| 1 | A bill to be entitled |
| 2 | An act relating to Monroe County; amending chapter 2002- |
| 3 | 337, Laws of Florida, as amended; providing conditions for |
| 4 | use of certain funds by the Key Largo Wastewater Treatment |
| 5 | District; revising provisions relating to vacancies on the |
| 6 | governing board; providing an effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Subsection (2) of section 4 and subsection (6) |
| 11 | of section 5 of section 1 of chapter 2002-337, Laws of Florida, |
| 12 | as amended by chapters 2003-303 and 2003-306, Laws of Florida, |
| 13 | are amended to read: |
| 14 | Section 4. District powers, functions, and duties.-- |
| 15 | (2) The district is hereby authorized and empowered: |
| 16 | (a) To adopt bylaws for the regulation of its affairs and |
| 17 | the conduct of its business. |
| 18 | (b) To adopt resolutions and policies necessary for |
| 19 | implementation, regulation, and enforcement, consistent with the |
| 20 | purposes of the district. |
| 21 | (c) To adopt an official seal for the district and to |
| 22 | alter the same at its pleasure. |
| 23 | (d) To plan, develop, purchase or otherwise acquire, |
| 24 | construct, reconstruct, improve, extend, enlarge, equip, repair, |
| 25 | maintain, and operate any wastewater management system and |
| 26 | facilities within the territorial limits of the district. |
| 27 | (e) To acquire by grant, loan, purchase, gift, or devise |
| 28 | or by the exercise of the right of eminent domain all property, |
| 29 | real or personal, or any estate or interest therein necessary, |
| 30 | desirable, or convenient for the purposes of this act, and to |
| 31 | sell, convey, lease, rent, or assign all or any part thereof and |
| 32 | to exercise all of its powers and authority with respect |
| 33 | thereto. The exercise of eminent domain shall be as provided for |
| 34 | by applicable general law. |
| 35 | (f) To assess and impose ad valorem taxes, and non-ad |
| 36 | valorem assessments, upon the lands in the district, as provided |
| 37 | by this act and chapter 197, Florida Statutes. |
| 38 | (g) To issue revenue bonds, pursuant to section 189.4085, |
| 39 | Florida Statutes, and otherwise by general law, to pay the cost |
| 40 | of purchasing or otherwise acquiring, constructing, |
| 41 | reconstructing, improving, extending, enlarging, or equipping a |
| 42 | wastewater management system. |
| 43 | (h) To issue refunding bonds, pursuant to section |
| 44 | 189.4085, Florida Statutes, and otherwise by general law, to |
| 45 | refund any bonds then outstanding which shall have been issued |
| 46 | under the provisions of this act. |
| 47 | (i) To lease, rent, or contract for the operation of all |
| 48 | or any part of any wastewater management system facilities. |
| 49 | (j) To fix and collect rates, rentals, fees, and charges |
| 50 | for the use of any wastewater management system facilities. The |
| 51 | district may provide for reasonable penalties against any user |
| 52 | for any such rates, fees, rentals, or other charges that are |
| 53 | delinquent. In the event that such delinquency occurs and such |
| 54 | fees, rentals, or other charges are not paid and remain |
| 55 | delinquent for 30 days or more, the district may discontinue and |
| 56 | shut off services until such fees, rentals, or other charges, |
| 57 | including interest, penalties, and charges for shutting off, |
| 58 | discontinuing, and restoring such services, are fully paid. The |
| 59 | district may enter on lands, waters, and premises of any person, |
| 60 | firm, corporation, or other body for the purpose of |
| 61 | discontinuing and shutting off services under such |
| 62 | circumstances. Further, such delinquent fees, rentals, or other |
| 63 | charges, together with interest, penalties, and charges for |
| 64 | shutting off, discontinuing, and restoring such services, and |
| 65 | reasonable attorneys' fees and other expenses may be recovered |
| 66 | by the district by suit in any court of competent jurisdiction. |
| 67 | The district may also enforce payment by any other lawful method |
| 68 | of enforcement. |
| 69 | (k) To make and enter into contracts and agreements |
| 70 | necessary or incidental to the performance of the duties imposed |
| 71 | and the execution of the powers granted under this act, and to |
| 72 | employ such consulting and other engineers, superintendents, |
| 73 | managers, construction and financial experts, and attorneys, and |
| 74 | such employees and agents as may, in the judgment of the |
| 75 | district, be necessary, and to fix their compensation, provided |
| 76 | that all such expenses shall be payable solely from funds made |
| 77 | available under the provisions of this act. |
| 78 | (l) To establish, or otherwise make available, a plan for |
| 79 | retirement, disability, death, hospitalization, and other |
| 80 | appropriate benefits for officers and employees of the district. |
| 81 | (m) To enter into contracts with the government of the |
| 82 | United States or the State of Florida or any agency or |
| 83 | instrumentality of either thereof, or with any county, |
| 84 | municipality, district, corporation, public or private, or |
| 85 | individual providing for or relating to wastewater management |
| 86 | system facilities. |
| 87 | (n) To borrow money for any district purpose and may |
| 88 | execute notes, mortgages, or deeds, to secure debt, trust deeds, |
| 89 | trust agreements, and such other instruments as may be necessary |
| 90 | or convenient to evidence and secure such borrowing. |
| 91 | (o) To invest surplus funds of the district consistent |
| 92 | with the "Investment of Local Government Surplus Funds Act," |
| 93 | part IV, chapter 218, Florida Statutes. |
| 94 | (p) To do all acts or things necessary or convenient to |
| 95 | carry out the powers expressly granted in this act. |
| 96 | (q) To use any and all funds provided to it from any |
| 97 | source to pay for the general, administrative, and overhead |
| 98 | expenses of the district, including compensation of the members |
| 99 | of the governing board; provided that the district shall not use |
| 100 | funds in a manner contrary to any express lawful restriction on |
| 101 | the use of funds imposed by the authority granting the funds. |
| 102 | Section 5. Governing board.-- |
| 103 | (6) If any vacancy occurs in a seat occupied by a |
| 104 | governing board member elected by the qualified electors, the |
| 105 | remaining members of the governing board shall, within 45 days |
| 106 | after the vacancy occurs, appoint a person who would be eligible |
| 107 | to hold the office until the end of the unexpired term or until |
| 108 | the next general election, whichever occurs first. Any person |
| 109 | elected at such next general election to fill such seat shall |
| 110 | serve in such capacity for the remainder of the predecessor's |
| 111 | term. Any vacancy in the membership of the governing board |
| 112 | resulting from the death, resignation, change of residence, or |
| 113 | removal of any such board member or from any other cause shall |
| 114 | be filled, for the remainder of the term, by election within 30 |
| 115 | days after the occurrence of such vacancy. However, in the event |
| 116 | that the remaining term is 60 days or less, the vacancy shall be |
| 117 | filled by election at the next general election pursuant to |
| 118 | section 189.405(2)(a), Florida Statutes, as the same may be |
| 119 | amended from time to time. |
| 120 | Section 2. This act shall take effect upon becoming a law. |