HB 1381

1	A bill to be entitled
2	An act relating to the Englewood Water District, Charlotte
3	and Sarasota Counties; codifying, amending, reenacting,
4	and repealing the district's special acts; establishing
5	boundaries; providing definitions; providing for election
6	of a board of supervisors to govern said district;
7	providing powers, authority, and duties of the board;
8	granting to said governing board the authority in the
9	territory defined to construct, acquire, extend, enlarge,
10	reconstruct, improve, maintain, equip, repair, and operate
11	a water system, wastewater system, or wastewater reuse
12	system, or any combination thereof; authorizing the levy
13	and collection of non-ad valorem assessments on property
14	benefited by the construction of such water system,
15	wastewater system, or wastewater reuse system, or combined
16	systems; providing for optional methods of financing the
17	cost of the water system, wastewater system, or wastewater
18	reuse system or combined systems or extensions and
19	additions thereto by the issuance of revenue bonds or
20	assessment bonds or any combination thereof and the fixing
21	and collection thereof and the fixing and collection of
22	rates and charges on users of such systems; providing for
23	the levy and collection of non-ad valorem assessments on
24	benefited property and the pledge of such assessments for
25	the payment of any revenue bonds, or assessment bonds;
26	providing for the rights, remedies, and security of any of
27	the holders of said bonds; providing penalties; repealing
28	chapter 96-499, Laws of Florida, relating to the Englewood
29	Water District; providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  In accordance with section 189.429, Florida
34	Statutes, this act constitutes the codification of all special
35	acts relating to the Englewood Water District. It is the intent
36	of the Legislature in enacting this law to provide a single,
37	comprehensive special act charter for the district, including
38	all current legislative authority granted to the district by its
39	several legislative enactments and any additional authority
40	granted by this act.
41	Section 2.  Chapter 96-499, Laws of Florida, relating to
42	the Englewood Water District, is codified, reenacted, amended,
43	and repealed as herein provided.
44	Section 3.  The Englewood Water District is re-created and
45	the charter is re-created and reenacted to read:
46	Section 1.  (1)  There is hereby created the Englewood
47	Water District for the areas of Charlotte and Sarasota Counties,
48	described as follows:
49
50	Sections 8, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23,
51	24, 25, 26, 27, 35, and 36, that part of sections 4
52	and 5, lying and being west of the west boundary of
53	Lemon Bay, township 40 south; range 19 east; and
54	sections 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32
55	and 33, township 40 south, range 20 east, all being in
56	Sarasota County, State of Florida.
57
58	Sections 1, 2, 12 and 13, Township 41 South, Range 19
59	East; Sections 4, 5, 6, 7, 8, 9, 16, 17, and 18, that
60	part of Section 21 lying and being north of the north
61	bank of Buck Creek, and that portion of Section 20
62	lying and being east of the east boundary of Lemon
63	Bay, Township 41 South, Range 20 East, all lying and
64	being in Charlotte County, State of Florida.
65
66	That portion of Section 3, Township 40 South, Range 19
67	East lying west of S.R. 776 (Englewood Road), and
68	those portions of Sections 4 and 5, Township 40 South,
69	Range 19 East, lying and being east of the west
70	boundary of Lemon Bay, all being south of the
71	east-west line prescribed by Colonial Road, all being
72	west line prescribed by Colonial Road, all being in
73	Sarasota County, Florida.
74	(2)  The Englewood Water District, an independent special
75	district, is hereby declared to be a body corporate and politic
76	under the corporate name and style of "Englewood Water District"
77	with power to contract, to sue and be sued in its corporate
78	name, and with the other powers and duties hereinafter set
79	forth, as well as all other powers and exemptions given by
80	general law.
81	Section 2.  As used in this act, unless the context
82	otherwise requires:
83	(1)  "District" means the Englewood Water District created
84	by this act.
85	(2)  "Water system" means and includes any plants, systems,
86	facilities, or property and additions, extensions, and
87	improvements thereto at any future time constructed or acquired
88	as a part thereof, useful or necessary or having the present
89	capacity for future use in connection with the development of
90	sources, treatment for purification, and distribution of water
91	for domestic, commercial, or industrial use and without limiting
92	the generality of the foregoing shall include dams, reservoirs,
93	storage tanks, mains, lines, valves, pumping stations, laterals,
94	and pipes for the purpose of carrying water to the premises
95	connected with such system and shall include all real and
96	personal property and any interest therein, rights, easements,
97	and franchises of any nature whatsoever relating to such system
98	and necessary or convenient for the operation thereof.
99	(3)  "Wastewater system" means and includes any plant,
100	system, facility, or property and additions, extensions, and
101	improvements thereto at any future time constructed or acquired
102	as a part thereof, useful or necessary or having the present
103	capacity for future use in connection with the collections,
104	treatment, purification, or disposal of wastewater or sewerage
105	of any nature or originating from any source, including
106	industrial wastes resulting from any processes of any industry,
107	manufacture, trade, or business or from the development of any
108	natural resources, and without limiting the generality of the
109	foregoing definition shall embrace treatment plants, pumping
110	stations, lift stations, valves, force mains, intercepting
111	sewers, laterals, pressure lines, mains, and all necessary
112	appurtenances and equipment, and all wastewater mains and
113	laterals for the reception and collection of wastewater or
114	sewerage on premises connected therewith, and shall include all
115	real and personal property and any interest therein, rights,
116	easements, and franchises of any nature whatsoever relating to
117	any such system and necessary or convenient for the operation
118	thereof.
119	(4)  "Wastewater reuse system" means and includes any
120	plant, system, facility, or property and additions, extensions,
121	and improvements thereto at any future time constructed or
122	acquired as a part thereof, useful or necessary or having the
123	present capacity for future use in connection with the
124	collection, treatment, purification, disposal, or distribution
125	of wastewater or stormwater originating from any source, for the
126	purpose of reuse and without limiting the generality of the
127	foregoing definition shall embrace treatment plants, dams,
128	reservoirs, storage tanks, pumping stations, lift stations,
129	valves, force mains, laterals, pressure lines, mains, and all
130	necessary appurtenances and equipment, and shall include all
131	real and personal property and any interest therein, rights,
132	easements, and franchises of any nature whatsoever relating to
133	any such system and necessary or convenient for the operation
134	thereof. Water which has received at least secondary treatment
135	and stormwater may be referred to as reclaimed wastewater and
136	may be reused for such beneficial purposes, including, but not
137	limited to, landscape or agricultural irrigation, aesthetic uses
138	such as ponds or fountains, groundwater recharge, industrial
139	uses, environmental enhancement, or fire protection.
140	(5)  "System" or "systems" means the water, wastewater, or
141	wastewater reuse systems authorized by this act, either
142	individually, in any combination, or any part thereof.
143	(6)  "Cost" means, as applied to the acquisition and
144	construction of a water system, wastewater reuse system, or a
145	wastewater system or extensions, additions, or improvements
146	thereto, the cost of construction or reconstruction,
147	acquisition, or purchase, the cost of all labor, materials,
148	machinery, and equipment, the cost of all lands and interest
149	therein, an office and administration building for the district,
150	property, rights, easements, and franchises of any nature
151	whatsoever, financing charges, interest prior to and during
152	construction and for 1 year after completion of construction or
153	acquisition of such water system, wastewater reuse system, or
154	wastewater system or extensions, additions, or improvements
155	thereto, bond discount, fees and expenses of financial advisors
156	or fiscal agents, cost of plans and specifications, surveys and
157	estimates of costs and revenues, cost of engineering and legal
158	services, and all other expenses necessary or incidental in
159	determining feasibility or practicality of such construction,
160	reconstruction, or acquisition, administrative expenses, and
161	such other expenses as may be necessary or incidental to the
162	construction or acquisition or improvement of such water system,
163	wastewater reuse system, or wastewater system authorized by this
164	act and the financing thereof, and the reimbursement of any
165	expenses incurred by the district in connection with any of the
166	foregoing items of cost.
167	(7)  "Revenue bonds" means bonds or other obligations
168	secured by and payable as to principal and interest from the
169	revenues derived from rates, fees, and charges collected by the
170	district from the users of the facilities of the water system,
171	wastewater reuse system, or wastewater system, or any
172	combination thereof, and which may or may not be additionally
173	secured by a pledge of the proceeds of non-ad valorem
174	assessments levied against property benefiting from assessable
175	improvements.
176	(8)  "Board" means the board of supervisors of the
177	district.
178	Section 3.  The district shall be governed and its affairs
179	administered by the board of supervisors consisting of five
180	members.
181	(1)(a)  By a majority vote, the Englewood Water District
182	Board of Supervisors shall adopt a preliminary resolution
183	dividing the district into five separate and distinct sections
184	of approximately equal populations, drawn along Charlotte County
185	and/or Sarasota County precinct lines, if feasible. These
186	divisions shall be known as the "Englewood Water District
187	Supervisor Election Districts" which shall be numbered 1 through
188	5.
189	(b)  After the initial adoption by the board of the
190	proposed Englewood Water District Supervisor Election Districts,
191	the district shall hold a public hearing at which all residents
192	of the district or other interested parties shall have an
193	opportunity to be heard concerning the proposed Englewood Water
194	District Supervisor Election Districts. Notice of such public
195	hearing setting forth the five proposed Englewood Water District
196	Supervisor Election Districts shall be given by one publication
197	in a newspaper published in Charlotte County, and in one
198	publication in a newspaper published in Sarasota County, and
199	such notice shall also be posted in five public places in the
200	district, at least 30 days prior to the date of such hearing,
201	which may be adjourned from time to time.
202	(c)  After such hearing, such preliminary resolution
203	dividing the district into five separate and distinct sections,
204	known as the Englewood Water District Supervisor Election
205	Districts, either as initially adopted or as modified or
206	amended, shall be finally adopted. A map of the Englewood Water
207	District Supervisor Election Districts shall be kept on file in
208	the office of the administrator of the district and shall be
209	open to public inspection during normal business hours.
210	(d)  The Englewood Water District Supervisor Election
211	Districts shall be revised every 10 years in the same manner as
212	they were originally established as hereinabove established. If
213	the boundaries of the district are modified, the election
214	districts shall be modified as necessary in the same manner
215	established above in adequate time for the new election
216	districts to be utilized during the next general election.
217	(2)(a)  On the first Tuesday after the first Monday in
218	November 2002, and every 4th year thereafter, two supervisors,
219	one residing in Englewood Water District Board of Supervisors
220	Election District 5 and one residing in Englewood Water District
221	Board of Supervisors Election District 4, shall be elected by
222	the qualified electors of the Englewood Water District for terms
223	of 4 years each.
224	(b)  On the first Tuesday after the first Monday in
225	November 2004, and every 4th year thereafter, three supervisors,
226	one residing in Englewood Water District Board of Supervisors
227	Election District 3, one residing in Englewood Water District
228	Board of Supervisors Election District 2, and one residing in
229	Englewood Water District Board of Supervisors Election District
230	1, shall be elected by the qualified electors of the Englewood
231	Water District for terms of 4 years each.
232	(c)  The results of such election shall be declared by
233	resolution adopted by the board. Each elected member of the
234	Board shall assume office 10 days following the member's
235	election. Each supervisor shall duly file his or her oath of
236	office and a bond in such amount as the board shall determine
237	for the faithful performance of his or her duties prior to
238	taking office and the cost thereof shall be paid by the
239	district.
240	(3)  In the event no person has been elected at the general
241	election to fill an office which was required to be filled at
242	such election, the members of the board shall, within 60 days
243	following the date of the election, by a majority vote of all
244	members then in office, appoint a person from the appropriate
245	Englewood Water District Supervisors Election District, to serve
246	for each office not otherwise filled by said election, to serve
247	until the next general election, at which election the qualified
248	electors of the district shall elect a supervisor to serve the
249	remaining unexpired term, if any, of such supervisors so
250	appointed.
251	(a)  In the event any supervisor shall resign, die, or be
252	removed from the district, or the office of such supervisor
253	shall for any reason become vacant, the remaining members of the
254	board may, by a majority vote of all members then in office,
255	appoint a successor to such supervisor, from the appropriate
256	Englewood Water District Supervisors Election District, to serve
257	until the next general election, at which election the qualified
258	electors of the district shall elect a supervisor to serve for
259	the remaining unexpired term, if any, of such supervisor whose
260	office became vacant as aforesaid.
261	(b)  A notice of the election shall be given at least once
262	at least 14 days prior thereto by one publication in a newspaper
263	published in Charlotte County, and in one publication in a
264	newspaper published in Sarasota County, and such notice shall
265	also be posted during the 14-day period in five public places in
266	the district.
267	(4)  All elections under this act shall be nonpartisan.
268	(5)(a)  Elections for the purpose of electing supervisors
269	to the board shall conform to the Florida Election code,
270	chapters 97-106, Florida Statutes, as pertains to independent
271	special districts as set forth in section 189.405, Florida
272	Statutes.
273	1.  The results of the election shall be jointly canvassed
274	by the county canvassing boards of the Counties of Charlotte and
275	Sarasota and the results of such joint canvass shall be reported
276	in accordance with general law.
277	2.  Supervisors shall be qualified electors with legal
278	residence in the appropriate Englewood Water District Board of
279	Supervisors Election District, who are freeholders. The office
280	of any supervisor who ceases to be a qualified elector with
281	legal residence in the appropriate election district and a
282	freeholder in the district during his or her term of office
283	shall become vacant.
284	(b)  The board shall be vested with all administrative
285	power and authority of the district and shall have and exercise
286	all powers conferred upon such district by the terms of this
287	act. Members of the board may each be paid a salary or
288	honorarium to be determined by at least a majority plus one vote
289	of the board, which salary or honorarium may not exceed $500 per
290	month for each member. Special notice of any meeting at which
291	the board will consider a salary change for a board member shall
292	be published at least once, at least 14 days prior to the
293	meeting, in a newspaper of general circulation in the county in
294	which the district is located. Separate compensation for the
295	board member serving as treasurer may be authorized by like vote
296	so long as total compensation for the board member does not
297	exceed $500 per month. Said board members shall also be
298	reimbursed for moneys expended in the performance of their
299	official duties consistent with the provisions of section
300	112.061, Florida Statutes.
301	(c)  The organization and conduct of the board's affairs
302	shall be as follows:
303	1.  The chair and vice chair shall be elected at an annual
304	meeting to be held in January of each year, and shall serve in
305	said capacities until the next annual meeting; said officers may
306	be removed at any time during their tenure, with or without
307	cause, by a majority vote of all members of said board. Upon the
308	expiration of the terms of office of any of said officers for
309	any reason whatsoever, the board shall elect new officers to
310	fill the positions thus vacated.
311	2.  The board shall hold such meetings as the business
312	affairs of the district may require, and all such meetings shall
313	be noticed and open to the public as provided by law. Such
314	meetings shall be held within the territorial limits of the
315	district or may be held outside the district in conjunction with
316	other boards, commissions, agencies, bodies, or persons for the
317	purpose of holding discussions or for the exchange of
318	information. However, no formal action may be taken by the
319	passage of any resolution, rule, or order at meetings held
320	outside the district other than that action which is required
321	for the ordinary conduct of such meetings.
322	3.  A majority of the board shall constitute a quorum at
323	any meeting thereof and all actions of the board shall be upon
324	an affirmative vote of the majority of board members present at
325	any such meeting, provided that no action of the board may pass
326	with less than three affirmative votes. However, any resolution
327	authorizing the issuance of bonds or other obligations, or the
328	levy on non-ad valorem assessments, or the fixing of rates and
329	charges for the services and facilities of the systems of the
330	district shall not be adopted except upon the affirmative vote
331	of a majority of all the members of the board then in office.
332	Actions of the board shall be evidenced by resolutions voted
333	upon and adopted by the board, which may be finally adopted at
334	the same meeting at which they are introduced and need not be
335	published or posted, except resolutions authorizing the issuance
336	of bonds or other obligations shall be advertised in accordance
337	with the provisions of this section and a public hearing shall
338	be held prior to the adoption of such resolutions. Resolutions
339	providing solely for the refunding of any already existing bonds
340	or other obligations need not be so advertised.
341	4.  Written minutes of each board meeting shall be kept and
342	there shall be recorded therein a report of all that transpired
343	at any such meeting. The minutes shall be signed by the vice
344	chair of the board and kept permanently in books provided for
345	that purpose.
346	5.  The board shall cause to be kept complete and accurate
347	books of accounting in standard bookkeeping and accounting
348	procedures. Annually, the board shall make a true and complete
349	accounting of all moneys received and expended by said board and
350	said accounting shall list the assets and liabilities of the
351	district. Said accounting shall be based upon an audit prepared
352	by a certified public accountant, and shall be in writing with
353	sufficient copies thereof made to furnish to any inhabitants of
354	the district requesting same.
355	6.  All contracts of the district shall be signed by the
356	chair of the board of supervisors, and the seal of the board
357	shall be affixed thereto, attested by the secretary to the board
358	who shall be official custodian of such seal. The board, by
359	resolution, may delegate authority to sign contracts to the
360	administrator of the district. Any bonds issued by the district
361	under the provisions of this act shall be signed in the same
362	manner as a contract. However, only one manual signature shall
363	be required on any bonds and the seal of the district may be
364	imprinted or reproduced thereon.
365	7.  Every board member and every officer of the district
366	shall be indemnified by the district against all expenses and
367	liabilities, including counsel fees, reasonably incurred by or
368	imposed upon the member or officer in connection with any
369	proceeding or any settlement of any proceeding to which he or
370	she may be a party or in which he or she may become involved by
371	reason of his or her being or having been a board member or
372	officer of the district, whether or not he or she is a board
373	member or officer at the time such expenses are incurred. In the
374	event of a settlement, the indemnification shall apply only when
375	the board approves such settlement and reimbursement as being
376	for the best interests of the district. The right of
377	indemnification authorized by this subparagraph shall be in
378	addition to and not exclusive of all other rights to which a
379	board member or officer may be entitled. This subparagraph shall
380	not apply to a board member or officer who is adjudged guilty of
381	willful misfeasance or malfeasance in the performance of his or
382	her duties.
383	8.  The board may, by the vote of a majority of all
384	members, elect a member to serve as chair or vice chair on an
385	interim basis during the absence of such officer. The interim
386	officer shall have all of the powers, duties, and authority of
387	such officer during his or her absence.
388	Section 4.  The district, by and through the board, is
389	hereby authorized and empowered:
390	(1)  To make rules and regulations for its own governance
391	and proceedings and to adopt an official seal for the district.
392	(2)  To employ such consulting and other engineers,
393	technicians, construction and accounting experts, financial
394	advisors or fiscal agents, attorneys, and such other agents and
395	employees as the board may require or deem necessary to
396	effectuate the purposes of this act and to take such steps as
397	are necessary to be taken to provide coverage by the old age and
398	survivors insurance system embodied in the federal Social
399	Security Act to employees of the Englewood Water District on as
400	broad a basis as permitted under the federal Social Security Act
401	and the laws of Florida and may provide a pension or retirement
402	plan for its employees. Notwithstanding the prohibition against
403	extra compensation set forth in section 215.425, Florida
404	Statutes, the board may provide for an extra compensation
405	program, including a lump-sum bonus payment program, to reward
406	outstanding employees whose performance exceeds standards, if
407	the program provides that a bonus payment may not be included in
408	an employee's regular base rate of pay and may not be carried
409	forward in subsequent years.
410	(3)  To construct, install, erect, acquire and operate,
411	maintain, improve, extend, or enlarge and reconstruct a water
412	system, wastewater system, or wastewater reuse system or any
413	combination thereof within or without said district for the
414	furnishing of water service, wastewater service, or wastewater
415	reuse service or any combination of such services to the
416	inhabitants of the district, and to have the exclusive control
417	and jurisdiction thereof, and to issue its revenue bonds,
418	assessment bonds, or other obligations, or any combination
419	thereof to pay all or part of the cost of such construction,
420	reconstruction, erection, acquisition, or installation of such
421	systems. The purchase or sale of a water, wastewater, or
422	wastewater reuse system shall be accomplished in accordance with
423	section 189.423, Florida Statutes.
424	(4)  To regulate the disposal of wastewater, reuse of
425	wastewater, and supply of water within the district and to
426	prohibit the use and maintenance of outhouses, privies, septic
427	tanks, or other unsanitary structures or appliances, in
428	accordance with the general laws of the state.
429	(5)  To fix and collect rates, fees, capital contributions,
430	and other charges for the use of the facilities and services
431	provided by any system, and to fix and collect charges for
432	making connections and reconnections with any such system, and
433	to provide for reasonable charges and penalties to any users of
434	property for any such rates, fees, or charges that are
435	delinquent.
436	(6)  To acquire in the name of the district by purchase,
437	gift, or the exercise of eminent domain pursuant to chapter 73
438	or chapter 74, Florida Statutes, such lands and rights and
439	interest therein, both within and without the district,
440	including land under water and riparian rights and to acquire
441	such personal property as may be deemed necessary in connection
442	with the construction, reconstruction, improvement, extensions,
443	installation, erection, or operation and maintenance of any
444	system, and to hold and dispose of all real and personal
445	property under its control.
446	(7)  To receive grants, either separately or in conjunction
447	with any municipality, governmental agency, or governmental
448	entity, either in the nature of public works or public
449	improvement grants or loans from any governmental agency,
450	department, bureau, or individual for the purpose of installing,
451	constructing, erecting, acquiring, operating, or maintaining a
452	system or other things necessary or incidental thereto.
453	(8)  To exercise exclusive jurisdiction, control, and
454	supervision over any system owned, operated, and maintained by
455	the district and to make and enforce such rules and regulations
456	for the maintenance and operation of any system as may be, in
457	the judgment of the board, necessary or desirable for the
458	efficient operation of any such systems or improvements in
459	accomplishing the purposes of this act.
460	(9)  To restrain, enjoin, or otherwise prevent the
461	violation of this act or of any resolution, rule, or regulation
462	adopted pursuant to the powers granted by this act.
463	(10)  To join with any other district or districts, cities,
464	towns, counties, or other political subdivisions, public
465	agencies, or authorities in the exercise of common powers
466	consistent with section 163.01, Florida Statutes.
467	(11)  To contract with municipalities or other private or
468	public corporations or persons to provide or receive a water
469	supply or for wastewater disposal, collection, or treatment, or
470	for wastewater reuse.
471	(12)  To prescribe methods of pretreatment of industrial
472	wastes not amenable to treatment with domestic wastewater before
473	accepting those wastes for treatment and to refuse to accept
474	such industrial wastes when not sufficiently pretreated as may
475	be prescribed, and by proper resolution to prescribe penalties
476	for the refusal of any person or corporation to so pretreat such
477	industrial wastes.
478	(13)  To require and enforce the use of its facilities
479	whenever and wherever they are accessible in accordance with
480	applicable general law and applicable local government
481	comprehensive plans.
482	(14)  To sell or otherwise dispose of the effluent, sludge,
483	reclaimed wastewater, or other byproducts as a result of
484	wastewater treatment and reclamation.
485	(15)  To accomplish construction by holding hearings,
486	advertising for construction bids, and letting contracts for all
487	or any part or parts of the construction of any system in
488	accordance with the provisions of section 15.
489	(16)  To cause surveys, plans, specifications, and
490	estimates to be made from time to time for any system.
491	(17)  To enter on any lands, water, or premises, public or
492	private, located within or without the district or either of the
493	Counties of Charlotte or Sarasota to make surveys, borings,
494	soundings, or examinations for the purposes of this act.
495	(18)  To construct and operate connecting, intercepting, or
496	outlet wastewater or reclaimed wastewater mains and pipes and
497	water mains, conduits or pipelines in, along, or under any
498	streets, alleys, highways, or other public places or ways within
499	the state or any municipality or political subdivision.
500	(19)  Subject to such provisions and restrictions as may be
501	set forth in the resolution authorizing or securing any bonds or
502	other obligations issued under the provisions of this act, to
503	enter into contracts with the Government of the United States or
504	any agency or instrumentality thereof, or with any other county,
505	municipality, district, authority or political subdivision,
506	private corporation, partnership, association, or individual
507	providing for or relating to the treatment, collection, and
508	disposal of wastewater or the treatment, supply, and
509	distribution of water or reclaimed wastewater and any other
510	matters relevant thereto or otherwise necessary to effect the
511	purposes of this act and to receive and accept from any federal
512	agency grants for or in aid of the planning, construction,
513	reconstruction, or financing of any system and to receive and
514	accept aid or contributions from any other source of either
515	money, property, labor, or other things of value to be held,
516	used, and applied only for the purpose for which such grants and
517	contributions may be made.
518	(20)  To acquire, purchase, or buy real estate within or
519	without the district to be used in the development,
520	installation, construction, improvement, maintenance, operation,
521	or servicing of any system of the district, by installment
522	contract, agreement for deed, or note and mortgage, provided
523	that said contract, agreement for deed, or mortgage does not
524	constitute a lien or encumbrance upon any real property other
525	than that being purchased thereby.
526	(21)  To sell or otherwise dispose of effluent, sludge, or
527	other byproducts produced by any system.
528	(22)  To require the owner, tenant, or occupant of each lot
529	or parcel of land within the district who is obligated to pay
530	the rates, fees, or charges for the services furnished by any
531	facility owned or operated by the district under the provisions
532	of this act to make a reasonable deposit with the district in
533	advance to ensure the payment of such rates, fees, or charges.
534	If such rates, fees, or charges become delinquent, the district
535	may apply the deposit to the payment or partial payment thereof,
536	including accrued interest, shutoff charges, and penalties, if
537	any.
538	(23)  To invest and reinvest the surplus public funds of
539	the district consistent with the requirements of section 218.415
540	Florida Statutes, and other applicable state or federal law.
541	Section 5.  (1)  The board for and on behalf of the
542	district is authorized to provide from time to time for the
543	issuance of revenue bonds to finance or refinance all or part of
544	the costs of additions, extensions, and improvements to, or the
545	acquisition of, any system. The principal of and interest on any
546	such revenue bonds shall be payable from the rates, fees,
547	charges, or other revenues derived from the operation of any
548	such system or systems in the manner provided in this act and
549	the resolution authorizing such bonds and pledging such
550	revenues. The proceeds of non-ad valorem assessments levied as
551	provided in this act may be pledged as additional security for
552	said revenue bonds. It is the express intent of this act that
553	the district shall be authorized to finance the purposes
554	provided in this act by the issuance of revenue bonds or special
555	assessment bonds separately for all or any part of the cost
556	thereof, or to issue revenue bonds additionally secured by the
557	non-ad valorem assessments for all or any part of such cost, so
558	that the district shall have complete flexibility as to the
559	types of bonds to be issued and the security for the holders of
560	such bonds. The revenue bonds of the district shall be issued in
561	such denominations and mature on such dates and in such amounts,
562	and may be subject to optional and mandatory redemption, all as
563	shall be determined by resolutions adopted by the board on
564	behalf of the district. Bonds of said district may bear interest
565	at a fixed or floating or adjustable rate and may be issued as
566	interest-bearing, interest-accruing bonds or zero coupon bonds
567	at such rate or rates not exceeding the maximum rate permitted
568	by general law, all as shall be determined by resolutions of the
569	board on behalf of the district. Principal and interest shall be
570	payable in the manner determined by the board. The bonds shall
571	be signed by the chair or vice chair of the board, attested with
572	the seal of said district and by the signature of the chair of
573	the board of supervisors. In case any officer whose signature or
574	a facsimile of whose signature shall appear on the bonds shall
575	cease to be such officer before the delivery of such bonds, such
576	signature or facsimile shall nevertheless be valid and
577	sufficient for all intents and purposes the same as if he or she
578	had remained in office until such delivery. The board may sell
579	such bonds in such manner not inconsistent with general law,
580	either at public or private sale, and for such price, as it may
581	determine to be for the best interests of the district.
582	(2)  The proceeds of the sale of any such bonds shall be
583	used to finance or refinance all or part of the costs of the
584	construction or acquisition of additions, extensions, and
585	improvements of any water system, wastewater reuse system, or
586	wastewater system or any combination thereof, to fund reserves
587	and renewal and replacement funds, and to pay the costs of
588	issuing such bonds. The funds derived from the sale of the bonds
589	shall be disbursed in such manner and under such restrictions as
590	the board may provide in the authorizing resolution. Revenue
591	bonds may be issued under the provisions of this act without any
592	other proceeding or happening of any other condition or thing
593	than those proceedings, conditions, or things which are
594	specifically required by this act and by general law.
595	(3)  A resolution providing for the issuance of revenue
596	bonds may also contain such limitations upon the issuance of
597	additional revenue bonds secured on a parity with the bonds
598	theretofore issued, as the board may deem proper, and such
599	additional bonds shall be issued under such restrictions and
600	limitations as may be prescribed by such authorizing resolution.
601	(4)  Revenue bonds may be issued under the provisions of
602	this act without regard to any limitations or indebtedness
603	prescribed by law.
604	(5)  Revenue bonds issued under the provisions of this act
605	shall not constitute a general obligation debt of the district
606	within the meaning of any constitutional or statutory debt
607	limitation, but such bonds shall be payable solely from the
608	revenues and/or non-ad valorem assessments, if any, pledged
609	therefor, and that the full faith and credit of the district is
610	not pledged to the payment of the principal of or interest on
611	such bonds.
612	(6)  In connection with the sale and issuance of bonds, the
613	district may enter into any contracts which the board determines
614	to be necessary or appropriate to achieve a desirable effective
615	interest rate in connection with the bonds by means of, but not
616	limited to, contracts commonly known as investment contracts,
617	funding agreements, interest rate swap agreements, currency swap
618	agreements, forward payment conversion agreements, futures, or
619	contracts providing for payments based on levels of or changes
620	in interest rates, or contracts to exchange cash flows or a
621	series of payments, or contracts, including, without limitation,
622	options, puts, or calls to hedge payment, rate, spread, or
623	similar exposure. Such contracts or arrangements may also be
624	entered into by the district in connection with, or incidental
625	to, entering into any agreement which secures bonds or provides
626	liquidity therefor. Such contracts and arrangements shall be
627	made upon the terms and conditions established by the board,
628	after giving due consideration for the credit worthiness of the
629	counterparties, where applicable, including any rating by a
630	nationally recognized rating service or any other criteria as
631	may be appropriate.
632	(7)  In connection with the sale and issuance of the bonds,
633	or entering into any of the contracts or arrangements referred
634	to in the paragraph above, the district may enter into such
635	credit enhancement or liquidity agreements, with such payment,
636	interest rate, security, default, remedy, and any other terms
637	and conditions as the board shall determine.
638	(8)  Notwithstanding any provisions of state law relating
639	to the investment or reinvestment of surplus funds of any
640	governmental unit, proceeds of the bonds and any money set aside
641	or pledged to secure payment of the principal of, premium, if
642	any, and interest on the bonds, or any of the contracts entered
643	into pursuant to this section, may be invested in securities or
644	obligations described in the resolution providing for the
645	issuance of bonds.
646	Section 6.  (1)  The board shall, by resolution prior to
647	the issuance of any revenue bonds, fix the initial schedule of
648	rates, fees, or other charges for the use of and the services
649	and facilities to be furnished by any such water system,
650	wastewater reuse system, or wastewater system, or any
651	combination thereof, to be paid by the owner, tenant, or
652	occupant of each lot or parcel of land which may be connected
653	with or used by any such system or systems of the district.
654	After the system or systems shall have been in operation the
655	district board may revise the schedule of rates, fees, and
656	charges from time to time. However, such rates, fees, and
657	charges shall be so fixed and revised so as to provide sums
658	which, with other funds for such purposes, shall be sufficient
659	at all times to pay:
660	(a)  The principal of and interest on revenue bonds as the
661	same shall become due and reserves therefor.
662	(b)  The expenses of maintaining and repairing such
663	systems, including reserves for such purposes and for capital
664	replacements, depreciation, and necessary extensions or
665	improvements and administrative expenses.
666	(c)  Any other payments required by the resolution
667	authorizing the issuance of such revenue bonds.
668	(2)  Such rates, fees, and charges shall be just and
669	equitable and uniform for users of the same class and where
670	appropriate may be based or computed either upon the quantity of
671	water or wastewater consumed or produced, or upon the number and
672	size of wastewater connections or upon the number and kind of
673	plumbing fixtures in use in the premises or upon the number or
674	average number of persons residing or working in or otherwise
675	using the facilities of such system or upon any other factor
676	affecting the use of the facilities or services furnished or
677	upon any combination of the foregoing factors as may be
678	determined by the board on any other equitable basis. All rates,
679	fees, and charges established pursuant to this act shall be set
680	in accordance with the total cost of service which is required
681	to provide service to the customers. The water system,
682	wastewater reuse system, and wastewater system shall be
683	accounted for as separate and as distinct systems. However, the
684	district shall set rates consistent with the guidelines adopted
685	by the American Water Works Association for government-owned
686	utilities. The district may, by resolution, consolidate any one
687	or more systems, provided such consolidation shall not impair
688	the rights of any existing bondholders of the district.
689	(3)  No rates, fees, or charges shall be fixed under the
690	foregoing provisions of this section until a public hearing at
691	which all the users of the proposed system or owners, tenants,
692	or occupants served or to be served thereby and all others
693	interested shall have an opportunity to be heard concerning the
694	proposed rates, fees, and charges. After the initial adoption by
695	the board of the resolution setting forth the preliminary
696	schedule or schedules fixing and classifying such rates, fees,
697	and charges, notice of such public hearing setting forth the
698	proposed schedule or schedules of rates, fees, and charges shall
699	be given by one publication in a newspaper published in
700	Charlotte County and in a newspaper published in Sarasota County
701	and such notice shall also be posted in five public places in
702	the district, at least 10 days prior to the date of such
703	hearing, which may be adjourned from time to time. After such
704	hearing, such preliminary schedule or schedules, either as
705	initially adopted, or as modified or amended, may be finally
706	adopted. A copy of the schedule or schedules of such rates,
707	fees, or charges finally fixed in such resolution shall be kept
708	on file in the office of the district and shall be open at all
709	times to public inspection. The rates, fees, or charges so fixed
710	for any class of users or property served shall be extended to
711	cover any additional properties thereafter served which shall
712	fall in the same class, without the necessity of any hearing or
713	notice. Any change or revision of such rates, fees, or charges
714	may be made in the same manner as such rates, fees, or charges
715	were originally established as provided herein, provided that if
716	such changes or revisions be made substantially pro rata as to
717	all classes of service no hearing or notice shall be required.
718	Section 7.  In addition to the other provisions and
719	requirements of this act, any resolution authorizing the
720	issuance of bonds may contain any other provisions deemed
721	necessary or in the best interest of the district and the board
722	is authorized to provide and may covenant and agree with the
723	several holders of such bonds to include, but without limitation
724	as to any other provisions, any of the following:
725	(1)  As to a reasonable deposit with the district in
726	advance, to ensure the payment of rates, fees, or charges for
727	the facilities of the system or systems.
728	(2)  May, in keeping with its rules and regulations,
729	disconnect any premises from the water system, wastewater reuse
730	system, or wastewater system if any such rates, fees, or charges
731	are delinquent for a period of 30 days or more.
732	(3)  The assumption of payment or discharge of any
733	indebtedness, lien, or other claim relating to any part of any
734	such system or any combination thereof, or any other obligations
735	having or which may have a lien on any part of any such system
736	or systems.
737	(4)  Limitations on the powers of the district to
738	construct, acquire, or operate, or permit the construction,
739	acquisition, or operation of any plants, structures, facilities,
740	or properties which may compete or tend to compete with any
741	other system of the district.
742	(5)  The manner and method of paying service charges and
743	fees and the levying of penalties for delinquent payments.
744	(6)  The manner and order of priority of the disposition of
745	revenues or redemption of any bonds.
746	(7)  Terms and conditions for modification or amendment of
747	any provisions or covenants in any such bond resolution
748	authorizing the issuance of such bonds.
749	(8)  Provisions and limitations on the appointment of a
750	trustee, paying agent, registrar, or escrow agent for
751	bondholders.
752	(9)  Provisions as to the appointment of a receiver of any
753	system on default of principal of or interest on any such bonds
754	or the breach of any covenant or condition of such authorizing
755	resolution or the provisions and requirements of this act.
756	(10)  Provisions as to the execution and entering into of
757	trust agreements, if deemed necessary by the board, regarding
758	the disposition of revenues or bond proceeds for the payment of
759	the cost of the acquisition and construction of the system or
760	any part thereof, or for any other purposes necessary to secure
761	any such revenue bonds.
762	(11)  Provisions as to the maintenance of any such system
763	or systems and reasonable insurance thereof.
764	(12)  Any other matters necessary to secure such bonds and
765	the payment of the principal and interest thereof. All such
766	provisions of the bond resolution and all such covenants and
767	agreements in addition to the other provisions and requirements
768	of this act shall constitute valid and legally binding contracts
769	between the district and several holders of any such bonds
770	regardless of the time of issuance of such bonds, and shall be
771	enforceable by any such holder or holders by mandamus or other
772	appropriate action, suit, or proceeding in law or in equity in
773	any court of competent jurisdiction.
774	Section 8.  (1)  When the fees, rates, or charges for the
775	services and facilities of any system are not paid when due and
776	are in default for 10 days or more, following written notice to
777	such delinquent customer, the district may discontinue and shut
778	off the supply of the services and facilities of such systems,
779	to the person, firm, corporation, or other body, public or
780	private, so supplied with such services or facilities, until
781	such fees, rates, or charges, including interest, penalties, and
782	charges for the shutting off and discontinuance or the
783	restoration of such services or facilities are fully paid. Such
784	delinquent fees, rates, or charges, together with interest,
785	penalties, and charges for the shutting off and discontinuance
786	or the restoration of such services or facilities, and
787	reasonable attorney's fees, costs and other expenses, may be
788	recovered by the board in a court of competent jurisdiction.
789	(2)  In the event that the fees, rates, or charges for the
790	services and the facilities of any system shall not be paid as
791	and when due, the unpaid balance thereof and all interest
792	accruing thereon shall, to the extent permitted by law, be a
793	lien on any parcel or property affected thereby. Such liens
794	shall be superior and paramount to the interest on such parcel
795	or property of any owner, lessee, tenant, mortgagee, or other
796	person except the lien on county or district taxes and shall be
797	on a parity with the lien on any such county or district taxes.
798	In the event that any such service charge shall not be paid as
799	and when due and shall be in default for 30 days or more, the
800	unpaid balance thereof and all interest accrued or penalties
801	thereon, together with attorney's fees and costs, may be
802	recovered by the district in a civil action, and any such lien
803	and accrued interest and penalties may be foreclosed or
804	otherwise enforced by the district by action or suit in equity
805	as for the foreclosure of a mortgage on real property in the
806	manner provided by general law.
807	Section 9.  (1)  The district may provide for the levy of
808	non-ad valorem assessments under this act on the lands and real
809	estate benefited by the construction of any system, or
810	extensions or improvements thereof, or any part thereof. Non-ad
811	valorem assessments may be levied only on benefited real
812	property at a rate of assessment based on the special benefit
813	accruing to such property from such improvements. The district
814	may use any assessment apportionment methodology that meets the
815	"fair apportionment" standards.
816	(2)  The board may determine to make any improvements
817	authorized by this act and defray the whole or any part of the
818	expense thereof by non-ad valorem assessments. The board shall
819	so declare by resolution stating the nature of the proposed
820	improvement, designating the location of wastewater facilities,
821	the location of water mains, water laterals, and other water
822	distribution facilities, or the location of the wastewater reuse
823	facilities, and the part or portion of the expense thereof to be
824	paid by non-ad valorem assessments, the manner in which said
825	assessments shall be made, when said assessments are to be paid,
826	and what part, if any, shall be apportioned to be paid from the
827	general funds of the district. Said resolution shall also
828	designate the lands upon which the non-ad valorem assessments
829	shall be levied, and in describing said lands it shall be
830	sufficient to describe them as "all lots and lands adjoining and
831	contiguous or bounding and abutting upon such improvements or
832	specially benefited thereby and further designated by the
833	assessment plat hereinafter provided for." Such resolution shall
834	also state the total estimated cost of the improvement. Such
835	estimated cost may include the cost of construction or
836	reconstruction, the cost of all labor and materials, the cost of
837	all lands, property, rights, easements, and franchises acquired,
838	financing charges, interest prior to and during construction and
839	for 1 year after completion of construction, discount on the
840	sale of assessment bonds, cost of plans and specifications,
841	surveys of estimates of costs and of revenues, cost of
842	engineering and legal services, and all other expenses necessary
843	or incident to determining the feasibility or practicability of
844	such construction or reconstruction, administrative expense, and
845	such other expense as may be necessary or incident to the
846	financing herein authorized.
847	(3)  At the time of the adoption of the resolution provided
848	for in subsection (2), there shall be on file at the district's
849	offices an assessment plat showing the area to be assessed, with
850	plans and specifications, and an estimate of the cost of the
851	proposed improvement, which assessment plat, plans, and
852	specifications and estimate shall be open to the inspection of
853	the public.
854	(4)  Upon adoption of the resolution provided for in
855	subsection (2), or completion of the preliminary assessment roll
856	provided for in subsection (5), whichever is later, the vice
857	chair of the board shall publish notice of the resolution once
858	in a newspaper published in each of the Counties of Charlotte
859	and Sarasota. The notice shall state in brief and general terms
860	a description of the proposed improvements with the location
861	thereof, and that the plans, specifications, and estimates are
862	available to the public at the district's offices. The notice
863	shall also state the date and time of the hearing to hear
864	objections provided for in subsection (7), which hearing shall
865	be no earlier than 15 days after publication of said notice.
866	Such publication shall be verified by the affidavit of the
867	publisher and filed with the secretary to the board.
868	(5)  Upon the adoption of the resolution provided for in
869	subsection (2), the board shall cause to be made a preliminary
870	assessment roll in accordance with the method of assessment
871	provided for in said resolution, said assessment roll shall show
872	the lots and lands assessed and the amount of the benefit to and
873	the assessment against each lot or parcel of land, and, if said
874	assessment is to be paid in installments, the number of annual
875	installments in which the assessment is divided shall also be
876	entered and shown upon said assessment roll.
877	(6)  Upon the completion of said preliminary assessment
878	roll, the board shall by resolution fix a time and place at
879	which the owners of the property to be assessed or any other
880	persons interested therein may appear before said board and be
881	heard as to the propriety and advisability of making such
882	improvements, as to the cost thereof, as to the manner of
883	payment therefor, and as to the amount thereof to be assessed
884	against each property so improved. Ten days' notice in writing
885	of such time and place shall be given to such property owners.
886	The notice shall include the amount of the assessment and shall
887	be served by mailing a copy by first class mail to each of such
888	property owners at his or her last known address, the names and
889	addresses of such property owners to be obtained from the
890	records of the property appraiser, and proof of such mailing to
891	be made by the affidavit of the secretary to the board, or by
892	the engineer.
893	(7)  At the time and place named in the notice provided for
894	in subsection (4), the board shall meet and hear testimony from
895	affected property owners as to the propriety and advisability of
896	making the improvements and funding them with non-ad valorem
897	assessments on property. Following the testimony, the board
898	shall make a final decision on whether to levy the non-ad
899	valorem assessments, adjusting assessments as may be warranted
900	by information received at or prior to the hearing. If any
901	property which may be chargeable under this section shall have
902	been omitted from the preliminary roll or if the prima facie
903	assessment shall not have been made against it, the board may
904	place on such roll an apportionment to such property. The owners
905	of any property so added to the assessment roll shall be mailed
906	a copy of the notice provided for in subsection (6) by first
907	class mail and granted 15 days from such date of mailing to file
908	any objections with the board. When so approved by resolution of
909	the board, a final assessment roll shall be filed with the vice
910	chair of the board, and such assessments shall stand confirmed
911	and remain legal, valid, and binding first liens upon the
912	property against which such assessments are made until paid. The
913	assessment so made shall be final and conclusive as to each lot
914	or parcel assessed unless proper steps be taken within 30 days
915	after the filing of the final assessment roll in a court of
916	competent jurisdiction to secure relief. If the assessment
917	against any property shall be sustained or reduced or abated by
918	the court, the vice chair shall note that fact on the assessment
919	roll opposite the description of the property affected thereby
920	and notify the county property appraiser and the tax collector
921	in writing. The amount of the non-ad valorem assessment against
922	any lot or parcel which may be abated by the court, unless the
923	assessment upon the entire district be abated, or the amount by
924	which such assessment is so reduced, may by resolution of the
925	board be made chargeable against the district at large, or, at
926	the discretion of the board, a new assessment roll may be
927	prepared and confirmed in the manner hereinabove provided for
928	the preparation and confirmation of the original assessment
929	roll. The board may by resolution grant a discount equal to all
930	or a part of the payee's proportionate share of the cost of the
931	project consisting of bond financing costs, such as capitalized
932	interest, funded reserves, and bond discount included in the
933	estimated cost of the project, upon payment in full of any
934	assessment during such period prior to the time such financing
935	costs are incurred as may be specified by the board.
936	(8)  The non-ad valorem assessments shall be payable at the
937	time and in the manner stipulated in the resolution providing
938	for the improvement; shall remain liens, coequal with the lien
939	of all state, county, district, and municipal taxes, superior in
940	dignity to all other liens, titles, and claims, until paid;
941	shall bear interest, at a rate not to exceed the percentage
942	authorized by section 170.09, Florida Statutes, for municipal
943	special assessments or, if bonds are issued pursuant to this
944	chapter, at a rate not to exceed 1 percent above the rate of
945	interest at which the bonds authorized pursuant to this act and
946	used for the improvement are sold, from the date of the
947	acceptance of the improvement; and may, by the resolution
948	aforesaid and only for capital outlay projects, be made payable
949	in equal installments over a period not to exceed 20 years, to
950	which, if not paid when due, there shall be added a penalty at
951	the rate of 1 percent per month, until paid. However, the
952	assessments may be paid without interest at any time within 30
953	days after the improvement is completed and a resolution
954	accepting the same has been adopted by the board.
955	(9)  The non-ad valorem assessments approved by the board
956	may be levied, assessed, and collected pursuant to section
957	197.3632, Florida Statutes. The collection and enforcement of
958	the non-ad valorem assessment levied by the district shall be at
959	the same time and in like manner as county taxes.
960	(10)  All assessments shall constitute a lien upon the
961	property so assessed from the date of confirmation of the
962	resolution ordering the improvement of the same nature and to
963	the same extent as the lien for general county, municipal, or
964	district taxes falling due in the same year or years in which
965	such assessments or installments thereof fall due, and any
966	assessment or installment not paid when due shall be collected
967	with such interest and with reasonable attorney's fees and
968	costs, but without penalties, by the district by proceedings in
969	a court of equity to foreclose the lien of assessment as a lien
970	for mortgages is or may be foreclosed under the laws of the
971	state, provided that any such proceedings to foreclose shall
972	embrace all installments of principal remaining unpaid with
973	accrued interest thereon, which installments shall, by virtue of
974	the institution of such proceedings immediately become due and
975	payable. Nevertheless, if, prior to any sale of the property
976	under decree of foreclosure in such proceedings, payment be made
977	of the installment or installments which are shown to be due
978	under the provisions of the resolution passed pursuant to this
979	section, and all costs including attorney's fees, such payment
980	shall have the effect of restoring the remaining installments to
981	their original maturities and the proceedings shall be
982	dismissed. It shall be the duty of the district to enforce the
983	prompt collection of assessments by the means herein provided,
984	and such duty may be enforced at the suit of any holder of bonds
985	issued under this act in a court of competent jurisdiction by
986	mandamus or other appropriate proceedings or action. Not later
987	than 30 days after the annual installments are due and payable,
988	it shall be the duty of the board to direct the attorney or
989	attorneys whom the board shall then designate to institute
990	actions within 3 months after such direction to enforce the
991	collection of all non-ad valorem assessments for improvements
992	made under this section and remaining due and unpaid at the time
993	of such direction. Such action shall be prosecuted in the manner
994	and under the conditions in and under which mortgages are
995	foreclosed under the laws of the state. It shall be lawful to
996	join in one action the collection of assessments against any or
997	all property assessed by virtue of the same assessment roll
998	unless the court shall deem such joiner prejudicial to the
999	interest of any defendant. The court shall allow reasonable
1000	attorney's fees for the attorney or attorneys of the district,
1001	and the same shall be collectible as a part of or in addition to
1002	the costs of the action. At the sale pursuant to decree in any
1003	such action, the district may be a purchaser to the same extent
1004	as an individual person or corporation, except that the part of
1005	the purchase price represented by the assessments sued upon and
1006	the interest thereon need not be paid in cash. Property so
1007	acquired by the district may be sold or otherwise disposed of,
1008	the proceeds of such disposition to be placed in the fund
1009	provided by subsection (11). However, no sale or other
1010	disposition thereof shall be made unless the notice calling for
1011	bids therefor to be received at a stated time and place shall
1012	have been published in a newspaper of general circulation in the
1013	district once in each of 4 successive weeks prior to such
1014	disposition.
1015	(11)  All assessments and charges made under the provisions
1016	of this section for the payment of all or any part of the cost
1017	of any improvements for which assessment bonds shall have been
1018	issued under the provisions of this act are hereby pledged to
1019	the payment of the principal of and the interest on such
1020	assessment bonds and shall, when collected, be placed in a
1021	separate fund, properly designated, which fund shall be used for
1022	no other purpose than the payment of such principal and
1023	interest.
1024	(12)  The counties in which the district is located and
1025	each school district and other political subdivision wholly or
1026	partly within the district shall be subject to the same duties
1027	and liabilities in respect of assessment under this section
1028	affecting the real estate of such counties, school districts, or
1029	other political subdivisions which private owners of real estate
1030	are subject to hereunder, and such real estate of any such
1031	counties, school districts, and political subdivision shall be
1032	subject to liens for said assessments in all cases where the
1033	same property would be subject had it at the time the lien
1034	attached been owned by a private owner, except that no such lien
1035	may be foreclosed unless and until said real estate is conveyed
1036	to a person or entity which is not a political subdivision.
1037	Section 10.  The board shall cause to be made at least once
1038	each year a comprehensive report of its water system, wastewater
1039	reuse system, and wastewater system including all matters
1040	relating to rates, revenues, expenses of maintenance, repair,
1041	and operation and renewals and capital replacements, principal
1042	and interest requirements, and the status of all funds and
1043	accounts. Copies of such general report shall be filed with the
1044	vice chair and shall be open to public inspection.
1045	Section 11.  Any holder of bonds issued under the
1046	provisions of this act, or of any of the coupons appertaining
1047	thereto, except as to the extent that the rights herein granted
1048	may be restricted by the resolution authorizing the issuance of
1049	such bonds, may, either at law or in equity, by suit, mandamus,
1050	or other proceeding, protect and enforce any and all rights
1051	under the laws of the state or granted hereunder or under such
1052	resolutions, and may enforce and compel the performance of all
1053	duties required by this act and by such resolutions to be
1054	performed by the district or by the board or by any officer or
1055	officers or employees thereof, including the fixing and charging
1056	and collecting of rates, fees, and charges for the services and
1057	facilities furnished by the water system, wastewater reuse
1058	system, or wastewater system and the due and proper collection
1059	of any non-ad valorem assessments pledged therefor.
1060	Section 12.  (1)  As the exercise of the powers conferred
1061	by this act constitutes the performance of essential public
1062	functions and as the systems constructed under the provisions of
1063	this act constitute public property used for public purposes,
1064	such district and the property thereof, including all revenues,
1065	moneys, or other assets of any type or character, shall not be
1066	subject to taxation by the state or any political subdivision,
1067	agency, instrumentality, or municipality thereof, and it is
1068	hereby expressly found determined and declared that all of the
1069	lands and real estate in said district will be benefited by the
1070	construction or acquisition of the systems, and additions,
1071	extensions, and improvements thereto, provided for in this act.
1072	(2)  All bonds or other obligations issued under this act
1073	shall be exempt from all taxation by the state or any county,
1074	municipality, or political subdivision thereof; however, the
1075	exemption does not apply to any tax imposed by chapter 220,
1076	Florida Statutes, on interest, income, or profits on debt
1077	obligations owned by corporations. Such bonds or other
1078	obligations shall be and constitute securities eligible for
1079	deposit as collateral to secure any state, county, municipal, or
1080	other public funds, and shall also be and constitute legal
1081	investments for any banks, savings banks, trust funds,
1082	executors, administrators, state, county, municipal, or other
1083	public funds, or any other fiduciary funds.
1084	Section 13.  In any case in which the character or
1085	condition of the sewage from or originating in any manufacturing
1086	or industrial plant or building or premises is such that it
1087	imposes an unreasonable burden upon the wastewater system, an
1088	additional charge may be made therefor or the board may, if it
1089	deems it advisable, compel such manufacturing or industrial
1090	plant, building, or premises to treat such wastewater in such
1091	manner as shall be specified by the board before discharging
1092	such wastewater into any wastewater lines owned, maintained, or
1093	operated by the district.
1094	Section 14.  The district is authorized to enter into any
1095	agreement for the delivery of any revenue bonds, assessment
1096	bonds, or any combination thereof, at one time or from time to
1097	time as full or partial payment for any work done by any
1098	contractor who may have been awarded a contract for the
1099	construction of all or any part of any system. However, any such
1100	bonds so delivered for payment of services shall have been
1101	authorized and issued pursuant to the provisions of this act and
1102	shall otherwise conform to the provisions thereof.
1103	Section 15.  (1)  All contracts for the purchase of
1104	commodities or contractual services in excess of $25,000 let,
1105	awarded, or entered into by the district for the construction,
1106	reconstruction, or addition to any system shall be publicly
1107	advertised and bid. The board shall adopt procedures for public
1108	advertisement and call for sealed bids, which procedures may
1109	vary the frequency and length of publication based on the amount
1110	of the procurement.
1111	(2)  Such advertisement for bids, in addition to the other
1112	necessary and pertinent matter, shall state in general terms the
1113	nature and description of the improvement or improvements to be
1114	undertaken and shall state that detailed plans and
1115	specifications for such work are on file in the office of the
1116	vice chair or will be mailed upon request to interested parties.
1117	The award shall be made to the responsible and competent bidder
1118	or bidders who shall offer to undertake the improvements at the
1119	lowest cost to the district and such bidder or bidders shall be
1120	required to file bond for the full and faithful performance of
1121	such work and the execution of any such contract in such amount
1122	as the board shall determine. No criteria may be used in
1123	determining the acceptability of the bid that was not set forth
1124	in the invitation to bid. The contract shall be awarded with
1125	reasonable promptness by written notice to the qualified and
1126	responsive bidder that submits the lowest responsive bid.
1127	(3)  When the board determines that the use of competitive
1128	sealed bidding is not practicable, commodities or contractual
1129	services shall be procured by competitive sealed proposals. A
1130	request for proposals which includes a statement of the
1131	commodities or contractual services sought and all contractual
1132	terms and conditions applicable to the procurement, including
1133	the criteria, which shall include, but not be limited to, price,
1134	to be used in determining acceptability of the proposal shall be
1135	issued. To ensure full understanding of and responsiveness to
1136	the solicitation requirement, discussions may be conducted with
1137	qualified offerors. The offerors shall be accorded fair and
1138	equal treatment prior to the submittal dates specified in the
1139	request for proposals with respect to any opportunity for
1140	discussion and revision of proposals. The award shall be made to
1141	the responsible offeror whose proposal is determined in writing
1142	to be the most advantageous to the district, taking into
1143	consideration the price and the other criteria set forth in the
1144	request for proposals.
1145	(4)  If the chair of the board, or his or her designee,
1146	determines in writing that an immediate danger to the public
1147	health, safety, or welfare or other substantial loss to the
1148	district requires emergency action, the provisions of this
1149	section requiring competitive bidding or proposals shall be
1150	waived. After the chair or his or her designee makes such a
1151	written determination, the district may proceed with the
1152	procurement of commodities or contractual services necessitated
1153	by the immediate danger, without competition. However, such
1154	emergency procurement shall be made with such competition as is
1155	practicable under the circumstances. Commodities or contractual
1156	services available only from a single source may be excepted
1157	from the bid requirements if it is determined that such
1158	commodities or services are available only from a single source
1159	and such determination is documented and approved by the board.
1160	Nothing in this section shall be deemed to prevent the district
1161	from hiring or retaining such consulting engineers, or other
1162	professionals or other technicians as it shall determine, in its
1163	discretion, consistent with the requirements of section 287.055,
1164	Florida Statutes, or for undertaking any construction work with
1165	its own resources and without any such public advertisement.
1166	Section 16.  The same rates, fees, charges, and non-ad
1167	valorem assessments shall be fixed, levied, and collected on the
1168	property, officers, and employees of the counties, or any school
1169	district, or other political subdivision included within the
1170	district, as are fixed, levied, and collected on all other
1171	properties or persons in the district as provided in this act.
1172	Section 17.  Any county, municipality, or other political
1173	subdivision is authorized to sell, lease, grant, or convey any
1174	real or personal property to the district and any such sale,
1175	grant, lease, or conveyance may be made without formal
1176	consideration. The district is authorized to classify as surplus
1177	any of its property and dispose of such property consistent with
1178	the provisions of sections 274.05 and 274.06, Florida Statutes.
1179	Section 18.  No system or portion thereof shall be
1180	constructed within the district unless the board shall give its
1181	consent thereto and approve the plans and specifications
1182	therefor, subject, however, to the terms and provisions of any
1183	resolution authorizing any bonds and agreements with
1184	bondholders.
1185	Section 19.  The board shall have no power to mortgage,
1186	pledge, encumber, sell, or otherwise convey all or any part of
1187	its systems except as otherwise provided in this act, except
1188	that the board may dispose of any part of such system or systems
1189	as may be no longer necessary for the purposes of the district.
1190	The provisions of this section shall be deemed to constitute a
1191	contract with all bondholders. All district property shall be
1192	exempt from levy and sale by virtue of an execution and no
1193	execution or other judicial process shall issue against such
1194	property, nor shall any judgment against the district be a
1195	charge or lien on its property, provided that nothing herein
1196	contained shall apply to or limit the rights of bondholders to
1197	pursue any remedy for the enforcement of any lien or pledge
1198	given by the district on revenues derived from the operation of
1199	any system.
1200	Section 20.  The state does hereby pledge to and covenant
1201	and agree with the holders of any bonds issued pursuant to this
1202	act that the state will not limit or alter the rights hereby
1203	vested in the district to acquire, construct, maintain,
1204	reconstruct, and operate its systems and to fix, establish,
1205	charge, and collect its service charges therefor, and to fulfill
1206	the terms of any agreement made with the holders of such bonds
1207	or other obligations, and will not in any way impair the rights
1208	or remedies of such holders, until the bonds, together with
1209	interest thereon, with interest on any unpaid installments of
1210	interest, and all costs and expenses in connection with any
1211	action or proceeding by or on behalf of such holders, are fully
1212	met and discharged.
1213	Section 21.  The provisions of this act shall be deemed to
1214	constitute a contract with the holders of any bonds issued
1215	hereunder and shall be liberally construed to effect its
1216	purposes and shall be deemed cumulative and supplemental to all
1217	other laws.
1218	Section 22.  If any section or provision of this act is
1219	held to be invalid or inoperative, then the same shall be deemed
1220	severable from and shall not affect the validity of any of the
1221	other provisions hereof.
1222	Section 23.  The district may assume the operation of any
1223	system which substantially fails to meet its financial
1224	responsibilities or operating standards pursuant to this act or
1225	other laws and regulations of the state, if the board determines
1226	that such action is in the public interest and the system owner
1227	conveys ownership to the district.
1228	Section 24.  The board may lease or license the use of any
1229	real or personal property of the district upon such terms,
1230	conditions, and for such consideration as the board deems
1231	appropriate. However, no such lease or license shall be for a
1232	period exceeding 20 years in duration, unless renewed, and
1233	provided that the lease or license shall be restricted to permit
1234	the grantee to use such property during the term of the lease or
1235	license only for civic or public purposes or purposes not in
1236	conflict with this act or general law.
1237	Section 25.  The district may, in addition to other
1238	provisions of this act providing for the accrual of interest,
1239	assess an interest charge on contractual obligations owed the
1240	district. Such interest shall accrue at an annual percentage
1241	rate as provided in chapter 687, Florida Statutes, or as
1242	otherwise provided by contract. Such accrued interest charges,
1243	if payment thereof becomes delinquent, may be recovered in the
1244	same manner as provided in this act for other delinquent rates,
1245	fees, charges, or penalties.
1246	Section 26.  The members of the board of supervisors shall
1247	be subject to recall as provided by general law for elected
1248	officers of municipalities.
1249	Section 27.  Any person who shall steal or damage district
1250	property, or tamper with or alter district property or threaten
1251	or cause actual harm to public health commits a criminal offense
1252	and misdemeanor within the meaning of section 775.08, Florida
1253	Statutes, unless such offense is of a higher degree in general
1254	law, and shall be punishable as provided by law.
1255	Section 28.  All contracts, obligations, rules,
1256	regulations, or policies of any nature existing on the date of
1257	enactment of this act shall remain in full force and effect and
1258	this act shall in no way affect the validity of such contracts,
1259	obligations, rules, regulations, or policies.
1260	Section 29.  This act shall not affect the terms of office
1261	of the present district board, nor shall it affect the terms and
1262	conditions of employment of any employees of the district.
1263	Section 4.  Chapter 96-499, Laws of Florida, is repealed.
1264	Section 5.  It is declared to be the intent of the
1265	Legislature that if any section, subsection, sentence, clause,
1266	phrase, or portion of this act is, for any reason, held invalid
1267	or unconstitutional by a court of competent jurisdiction, such
1268	portion shall be deemed to be a separate, distinct, and
1269	independent provision and such holdings shall not affect the
1270	validity of the remaining portions of this act.
1271	Section 6.  This act shall be construed as a remedial act
1272	and the provisions of this act shall be liberally construed in
1273	order to effectively carry out the purpose of this act in the
1274	interest of the public health, welfare, and safety of the
1275	citizens served by the district.
1276	Section 7.  This act shall take effect upon becoming a law.

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