| 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. |