit accruing to
606	such property.
607	(2) Special assessments against property deemed to be
608	benefited by improvements as provided for herein shall be
609	assessed upon the property specially benefited by the
610	improvement and proportioned by the benefits to be derived
611	therefrom, said special benefits to be determined and prorated
612	according to the front footage of the respective property
613	specially benefited by said improvement or by such other method
614	as the board may prescribe.
615	(3) When the District may determine to make any
616	improvement authorized herein, and to defray the whole or any
617	part of the expense thereof by special assessments, the District
618	shall so declare by resolution, stating the nature of the
619	proposed improvement, designating the areas to be so improved,
620	the location of the improvements, and the part or portion of the
621	expense thereof to be paid by special assessments, the manner in
622	which said assessments shall be made, when said assessments are
623	to be paid, what part, if any, shall be apportioned to be paid
624	from other funds designated by the District; and said resolution
625	shall designate the lands upon which the special assessment
626	shall be levied and in describing said lands, it shall be
627	sufficient to describe them as “all lots and lands adjoining and
628	contiguous to or bounding and abutting upon such improvements or
629	specially benefited thereby and further designated by the
630	assessment plan hereinafter provided for.” Such resolution
631	shall also state the total estimated cost of the improvement.
632	Such estimated cost may include the cost of construction or
633	reconstruction, repair, and maintenance, the cost of all labor
634	and materials, the cost of all lands, property, rights,
635	easements, and franchises acquired, financing charges, interest
636	prior to and during construction and for 1 year after completion
637	of construction, cost of plans and specifications, surveys of
638	estimates of costs and of revenues, cost of engineering and
639	legal services, and all other expenses necessary or incident to
640	determining the feasibility or practicability of such
641	construction or reconstruction, repair, and maintenance,
642	administrative expense, and such other expense as may be
643	necessary or incident to the financing herein authorized.
644	(4) Upon adoption of the resolution provided for herein,
645	the District shall cause the resolution to be published once a
646	week for 2 consecutive weeks in a newspaper of general
647	circulation published in Citrus County.
648	(5) Upon adoption of the resolution, the District shall
649	cause to be made a preliminary assessment roll in accordance
650	with the method of assessment provided for in the resolution.
651	The assessment roll shall be completed as promptly as possible
652	and shall show the lots and lands assessed and the amount of the
653	benefit to and the assessment against each lot or parcel of land
654	and, if said assessment is to be paid in installments, the
655	number of annual installments in which the assessment is
656	divided.
657	(6) Upon completion of the preliminary assessment roll,
658	the District shall by resolution fix a time and place at which
659	the owners of the property to be assessed, or any other persons
660	interested therein, may appear before the District and be heard
661	as to the propriety and advisability of making such
662	improvements, as to the costs thereof, as to the manner of
663	payment therefor, and as to the amount thereof to be assessed
664	against each property so improved. A written notice of such
665	public hearing shall be given to such property owners 10 days
666	prior to such hearing identifying the date, time, and place of
667	such hearing. The notice shall include the amount of the
668	assessment and shall be served by mail to each such property
669	owner at the owner’s last known address. The District shall
670	ascertain the names and addresses of such property owners from
671	the Property Appraiser or from such other source as the District
672	deems reliable, proof of such mailing to be made by a District
673	affidavit, and such proof shall be filed with the Secretary-
674	Treasurer of the board, provided that failure to mail said
675	notice or notices shall not invalidate any of the proceedings
676	hereunder. The District shall also provide notice of the time
677	and place of such hearing by publications placed in a newspaper
678	of general circulation in Citrus County at least two times, at
679	least 1 week apart, provided that the last publication shall be
680	at least 1 week prior to the date of the hearing. The notice
681	shall describe the areas to be improved and shall advise all
682	persons interested that the description of each property to be
683	assessed and the amount to be assessed to each piece or parcel
684	of property may be ascertained at the District offices and are
685	open to public inspection. Such service of publication shall be
686	verified by proof of publication and filed with the Secretary-
687	Treasurer of the District.
688	(7) At the time and place named in the notice provided for
689	above, the Board of Commissioners shall meet and hear testimony
690	from affected property owners as to the propriety and
691	advisability of making the improvements and funding them with
692	special assessments on property. Following the testimony, the
693	board shall make a final decision on whether to levy the special
694	assessments. Thereafter, the board shall meet as an equalizing
695	board to hear and consider any and all complaints as to the
696	special assessments and shall adjust and equalize the
697	assessments based on equity and fairness. When so equalized and
698	approved by resolution of the board, a final assessment roll
699	shall be filed with the office of the Clerk of the Circuit Court
700	of Citrus County, and such assessment shall stand confirmed and
701	remain legal, valid, and binding first liens upon the property
702	against which such assessments are made until paid. However,
703	upon completion of the improvement, the District shall credit to
704	each of the assessments the difference in the assessment as
705	originally made, approved, and confirmed and the proportionate
706	part of the actual cost of the improvement to be paid by special
707	assessments as finally determined upon the completion of the
708	improvement, but in no event shall the final assessments exceed
709	the amount of benefits originally assessed. Promptly after such
710	confirmation, the assessment shall be recorded by the Clerk of
711	the Circuit Court in Citrus County. From the date of such
712	recording, the assessments shall constitute liens upon the
713	properties assessed, coequal with the lien of general county and
714	district taxes, including ad valorem taxes, and shall be
715	superior in rank and priority to all of the liens, titles, and
716	claims. The assessment shall be collectible and shall be
717	entitled to sale and forfeiture in the same manner and with the
718	same attorney’s fee, interest, and penalties for default in
719	payments as general county taxes. Collection may also be
720	effected by foreclosure in a court of equity, according to the
721	laws then existing for the foreclosure of mortgages, and it
722	shall be lawful to join in any such bill or complaint for
723	foreclosure on any one or more lots or parcels of land, by
724	whomsoever owned, if assessed for the same improvement made
725	under the provisions of this section. Failure to pay any
726	installment of principal or interest of any assessment when due
727	shall, without notice of other proceedings, cause all
728	installments of principal remaining unpaid to be forthwith due
729	and payable with interest due thereon at date of default.
730	(8) Citrus County, the District, and each school district,
731	municipality, or other political subdivision owning property
732	abutting upon the improvement for which special assessments are
733	made shall possess the same power and be subject to the same
734	duties and liabilities with respect to the assessments under
735	this section affecting the real estate of such county, district,
736	municipality, or political subdivision which private owners of
737	real estate possess or are subject to hereunder. Such real
738	estate shall be subject to the liens of assessments in all cases
739	to the same extent as if it had, at the time the lien attached,
740	been owned by a private owner.
741	(9) All such assessment liens shall be due and payable at
742	the office of the Tax Collector of Citrus County 30 days after
743	the date of the recording of the assessment roll. All
744	assessment liens not paid within said period shall become
745	payable in not more than 10 equal annual installments, the
746	number to be determined by the District at the time of the
747	confirmation and approval of the assessment roll with interest
748	at not more than 10 percent per annum from the date due; but any
749	assessment lien becoming so payable in installments may be paid
750	in full at any time, together with interest accrued thereon to
751	the last day of the calendar quarter in which such payment is
752	made.
753	(10) After the equalization, approval, and confirmation of
754	the special assessments levied for the proposed improvements,
755	the District may utilize any method allowable by law for the
756	funding of the special assessments. These methods may include
757	third-party financing with any reputable lender, the issuance of
758	special assessment bonds of the District for the payment of such
759	portion of the cost assessed against the properties specifically
760	benefited thereby and for the reimbursement of any fund of the
761	District from which any part of such cost has previously been
762	paid. The amount of such bonds authorized to be issued
763	hereunder shall not exceed in the aggregate the total amount of
764	the assessment liens pledged for their payment and shall mature
765	at such time or times not later than 6 months after the last
766	installment of the special assessment liens pledged to the
767	payment thereof, as may be determined by the District.
768	(11) The bonds issued under this section shall be payable
769	solely from the special assessments, the installments thereof,
770	and interest and penalties thereof which have been pledged to
771	their payment and shall not be deemed to constitute a general
772	obligation of the District for the payment of which the full
773	faith, credit, and taxing powers thereof are pledged. The
774	issuance of such bonds shall not directly, indirectly, or
775	contingently obligate the District to levy or pledge any form of
776	ad valorem taxation.
777	(12) All collections of assessments contained in any one
778	assessment roll and the interest and penalties thereon shall be
779	deposited in a separate fund properly designated, and such fund
780	shall be pledged to, and used solely for, the payment of the
781	cost of the improvements or for the payment of the principal of
782	and interest on any revenue bonds or special assessment bonds
783	issued under this section for the construction of the
784	improvements for which said assessments were made until all of
785	said bonds and the interest thereon shall have been fully paid.
786	If bonds are issued for more than one improvement, all
787	assessments collected for all such improvements may by District
788	resolution be placed in one fund, which shall be maintained,
789	pledged, and applied for the payment of the principal of and
790	interest on said bonds.
791	(13) If any special assessment made under the provisions
792	of this act shall be either in whole or in part annulled,
793	vacated, or set aside by the judgment of any court, or if the
794	District shall be satisfied that any such assessment is so
795	irregular or defective that the same cannot be enforced or
796	collected, or if the District shall have omitted to make such
797	assessment when it might have done so, the District shall take
798	necessary steps to cause a new assessment to be made for the
799	whole or any part of any improvement or against any property
800	benefited by any improvement, following the provisions of this
801	act. In the event such second assessment shall be annulled, the
802	board may obtain and make additional assessments until a valid
803	assessment shall be levied.
804	(14) All assessments and charges made pursuant to this act
805	may be pledged to the payment of the principal of and interest
806	on any revenue bonds or special assessment bonds issued by the
807	District.
808	(15) The District may make allowances and grant credit to
809	property owners for improvements previously made by such
810	property owners to the extent the District determines such
811	existing improvements to be of value and utility as a part of
812	the improvements for which such assessment is made and may
813	prescribe a plan for fixing and determining such allowances and
814	credits.
815	(16) In fixing and enforcing the assessments provided for
816	herein, where any land has been surveyed, subdivided, or platted
817	into small tracts designated as lots or blocks or otherwise, and
818	the owner of the surveyed, subdivided, or platted land
819	recognizes such survey, subdivision, or plat, the land embraced
820	in such may be described by reference to such whether or not any
821	plat thereof has been recorded.
822	(17) If the owner or owners of any lot or parcel of land
823	assessed under the provisions of this section and all those
824	having any interest therein by way of mortgage or other lien or
825	leasehold rights or otherwise shall in writing request that such
826	assessment be divided so that a part of the same shall be the
827	assessment on and constitute a lien on one portion of such lot
828	or parcel and the remainder shall be the assessment on and
829	constitute a lien or liens against the remainder of such parcel
830	or separate parts thereof, the District, in its discretion,
831	shall have the power to divide such assessment in accordance
832	with such request, and thereafter the separate parts of such
833	assessment shall be the assessments and constitute separate
834	liens upon the parts of the lot or parcel, respectively, into
835	which the same shall have been so divided. Any resolution making
836	such division shall recite a finding of the District that such
837	division is equitable and is based upon the benefits accruing to
838	each portion as divided.
839	(18) No irregularity or illegality in connection with any
840	of the proceedings herein authorized shall affect the validity
841	of such proceedings, the special assessments levied thereunder,
842	or any bonds or contracts issued or executed pursuant thereto
843	unless such irregularity or illegality shall substantially
844	affect the rights of the District, its inhabitants, or the
845	owners of the properties assessed for such improvements.
846	(19) A copy of any assessment roll, certified as correct
847	by the Tax Collector of Citrus County, shall be admitted as
848	evidence and shall be prima facie proof of the amount of the
849	assessment and the property upon which said assessment is
850	levied.
851	(20) When any part of an improvement to be made hereunder
852	lies in part within the limits of an incorporated city or town,
853	the board shall nevertheless be authorized to make such
854	improvement with respect to the part lying within such city or
855	town and to provide for assessing the cost thereof as herein
856	provided if the governing body of such city or town shall by
857	resolution or ordinance consent to the adoption and confirmation
858	of the resolution passed or to be passed by the board offering
859	the improvement.
860	Section 12. Exemption from taxation and
861	assessments.--Pursuant to sections 189.403 and 196.199, Florida
862	Statutes, as the same may be amended from time to time, the
863	District shall not be required to pay any taxes or assessments
864	upon its assets or properties or upon the income therefrom.
865	Section 4. This act shall be construed as remedial and
866	shall be liberally construed to promote the purpose for which it
867	is intended.
868	Section 5. In the event any section or provision of this
869	act is determined to be invalid or unenforceable, such
870	determination shall not affect the validity or enforceability of
871	each other section and provision of this act.
872	Section 6. In the event of a conflict of the provisions of
873	this act with the provisions of any other act, the provisions of
874	this act shall control to the extent of such conflict.
875	Section 7. Chapters 24429 (1947), 25726 (1949), 59-1177, 63-
876	1222, 70-630, 73-431, 76-346, 76-347, 77-528, 79-440, 80-475, 80-
877	476, 81-360, 82-279, 83-386, 84-410, 85-399, 86-456, 88-463, 88-
878	484, 88-533, 89-436, 89-464, 89-499, 90-418, 90-419, 92-241, 92-
879	337, and 96-525, Laws of Florida, are repealed.
880	Section 8. This act shall take effect upon becoming a law.