HB 1707

1	A bill to be entitled
2	An act relating to the North Springs Improvement District,
3	Broward County; codifying, amending, and reenacting
4	chapters 71-580, 84-398, 85-387, 87-505, 89-440, 91-353,
5	92-245, 94-445, and 96-537, Laws of Florida; providing
6	legislative intent; deleting gender-specific references;
7	providing a district charter; repealing chapters 71-580,
8	84-398, 85-387, 87-505, 89-440, 91-353, 92-245, 94-445,
9	and 96-537, Laws of Florida, relating to the North Springs
10	Improvement District; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Intent.--In accordance with section 189.429,
15	Florida Statutes, this act constitutes the codification of all
16	special acts relating to the North Springs Improvement District.
17	It is the intent of the Legislature in enacting this law to
18	provide a single, comprehensive special act charter for the
19	district, including all current legislative authority granted to
20	the district by its several legislative enactments and any
21	additional authority granted by this act.
22	Section 2.  Codification.?Chapters 71-580, 84-398, 85-387,
23	87-505, 89-440, 91-353, 92-245, 94-445, and 96-537, Laws of
24	Florida, relating to the North Springs Improvement District are
25	codified, re-enacted, amended, and repealed as herein provided.
26	Section 3.  The charter for the North Springs Improvement
27	District is re-created and reenacted to read:
28	Section 1.  Creation of the district ratified and approved;
29	change of name of district to North Springs Improvement
30	District.--The decree of the circuit court in and for the
31	Seventeenth Judicial Circuit in and for Broward County, Florida,
32	entered in Case Number 71-1724, creating and incorporating the
33	North Springs Drainage District as a public corporation of this
34	state, and all subsequent proceedings taken in the circuit court
35	concerning that district, are hereby ratified, confirmed, and
36	approved, except that the boundaries of said district shall be
37	as hereinafter described. The North Springs Drainage District
38	shall henceforth be known by the name of North Springs
39	Improvement District, and shall continue to be a public
40	corporation of this state and have perpetual existence. All
41	lawful debts, bonds, obligations, contracts, franchises,
42	promissory notes, audits, minutes, resolutions, and other
43	undertakings of the North Springs Drainage District are hereby
44	validated and shall continue to be valid and binding on the
45	North Springs Improvement District in accordance with their
46	respective terms, conditions, covenants, and tenor. Any
47	proceeding heretofore begun by the North Springs Drainage
48	District under chapter 298, Florida Statutes, or any other law,
49	for the construction of any improvements, works, or facilities,
50	for the assessment of benefits and damages or for the borrowing
51	of money shall not be impaired or avoided by this act, but may
52	be continued and completed in the name of the North Springs
53	Improvement District.
54	Section 2.  Boundaries.--The boundaries of the district
55	shall be:
56
57	A tract of land being Sections 5, 6, 7, 8, 9 and 10, a
58	portion of Sections 3 and 4, all in Township 48 South,
59	Range 41 East, Broward County, Florida, and Sections
60	31, 32 and 33, Township 47 South, Range 41 East,
61	Broward County, Florida, described as follows:
62	BEGINNING at the southwest corner of said Section 7;
63
64	thence North 00°03'12" West (Bearings are relative to
65	State Plane Coordinates as shown on STONER/KEITH
66	RESURVEY OF A PORTION OF TOWNSHIP 47 SOUTH, RANGE 41
67	EAST, ALL OF TOWNSHIP 48 SOUTH, RANGE 41 EAST, & ALL
68	OF TOWNSHIP 49 SOUTH, RANGE 41 EAST, according to the
69	plat thereof, recorded in Miscellaneous Plat Book 3 at
70	Page 44 of the Public Records of said Broward County),
71	along the west line of the Southwest Quarter (SW 1/4)
72	of said Section 7, a distance of 2647.42 feet to the
73	northwest corner of said Southwest Quarter (SW 1/4);
74
75	thence continue North 00°03'12" West, along the west
76	line of the Northwest Quarter (NW 1/4) of said Section
77	7, a distance of 2647.42 feet to the northwest corner
78	of said Section 7 and the southwest corner of said
79	Section 6;
80
81	thence North 00°02'58" West, along the west line of
82	the Southwest Quarter (SW 1/4) of said Section 6, a
83	distance of 3252.81 feet to the northwest corner of
84	said Southwest Quarter (SW 1/4);
85
86	thence North 00°02'27" West, along the west line of
87	the Northwest Quarter (NW 1/4) of said Section 6, a
88	distance of 3253.12 feet to the northwest corner of
89	said Section 6 and the southwest corner of said
90	Section 31;
91
92	thence North 00°03'47" West, along the west line of
93	the Southwest Quarter (SW 1/4) of said Section 31, a
94	distance of 2642.42 feet to the northwest corner of
95	said Southwest Quarter (SW 1/4);
96
97	thence continue North 00°03'47" West, along the west
98	line of the Northwest Quarter (NW 1/4) of said Section
99	31, a distance of 2642.42 feet to the northwest corner
100	of said Section 31;
101
102	thence South 89°52'50" East, along the north line of
103	said Northwest Quarter (NW 1/4), a distance of 2246.01
104	feet to the northeast corner of said Northwest Quarter
105	(NW 1/4);
106
107	thence South 89°52'10" East, along the north line of
108	the Northeast Quarter (NE 1/4) of said Section 31, a
109	distance of 2245.70 feet to the northeast corner of
110	said Section 31 and the northwest corner of said
111	Section 32;
112
113	thence North 89°36'52" East, along the north line of
114	the Northwest Quarter (NW 1/4) of said Section 32, a
115	distance of 2640.43 feet to the northeast corner of
116	said Northwest Quarter (NW 1/4);
117
118	thence North 89°37'21" East, along the north line of
119	the Northeast Quarter (NE 1/4) of said Section 32, a
120	distance of 2639.40 feet to the northeast corner of
121	said Section 32 and the northwest corner of said
122	Section 33;
123
124	thence North 89°36'55" East, along the north line of
125	the Northwest Quarter (NW 1/4) of said Section 33, a
126	distance of 2640.59 feet to the northeast corner of
127	said Northwest Quarter (NW 1/4);
128
129	thence North 89°36'56" East, along the north line of
130	the Northeast Quarter (NE 1/4) of said Section 33, a
131	distance of 2640.59 feet to the northeast corner of
132	said Section 33;
133
134	thence South 01°21'19" East, along the east line of
135	said Northeast Quarter (NE 1/4), a distance of 2638.16
136	feet to the southeast corner of said Northeast Quarter
137	(NE 1/4);
138
139	thence South 01°21'20" East, along the east line of
140	the Southeast Quarter (SE 1/4) of said Section 33, a
141	distance of 2638.16 feet to the southeast corner of
142	said Section 33 and the northeast corner of said
143	Section 4;
144
145	thence South 89°44'30" West, along the north line of
146	the Northeast Quarter (NE 1/4) of said Section 4, a
147	distance of 60.00 feet to the most westerly corner of
148	that parcel of land described in Official Record Book
149	55 at Page 500 of said Public Records of Broward
150	County;
151
152	thence South 45°33'09" East, along the southwesterly
153	line of said parcel, a distance of 85.29 feet to the
154	most southerly corner of said parcel on the east line
155	of said Northeast Quarter (NE 1/4);
156
157	thence South 00°50'47" East, along said east line, a
158	distance of 3303.78 feet to the southeast corner of
159	said Northeast Quarter (NE 1/4) and the northwest
160	corner of the Southwest Quarter (SW 1/4) of said
161	Section 3;
162
163	thence South 89°52'36" East, along the north line of
164	said Southwest Quarter (SW 1/4), a distance of 2640.57
165	feet to the northeast corner of said Southwest Quarter
166	(SW 1/4);
167
168	thence South 89°52'36" East, along the north line of
169	the Southeast Quarter (SE 1/4) of said Section 3, a
170	distance of 2639.23 feet to the northeast corner of
171	said Southeast Quarter (SE 1/4);
172
173	thence South 00°53'22" East, along the east line of
174	said Southeast Quarter (SE 1/4), a distance of 3401.43
175	feet to the southeast corner of said Section 3 and the
176	northeast corner of said Section 10;
177
178	thence South 00°59'18" East, along the east line of
179	the Northeast Quarter (NE 1/4) of said Section 10, a
180	distance of 2637.04 feet to the southeast corner of
181	said Northeast Quarter (NE 1/4);
182
183	thence South 00°59'17" East, along the east line of
184	the Southeast Quarter (SE 1/4) of said Section 10, a
185	distance of 2637.03 feet to the southeast corner of
186	said Section 10;
187
188	thence North 89°25'05" West, along the south line of
189	said Southeast Quarter (SE 1/4), a distance of 2637.48
190	feet to the southwest corner of said Southeast Quarter
191	(SE 1/4);
192
193	thence continue North 89°25'05" West, along the south
194	line of the Southwest Quarter (SW 1/4) of said Section
195	10, a distance of 2637.47 feet to the southwest corner
196	of said Section 10 and the southeast corner of said
197	Section 9;
198
199	thence North 89°26'06" West, along the south line of
200	the Southeast Quarter (SE 1/4) of said Section 9, a
201	distance of 2641.24 feet to the southwest corner of
202	said Southeast Quarter (SE 1/4);
203
204	thence continue North 89°26'06" West, along the south
205	line of the Southwest Quarter (SW 1/4) of said Section
206	9, a distance of 2641.24 feet to the southwest corner
207	of said Section 9 and the southeast corner of said
208	Section 8;
209
210	thence North 89°25'53" West, along the south line of
211	the Southeast Quarter (SE 1/4) of said Section 8, a
212	distance of 2639.96 feet to the southwest corner of
213	said Southeast Quarter (SE 1/4);
214
215	thence North 89°25'52" West, along the south line of
216	the Southwest Quarter (SW 1/4) of said Section 8, a
217	distance of 2639.96 feet to the southwest corner of
218	said Section 8 and the southeast corner of said
219	Section 7;
220
221	thence North 89°46'06" West, along the south line of
222	the Southeast Quarter (SE 1/4) of said Section 7, a
223	distance of 2399.06 feet to the southwest corner of
224	said Southeast Quarter (SE 1/4);
225
226	thence North 89°46'05" West, along the south line of
227	the Southwest Quarter (SW 1/4) of said Section 7, a
228	distance of 2399.06 feet to the POINT OF BEGINNING.
229
230	Said land being in Broward County, Florida.
231
232	Containing 7040.325 acres, more or less.
233
234	Section 3.  Applicability of certain provisions of chapter
235	298, Florida Statutes, to the North Springs Improvement
236	District; inconsistent laws inapplicable.--The provisions of
237	chapter 298, Florida Statutes, and all amendments thereto, now
238	existing or hereafter enacted, are declared to be applicable to
239	the North Springs Improvement District insofar as not
240	inconsistent with the provisions of this act or any subsequent
241	special acts relating to the North Springs Improvement District.
242	Notwithstanding the foregoing, the provisions of sections
243	298.07, 298.11, 298.12, 298.14, 298.15, 298.17, 298.18, 298.19,
244	298.20, 298.23, 298.24, 298.25, 298.35, 298.37, 298.38, 298.39,
245	298.40, 298.401, 298.41, 298.42, 298.44, 298.45, 298.46, 298.48,
246	298.52, 298.54, 298.56, 298.57, 298.61, 298.69, 298.70, 298.71,
247	298.73, and 298.74, Florida Statutes, and amendments thereto,
248	shall not be applicable to the North Springs Improvement
249	District.
250	Section 4.  Definitions.--Unless the context shall indicate
251	otherwise, the following words as used in this act shall have
252	the following meanings:
253	(1)  ?Assessable improvements? includes without limitation
254	any and all drainage and land reclamation works and facilities,
255	sewer systems, storm sewers and drains, water systems, streets,
256	roads, school buildings and related structures, parks, and
257	recreational, cultural, and educational facilities,
258	streetlights, or other projects of the district, or that portion
259	or portions thereof, local in nature and of special benefit to
260	the premises or lands served thereby, and any and all
261	modifications, improvements, and enlargements thereof.
262	(2)  ?Bond? includes ?certificate," and provisions
263	applicable to bonds shall be equally applicable to certificates.
264	?Bond? includes general obligation bonds, assessment bonds,
265	refunding bonds, revenue bonds, and such other obligations in
266	the nature of bonds as are provided for in this act, as the case
267	may be.
268	(3)  ?Board? means the board of supervisors of the North
269	Springs Improvement District, or if such board shall be
270	abolished, the board, body, or commission succeeding to the
271	principal functions thereof or to whom the powers given by this
272	act to the board shall be given by law.
273	(4)  ?Cost,? when used with reference to any project,
274	includes, but is not limited to, the expenses of determining the
275	feasibility or practicability of acquisition, construction, or
276	reconstruction; the cost of surveys, estimates, plans, and
277	specifications; the cost of acquisition, construction, or
278	reconstruction; the cost of improvements; engineering, fiscal,
279	and legal expenses and charges; the cost of all labor,
280	materials, machinery, and equipment; the cost of all lands,
281	properties, rights, easements, and franchises acquired; federal,
282	state, and local taxes and assessments; financing charges; the
283	creation of initial reserve and debt service funds; working
284	capital; interest charges incurred or estimated to be incurred
285	on money borrowed prior to and during construction and
286	acquisition and for such period of time after completion of
287	construction or acquisition as the board may determine; the cost
288	of issuance of bonds pursuant to this act, including
289	advertisements and printing, the cost of any election held
290	pursuant to this act, and all other expenses of issuance of
291	bonds; discount, if any, on the sale or exchange of bonds;
292	administrative expenses; such other expenses as may be necessary
293	or incidental to the acquisition, construction, or
294	reconstruction of any project or to the financing thereof, or
295	the development of any lands within the district; and
296	reimbursement of any public or private body, person, firm, or
297	corporation for any moneys advanced in connection with any of
298	the foregoing items of cost. Any obligation or expense incurred
299	prior to the issuance of bonds in connection with the
300	acquisition, construction, or reconstruction of any project or
301	improvements thereon, or in connection with any other
302	development of land that the board of the district shall
303	determine to be necessary or desirable in carrying out the
304	purposes of this act, may be treated as a part of such cost.
305	(5)  ?District? means the North Springs Improvement
306	District and ?district manager? means the manager of the
307	district.
308	(6)  ?Landowner? means the owner of the freehold estate, as
309	appears by the deed record, including trustees, private
310	corporations, and owners of cooperative and condominium units;
311	it does not include reversioners, remaindermen, or mortgagees,
312	who shall not be counted and need not be notified of proceedings
313	under this act.
314	(7)  ?Project? means any development, improvement,
315	property, utility, facility, works, road, enterprise, service,
316	or convenience, now existing or hereafter undertaken or
317	established under the provisions of this act or under chapter
318	298, Florida Statutes.
319	(8)  ?Sewer system? means any plant, system, facility, or
320	property and additions, extensions, and improvements thereto at
321	any future time constructed or acquired as part thereof useful
322	or necessary or having the present capacity for future use in
323	connection with the collection, treatment, purification, or
324	disposal of sewage, including, without limitation, industrial
325	wastes resulting from any processes of industry, manufacture,
326	trade, or business or from the development of any natural
327	resources; and, without limiting the generality of the
328	foregoing, shall include treatment plants, pumping stations,
329	lift stations, valves, force mains, intercepting sewers,
330	laterals, pressure lines, mains, and all necessary appurtenances
331	and equipment, all sewer mains, laterals, and other devices for
332	the reception and collection of sewage from premises connected
333	therewith, and all real and personal property and any interest
334	therein rights, easements, and franchises of any nature
335	whatsoever relating to any such system and necessary or
336	convenient for operation thereof.
337	(9)  ?Water and flood control facilities? means any canals,
338	ditches, or other drainage facilities, reservoirs, dams, levees,
339	sluiceways, dredging holding basins, floodways, pumping
340	stations, or any other works, structures, or facilities for the
341	conservation, control, development, utilization, and disposal of
342	water, and any purposes appurtenant, necessary, or incidental
343	thereto, and includes all real and personal property and any
344	interest therein, rights, easements, and franchises of any
345	nature relating to any such water and flood control facilities
346	or necessary or convenient for the acquisition, construction,
347	reconstruction, operation, or maintenance thereof.
348	(10)  ?Water system? means any plant, system, facility, or
349	property and additions, extensions, and improvements thereto at
350	any future time constructed or acquired as part thereof, useful
351	or necessary or having the present capacity for future use in
352	connection with the development of sources, treatment, or
353	purification and distribution of water and, without limiting the
354	generality of the foregoing, includes dams, reservoirs, storage
355	tanks, mains, lines, valves, pumping stations, laterals, and
356	pipes for the purpose of carrying water to the premises
357	connected with such system, and all rights, easements, and
358	franchises of any nature whatsoever relating to any such system
359	and necessary or convenient for the operation thereof.
360	Section 5.  Board; election; organization; terms of office;
361	quorum; report and minutes.--
362	(1)  The board of the district shall be the governing body
363	of the district and shall exercise the powers granted to the
364	district under this act and under chapter 298, Florida Statutes.
365	The board shall consist of three members and, except as
366	otherwise provided herein, each member shall hold office for a
367	term of 4 years and until his or her successor shall be chosen
368	and shall qualify. A majority of the members of the board shall
369	be residents of Broward County, and all members shall be
370	residents of Florida. All members of the board shall be
371	landowners within the district.
372	(2)  In the month of June of each fourth year commencing
373	June of 1972, there shall be held a meeting of the landowners of
374	the district at the office of the district in Broward County,
375	for the purpose of electing three supervisors for said district.
376	One supervisor shall be elected solely by those landowners
377	owning property within the city limits of the City of Parkland,
378	and this supervisor must be a landowner who owns property within
379	the city limits of the City of Parkland. One supervisor shall be
380	elected solely by those landowners owning property within the
381	city limits of the City of Coral Springs, and this supervisor
382	must be a landowner who owns property within the city limits of
383	the City of Coral Springs. One supervisor shall be elected at
384	large by all landowners of the district, regardless of where his
385	or her property is located. Candidates for each supervisor
386	position will be nominated during the meeting of landowners, and
387	the nominee who receives the highest number of votes for a
388	supervisor position shall be declared elected. Notice of said
389	landowners' meeting shall be published once a week for 2
390	consecutive weeks in a newspaper in Broward County which is in
391	general circulation within the district, the last of said
392	publication to be not less than 14 days nor more than 28 days
393	before the date of the election. The landowners when assembled
394	at such meeting shall organize by electing a chair that shall
395	conduct the meeting. At such meeting each landowner shall be
396	entitled to cast one vote per acre of land owned by him or her
397	and located within the district. A landowner may vote in person
398	or by proxy in writing. Fractions of an acre shall be treated as
399	1 acre, entitling the landowner to one vote with respect
400	thereto.
401	(3)  Each supervisor, before entering upon his or her
402	official duties, shall take and subscribe to an oath of office
403	as prescribed in section 298.13, Florida Statutes.
404	(4)  All supervisors shall hold office for the terms for
405	which they are elected or appointed and until their successors
406	shall be chosen and qualify. In case of a vacancy in the office
407	of any supervisor, the remaining supervisor or supervisors (even
408	though less than a quorum) may fill such vacancy by appointment
409	of a new supervisor or supervisors for the unexpired term of the
410	supervisor who vacated his or her office.
411	(5)  As soon as practicable after each election, the board
412	shall organize by choosing one of their number president of the
413	board and by electing a secretary, who need not be a member of
414	the board.
415	(6)  A majority of the members of the board shall
416	constitute a quorum.
417	(7)  The board shall keep a permanent record book entitled
418	?Record of Proceedings of North Springs Improvement District,?
419	in which shall be recorded minutes of all meetings, resolutions,
420	proceedings, certificates, bonds given by all employees, and any
421	and all corporate acts, which book shall at reasonable times be
422	opened to the inspection of any landowner, taxpayer, resident,
423	or bondholder of the district, and such other persons as the
424	board may determine to have a proper interest in the proceedings
425	of the board. Such record book shall be kept at any office or
426	other regular place of business maintained by the board in
427	Broward County.
428	(8)  Whenever any election shall be authorized or required
429	by this act to be held by the landowners at any particular or
430	stated time or day, and if for any reasons such election is not
431	held at such time or on such day, then in such event the power
432	or duty to hold such election shall not cease or lapse, but such
433	election shall be held thereafter when practicable, and in
434	accordance with the procedures provided by this act.
435	Section 6.  Appointment and duties of district
436	manager.--For the purpose of preserving and maintaining any
437	facility constructed or erected under the provisions of this act
438	or under the provisions of chapter 298, Florida Statutes, and
439	for maintaining and operating the equipment owned by the
440	district and such other duties as may be prescribed by the
441	board, the board may employ and fix the compensation of a
442	district manager who shall have charge and supervision of the
443	works of the district.
444	Section 7.  Treasurer; depositories; fiscal agent.--
445	(1)  The board shall designate a person who is a resident
446	of Florida, or a bank or trust company organized under the laws
447	of Florida or under the National Banking Act, as treasurer of
448	the district, who shall have charge of the funds of the
449	district. Such funds shall be disbursed only upon the order of
450	or pursuant to the resolution of the board by warrant or check
451	signed by the treasurer, or by such other person as may be
452	authorized by the board. The board may give the treasurer such
453	other or additional powers and duties as the board may deem
454	appropriate, and fix his or her compensation. The board may
455	require the treasurer to give a bond in such amount, on such
456	terms, and with such sureties as may be deemed satisfactory to
457	the board to secure the performance by the treasurer of his or
458	her powers and duties. The board shall audit or have audited the
459	books of the treasurer at least once a year.
460	(2)  The board is authorized to select as depositories in
461	which the bonds of the board and of the district shall be
462	deposited any banking corporation organized under the laws of
463	Florida or under the national banking act, doing business in
464	Florida, upon such terms and conditions as to the payment of
465	interest by such depository upon the funds so deposited as the
466	board may deem just and reasonable.
467	(3)  The board may employ a fiscal agent to perform such
468	duties and services at such rate of compensation as the board
469	may determine.
470	Section 8.  Compensation of board.--Each supervisor is
471	entitled to receive for his or her services an amount not to
472	exceed $200 per month. In addition, each supervisor shall
473	receive reasonable traveling expenses for attending the place of
474	meeting from his or her residence. Unless the board by
475	resolution otherwise provides, such traveling expenses may not
476	be in excess of the amounts provided by law for state and county
477	officials.
478	Section 9.  Powers.--The district shall have, and the board
479	may exercise, any or all of the following powers:
480	(1)  To contract and be contracted with; to sue and be sued
481	in the name of the district; to adopt and use a seal; to acquire
482	by purchase, gift, devise, eminent domain (except as limited
483	herein), or otherwise, property, real or personal, or any estate
484	therein, within the district, to be used for any of the purposes
485	of this act.
486	(2)  To adopt a water control plan; and to establish,
487	construct, operate, and maintain a system of main and lateral
488	canals, drains, ditches, levees, dikes, dams, sluices, locaks,
489	revetments, reservoirs, holding basins, floodways, pumping
490	stations, syphons, culverts, and storm sewers to drain and
491	reclaim the lands within the district and to connect some or any
492	of them with roads and bridges as in the judgment of the board
493	is deemed advisable to provide access to such facilities.
494	(3)  To acquire and maintain appropriate sites for storage
495	and maintenance of the equipment of the district; and to acquire
496	and maintain and construct a suitable building to house the
497	office and records of the district.
498	(4)  To clean out, straighten, widen, open up, or change
499	the course and flow, alter, or deepen any canal, ditch, drain,
500	river, water course, or natural stream as within the judgment of
501	the board is deemed advisable to drain and reclaim the lands
502	within the district; to acquire, purchase, operate, and maintain
503	pumps, plants, and pumping systems for drainage purposes; and to
504	construct, operate, and maintain irrigation works and machinery
505	in connection with the purposes herein set forth.
506	(5)  To regulate and set forth by appropriate resolution
507	the drainage requirements and conditions to be met for plats to
508	be entitled to record on any land within the district, including
509	authority to require as a condition precedent for any platting
510	that good and sufficient bond be posted to assure proper
511	drainage for the area to be platted.
512	(6)  To borrow money and issue bonds, certificates,
513	warrants, notes, or other evidences of indebtedness of the
514	district as hereinafter provided.
515	(7)  To build and construct any other works any and all of
516	said works and improvements across, through, or over any public
517	right-of-way, highway, grade, fill, or cut in or out of the
518	district.
519	(9)  To hold, control, and acquire by donation, purchase,
520	or condemnation, any easement, reservation, or dedication in the
521	district, for any of the purposes herein provided. To condemn as
522	provided by chapters 73 and 74, Florida Statutes, or acquire, by
523	purchase or grant for use in the district any land or property
524	within the district necessary for the purposes of this act.
525	These powers may be exercised without the district to the extent
526	necessary for the district to obtain not more than two outfall
527	canals not to exceed 200 feet in width, extending from the
528	northern boundary of the district to the Hillsboro Canal. The
529	exact routes shall be determined by resolutions of the board of
530	supervisors.
531	(10)  To assess and impose upon all of the lands in the
532	district an ad valorem tax, an annual drainage tax, and a
533	maintenance tax as hereinafter provided.
534	(11)  To impose and foreclose special assessments liens as
535	hereinafter provided.
536	(12)  To prohibit, regulate, and restrict by appropriate
537	resolution all structures, materials, and things, whether solid,
538	liquid, or gas, whether permanent or temporary in nature, which
539	come upon, come into, connect to, or be a part of any facility
540	owned or operated by the district.
541	(13)  To administer and provide for the enforcement of all
542	of the provisions herein, including the making, adopting,
543	promulgating, amending, and repealing of all rules and
544	regulations necessary or convenient for the carrying out of the
545	duties, obligations, and powers conferred on the district
546	created hereby.
547	(14)  To cooperate with or contract with other water
548	control districts or other governmental agencies as may be
549	necessary, convenient, incidental, or proper in connection with
550	any of the powers, duties, or purposes of the district as stated
551	in this act.
552	(15)  To employ engineers, attorneys, agents, employees,
553	and representatives as the board of supervisors may from time to
554	time determine necessary and to fix their compensation and
555	duties.
556	(16)  To exercise all of the powers necessary, convenient,
557	incidental, or proper in connection with any of the powers,
558	duties, or purposes of said district as stated in this act.
559	(17)  To construct, improve, and maintain roadways and
560	roads necessary and convenient to provide access to and
561	efficient development of areas made suitable and available for
562	cultivation, settlement, urban subdivision, homesites, and other
563	beneficial developments as a result of the drainage operations
564	of the district.
565	(18)  To make use of any public easements, dedications to
566	public use, platted reservations for public purposes, or any
567	reservations for drainage purposes within the boundaries of the
568	district.
569	(19)  To lease as lessor or lessee to or from any person,
570	firm, corporation, association, or body, public or private, any
571	projects of the type that the district is authorized to
572	undertake and facilities or property of any nature for the use
573	of the district to carry out any of the purposes of this act.
574	(20)  To regulate the supply and level of water within the
575	district; to divert waters from one area, lake, pond, river,
576	stream, basin, or drainage or water flood control facility to
577	any other area, lake, pond, river, stream, basin, or drainage
578	and water flood control facility; to regulate, control, and
579	restrict the development and use of natural or artificial
580	streams or bodies of water, lakes, or ponds; and to take all
581	measures determined by the board to be necessary or desirable to
582	prevent or alleviate land erosion. The powers granted to the
583	district by this subsection shall be concurrent within the
584	boundaries of the district with other public bodies, agencies,
585	or authorities as may be authorized by law. The district is
586	eligible to receive moneys, disbursements, and assistance from
587	the state available to flood control or water management
588	districts and the navigation districts or agencies.
589	(21)  To own, acquire, construct, reconstruct, equip,
590	operate, maintain, extend, and improve water systems and sewer
591	systems or combined water and sewer systems; to regulate the use
592	of sewers and the supply of water within the district and to
593	prohibit or regulate the use and maintenance of outhouses,
594	privies, septic tanks, or other sanitary structures or
595	appliances within the district; to prescribe methods of
596	pretreatment of wastes not amenable to treatment with domestic
597	sewage before accepting such wastes for treatment and to refuse
598	to accept such wastes when not sufficiently pretreated as may be
599	prescribed, and to prescribe penalties for the refusal of any
600	person or corporation to so pretreat such wastes; to sell or
601	otherwise dispose of the effluent, sludge, or other byproducts
602	as a result of sewage treatment; and to construct and operate
603	connecting, intercepting, or outlet sewers and sewer mains and
604	pipes and water mains, conduits, or pipelines in, along, or
605	under any street, alleys, highways, or other public places or
606	ways within or without the district, when deemed necessary or
607	desirable by the board. The plans for any water or sewer system
608	shall be subject to the approval of the state board of health.
609	(22)  To own, acquire, construct, operate, and maintain
610	parks, playgrounds, picnic grounds, camping facilities, and
611	water recreation facilities within or without the district.
612	(23)  To issue general obligation bonds, revenue bonds,
613	assessment bonds, or any other bonds or obligations authorized
614	by the provisions of this act or any other law, or any
615	combination of the foregoing, to pay all or part of the cost of
616	the acquisition, construction, reconstruction, extension,
617	repair, improvement, maintenance, or operation of any project or
618	combination of projects, to provide for any facility, service,
619	or other activity of the district and to provide for the
620	retirement or refunding of any bonds or obligations of the
621	district, or for any combination of the foregoing purposes.
622	(24)  To exercise any and all other powers conferred upon
623	water control districts by chapter 298, Florida Statutes; to
624	build, install, maintain, and operate streetlights; and to plan,
625	establish, acquire, construct or reconstruct, enlarge or extend,
626	equip, operate, and maintain parks and facilities for indoor and
627	outdoor community recreational and cultural uses, when
628	authorized by resolution of the general purpose unit of local
629	government, in its sole discretion, in which the parks and
630	facilities are or will be located and also authorized by
631	resolution of each municipality served by the district if the
632	parks and facilities are or will be located in the
633	unincorporated area.
634	(25)  When authorized by the local district school board,
635	to construct or renovate school buildings and related
636	structures, which may be leased, sold, or donated to the school
637	district, for use in the public educational system.
638	Section 10.  Seal.--The official seal of the district shall
639	bear the legend ?North Springs Improvement District, Broward
640	County, Florida, Seal, Established 1971.?
641	Section 11.  Fiscal year.--The board by resolution shall
642	establish the fiscal year for the district.
643	Section 12.  Annual budget.--Prior to May 15 of each year
644	after this act is effective, the secretary of the district shall
645	prepare a proposed budget to be submitted to the board for its
646	approval. The proposed budget shall include an estimate of all
647	necessary expenditures of the district for the next ensuing
648	fiscal year and an estimate of income to the district from the
649	taxes and assessments provided in this act. The board shall
650	consider the proposed budget item by item and may either approve
651	the budget as proposed by the district manager or modify the
652	same in part or in whole. The board shall indicate its approval
653	of the budget by resolution, which resolution shall provide for
654	a hearing on the budget as approved. Notice of the hearing on
655	the budget shall be published in a newspaper in general
656	circulation within the district in Broward County once a week
657	for two consecutive weeks, providing that the second publication
658	shall not be less than 7 days after the first publication. The
659	notice shall be directed to all landowners in the district and
660	shall state the purpose of the meeting. The notice shall further
661	contain a designation of the date, time, and place of the public
662	hearing, which shall be not less than 7 days after the second
663	publication. At the time and place designated in the notice, the
664	board shall hear all objections to the budget as proposed and
665	make such changes as the board deems necessary. At the
666	conclusion of the budget hearing the board shall, by resolution,
667	adopt the budget as finally approved by the board.
668	Section 13.  Notice and call of meetings of landowners;
669	quorum; adjournments; representation at meetings; taking action
670	without meeting.--
671	(1)  The board shall publish notice of all meetings of
672	landowners once a week for 2 consecutive weeks prior to such
673	meeting in a newspaper in Broward County in general circulation
674	within the district. Meetings of landowners shall be held in a
675	public place, or any other place made available for the purpose
676	of such meeting in the Broward County Courthouse and the place,
677	date, and hour of holding such meeting and the purpose thereof
678	shall be stated in the notice. Landowners representing a
679	majority of the number of acres in the district, present in
680	person or by proxy, shall constitute a quorum at any meeting of
681	the landowners; provided that irrespective of the number of
682	acres represented, there shall be a minimum of five landowners
683	owning separate parcels of land, at each meeting.
684	(2)  The board may call special meetings of the landowners
685	at any time to receive reports of the board or for such other
686	purpose as the board may determine. A special meeting of the
687	landowners may also be called at any time upon notice as
688	provided hereinabove at the written request of the owners of not
689	less than 25 percent in acreage of the land within the district
690	for the purpose of taking any lawful action by the landowners of
691	the district. Such special meeting shall be called by any court
692	of competent jurisdiction in the event that the board fails to
693	do so upon request as provided in the preceding sentence. Except
694	as otherwise provided in section 5 of this act, with respect to
695	the election of supervisors, action taken at a meeting of the
696	landowners shall be by affirmative vote of the owners of at
697	least a majority in acreage of the land within the district
698	represented at such meeting.
699	(3)  If no quorum is present or represented at a meeting of
700	the landowners at the time and place the same is called to be
701	held, the landowners present and represented, although less than
702	a quorum, may adjourn to another time or day, and at such or any
703	subsequent adjourned meeting may, if a quorum is then present or
704	represented, take any action that the landowners could have
705	taken at the meeting or meetings so adjourned for lack of a
706	quorum.
707	(4)  At any meeting of the landowners, guardians may
708	represent their wards; executors and administrators may
709	represent the estate of deceased persons; trustees may represent
710	lands held by them in trust; and private corporations may be
711	represented by their duly authorized proxy. All landowners,
712	including guardians, executors, administrators, trustees, and
713	corporations, may be represented and vote by proxy.
714	Section 14.  Water control plan; proceedings thereof.--The
715	board may proceed to adopt a water control plan in accordance
716	with the provisions of chapter 298, Florida Statutes, or in
717	accordance with the provisions of this section, in which case
718	the following shall apply:
719	(1)  The board shall cause to be made by the chief engineer
720	or such other engineer or engineers as the board may employ for
721	that purpose, a complete and comprehensive plan for the drainage
722	and reclamation of the lands located within the district. The
723	engineer or engineers designated by the board to make said plan
724	shall make all necessary surveys of the lands within the
725	boundary lines of said district and of all lands adjacent
726	thereto that will be improved or reclaimed in part or in whole
727	by any system of drainage that may be outlined and adopted, and
728	shall make a report in writing to the board with maps and
729	profiles of said surveys, which report shall contain a full and
730	complete plan for drainage and reclaiming the lands located
731	within the district from overflow or damage by water, with the
732	length, width, and depth of such canals, ditches, dikes, or
733	levees or other works as may be necessary in conjunction with
734	any canals, drains, ditches, dikes, levees, or other works
735	heretofore constructed by any other drainage or reclamation
736	district, or any other person or persons, or which may hereafter
737	be built by any or either of such agencies that may be necessary
738	or which can be advantageously used in such plan and also an
739	estimate of the cost of carrying out and completing the water
740	control plan, including the cost of superintending the same and
741	all incidental expenses in connection therewith.
742	(2)  Upon the completion of such plan, the board shall hold
743	a hearing thereon to hear objections thereto and shall give
744	notice of the time and place fixed for such hearing by
745	publication once each week for 2 consecutive weeks in a
746	newspaper published in Broward County of general circulation in
747	the district, and shall permit the inspection of said plan at
748	the office of the district by all persons interested. All
749	objections to said plan shall be filed at or before the time
750	fixed in said notice for the hearing and shall be in writing.
751	(3)  After said hearing the board shall consider the
752	proposed plan and any objections thereto, and may modify,
753	reject, or adopt the plan, or may continue the hearing to a day
754	certain for further consideration of the proposed plan or
755	modifications thereof.
756	(4)  When the board shall approve a plan a resolution shall
757	be adopted and a certified copy thereof shall be filed in the
758	office of the secretary and incorporated into the records of the
759	district.
760	(5)  The water control plan may be altered in detail from
761	time to time until the appraisal record herein provided is
762	filed, but not in such manner as materially to effect the
763	conditions of its adoption. After the appraisal record has been
764	filed no alterations of the plan or reclamation shall be made,
765	except as provided by this act.
766	(6)  Within 20 days after the final adoption of the water
767	control plan by the board, the secretary of the district shall
768	prepare and transmit a certified copy thereof to the clerk of
769	the circuit court and at the same time the board shall file with
770	said clerk a petition that the said court appoint three
771	commissioners to appraise the lands to be acquired for rights-
772	of-way, holding basins, and other drainage works of the district
773	and to assess benefits and damages accruing to all lands within
774	the district by reason of the execution of the water control
775	plan. Immediately after the filing of such petition the judge of
776	said court in whose division the petition shall have been
777	assigned shall by an order appoint three commissioners, who
778	shall be freeholders residing within Florida, and who shall not
779	be landowners in said district, nor of kin within the fourth
780	degree of consanguinity to any person owning land in said
781	district. A majority of said commissioners shall constitute a
782	quorum and shall control the action of the commissioners on all
783	questions.
784	(7)  Immediately upon the filing of said order of
785	appointment, the secretary of the district shall notify each of
786	said commissioners of his or her appointment, and in said notice
787	he or she shall state the time and place for the first meeting
788	of said commissioners. The secretary of the district, or his or
789	her deputy, shall attend such meeting and shall furnish to said
790	commissioners a complete list of lands embraced in the district,
791	or adjacent thereto, that will be affected by the execution of
792	the water control plan. The secretary shall also furnish to the
793	commissioners a copy of the water control plan and such other
794	papers, documents, and information as the commissioners require.
795	The commissioners at the meeting shall each take and subscribe
796	to an oath that he or she will faithfully and impartially
797	discharge his or her duties as such commissioner and make a true
798	report of the work performed by such commissioners, and shall
799	elect one of their number chair. The secretary of the district,
800	or his or her deputy, shall be ex officio secretary to the
801	commissioners, and the attorney for the district, other agents,
802	and employees thereof shall cooperate with the commissioners and
803	furnish to them such advice, assistance, and cooperation as they
804	shall require.
805	(8)(a)  Immediately after qualifying as provided in
806	subsection (8), the commissioners shall commence the performance
807	of their duties and the chief engineer, or one of his or her
808	assistants, shall accompany said commissioners when engaged in
809	the discharge of their duties and shall render his or her
810	opinion in writing when called for. Said commissioners shall
811	proceed to view the premises and determine the value of the
812	lands within or without the district to be acquired and used for
813	rights-of-way, holding basins, and other works described in the
814	water control plan, and they shall appraise all benefits and
815	damages which will accrue to all lands by reason of the
816	execution of the water control plan. The commissioners in
817	appraising benefits to lands, public highways, railroads, and
818	other rights-of-way shall not consider what benefits will be
819	derived by such property after other ditches, improvements, or
820	other plans of reclamation shall have been constructed, but they
821	shall appraise only such benefits as will be derived from the
822	construction of the works and improvements described in the
823	water control plan or as the same may afford an outlet for
824	drainage or protection from overflow of such property. The
825	commissioners shall give due consideration and credit to any
826	other drainage works which have already been constructed and
827	which afford partial or complete protection to any tract or
828	parcel of land within the district. The public highways,
829	railroads, and other rights-of-way shall be appraised according
830	to the increased physical efficiency and decreased maintenance
831	cost of roadways by reason of the improvements. The
832	commissioners shall have no power to change the water control
833	plan. The commissioners shall prepare a report of their
834	findings, which shall be arranged in tabular form, the columns
835	of which shall be headed as follows: Column 1 ?Owner of Property
836	Appraised?; Column 2 ?Description of Property Appraised?; Column
837	3 ?Number of Acres Appraised?; Column 4 ?Amount of Benefits
838	Appraised?; Column 5 ?Amount of Damages Appraised?; Column 6
839	?Number of Acres to be Taken for Rights-of-way, Holding Basins,
840	etc.?; and Column 7 ?Value of Property to be Taken.? They shall
841	also, by and with the advice of the chief engineer, estimate the
842	cost of the works described in the water control plan, which
843	estimate shall include the cost of property required for rights-
844	of-way, holding basins, and other works, the probable expense of
845	organization and administration as estimated by the board of
846	supervisors, and all of the expenses of the district during the
847	period of executing the water control plan. Before appraisals of
848	compensation and damages are made, the board may report to the
849	commissioners the parcels of land it may wish to purchase and
850	for which it may wish appraisals to be made, both for easement
851	and for purchase in fee simple, and the board may specify the
852	particular purpose for which, and the extent to which, an
853	easement in any property is desired, describing definitely such
854	purpose and extent. Wherever so instructed to do by the board,
855	the commissioners shall appraise lands that may be necessary or
856	desirable for the district to own and, when so requested by the
857	board, the commissioners shall also appraise both the total
858	value of the land and also the damages due to any easement
859	required for the purposes of the district.
860	(b)  The report of the commissioners shall be signed by at
861	least a majority of the commissioners and filed in the office of
862	the clerk of the circuit court of Broward County. Each
863	commissioner shall be paid $100 per day for his or her services
864	and necessary expenses in addition thereto.
865	(9)  Upon the filing of the report of the commissioners,
866	the clerk shall give notice thereof by causing publication to be
867	made once a week for 2 consecutive weeks in a newspaper
868	published in Broward County and of general circulation in the
869	district. It shall not be necessary for the clerk to name the
870	parties interested, nor to describe separate lots or tracts of
871	land in giving said notice, but it shall be sufficient to
872	publish the said notice in the following form:
873
874	?NOTICE OF FILING COMMISSIONERS? REPORT FOR NORTH SPRINGS
875	IMPROVEMENT DISTRICT.
876
877	Notice is hereby given that the Commissioners heretofore
878	appointed to appraise benefits and damages to property and lands
879	located within North Springs Improvement District in the State
880	of Florida and to appraise the cash value of the land necessary
881	to be taken for rights-of-way, holding basins, and other works
882	of said district did file their report in the office of the
883	undersigned Clerk of the Circuit Court, upon the ..... day of
884	.............., 20...., and you, and each of you, are hereby
885	notified that you may examine said report and file exceptions to
886	same on or before the ..... day of .............., 20.....
887	(which date shall be not less than 28 days nor more than 30 days
888	after the first date of publication).
889
890	......................................
891	Clerk of the Circuit Court
892	of Broward County, Florida?
893
894	(10)  The state board of drainage commissioners, the
895	drainage district, or any owner of land or other property to be
896	affected by said report, may file exception to any part, or all,
897	of the report of said commissioners within the time specified in
898	the notice prescribed in subsection (9). All exceptions shall be
899	heard and determined by the court. If no exceptions are filed,
900	or if it is shown, upon the hearing of all of said exceptions,
901	that the estimated cost of construction of improvements
902	contemplated in the water control plan is less than the benefits
903	assessed against the lands in said district, the court shall
904	approve and confirm said commissioners? report. However, if the
905	court upon hearing the objections filed, finds that any or all
906	such objections should be sustained, it shall order the report
907	changed to conform with such findings, and when so changed the
908	court shall approve and confirm such report and enter its decree
909	accordingly. The court shall adjudge and apportion the costs
910	incurred by the exceptions filed, and shall condemn any land or
911	other property that is shown by the report of the commissioners
912	to be needed for rights-of-way, holding basins or other works,
913	following the procedure provided in chapters 73 and 74, Florida
914	Statutes; provided, however, that any property owner may accept
915	the assessment of damages in his or her favor made by the
916	commissioners, or acquiesce in their failure to assess damages
917	in his or her favor, and shall be construed to have done so,
918	unless he or she gives the supervisors of the district, on or
919	before the time shall have expired for filing exceptions, as
920	provided in this act, notice in writing that he or she demands
921	an assessment of his or her damages by a jury. If the property
922	owner demands an assessment or her damages by a jury, the
923	supervisors of the district shall institute in the Circuit Court
924	of Broward County an action to condemn the lands and other
925	property that must be taken or damaged in the making of such
926	improvements, with the right and privilege of paying into the
927	court a sum to be fixed by the circuit court or judge, and
928	proceeding with the work, before the assessment by the jury. Any
929	person or party interested may prosecute and appeal to the
930	appropriate district court of appeal in the manner and within
931	the time provided by the Florida appellate rules.
932	(11)  The Clerk of the Circuit Court of Broward County
933	shall transmit a certified copy of the court decree and copy of
934	the commissioners? report, as confirmed or amended by the court,
935	to the secretary of the board, and such clerk shall receive a
936	fee of $5 for receiving, filing, and preserving same as a
937	permanent record.
938	Section 15.  Adoption, revision, and revocation of water
939	control plan.--In addition to and not in limitation of its power
940	to provide for and adopt a water control plan provided in
941	section 14 and under chapter 298, Florida Statutes, and
942	amendments thereto, the board may at any time and from time to
943	time adopt, revoke, or modify in whole or in part, any water
944	control plan or any plan providing for the drainage of lands
945	within the district, and may provide for such new and additional
946	drainage facilities, canals, ditches, levees, and other works as
947	the board may determine. In connection with the revision of any
948	water control plan or the providing of any new or additional
949	drainage facilities, canals, ditches, levees, or other works, or
950	in the event the total taxes and assessments theretofore levied
951	or the funds derived from the sale of bonds are insufficient to
952	pay the cost of any drainage works, benefits may be reassessed,
953	additional assessments made, and taxes levied in accordance with
954	the procedures provided in this act or in chapter 298, Florida
955	Statutes. The board may at any time approve and make effective
956	technical changes or modifications in any water control plan or
957	drainage not affecting assessed benefits, levy of taxes, or the
958	security of bondholders.
959	Section 16.  Assessing land for reclamation; apportionment
960	of tax; lands belonging to state assessed; drainage tax
961	record.--After the lists of lands, with the assessed benefits
962	and the decree and judgment of court, have been filed in the
963	office of the clerk of the circuit court as provided in section
964	14, the board shall, without any unnecessary delay, levy a tax
965	of such portion of said benefits on all lands in the district to
966	which benefits have been assessed, as may be found necessary by
967	the board of supervisors to pay the costs of the completion of
968	the proposed works and improvements, as shown in said water
969	control plan and in carrying out the objects of said district;
970	and, in addition thereto, 10 percent of said total amount for
971	emergencies. The said tax shall be apportioned to, and levied
972	on, each tract of land in said district in proportion to the
973	benefits assessed, and not in excess thereof; and in case bonds
974	are issued, as provided in this chapter, a tax shall be levied
975	in a sum not less than an amount 90 percent of which shall be
976	equal to the principal of said bonds. The amount of bonds to be
977	issued for paying the cost of the works as set forth in the
978	water control plan shall be ascertained and determined by the
979	board; provided, however, that the total amount of all bonds to
980	be issued by the district shall in no case exceed 90 per cent of
981	the benefits assessed upon the lands of the district. The amount
982	of the interest (as estimated by said board), which will accrue
983	on such bonds, shall be included and added to the said tax, but
984	the interest to accrue on account of the issuing of said bonds
985	shall not be construed as a part of the costs of construction in
986	determining whether or not the expenses and costs of making said
987	improvements are equal to, or in excess of, the benefits
988	assessed. The secretary of the board of supervisors, as soon as
989	said total tax is levied, shall, at the expense of the district,
990	prepare a list of all taxes levied, in the form of a well bound
991	book, book shall be endorsed and named ?DRAINAGE TAX RECORD OF
992	NORTH SPRINGS IMPROVEMENT DISTRICT, BROWARD COUNTY, FLORIDA?
993	which endorsement shall be printed or written at the top of each
994	page in said book, signed and certified by the president and
995	secretary of the board, attested by the seal of the district,
996	and the same shall thereafter become a permanent record in the
997	office of said secretary.
998	Section 17.  Prepayment of taxes or assessments.--The board
999	may provide that any tax or assessment may be paid at any time
1000	before due, together with interest accrued thereon to the date
1001	of prepayment, and any prepayment premiums or penalties, if such
1002	prior payment shall be permitted by the proceedings authorizing
1003	any bonds or other obligations for the payment of which special
1004	assessments have been pledged or taxes levied.
1005	Section 18.  Tax liens.--All taxes of the district provided
1006	for in this act or chapter 298, Florida Statutes, together with
1007	all penalties for default in the payment of the same and all
1008	costs in collecting the same including a reasonable attorney's
1009	fees fixed by the court and taxed as cost in the action brought
1010	to enforce payment, shall from January 1 for each year the
1011	property is liable to assessment and until paid constitute a
1012	lien of equal dignity with the liens for state and county taxes
1013	and other taxes of equal dignity with state and county taxes
1014	upon all the lands against which such taxes shall be levied. A
1015	sale of any of the real property within the district for state
1016	and county or other taxes shall not operate to relieve or
1017	release the property so sold from the lien for subsequent
1018	district taxes or installments of district taxes which lien may
1019	be enforced against such property as though no such sale thereof
1020	had been made. The provisions of chapter 192, Florida Statutes,
1021	and amendments thereto shall be applicable to district taxes
1022	with the same force and effect as if said provisions were
1023	expressly set forth in this act.
1024	Section 19.  Issuance of bond anticipation notes.--In
1025	addition to the other powers provided for in this act and not in
1026	limitation thereof, the district shall have the power, at any
1027	time and from time to time after the issuance of any bonds of
1028	the district shall have been authorized to borrow money for the
1029	purposes for which such bonds are to be issued in anticipation
1030	of the proceeds of the sale of such bonds and to issue bond
1031	anticipation notes in a principal sum not in excess of the
1032	authorized maximum amount of such bond issue. Such notes shall
1033	be in such denomination or denominations, bear interest at such
1034	rate as the board may determine not to exceed 10 percent per
1035	year, mature at such time or times not later than 5 years from
1036	the date of issuance, and be in such form and executed in such
1037	manner as the board shall prescribe. Such notes may be sold at
1038	either public or private sale, or if such notes shall be renewal
1039	notes, may be exchanged for notes then outstanding on such terms
1040	as the board shall determine. Such notes shall be paid from the
1041	proceeds of such bonds when issued. The board may, in its
1042	discretion, in lieu of retiring the notes by means of bonds,
1043	retire them by means of current revenues or from any taxes or
1044	assessments levied for the payment of such bonds, but in such
1045	event a like amount of the bonds authorized shall not be issued.
1046	Section 20.  Short-term borrowing.--The district at any
1047	time may obtain loans, in such amount and on such terms and
1048	conditions as the board may approve, for the purpose of paying
1049	any of the expenses of the district or any costs incurred or
1050	that may be incurred in connection with any of the projects of
1051	the district, which loans shall have a term not exceeding 2
1052	years from the date of issuance thereof, and may be renewable
1053	for a like term or terms shall bear such interest as the board
1054	may determine, not to exceed 10 percent per year, and may be
1055	payable from and secured by a pledge of such funds, revenues,
1056	taxes, and assessments as the board may determine. For the
1057	purpose of defraying such costs and expenses, the district may
1058	issue negotiable notes, warrants, or other evidences of debt
1059	signed on behalf of the district by any one of the board duly
1060	authorized by the board, such notes or other evidences of
1061	indebtedness to be payable at such times, to bear such interest
1062	as the board may determine not to exceed 10 percent per year,
1063	and to be sold or discounted at such price or prices and on such
1064	terms as the board may deem advisable. The board shall have the
1065	right to provide for the payment thereof by pledging the whole
1066	or any part of the funds, revenues, taxes, and assessments of
1067	the district. The approval of the qualified electors who are
1068	freeholders residing in the district shall not be necessary
1069	except where required by the State Constitution.
1070	Section 21.  Trust agreements.--In the discretion of the
1071	board, any issue of bonds may be secured by a trust agreement by
1072	and between the district and a corporate trustee or trustees,
1073	which may be any trust company or bank having the powers of a
1074	trust company within or without the state. The resolution
1075	authorizing the issuance of the bonds or such trust agreement
1076	may pledge the revenues to be received from any projects of the
1077	district and may contain such provisions for protecting and
1078	enforcing the rights and remedies of the bondholders as the
1079	board may approve, including, without limitation, covenants
1080	setting forth the duties of the district in relation to the
1081	acquisition, construction, reconstructions, improvements,
1082	maintenance, repair, operation, and insurance of any projects;
1083	the fixing and revising of the rates, fees, and charges; the
1084	custody, safeguarding, and application of all moneys; and for
1085	the employment of counseling engineers in connection with such
1086	acquisition, construction, reconstruction, improvement,
1087	maintenance, repair, or operation. It shall be lawful for any
1088	bank or trust company incorporated under the laws of the state
1089	which may act as a depository of the proceeds of bonds or of
1090	revenues to furnish such indemnifying bonds or to pledge such
1091	securities as may be required by the district. Such resolution
1092	or trust agreement may set forth the rights and remedies of the
1093	bondholders and of the trustee, if any, and may restrict the
1094	individual right of action by bondholders. The board may provide
1095	for the payment of the proceeds of the sale of the bonds and the
1096	revenues of any project to such officer, board, or depository as
1097	it may designate for the custody thereof, and for the method of
1098	disbursement thereof with such safeguards and restrictions as it
1099	may determine. All expenses incurred in carrying out the
1100	provisions of such resolution or trust agreement may be treated
1101	as part of the cost of operation of the project to which such
1102	trust agreement pertains.
1103	Section 22.  Sale of bonds.--Bonds may be sold in blocks or
1104	installments at different times, or an entire issue or series
1105	may be sold at one time. Bonds may be sold at public or private
1106	sale after such advertisement, if any, as the board may deem
1107	advisable but not in any event at less than 90 percent of the
1108	par value thereof, together with accrued interest thereon. Bonds
1109	may be sold or exchanged for refunding bonds. Special assessment
1110	and revenue bonds may be delivered as payment by the district of
1111	the purchase price or lease of any project or part thereof, or a
1112	combination of projects or parts thereof, or as the purchase
1113	price or exchanged for any property, real, personal or mixed,
1114	including franchises, or services rendered by any contractor,
1115	engineer, or other person, all at one time or in blocks from
1116	time to time, in such manner and upon such terms as the board in
1117	its discretion shall determine. The price or prices for any
1118	bonds sold, exchanged, or delivered may be the money paid for
1119	the bonds; the principal amount, plus accrued interest to the
1120	date of redemption or exchange, or outstanding obligations
1121	exchanged for refunding bonds; or in the case of special
1122	assessment or revenue bonds, the amount of any indebtedness to
1123	contractors or other persons paid with such bonds, or the fair
1124	value of any properties exchanged for the bonds, as determined
1125	by the board.
1126	Section 23.  Authorization and form of bonds.--Bonds may be
1127	authorized by resolution or resolutions of the board which shall
1128	be adopted by a majority of all of the members thereof then in
1129	office. Such resolution or resolutions may be adopted at the
1130	same meeting at which they are introduced, and need not be
1131	published or posted. The board may by resolution authorize the
1132	issuance of bonds, fix the aggregate amount of bonds to be
1133	issued, the purpose or purposes for which the moneys derived
1134	therefrom shall be expended, the rate or rates of interest, not
1135	to exceed 10 percent per year, the denomination of the bonds,
1136	whether or not the bonds are to be issued in one or more series,
1137	the date or dates of maturity, which shall not exceed 40 years
1138	from their respective dates of issuance, the medium of payment,
1139	the place or places within or without the state where payment
1140	shall be made, registration privileges, redemption terms and
1141	privileges (whether with or without premium), the manner of
1142	execution, the form of the bonds including any interest coupons
1143	to be attached thereto, the manner of execution of bonds and
1144	coupons, any and all other terms, covenants, and conditions
1145	thereof, and the establishment of revenue or other funds. Such
1146	authorizing resolution may further provide that such bonds may
1147	be executed manually or by engraved, lithographed or facsimile
1148	signature, provided that where signatures are engraved,
1149	lithographed, or otherwise reproduced in facsimile no bond shall
1150	be valid unless countersigned by a registrar or other officer
1151	designated by appropriate resolution of the board. The seal of
1152	the district may be affixed, lithographed, engraved, or
1153	otherwise reproduced in facsimile on such bonds. In case any
1154	officer whose signature shall appear on any bonds or coupons
1155	shall cease to be such officer before the delivery of such
1156	bonds, such signature or facsimile shall nevertheless be valid
1157	and sufficient for all purposes the same as if he or she had
1158	remained in office until such delivery.
1159	Section 24.  Interim certificates; replacement
1160	certificates.--Pending the preparation of definitive bonds, the
1161	board may issue interim certificates or receipts or temporary
1162	bonds, in such form and with such provisions as the board may
1163	determine, exchangeable for definitive bonds when such bonds
1164	shall have been executed and are available for delivery. The
1165	board may also provide for the replacement of any bonds that
1166	become mutilated, lost, or destroyed.
1167	Section 25.  Negotiability of bonds.--Any bond issued under
1168	this act and any interim certificate, receipt, or temporary bond
1169	shall, in the absence of an express recital on the face thereof
1170	that it is nonnegotiable, be fully negotiable and shall be and
1171	constitute negotiable instruments within the meaning and for all
1172	purposes of the law merchant and the laws of Florida.
1173	Section 26.  Defeasance.--The board may make such provision
1174	with respect to the defeasance of the right, title, and interest
1175	of the holders of any of the bonds and obligations of the
1176	district in any revenues, funds, or other properties by which
1177	such bonds are secured as the board deems appropriate and,
1178	without limitation on the foregoing, may provide that when such
1179	bonds or obligations become due and payable or shall have been
1180	called for redemption, and the whole amount of the principal and
1181	interest and premium, if any, due and payable upon the bonds or
1182	obligations then outstanding shall be paid, or sufficient moneys
1183	or direct obligations of the United States Government the
1184	principal of and the interest on which when due will provide,
1185	sufficient moneys, shall be held or deposited in trust for such
1186	purpose, and provision shall also be made for paying all other
1187	sums payable in connection with such bonds or other obligations,
1188	then and in such event the right, title, and interest of the
1189	holders of the bonds in any revenues, funds, or other properties
1190	by which such bonds are secured shall thereupon cease,
1191	determine, and become void, and the board may apply any surplus
1192	in any sinking fund established in connection with such bonds or
1193	obligations and all balances remaining in all other funds or
1194	accounts other than money held for the redemption or payment of
1195	the bonds or other obligations to any lawful purpose of the
1196	district as the board shall determine.
1197	Section 27.  Issuance of additional bonds.--If the proceeds
1198	of any bonds shall be less than the cost of completing the
1199	project in connection with which such bonds are issued, the
1200	board may authorize the issuance of additional bonds, upon such
1201	terms and conditions as the board may provide in the resolution
1202	authorizing the issuance thereof, but only in compliance with
1203	the resolution or other proceedings authorizing the issuance of
1204	the original bonds.
1205	Section 28.  Refunding bonds.--The district shall have the
1206	power to issue bonds to provide for the retirement or refunding
1207	of any bonds or obligations of the district that at the time of
1208	such issuance are or subsequently thereto become due and
1209	payable, or that at the time of issuance have been called or are
1210	or will be subject to call for redemption within 10 years
1211	thereafter, or the surrender of which can be procured from the
1212	holders thereof at prices satisfactory to the board. Refunding
1213	bonds may be issued at any time when in the judgment of the
1214	board such issuance will be advantageous to the district. No
1215	approval of the qualified electors who are freeholders residing
1216	in the district shall be required for the issuance of refunding
1217	bonds except in cases where such approval is required by the
1218	State Constitution. The board may by resolution confer upon the
1219	holders of such refunding bonds all rights, powers, and remedies
1220	to which the holders would be entitled if they continued to be
1221	the owners and had possession of the bonds for the refinancing
1222	of which said refunding bonds are issued, including, but not
1223	limited to, the preservation of the lien of such bonds on the
1224	revenues of any project or on pledged funds, without
1225	extinguishment, impairment, or diminution thereof. The
1226	provisions of this act pertaining to bonds of the district
1227	shall, unless the context otherwise requires, govern the
1228	issuance of refunding bonds, the form and other details thereof,
1229	the rights of the holders thereof, and the duties of the board
1230	with respect to the same.
1231	Section 29.  Revenue bonds.--
1232	(1)  The district shall have the power to issue revenue
1233	bonds from time to time without limitation as to amount. Such
1234	revenue bonds may be secured by or payable from the gross or net
1235	pledge of the revenues to be derived from any project or
1236	combination of projects; from the rates, fees, or other charges
1237	to be collected from the users of any project or projects; from
1238	any revenue-producing undertaking or activity of the district;
1239	or from any other source or pledged security. Such bonds shall
1240	not constitute an indebtedness of the district, and the approval
1241	neither of the qualified electors nor of the qualified electors
1242	who are freeholders shall be required unless such bonds are
1243	additionally secured by the full faith and credit and taxing
1244	power of the district.
1245	(2)  Any two or more projects may be combined and
1246	consolidated into a single project, and may thereafter be
1247	operated and maintained as a single project. The revenue bonds
1248	authorized herein may be issued to finance any one or more such
1249	projects, regardless of whether or not such projects have been
1250	combined and consolidated into a single project. If the board
1251	deems it advisable, the proceedings authorizing such revenue
1252	bonds may provide that the district may thereafter combine the
1253	projects then being financed or theretofore financed with other
1254	projects to be subsequently financed by the district, and that
1255	revenue bonds to be thereafter issued by the district shall be
1256	on parity with the revenue bonds then being issued, all on such
1257	terms, conditions, and limitations as shall be provided, and may
1258	further provide that the revenues to be derived from the
1259	subsequent projects shall at the time of the issuance of such
1260	parity revenue bonds be also pledged to the holders of any
1261	revenue bonds theretofore issued to finance the revenue
1262	undertakings which are later combined with such subsequent
1263	projects. The district may pledge for the security of the
1264	revenue bonds a fixed amount, without regard to any fixed
1265	proportion of the gross revenues of any project.
1266	Section 30.  General obligation bonds.--
1267	(1)  The district shall have the power from time to time to
1268	issue general obligation bonds in an aggregate principal amount
1269	of bonds outstanding at any one time not in excess of 35 percent
1270	of the assessed value of the taxable property within the
1271	district as shown on the pertinent tax records at the time of
1272	the authorization of the general obligation bonds for which the
1273	full faith and credit of the district is pledged. Except for
1274	refunding bonds, no general obligation bonds shall be issued
1275	unless the issuance thereof shall have been approved at an
1276	election of freeholders held in accordance with the requirements
1277	for such election as prescribed by the State Constitution. Such
1278	elections shall be called to be held in the district by the
1279	Board of County Commissioners of Broward County upon the request
1280	of the board of the district. The expenses of calling and
1281	holding such referendum elections shall be borne by the district
1282	and the district shall reimburse the county for any expenses
1283	incurred in calling or holding such elections. In the
1284	alternative, at the option of the board, the board may make such
1285	other provision for the registration of such qualified electors
1286	who are freeholders and the calling and holding of such
1287	elections as the board may from time to time deem appropriate.
1288	(2)  The district may pledge its full faith and credit for
1289	the payment of the principal and interest on such general
1290	obligation bonds, and for any reserve or other funds provided
1291	therefor, and may unconditionally and irrevocably pledge itself
1292	to levy ad valorem taxes on all taxable property in the
1293	district, to the extent necessary for the payment thereof,
1294	without limitations as to rate or amount.
1295	(3)  If the board shall determine to issue general
1296	obligation bonds for more than one different purpose, the
1297	approval of the issuance of the bonds for each and all such
1298	purposes may be submitted to the freeholders on one and the same
1299	ballot. The failure of the freeholders to approve the issuance
1300	of bonds for any one or more purposes shall not defeat the
1301	approval of bonds for any purpose that shall be approved by the
1302	freeholders.
1303	Section 31.  Bonds as legal investment or
1304	security.--Notwithstanding any provisions of any other law to
1305	the contrary, all bonds issued under the provisions of this act
1306	shall constitute legal investments for savings banks, banks,
1307	trust companies, insurance companies, executors, administrators,
1308	trustees, guardians, and other fiduciaries, and for any board,
1309	body, agency, instrumentality, county, municipality, or other
1310	political subdivision of the state, and shall be and constitute
1311	securities which may be deposited by banks or trust companies as
1312	security for deposits of state, county, municipal, or other
1313	public funds, or by insurance companies as required for
1314	voluntary statutory deposits.
1315	Section 32.  Covenants.--Any resolution authorizing the
1316	issuance of bonds may contain such covenants as the board may
1317	deem advisable and all such covenants shall constitute valid and
1318	legally binding and enforceable contracts between the district
1319	and the bondholders, regardless of the time of issuance thereof.
1320	Such covenants may include, without limitation, covenants
1321	concerning the disposition of the bond proceeds; the use and
1322	disposition of project revenues; the pledging of revenues,
1323	taxes, and assessments; the obligations of the district with
1324	respect to the operation of the project and the maintenance of
1325	adequate project revenues; the issuance of additional bonds; the
1326	appointment, powers, and duties of trustees and receivers; the
1327	acquisition of outstanding bonds and obligations; restrictions
1328	on the establishing of competing projects or facilities;
1329	restrictions on the sale or disposal of the assets and property
1330	of the district; the priority of assessment liens; the priority
1331	of claims by bondholders on the taxing power of the district;
1332	the maintenance of deposits to ensure the payment of revenues by
1333	users of district facilities and services; the discontinuance of
1334	district services by reason of delinquent payments; acceleration
1335	upon default; the execution of necessary instruments; the
1336	procedure for amending or abrogating covenants with the
1337	bondholders; and such other covenants as may be deemed necessary
1338	or desirable for the security of the bondholders.
1339	Section 33.  Validity of bonds; validation proceedings.--
1340	(1)  Any bonds issued by the district shall be
1341	incontestable in the hands of bona fide purchasers or holders
1342	for value and shall not be invalid because of any irregularity
1343	or defects in the proceedings for the issue and sale thereof.
1344	Prior to the issuance of any bonds, the district may, but is not
1345	required to, publish a notice at least once in a newspaper or
1346	newspapers published or of general circulation in Broward County
1347	and within the district stating the date of adoption of the
1348	resolution authorizing such obligations, the amount, the maximum
1349	rate of interest and maturity of such obligations, and the
1350	purpose in general terms for which such obligations are to be
1351	issued, and further stating that any action or proceeding
1352	questioning the validity of such obligations or of the
1353	proceedings authorizing the issuance thereof, or of any of the
1354	covenants made therein, must be instituted within 20 days after
1355	the first publication of such notice, or the validity of such
1356	obligations, proceedings, and covenants shall not be thereafter
1357	questioned in any court whatsoever. If no such action or
1358	proceeding is so instituted within such 20-day period then the
1359	validity of such obligations, proceedings, and covenants shall
1360	be conclusive, and all persons or parties whatsoever shall be
1361	forever barred from questioning the validity of such
1362	obligations, proceedings, or covenants in any court whatsoever.
1363	(2)  The power of the district to issue bonds under the
1364	provisions of this act may be determined and any of the bonds of
1365	the district may be validated and confirmed by circuit court
1366	decree, under the provisions of chapter 75, Florida Statutes,
1367	and laws amendatory thereof or supplementary thereto.
1368	Section 34.  Within act furnishes full authority for
1369	issuance of bonds.--This act constitutes full and complete
1370	authority for the issuance of bonds and the exercise of the
1371	powers of the district provided herein. No procedures or
1372	proceedings, publications, notices, consents, approvals, orders,
1373	acts, or things by the board, or any board, officers,
1374	commission, department, agency, or instrumentality of the
1375	district, other than those required by this act, shall be
1376	required to issue any bonds or to do any act or perform anything
1377	under this act, and the issuance or sale of bonds pursuant to
1378	the provisions of this act need not comply with the requirements
1379	of any other law applicable to the issuance or sale of bonds,
1380	except as otherwise provided in this act, and shall not require
1381	the consent or approval of the board of drainage commissioners
1382	of the state or of any other board, officers, commission,
1383	department, agency, or instrumentality of the state or any
1384	political subdivision thereof. Except as otherwise provided
1385	herein, no proceedings or procedures of any character whatever
1386	shall be necessary or required for the issuance of bonds other
1387	than the adoption of an appropriate resolution by the board as
1388	provided in this act with respect to the issuance of the same.
1389	The powers conferred by this act on the district with respect to
1390	the issuance and sale of bonds shall be in addition and
1391	supplemental to the powers conferred by any other law.
1392	Section 35.  Pledge by the state to the bondholders of the
1393	district and to the Federal Government.--The state pledges to
1394	the holders of any bonds issued under this act that it will not
1395	limit or alter the rights of the district to own, acquire,
1396	construct, reconstruct, improve, maintain, operate, or furnish
1397	the projects or to levy and collect the taxes, assessments,
1398	rentals, rates, fees, and other charges provided for herein and
1399	to fulfill the terms of any agreement made with the holders of
1400	such bonds or other obligations, and that it will not in any way
1401	impair the rights or remedies of the holders.
1402	Section 36.  Ad valorem taxes.--The board shall have the
1403	power to levy and assess an ad valorem tax on all the taxable
1404	real and tangible personal property in the district to pay the
1405	principal of and interest on any general obligation bonds of the
1406	district, to provide for any sinking or other funds established
1407	in connection with any such bonds. The ad valorem tax provided
1408	for herein shall be in addition to county and all other ad
1409	valorem taxes provided for by law. Such tax shall be assessed,
1410	levied, and collected in the same manner and same time as county
1411	taxes.
1412	Section 37.  Annual installment taxes.--
1413	(1)  The board shall annually determine, order, and levy
1414	the annual installment of the total taxes which are levied under
1415	section 298.36, Florida Statutes, which shall be due and be
1416	collected during each year that county taxes are due and
1417	collected and said annual installment and levy shall be
1418	evidenced to and certified by the board not later than August
1419	31st of each year to the Broward County Property Appraiser. Said
1420	tax shall be entered by the county property appraiser on the
1421	county tax rolls and shall be collected by the Broward County
1422	Tax Collector in the same manner and the same time as county
1423	taxes and the proceeds thereof paid to the district. The tax
1424	shall be a lien until paid on the property against which
1425	assessed and enforceable in like manner as county taxes.
1426	(2)  In the alternative, the board may by resolution
1427	determine the amount of taxes as provided by section 298.37,
1428	Florida Statutes, and thereafter the annual installments shall
1429	be levied, collected and enforced as provided in chapter 298,
1430	Florida Statutes.
1431	Section 38.  Maintenance tax.--To maintain and preserve the
1432	drainage improvements of the district a maintenance tax shall be
1433	evidenced to and certified by the board of supervisors not later
1434	than August 31 of each year to the property appraiser and shall
1435	be entered by the property appraiser on the county tax rolls and
1436	shall be collected by the tax collector in the same manner and
1437	time as county taxes and the proceeds therefrom paid to the
1438	district. The tax shall be a lien until paid on the property
1439	against which assessed and enforceable in like manner as county
1440	taxes. If the maintenance is for original construction based
1441	upon an apportionment of benefits, the maintenance tax shall be
1442	apportioned on the same basis of the net assessments of benefits
1443	assessed or accruing for original construction and shall not
1444	exceed 10 percent thereof in any one year. If the maintenance is
1445	for other drainage improvements owned, operated, or acquired by
1446	the district, the amount of said maintenance tax shall be
1447	determined by the board based upon a report of the chief
1448	engineer and assessed by the board, upon such lands, which may
1449	be all of the lands within the district benefited by the
1450	maintenance thereof, apportioned between the benefited lands in
1451	proportion to the benefits received by each tract of land.
1452	Section 39.  Enforcement of taxes.--
1453	(1)  The collection and enforcement of all taxes levied by
1454	the district shall be at the same time and in like manner as
1455	county taxes and the provision of the Florida Statutes relating
1456	to the sale of lands for unpaid and delinquent county taxes, the
1457	issuance, sale, and delivery of tax certificates for such unpaid
1458	and delinquent county taxes, the redemption thereof, the
1459	issuance to individuals of tax deeds based thereon, and all
1460	other procedures in connection therewith shall be applicable to
1461	the district to the same extent as if said statutory provisions
1462	were expressly set forth herein. All taxes shall be subject to
1463	the same discounts as county taxes.
1464	Section 40.  When unpaid tax is delinquent; penalty.--All
1465	taxes provided for in this act shall become delinquent and bear
1466	penalties on the amount of said taxes in the same manner as
1467	county taxes.
1468	Section 41.  Tax exemption.--As the exercise of the powers
1469	conferred by this act constitute the performance of essential
1470	public functions, and as the projects of the district will
1471	constitute public property used for public purposes, all assets
1472	and properties of the district, and all bonds issued hereunder
1473	and interest paid thereon, and all fees, charges, and other
1474	revenues derived by the district from the projects provided by
1475	this act shall be exempt from all taxes by the state or by any
1476	political subdivision, agency, or instrumentality thereof;
1477	provided, however, that nothing in this act shall be deemed to
1478	exempt from taxation any property, project, facility, or
1479	business activity or enterprise that cannot validly be
1480	undertaken as a public function by special taxing districts or
1481	other public bodies under the laws and constitution of Florida;
1482	and further, that nothing in this act shall be deemed to exempt
1483	any property, project, facility, or business activity or
1484	enterprise of the district, or revenues derived therefrom, which
1485	would be subject to taxation under the general laws of Florida
1486	if such property, project, or facility were owned or undertaken
1487	by a municipal corporation.
1488	Section 42.  Special assessments.--
1489	(1)  The board may provide for the construction or
1490	reconstruction of assessable improvements as defined in section
1491	4, and for the levying of special assessments upon benefited
1492	property for the payment thereof, under the provisions of this
1493	section.
1494	(2)  Such special assessments may be levied and assessed in
1495	either of the alternate methods provided in subsection (6) or
1496	subsection (7), and except for such procedure, all the other
1497	provisions of this section and this act shall apply to levy of
1498	such special assessments under either subsection (6) or
1499	subsection (7).
1500	(3)  The initial proceeding under subsection (6) or
1501	subsection (7) of this section shall be the passage by the board
1502	of a resolution ordering the construction or reconstruction of
1503	such assessable improvements, indicating the location by
1504	terminal points and routes and either giving a description of
1505	the improvements by its material, nature, character, and size or
1506	giving two or more descriptions with the directions that the
1507	material, nature, character, and size shall be subsequently
1508	determined in conformity with one of such descriptions. Drainage
1509	improvements need not be continuous and may be in more than one
1510	locality. The resolution ordering any such improvement may give
1511	any short and convenient designation to each improvement ordered
1512	thereby, and the property against which assessments are to be
1513	made for the cost of such improvement may give any short and
1514	convenient designation to each improvement ordered thereby, and
1515	the property against which assessments are to be made for the
1516	cost of such improvement may be designated as an assessment
1517	district, followed by a letter, number, or name to distinguish
1518	it from other assessment districts, after which it shall be
1519	sufficient to refer to such improvement and property by such
1520	designation in all proceedings and assessments, except in the
1521	notices required by this section.
1522	(4)  As soon as possible after the passage of such
1523	resolution the engineer for the district shall prepare, in
1524	duplicate, plans and specifications for each improvement ordered
1525	thereby and an estimate of the cost thereof. Such cost shall
1526	include, in addition to the items of cost as defined in this
1527	act, the following items of incidental expenses:
1528	(a)  Printing and publishing notices and proceedings;
1529	(b)  Costs of abstracts of title; and
1530	(c)  Any other expense necessary or proper in conducting
1531	the proceedings and work provided for in this section, including
1532	the estimated amount of discount, if any, financial expenses
1533	upon the sale of assessment bonds or any other obligations
1534	issued hereunder for which such special assessment bonds or any
1535	other obligations issued hereunder for which such special
1536	assessments are to be pledged, and interest prior to and until
1537	not more than 2 years after the completion of said assessable
1538	improvements. If the resolution shall provide alternative
1539	descriptions of material, nature, character and size, such
1540	estimate shall include an estimate of the cost of the
1541	improvement of each such description.
1542	(5)  The district engineer shall next prepare in duplicate
1543	a tentative apportionment of the estimated total cost of the
1544	improvement as between the district and each lot or parcel of
1545	land subject to special assessment under the resolution, such
1546	apportionment to be made in accordance with the provisions of
1547	the resolution and in relation to apportionment of cost provided
1548	herein for the preliminary assessment roll. Such tentative
1549	apportionment of total estimated cost shall not be held to limit
1550	or restrict the duties of the engineer in the preparation of
1551	such preliminary assessment roll under subsection (6). One of
1552	the duplicates of such plans, specifications, and estimates and
1553	such tentative apportionment shall be filed with the secretary
1554	of the board and the other duplicate shall be retained by the
1555	engineer in his or her files, all thereof to remain open to
1556	public inspection.
1557	(6)(a)  If the special assessments are to be levied under
1558	this subsection, the secretary of the board upon filing with him
1559	or her of such plans, specifications, estimates, and tentative
1560	apportionment of cost shall publish once in a newspaper
1561	published in Broward County and of general circulation in the
1562	district, a notice stating that at a meeting of the board on a
1563	certain day and hour, not earlier than 15 days after such
1564	publication, the board will hear objections of all interested
1565	persons to the confirmation of such resolution, which notice
1566	shall state in brief and general terms a description of the
1567	proposed assessable improvements with the location thereof, and
1568	shall also state that plans, specifications, estimates, and
1569	tentative apportionment of cost thereof are on file with the
1570	secretary of the board. A copy of the notice shall be mailed to
1571	the landowners of the land to be benefited by construction of
1572	the assessable improvement. The landowners shall be determined
1573	by reference to the last available tax roll of Broward County.
1574	The secretary of the board shall keep a record in which shall be
1575	inscribed, at the request of any person, firm, or corporation
1576	having or claiming to have any interest in any lot or parcel of
1577	land, the name and post office address of such person, firm, or
1578	corporation, together with a brief description or designation of
1579	such lot or parcel, and it shall be the duty of the secretary of
1580	the board to mail a copy of such notice to such person, firm, or
1581	corporation at such address at least 10 days before the time for
1582	the hearing as stated in such notice, but the failure of the
1583	secretary of the board to keep such record or so to inscribe any
1584	name or address or to mail any such notice shall not constitute
1585	a valid objection to holding the hearing as provided in this
1586	section or to any other action taken under the authority of this
1587	section.
1588	(b)  At the time named in such notice, or to which an
1589	adjournment may be taken by the board, the board shall receive
1590	any objections of interested persons and may then or thereafter
1591	repeal or confirm such resolution with such amendments, if any,
1592	as may be desired by the board and which do not cause any
1593	additional property to be specially assessed.
1594	(c)  All objections to any such resolution on the ground
1595	that it contains items which cannot be properly assessed against
1596	property, or that it is, for any default or defect in the
1597	passage or character of the resolution or the plans or
1598	specifications or estimate, void or voidable in whole or in
1599	part, or that it exceeds the power of the board, shall be made
1600	in writing in person or by attorney, and filed with the
1601	secretary of the board at or before the time or adjourned time
1602	of such hearing. Any objections against the making of any
1603	assessable improvements not so made shall be considered as
1604	waived, and if any objection shall be made and overruled or
1605	shall not be sustained, the confirmation of the resolution shall
1606	be the final adjudication of the issue presented unless proper
1607	steps shall be taken in a court of competent jurisdiction to
1608	secure relief within 20 days.
1609	(d)  Whenever any resolution providing for the construction
1610	or reconstruction of assessable improvements and for the levying
1611	of special assessments upon benefited property for the payment
1612	thereof shall have been confirmed, and said special assessments
1613	are levied under this subsection as herein above provided, or at
1614	any time thereafter, the board may issue assessment bonds
1615	payable out of such assessments when collected. Such bonds shall
1616	mature not later than 2 years after the maturity of the last
1617	annual installment in which said special assessments may be
1618	paid, as provided in subsection (7), and shall bear such
1619	interest as the board may determine not to exceed 10 percent per
1620	year. Such assessment bonds shall be executed, shall have such
1621	provisions for redemption prior to maturity, and shall be sold
1622	in the manner and be subject to all of the applicable provisions
1623	contained in this act applicable to other bonds, except as the
1624	same are inconsistent with the provisions of this section. The
1625	amount of such assessment bonds for any assessable improvement,
1626	prior to the confirmation of the preliminary assessment roll
1627	provided for in this subsection shall not exceed the estimated
1628	amount of the cost of such assessable improvements which are to
1629	be specially assessed against the lands and real estate of the
1630	engineer referred to in this section.
1631	(e)  After the passage of the resolution authorizing the
1632	construction or reconstruction of assessable improvements has
1633	been confirmed as provided for above where special assessments
1634	are levied under this subsection or after the final confirmation
1635	of the assessment roll where such assessments are levied under
1636	subsection (7), the board may publish at least once in a
1637	newspaper published in Broward County and of general circulation
1638	in the district, a notice calling for sealed bids to be received
1639	by the board on a date not earlier than 15 days after the first
1640	publication for the construction of the work, unless in the
1641	initial resolution the board shall have declared its intention
1642	to have the work done by district forces without contract. The
1643	notice shall refer in general terms to the extent and nature of
1644	the improvements and may identify the same by the short
1645	designation indicated in the initial resolution and by reference
1646	to the plans and specifications on file. If the initial
1647	resolution shall have given two or more alternative descriptions
1648	of the assessable improvements as to its material, nature,
1649	character, and size, and if the board shall not have theretofore
1650	determined upon a definite description, the notice shall call
1651	for bids upon each of such descriptions. Bids may be requested
1652	for the work as whole or for any part thereof separately and
1653	bids may be asked for any one or more of such assessable
1654	improvements authorized by the same or different resolutions,
1655	but any bid covering work upon more than one improvement shall
1656	be in such form as to permit a separation of cost as to each
1657	improvement. The notice shall require bidders to file with their
1658	bids either a certified check drawn upon an incorporated bank or
1659	trust company in such amount or percentage of their respective
1660	bids, as the board shall deem advisable, or a bid bond in like
1661	amount with corporate surety satisfactory to the board to insure
1662	the execution of a contract to carry out the work in accordance
1663	with such plans and specifications and insure the filing at the
1664	making of such contract, of a bond in the amount of the contract
1665	price with corporate surety satisfactory to the board
1666	conditioned for the performance of the work in accordance with
1667	such contract. The board shall have the right to reject any or
1668	all bids, and if all bids are rejected the board may readvertise
1669	or may determine to do the work by the district forces without
1670	contract.
1671	(f)  Promptly after the completion of the work, in the case
1672	of special assessments levied under subsection (6), the engineer
1673	for the district, who is hereby designated as the official of
1674	the district to make the preliminary assessment of benefits from
1675	assessable improvements, shall prepare a preliminary assessment
1676	roll and file the same with the secretary of the board which
1677	roll shall contain the following:
1678	1.  A description of abutting lots and parcels of land or
1679	lands which will benefit from such assessable improvements and
1680	the amount of such benefits to each such lot or parcel of land.
1681	Such lots and parcels shall include the property of Broward
1682	County and any school district or other political subdivision.
1683	There shall also be given the name of the owner of record of
1684	each lot or parcel where practicable, and in all cases there
1685	shall be given a statement of the method of assessment used by
1686	the engineer for determining the benefits.
1687	2.  The total cost of the improvements and the amount of
1688	incidental expense.
1689	(g)  The preliminary roll shall be advisory only and shall
1690	be subject to the action of the board as hereafter provided.
1691	Upon the filing with the secretary of the board of the
1692	preliminary assessment roll, the secretary of the board shall
1693	publish at least once in a newspaper published in Broward County
1694	and of general circulation in the district a notice stating that
1695	at a meeting of the board to be held on a certain day and hour,
1696	not less than 15 days from the date of such publication, which
1697	meeting may be a regular, adjourned, or special meeting, all
1698	interested persons may appear and file written objections to the
1699	confirmation of such roll. Such notice shall state the class of
1700	the assessable improvements and the location thereof by terminal
1701	points and route.
1702	(h)  At the time and place stated in such notice, the board
1703	shall meet and receive the objections in writing of all
1704	interested persons as stated in such notice. The board may
1705	adjourn the hearing from time to time. After the completion
1706	thereof the board shall annul, sustain, or modify in whole or in
1707	part the prima facie assessment as indicated on such roll,
1708	either by confirming the prima facie assessment against any or
1709	all lots or parcels described therein or by canceling,
1710	increasing, or reducing the same, according to the special
1711	benefits which the board decides each such lot or parcel has
1712	received or will receive on account of such improvement. If any
1713	property that may be chargeable under this section shall have
1714	been omitted from the preliminary roll or if the prima facie
1715	assessment shall not have been made against it, the board may
1716	place on such roll an apportionment to such property. The board
1717	shall not confirm any assessment in excess of the special
1718	benefits to the property assessed and the assessments so
1719	confirmed shall be in proportion to the special benefits.
1720	Forthwith after such confirmation such assessment roll shall be
1721	delivered to the secretary of the board. The assessment so made
1722	shall be final and conclusive as to each lot or parcel assessed
1723	unless proper steps are taken within 30 days in a court of
1724	competent jurisdiction to secure relief. If the assessment
1725	against any property shall be sustained or reduced or abated by
1726	the court, the secretary of the board shall note that fact on
1727	the assessment roll opposite the description of the property
1728	affected thereby. The amount of the special assessment against
1729	any lot or parcel which may be abated by the court, unless the
1730	assessment upon all benefited property be abated, or the amount
1731	by which such assessment is so reduced, may by resolution of the
1732	board be made chargeable against the district at large; or, at
1733	the discretion of the board, a new assessment roll may be
1734	prepared and confirmed in the manner herein above provided for
1735	the preparation and confirmation of the original assessment
1736	roll.
1737	(i)  Pending the final confirmation of such special
1738	assessments in the manner provided in this subsection, the
1739	district shall have a lien on all such lands and real estate
1740	after the confirmation of the initial resolution, in the manner
1741	provided in this subsection.
1742	(7)(a)  The district engineer, under the procedure provided
1743	for in this subsection shall next, after the passage of the
1744	initial resolution and filing of the plans and estimates of cost
1745	by the district engineer, prepare an assessment roll for the
1746	district in duplicate, which assessment roll shall contain an
1747	apportionment of the estimated total cost of the improvement as
1748	between the district and each lot or parcel of land subject to
1749	the special assessment under the initial resolution, such
1750	apportionment to be made in accordance with the provisions of
1751	the initial resolution. One of the duplicates of said assessment
1752	roll shall be filed with the secretary of the board and the
1753	other duplicate shall be retained by the district engineer in
1754	his or her files, all thereof to remain open to public
1755	inspection.
1756	(b)  Upon the completion and filing of said assessment roll
1757	the secretary to the board shall cause a copy thereof to be
1758	published once in a newspaper published in Broward County and of
1759	general circulation in the district, together with a notice
1760	directed to all property owners interested in said special
1761	assessments, stating that at a meeting of the board on a certain
1762	day and hour, not earlier than 15 days after such publication,
1763	the board sitting as an equalizing board, will hear objections
1764	of all interested persons to the final confirmation of such
1765	assessment roll, and will finally confirm such assessment roll
1766	or take such action relative thereto as it deems necessary and
1767	advisable. A copy of the notice shall be mailed to the
1768	landowners of the land to be benefited by construction of the
1769	assessable improvement. The landowners shall be determined by
1770	reference to the last available tax roll of Broward County. The
1771	secretary of the board shall keep a record in which shall be
1772	inscribed, at the request of any person, firm, or corporation
1773	having or claiming to have any interest in any lot or parcel of
1774	land, the name and post office address of such person, firm, or
1775	corporation, together with a brief description or designation of
1776	such lot or parcel, and it shall be the duty of the secretary of
1777	the board to mail a copy of such notice to such person, firm, or
1778	corporation at such address at least 10 days before the time for
1779	the hearing as stated in such notice, but the failure of the
1780	secretary of the board to keep such record or so to inscribe any
1781	name or address or to mail any such notice shall not constitute
1782	a valid objection to holding the hearing as provided in this
1783	section or to any other action taken under the authority of this
1784	section.
1785	(c)  At the time and place named in the notice provided for
1786	in the paragraph (b), the board shall meet as an equalizing
1787	board to hear and consider any and all complaints as to said
1788	special assessments, and shall adjust and equalize the said
1789	special assessments on a basis of justice and right, and when so
1790	equalized and approved such special assessments shall stand
1791	confirmed and remain legal, valid, and binding liens upon the
1792	properties upon which such special assessments are made, until
1793	paid in accordance with the provisions of this act; provided,
1794	however, that upon the completion of such improvements, if the
1795	actual cost of such assessable improvements is less than the
1796	amount of such special assessments levied, the district shall
1797	rebate to the owners of any properties which shall have been
1798	specially assessed for such assessable improvements the
1799	difference in the special assessments as originally made,
1800	levied, and confirmed, and the proportionate part of the actual
1801	cost of said assessable improvements as finally determined upon
1802	the completion of said assessable improvements; and in the event
1803	that the actual cost of said assessable improvements shall be
1804	more than the amount of such special assessments confirmed and
1805	levied, finally determined upon the completion of said
1806	assessable improvements, the proportionate part of such excess
1807	cost of such assessable improvements may be levied against all
1808	of the lands and properties against which such special
1809	assessments were originally levied, or, in the alternative, the
1810	board may, in its discretion, pay such excess cost from any
1811	legally available funds.
1812	(d)  All objections to any such assessment roll on the
1813	ground that it contains items which cannot be properly assessed
1814	against property, or that it is, for any default or defect in
1815	the passage or character of the assessment roll or the plans or
1816	specifications or estimate, void or voidable in whole or in
1817	part, or that it exceeds the power of the board, shall be made
1818	in writing in person or by attorney, and filed with the
1819	secretary of the board at or before the time or adjourned time
1820	of such hearing on the assessment roll. Any objections against
1821	the making of any assessable improvements not so made shall be
1822	considered as waived, and if any objections shall be made and
1823	overruled or shall not be sustained, the confirmation of the
1824	assessment roll shall be the final adjudication of the issue
1825	presented unless proper steps shall be taken in a court of
1826	competent jurisdiction to secure relief within 20 days.
1827	(e)  All the provisions of subsection (6) not inconsistent
1828	with this subsection shall apply to the levy of special
1829	assessments under this subsection.
1830	(8)(a)  Any assessment may be paid at the office of the
1831	secretary of the board within 60 days after the confirmation
1832	thereof, without interest. Thereafter all assessments shall be
1833	payable in equal installments, with interest as determined by
1834	the board, not to exceed 10 percent per year, from the
1835	expiration of said 60 days in each of the succeeding number of
1836	years which the board shall determine by resolution, not
1837	exceeding 20; provided, however, that the board may provide that
1838	any assessment may be paid at any time before due, together with
1839	interest accrued thereon to the date of payment, if such prior
1840	payment shall be permitted by the proceedings authorizing any
1841	assessment bonds or other obligations for the payment of which
1842	such special assessments have been pledged.
1843	(b)  All such special assessments levied pursuant to this
1844	act may, in the discretion of the board, be collected by the tax
1845	collector of the county at the same time as the general county
1846	taxes are collected by the tax collector of the county, and the
1847	board shall in such event certify to the county tax collector in
1848	each year a list of all such special assessments and a
1849	description of and names of the owners of the properties against
1850	which such special assessments have been levied and the amounts
1851	due thereof in such year, and interest thereon for any
1852	deficiencies for prior years. The amount to be collected in such
1853	year may include, in the discretion of the board, the principal
1854	installment of such special assessments which will become due at
1855	any time in the next succeeding fiscal year, and all or any part
1856	of the interest which will become due on such special
1857	assessments during such next fiscal year, together with any
1858	deficiencies for prior years.
1859	(c)  The board may, in lieu of providing for the collection
1860	of said special assessments by the tax collector of the county,
1861	provide for the collection of said special assessments by the
1862	district under such terms and conditions as the board shall
1863	determine. In such event, the bills or statements for the
1864	amounts due in any fiscal year shall be mailed to the owners of
1865	all properties affected by such special assessments at such time
1866	or times as the board shall determine and such bills or
1867	statements may include all or any part of the principal and
1868	interest which will mature and become due on the annual
1869	installments of such special assessments during the fiscal year
1870	in which installments of such special assessments are payable.
1871	(d)  All charges of the county tax collector or of the
1872	district, and the fees, costs, and expenses of any paying
1873	agents, trustees, or other fiduciaries for assessment bonds
1874	issued under this act, shall be deemed to be costs of the
1875	operation and maintenance of any drainage improvements in
1876	connection with which such special assessments were levied and
1877	the board shall be authorized and directed to provide for the
1878	payment each year of such costs of collection, fees, and other
1879	expenses from the maintenance tax as provided in this act as
1880	shall be mutually agreed upon between the board and the county
1881	tax collector as additional compensation for his or her services
1882	for each such assessment district in which the special
1883	assessments are collected by him or her.
1884	(e)  All assessments shall constitute a lien upon the
1885	property so assessed from the date of final confirmation
1886	thereof, of the same nature and to the same extent as the lien
1887	for general county taxes falling due in the same year or years
1888	in which such assessments or installments thereof fall due, and
1889	any assessment or installment not paid when due shall be
1890	collectable with such interest and with a reasonable attorney?s
1891	fee and costs, but without penalties, by the district by
1892	proceedings in a court of equity to foreclose the line of
1893	assessments as a lien for mortgages is or may be foreclosed
1894	under the laws of the state; provided that any such proceedings
1895	to foreclose shall embrace all installments of principal
1896	remaining unpaid with accrued interest thereon, which
1897	installments shall, by virtue of the institution of such
1898	proceedings, immediately become due and payable. Nevertheless,
1899	if, prior to any sale of the property under decree of
1900	foreclosure in such proceedings, payment is made of the
1901	installment or installments which are shown to be due under the
1902	provisions of subsection (6) or subsection (7), and by this
1903	subsection and all costs, including interest and reasonable
1904	attorney?s fees, such payment shall have the effect of restoring
1905	the remaining installments to their original maturities as
1906	provided by the resolution passed pursuant to subsection (8) and
1907	the proceedings shall be dismissed. It shall be the duty of the
1908	board to enforce the prompt collection of assessment by the
1909	means herein provided, and such duty may be enforced at the suit
1910	of any holder of bonds issued under this act in a court of
1911	competent jurisdiction by mandamus or other appropriate
1912	proceedings or action. Not later than 30 days after the annual
1913	installments are due and payable, it shall be the duty of the
1914	board to direct the attorney for the district to institute
1915	actions within 2 months after such direction to enforce the
1916	collection of all special assessments for assessable
1917	improvements made under this section and remaining due and
1918	unpaid at the time of such direction. Such action shall be
1919	prosecuted in the manner and under the conditions in and under
1920	which mortgages are foreclosed under the laws of the state. It
1921	shall be lawful to join in one action the collection of
1922	assessments against any or all property assessed by virtue of
1923	the same assessment roll unless the court shall deem such
1924	joinder prejudicial to the interest of any defendant. The court
1925	shall allow a reasonable attorney?s fee for the attorney for the
1926	district and the same shall be collectable as a part of or in
1927	addition to the costs of the action. At the sale pursuant to
1928	decree in any such action, the district may be a purchaser to
1929	the same extent as an individual person or corporation, except
1930	that the part of the purchase price represented by the
1931	assessments sued upon and the interest thereon need not be paid
1932	in cash. Property so acquired by the district may be sold or
1933	otherwise disposed of.
1934	(f)  All assessments and charges made under the provisions
1935	of this section for the payment of all or any part of the cost
1936	of any assessable improvements for which assessment bonds shall
1937	have been issued under the provisions of this act, or which have
1938	been pledged as additional security for any other bonds or
1939	obligations issued under this act, shall be maintained in a
1940	special fund or funds and be used only for the payment of
1941	principal or interest on such assessment bonds or other bonds or
1942	obligations.
1943	(g)  Broward County and each school district and other
1944	political subdivision wholly or partly within the district shall
1945	possess the same power and be subject to the same duties and
1946	liabilities in respect of assessments under this section
1947	affecting the real estate of such county, school district, or
1948	other political subdivision which private owners of real estate
1949	possess or are subject to hereunder, and such real estate of any
1950	such county, school district, and political subdivision shall be
1951	subject to liens for said assessments in all cases where the
1952	same property would be subject to such liens had it at the time
1953	the lien attached been owned by a private owner.
1954	Section 43.  Issuance of certificates of indebtedness based
1955	on assessments for assessable improvements; assessment bonds.--
1956	(1)  The board may, after any assessments for assessable
1957	improvements are made, determined, and confirmed as provided in
1958	section 42, issue certificates of indebtedness for the amount so
1959	assessed against the abutting property or property otherwise
1960	benefited, as the case may be, and separate certificates shall
1961	be issued against each part or parcel of land or property
1962	assessed, which certificates shall state the general nature of
1963	the improvement for which the said assessment is made. Said
1964	certificates shall be payable in annual installments in
1965	accordance with the installments of the special assessment for
1966	which they are issued. The board may determine the interest to
1967	be borne by such certificates, not to exceed 10 percent per
1968	year, and may sell such certificates at either private or public
1969	sale and determine the form, manner of execution, and other
1970	details of such certificates. Such certificates shall recite
1971	that they are payable only from the special assessments levied
1972	and collected from the part or parcel of land or property
1973	against which they are issued. The proceeds of such certificates
1974	may be pledged for the payment of principal of and interest on
1975	any revenue bonds or general obligation bonds issued to finance
1976	in whole or in part such assessable improvement, or, if not so
1977	pledged, may be used to pay the cost or part of the cost of such
1978	assessable improvements.
1979	(2)  The district may also issue assessment bonds or other
1980	obligations payable from a special fund into which such
1981	certificates of indebtedness referred to in the subsection (1)
1982	may be deposited; or, if such certificates of indebtedness have
1983	not been issued, the district may assign to such special fund
1984	for the benefit of the holders of such assessment bonds or other
1985	obligations, or to a trustee for such bondholders, the
1986	assessment liens provided for in this act unless such
1987	certificates of indebtedness or assessment liens have been
1988	theretofore pledged for any bonds or other obligations
1989	authorized hereunder. In the event of the creation of such
1990	special fund and the issuance of such assessment bonds or other
1991	obligations, the proceeds of such certificates of indebtedness
1992	of assessment liens deposited therein shall be used only for the
1993	payment of the assessment bonds or other obligations issued as
1994	provided in this section. The district is hereby authorized to
1995	covenant with the holders of such assessment bonds or other
1996	obligations that it will diligently and faithfully enforce and
1997	collect all the special assessments and interest and penalties
1998	thereon for which such certificates of indebtedness or
1999	assessment liens have been deposited in or assigned to such fund
2000	and to foreclose such assessment liens so assigned to such
2001	special fund or represented by the certificates of indebtedness
2002	deposited in said special fund, after such assessment liens have
2003	become delinquent, and deposit the proceeds derived from such
2004	foreclosure, including interest and penalties, in such special
2005	fund, and to make any other covenants deemed necessary or
2006	advisable in order to properly secure the holders of such
2007	assessment bonds or other obligations.
2008	(3)  The assessment bonds or other obligations issued
2009	pursuant to this section shall have such dates of issue and
2010	maturity as shall be deemed advisable by the board, provided,
2011	however, that the maturities of such assessment bonds or other
2012	obligations shall not be more than 2 years after the due date of
2013	the last installment which will be payable on any of the special
2014	assessments for which such assessment liens, or the certificates
2015	of indebtedness representing such assessment liens, are assigned
2016	to or deposited in such special fund.
2017	(4)  Such assessment bonds or other obligations issued
2018	under this section shall bear such interest as the board may
2019	determine not to exceed 10 percent per year, shall be executed,
2020	shall have such provisions for redemption prior to maturity, and
2021	shall be sold in the manner and be subject to all of the
2022	applicable provisions contained in this act for revenue bonds,
2023	except as the same may be inconsistent with the provisions of
2024	this section.
2025	(5)  All assessment bonds or other obligations issued under
2026	the provisions of this act, except certificates of indebtedness
2027	issued against separate lots or parcels of land or property as
2028	provided in this section, shall be and constitute and have all
2029	the qualities and incidents of negotiable instruments under the
2030	law merchange and the laws of the state.
2031	Section 44.  Foreclosure of liens.--Any lien in favor of
2032	the district arising under chapter 298, Florida Statutes, or
2033	under this act may be foreclosed by the district by foreclosure
2034	proceedings in the name of the district in the circuit court in
2035	like manner as is provided in chapter 173, Florida Statutes, and
2036	amendments thereto, and the provisions of said chapter shall be
2037	applicable to such proceedings with the same force and effect as
2038	if said provisions were expressly set forth in this act. Any act
2039	required or authorized to be done by or on behalf of a city or
2040	town in foreclosure proceedings under chapter 173, Florida
2041	Statutes, may be performed by such officer or agent of the
2042	district as the board of supervisors may designate. Such
2043	foreclosure proceedings may be brought at any time after the
2044	expiration of 1 year after the date any tax, or installment
2045	thereof, becomes delinquent.
2046	Section 45.  Payment of taxes and redemption of tax liens
2047	by the district; sharing in proceeds of tax sale under section
2048	194.21, Florida Statutes, as amended.--
2049	(1)  The district has the right to:
2050	(a)  Pay any delinquent state, county, district, municipal,
2051	or other tax or assessment upon lands located wholly or
2052	partially within the boundaries of the district.
2053	(b)  Redeem or purchase any tax sales certificate issued or
2054	sold on account of any state, county, district, municipal, or
2055	other taxes or assessments upon lands located wholly or
2056	partially within the boundaries of the district.
2057	(2)  Delinquent taxes paid, or tax sales certificates
2058	redeemed or purchased, by the district, together with all
2059	penalties for the default in payment of the same and all costs
2060	in collecting the same and a reasonable attorney?s fee, shall
2061	constitute a lien in favor of the district of equal dignity with
2062	the liens of state and county taxes and other taxes of equal
2063	dignity with state and county taxes, upon all the real property
2064	against which said taxes were levied. The lien of the district
2065	may be foreclosed in the manner provided in this act.
2066	(3)  In any sale of land pursuant to section 194.21,
2067	Florida Statutes, and amendments thereto, the district may
2068	certify to the clerk of the circuit court of the county holding
2069	such sale, the amount of taxes due to the district upon the
2070	lands sought to be sold, and the district shall share in the
2071	disbursement of the sales proceeds in accordance with the
2072	provisions of this act and under law.
2073	Section 46.  Mandatory use of certain district facilities
2074	and services.--The district may require all lands, buildings,
2075	and premises, and all persons, firms, and corporations within
2076	the district to use the drainage, reclamation, and water and
2077	sewer facilities of the district. Subject to such exceptions as
2078	may be provided by the resolutions, rules, or bylaws of the
2079	board, and subject to the terms and provisions of any resolution
2080	authorizing any bonds and agreements with bondholders, no
2081	drainage and reclamation or water and sewer facilities shall be
2082	constructed or operated within the district unless the board
2083	gives its consent thereto and approves the plans and
2084	specifications therefor.
2085	Section 47.  Bids required.--No contract shall be let by
2086	the board for the construction or maintenance of any project
2087	authorized by this act, nor shall any goods, supplies, or
2088	materials be purchased when the amount thereof to be paid by
2089	said district shall exceed $4,000, unless notice of bids shall
2090	be advertised once a week for 2 consecutive weeks in a newspaper
2091	published in Broward County and in general circulation in the
2092	district, and in each case the bid of the lowest responsible
2093	bidder shall be accepted, unless all bids are rejected because
2094	the bids are too high. The board may require the bidders to
2095	furnish bond with responsible surety to be approved by the
2096	board. Nothing in this section shall prevent the board from
2097	undertaking and performing the construction, operation, and
2098	maintenance of any project or facility authorized by this act,
2099	by the employment of labor, material, and machinery.
2100	Section 48.  Maintenance of projects across rights-of-
2101	way.--The district shall have the power to construct and operate
2102	its projects in, along, or under any dedications to the public,
2103	platted rights-of-way, platted reservations, streets, alleys,
2104	highways, or other public places or ways, and across any drain,
2105	ditch, canal, floodway, holding basin, excavation, grade, fill,
2106	or cut, within or without the district.
2107	Section 49.  Agreements with state commissions and
2108	others.--The board shall have the power to retain and enter into
2109	agreements with fiscal agents, financial advisors, state
2110	commissions, engineers, and other consultants or advisors with
2111	respect to the issuance and sale of any bonds, and the cost and
2112	expense thereof may be treated as part of the cost and expense
2113	of such project. Upon request of the board any state commission
2114	may provide such technical assistance or other services relating
2115	to bond issues as may be necessary or desirable under the
2116	circumstances.
2117	Section 50.  Agreements with other political bodies for the
2118	joint discharge of common functions.--The board and any other
2119	political bodies, whether now in existence or hereafter created,
2120	are authorized to enter into and carry into effect contracts and
2121	agreements relating to the common powers, duties, and functions
2122	of the board and any other political bodies, to the end that
2123	there may be effective cooperation and coordination in
2124	discharging their common functions, powers, and duties.
2125	Section 51.  Fees, rentals, and charges; procedure for
2126	adoption and modifications; minimum revenue requirements.--
2127	(1)  The district is authorized to prescribe, fix,
2128	establish, and collect rates, fees, rentals, or other charges
2129	(hereinafter sometimes referred to as ?revenues?), and to revise
2130	the same from time to time, for the facilities and services
2131	furnished by the district, within or without the limits of the
2132	district; including, but not limited to, drainage facilities,
2133	recreation facilities, and water and sewer systems, to recover
2134	the costs of making connection with any district facility or
2135	system; and to provide for reasonable penalties against any user
2136	or property for any such rates, fees, rentals, or other charges
2137	that are delinquent.
2138	(2)  No such rates, fees, rentals, or other charges for any
2139	of the facilities or services of the district shall be fixed
2140	until after a public hearing at which all the users of the
2141	proposed facility or services or owners, tenants, or occupants
2142	served or to be served thereby and all other interested persons
2143	shall have an opportunity to be heard concerning the proposed
2144	rates, fees, rentals, or other charges. Notice of such public
2145	hearing setting forth the proposed schedule or schedules of
2146	rates, fees, rentals, and other charges shall have been
2147	published in a newspaper in Broward County and of general
2148	circulation in the district at least once at least 10 days prior
2149	to such public hearing, which may be adjourned from time to
2150	time. After such hearing such schedule or schedules, either as
2151	initially proposed, or as modified or amended, may be finally
2152	adopted. A copy of the schedule or schedules of such rates,
2153	fees, rentals, or charges as finally adopted shall be kept on
2154	file in an office designated by the board and shall be open at
2155	all reasonable times to public inspection. The rates, fees,
2156	rentals, or charges so fixed for any class of users or property
2157	served shall be extended to cover any additional users or
2158	properties thereafter served which shall fall in the same class,
2159	without the necessity of any notice or hearing. Any change or
2160	revision of rates, fees, rentals, or charges may be made in the
2161	same manner as the same were originally established, as
2162	hereinabove provided, except that if such changes or revisions
2163	are made substantially pro rata as to all classes of the type of
2164	service involved no notice or hearing shall be required.
2165	(3)  Such rates, fees, rentals, and charges shall be just
2166	and equitable and uniform for users of the same class, and where
2167	appropriate may be based or computed either upon the amount of
2168	service furnished or upon the number or average number of
2169	persons residing or working or otherwise occupying the premises
2170	served, or upon any other factor affecting the use of the
2171	facilities furnished, or upon any combination of the foregoing
2172	factors, as may be determined by the board on an equitable
2173	basis.
2174	(4)  The rates, fees, rentals, or other charges prescribed
2175	shall be such as will produce revenues, together with any other
2176	assessments, taxes, revenues, or fund available or pledged for
2177	such purpose, at least sufficient to provide for the items
2178	hereinafter listed, but not necessarily in the order stated:
2179	(a)  To provide for all expenses of operation and
2180	maintenance of such facility or service.
2181	(b)  To pay when due all bonds and interest thereon for the
2182	payment of which such revenues are, or shall have been, pledged
2183	or encumbered, including reserves for such purpose.
2184	(c)  To provide for any other funds which may be required
2185	under the resolution or resolutions authorizing the issuance of
2186	bonds pursuant to this act.
2187	(5)  The board shall have the power to enter into contracts
2188	for the use of the projects of the district and with respect to
2189	the services and facilities furnished or to be furnished by the
2190	district, including, but not limited to, service agreements with
2191	landowners and others within or without the district providing
2192	for the drainage of land by the district or the furnishing of
2193	any of the other services and facilities of the district, for
2194	such consideration and on such other terms and conditions as the
2195	board may approve. No hearing or notice thereof shall be
2196	required prior to the authorization or execution by the board of
2197	any such contract or agreement, and the same shall not be
2198	subject to revision except in accordance with their terms. Such
2199	contracts or agreements, and revenues or service charges
2200	received or to be received by the district thereunder, may be
2201	pledged as security for any of the lands of the district.
2202	Section 52.  Recovery of delinquent charges.--In the event
2203	that any of the rates, fees, rentals, charges, or delinquent
2204	penalties shall not be paid as and when due and shall be in
2205	default for 30 days or more, the unpaid balance thereof and all
2206	interest accrued thereon, together with reasonable attorney?s
2207	fees and costs, may be recovered by the district in a civil
2208	action.
2209	Section 53.  Discontinuance of service.--In the event that
2210	the fees, rentals, or other charges for the services and
2211	facilities of any project are not paid when due, the board shall
2212	have the power to discontinue and shut off the same until such
2213	fees, rentals or other charges, including interest, penalties,
2214	and charges for the shutting off and discontinuance and the
2215	restoration of such services and facilities, are fully paid, and
2216	for such purposes may enter on any lands, waters, and premises
2217	of any person, firm, corporation, or body, public or private,
2218	within or without the district limits. Such delinquent fees,
2219	rentals, or other charges, together with interest, penalties,
2220	and charges for the shutting off and discontinuance and the
2221	restoration of such services and facilities, and the reasonable
2222	attorney?s fees and other expenses, may be recovered by the
2223	district, which may also enforce payment of such delinquent
2224	fees, rentals, or other charges by any other lawful method of
2225	enforcement.
2226	Section 54.  Action taken on consent of landowners.--Any
2227	action required under this act or under chapter 298, Florida
2228	Statutes, to be taken on public hearing for the purpose of
2229	receiving and passing on objections by landowners may be taken
2230	without such notice or hearing upon the written consent of all
2231	of the landowners affected by such action.
2232	Section 55.  Enforcement and penalties.--The board or any
2233	aggrieved person may have recourse to such remedies in law and
2234	equity as may be necessary to ensure compliance with the
2235	provisions of this act, including injunctive relief to enjoin or
2236	restrain any person violating the provisions of this act; and
2237	any bylaws, resolutions, regulations, rules, codes, and orders
2238	adopted under this act. In case any building or structure is
2239	erected, constructed, reconstructed, altered, repaired,
2240	converted, or maintained, or any building, structure, land, or
2241	water is used, in violation of this act, or of any code, order,
2242	resolution or other regulation made under authority conferred by
2243	this act or under law, the board and any citizen residing in the
2244	district may institute any appropriate action or proceeding to
2245	prevent such unlawful erection, construction, reconstruction,
2246	alteration, repair, conversion, maintenance, or use; to
2247	restrain, correct, or avoid such violation; to prevent the
2248	occupancy of such building, structure, land, or water; and to
2249	prevent any illegal act, conduct, business, or use in or about
2250	such premises, land, or water.
2251	Section 56.  Suits against the district.--No suit or action
2252	shall be brought or maintained against the district for damages
2253	arising out of tort or breach of contract, including, without
2254	limitation, any claim arising upon account of an act causing a
2255	wrongful death, unless written notice of such claim is received
2256	within 180 days after receiving the alleged injury given to the
2257	secretary of the board, with detailed specifications as to the
2258	time, place, and manner of injury. No such suit or action shall
2259	be brought or maintained unless brought within 24 months after
2260	the time of the injury or damages.
2261	Section 57.  Exemption of district property from
2262	execution.--All district property shall be exempt from levy and
2263	sale by virtue of an execution and no execution or other
2264	judicial process shall issue against such property, nor shall
2265	any judgment against the district be a charge or lien on its
2266	property or revenues, provided that nothing herein contained
2267	shall apply to or limit the rights of bondholders to pursue any
2268	remedy for the enforcement of any lien or pledge given by the
2269	district in connection with any of the bonds or obligations of
2270	the district.
2271	Section 4.  Chapters 71-580, 84-398, 85-387, 87-505, 89-
2272	440, 91-353, 92-245, 94-445, and 96-537, Laws of Florida,
2273	relating to the North Springs Improvement District are repealed.
2274	Section 5.  Severability.--If any one or more of the
2275	sections or provisions of this act or the application of such
2276	sections or provisions to any situation, circumstances, or
2277	person, shall for any reason be held to be unconstitutional,
2278	such unconstitutionality shall not affect any other sections or
2279	provisions as to any other situation, circumstances or person,
2280	and it is intended that this law shall be construed and applied
2281	as if such section or provision had not been included herein for
2282	any unconstitutional application.
2283	Section 6.  This act shall take effect upon becoming a law.

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