HB 1421

1
A bill to be entitled
2An act relating to Indian River Farms Water Control
3District, Indian River County; codifying, amending,
4reenacting, and repealing special acts relating to the
5district; providing territorial boundaries of the
6district; making the provisions of ch. 298, F.S.,
7applicable thereto; providing for the levy, collection,
8and enforcement of installment and maintenance taxes by
9said district at the same time and in like manner as
10county taxes; providing that said taxes shall be extended
11by the county on the county tax roll and shall be
12collected by the tax collector in the same manner and time
13as county taxes; providing for the same discounts and
14penalties as county taxes; providing for the compensation
15of the tax collector; providing that district taxes shall
16be a lien on lands against which taxes are levied of equal
17dignity with county and other taxes; providing that the
18approval of the board of drainage commissioners is not
19required to issue bonds; providing for floating
20indebtedness of the district; providing that payment of
21taxes in advance is not authorized; providing that use of
22bonds and interest coupons in payment of taxes is not
23authorized; providing that water is a common enemy;
24providing for compensation of the board of supervisors;
25providing for fines for introducing pollutants into the
26waters of the district; providing for severability;
27providing an effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Pursuant to section 189.429, Florida Statutes,
32this act constitutes the codification of all special acts
33relating to the Indian River Farms Water Control District,
34hereinafter referred to as the "district," together with the
35decree creating and incorporating the district. It is the intent
36of the Legislature in enacting this law to provide a single,
37comprehensive special act charter for the district, including
38all current legislative authority granted to the district by its
39several legislative enactments, any additional authority granted
40by this act, and authority granted by applicable general law.
41     Section 2.  Chapters 8882 (1921), 9988 (1923), 10693
42(1925), 12057 (1927), 12058 (1927), 14737 (1931), 16048 (1933),
4317066 (1935), 19188 (1939), 23906 (1947), 28403 (1953), 57-1104,
4463-832, and 67-843, Laws of Florida, are codified, reenacted,
45amended, and repealed as provided in this act.
46     Section 3.  The Indian River Farms Water Control District
47is re-created, and the charter for such district is re-created
48and reenacted to read:
49     Section 1.  The decree of the Circuit Court in and for the
50Fifteenth Judicial Circuit, St. Lucie County, entered in the
51case captioned "In re: Indian River Farms Drainage District" on
52May 6, 1919, creating and incorporating the Indian River Farms
53Water Control District under chapter 6458 (1913), Laws of
54Florida, and the order of said court approving the report of the
55district commissioners entered on August 18, 1921, and all
56subsequent proceedings taken in said circuit court concerning
57said district are hereby ratified, confirmed, and approved,
58including its territorial boundaries as follows:
59
60Begin at the Northwest corner of Township 32 S. R. 39
61E.; Thence East to the northwest corner of northeast
62quarter of Section 5, Township 32 S. R. 39 E; Thence
63North to the northwest corner of northeast quarter of
64Section 32, Township 31 S. R. 39 E.; Thence East to
65the northwest corner of Section 33, Township 31 S. R.
6639 E.;  Thence South to the northwest corner of the
67southwest quarter of the northwest quarter of Section
6833, Township 31 S. R. 39 E.; Thence East to the
69Northeast corner of the southwest quarter to the
70northwest quarter of said Section 33; Thence South to
71the northeast corner of the northwest quarter of the
72southwest quarter of said Section 33; Thence East to
73the northeast corner of the west half of the northeast
74quarter of the southwest quarter of said Section 33;
75Thence South to the southeast corner of the west half
76of the northeast quarter of the northwest quarter of
77said Section 33; Thence East to the northeast corner
78of the southeast quarter of the southwest quarter of
79said Section 33; Thence South to the southeast corner
80of the northeast quarter of the northwest quarter of
81Section 4, Township 32 S. R. 39 E.; Thence East to the
82northeast corner of the west half of the southwest
83quarter of the northeast quarter of said Section 4;
84Thence South to the southeast corner of the west half
85of the northwest quarter of the southeast quarter of
86said Section 4; Thence East to the northeast corner of
87the southwest quarter of the southeast quarter of said
88Section 4; Thence South to the southeast corner of the
89southwest quarter of the southeast quarter of said
90Section 4; thence East to the northeast corner of the
91west half of the northeast quarter of the northeast
92quarter of Section 9, Township 32 S. R. 39 E.; Thence
93South to the southeast corner of the west half of the
94northeast quarter of the northeast quarter of said
95Section 9; Thence East to the northeast corner of the
96southeast quarter of the northeast quarter of said
97Section 9; Thence South to the southeast corner of the
98southeast quarter of the northeast quarter of said
99Section 9; Thence East to the northeast corner of the
100west half of the northwest quarter of the southwest
101quarter of Section 10, Township 32 S. R. 39 E.; Thence
102South to the southeast corner of the west half of the
103northwest quarter of the southwest quarter of said
104Section 10; Thence East to the northeast corner of the
105southwest quarter of the southwest quarter of said
106Section 10; Thence South to the southeast corner of
107the southwest quarter of the southwest quarter of said
108Section 10;  Thence East to the northeast corner of
109the west half of the northeast quarter of the
110northwest quarter of Section 15, Township 32 S. R. 39
111E.; Thence South to the southeast corner of the west
112half of the northeast quarter of the northwest quarter
113of said Section 15; Thence East to the northeast
114corner of the southeast quarter of the northwest
115quarter of said Section 15; Thence South to the
116southeast corner of the northwest quarter of said
117Section 15; Thence East to the northeast corner of the
118west half of the northwest quarter of the southeast
119quarter of said Section 15; Thence South to the
120southeast corner of the west half of the northwest
121quarter of the southeast quarter of said Section 15;
122Thence East to the northeast corner of the southwest
123quarter of the southeast quarter of said Section 15;
124Thence South to the southeast corner of the northwest
125quarter of the northeast quarter of Section 22,
126Township 32 S. R. 39 E.;  Thence East to the northeast
127corner of the west half of southeast quarter of
128northeast quarter of said Section 22; Thence South to
129the southeast corner of west half of southeast quarter
130of southeast quarter of said Section 22;  Thence East
131 to the northeast corner of Section 27, Township 32 S.
132R. 39 E.; Thence South to the southeast corner of
133northeast quarter of northeast quarter of said Section
13427; Thence East to the northeast corner of west half
135of the southwest quarter of the northwest quarter of
136Section 26, Township 32 S R. 39 E.; Thence South to
137the southeast corner of the west half of southwest
138quarter of the northwest quarter of said Section 26;
139Thence East to the northeast corner of the northwest
140quarter of the southwest quarter of said Section 26;
141Thence South to the southeast corner of the southwest
142quarter of the southwest quarter of said Section 26;
143Thence East to the northeast corner of west half of
144the northeast quarter of northwest quarter of Section
14535, Township 32 S. R. 39 E.; Thence South to the
146southeast corner of the west half of northeast quarter
147of the northwest quarter of said Section 35; Thence
148East to the northeast corner of the southeast quarter
149of northwest quarter of said Section 35; Thence South
150to the southeast corner of northwest quarter of said
151Section 35; Thence East on the center line of Sections
15235 and 36, Township 32 S. R. 39 E., and along the
153center line of Section 31, Township 32 S. R. 40 E. to
154the water's edge of Indian River; Thence southerly
155along the water's edge of the Indian River to the
156north line of Township 33 S. R. 40 E.; Thence West
157along said township line to the northeast corner of
158the west half of the west half of Section 1, Township
15933 S. R. 39 E.; Thence South to the southeast corner
160of west half of west half of said Section 1; Thence
161west to the northwest corner of Section 12, Township
16233 S. R. 39 E.; Thence South to the southwest corner
163of the northwest quarter of the northwest quarter of
164said Section 12; Thence East to the northeast corner
165of the west half of the southwest quarter of the
166northwest quarter of said Section 12; Thence South to
167the southeast corner of the west half of the northwest
168quarter of the southwest quarter of said Section 12;
169Thence East to the northeast corner of southwest
170quarter of the southwest quarter of said Section 12;
171Thence South to the southeast corner of the northwest
172quarter of the northwest quarter of Section 13,
173Township 33 S. R. 39 E.; Thence East to the northeast
174corner of the west half of the southeast quarter of
175the northwest quarter of said Section 13; Thence South
176to the southeast corner of west half of the southeast
177quarter of the northwest quarter of said Section 13;
178Thence East to the northeast corner of the southwest
179quarter of said Section 13; Thence South to the
180southeast corner of the northeast quarter of the
181southwest quarter of said Section 13; Thence East to
182the northeast corner of the west half of the southwest
183quarter of the southeast quarter of said Section 13;
184Thence South to the southeast corner of the west half
185of the northwest quarter of the northeast quarter of
186Section 24, Township 33  S. R. 39 E.; Thence East to
187the northeast corner of southwest quarter of the
188northeast quarter of said Section 24; Thence South to
189the southeast corner of the southwest quarter of the
190northeast quarter of said Section 24; Thence East to
191the northeast corner of the west half of the northeast
192quarter of the southeast quarter of said Section 24;
193Thence South to the southeast corner of the west half
194of the southeast quarter of the northeast quarter of
195Section 25, Township 33 S. R. 39 E.; Thence East to
196the northeast corner of the southeast quarter of said
197Section 25; Thence South to the southeast corner of
198the northeast quarter of the southeast quarter of said
199Section 25; Thence East to the northeast corner of the
200west half of the southwest quarter of the southwest
201quarter of Section 30, Township 33 S. R. 40 E.; Thence
202South to the southeast corner of west half of the
203southwest quarter of the southwest quarter of said
204Section 30; Thence East to the northeast corner of the
205northwest quarter of the northwest quarter of Section
20631, Township 33 S. R. 40 E.; Thence South to the
207southeast corner of the southwest quarter of the
208northwest quarter of said Section 31;  Thence East to
209the northeast corner of the west half of the northeast
210quarter of the southwest quarter of said Section 31;
211Thence South to the southeast corner of the west half
212of the northeast quarter of the southwest quarter of
213said Section 31; Thence East to the northeast corner
214of the southeast quarter of the southwest quarter of
215said Section 31; Thence South to the southeast corner
216of the southwest quarter of said Section 31, Township
21733 S. R. 40 E.; Thence West along Township lines nine
218miles more or less to the southwest corner of the
219southeast quarter of Section 34, Township 33 S. R. 38
220E.; Thence North to the northwest corner of the
221northeast quarter of Section 34, Township 33 S. R. 38
222E.; Thence West to the southwest corner of Section 27,
223Township 33 S. R. 38 E.; Thence North to the southeast
224corner of  Section 9, Township 33 S. R. 38 E.; Thence
225West to the southwest corner of Section 9, Township 33
226S. R. 38 E.; Thence North to the southeast corner of
227Section 5, Township 33 S. R. 38 E.; Thence West to the
228southwest corner of  southeast quarter of Section 5,
229Township 33 S. R. 38 E.; Thence North on center line
230of Section 5 to northwest corner of northeast quarter
231of Section 5, Township 33 S. R. 38 E.; Thence East
232along Township line to the northwest corner of
233Township 33 S. R. 39 E.; Thence North to the northwest
234corner of Township 32 S. R. 39 E., being the point of
235beginning.
236
237The foregoing boundaries containing and including the
238following lands, to wit:
239The East half of Section 32, Township 31 S. R. 39 E.;
240
241The Southwest quarter of northwest quarter; the
242northwest quarter of southwest quarter; the west half
243of northeast quarter of southwest quarter; the south
244half of southwest quarter; all in Section 33, Township
24531 S. R. 39 E.;
246
247Sections 5, 6, 7, 8, 16, 17, 18, 19, 20, 21, 27, 28,
24829, 30, 31, 32, 33, and 34, all in Township 32 S. R.
24939 E;
250
251The West half of Section 4, Township 32 S. R. 39 E.;
252
253The West half of southwest quarter of northeast
254quarter; the west half of northwest quarter of
255southeast quarter; the southwest quarter of southeast
256quarter; all in Section 4, Township 32 S. R. 39 E.;
257
258All of Section 9, Township 32 S. R. 39 E., except the
259east half of northeast quarter of northeast quarter of
260said section;
261
262The West half of northwest quarter of southwest
263quarter; and the southwest quarter of southwest
264quarter; all in Section 10, Township 32 S. R. 39 E.;
265
266All of the West half of Section 15, Township 32 S. R.
26739 E., except the east half of the northeast quarter
268of northwest quarter of said Section;
269
270The West half of northwest quarter of southeast
271quarter; and the southwest quarter of the southeast
272quarter; all in Section 15, Township 32 S. R. 39 E.;
273
274The West half of Section 22; the west half of the
275northeast quarter of Section 22, and the west half of
276the southeast quarter of Section 22; all in the
277township 32 S. R. 39  E.;
278
279The West half of southeast quarter of the northeast
280quarter; and the west half of the east half of the
281southeast quarter; all in Section 22, Township 32 S.
282R. 39 E.;
283
284The West half of southwest quarter of northwest
285quarter; and the west half of southeast quarter; all
286in Section 26, Township 32 S. R. 39 E.;
287
288The West half of Section 35, Township 32 S. R. 39 E.;
289except the east half of the northeast quarter of
290northwest quarter of said Section;
291
292The Southeast quarter of Section 35, Township 32, S.
293R. 39 E.;
294
295The South half of Section 36, Township 32 S. R. 39 E.;
296
297Lots 5 and 6 of Section 31, Township 32 S. R. 40 E.;
298
299Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16,
30017, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31,
30132, 33, 34, 35 and 36, all in Township 33 S. R. 39 E;
302
303The West half of west half of Section 1, Township 33
304S. R. 39 E.;
305
306The West half of southwest quarter of northwest
307quarter; the west half of northwest quarter of
308southwest quarter; the southwest quarter of southwest
309quarter; all in Section 12, Township 33 S. R. 39 E.;
310
311The West half of northwest quarter; the west half of
312southeast quarter of northwest quarter; the southwest
313quarter; the west half of southwest quarter of
314southeast quarter; all in Section 13, Township 33, S.
315R. 39 E.;
316
317The Northwest quarter; the southwest quarter; the west
318half of the northwest quarter of northeast quarter;
319the southwest quarter of northeast quarter; the west
320half of southeast quarter; the west half of northeast
321quarter of southeast quarter; the west half of
322southeast quarter of southeast quarter; all in Section
32324, Township 33 S. R. 39 E.;
324
325All of Section 25, Township 33 S. R. 39 E., except the
326east half of the east half of the northeast quarter of
327said Section;
328
329The West half of the southwest quarter of the
330southwest quarter of Section 30, Township 33 S. R. 40
331E.;
332
333The West half of the northwest quarter; the west half
334of the southwest quarter; the west half of the
335northeast quarter of the southwest quarter; the
336southeast quarter of the southwest quarter; all in
337Section 31, Township 33 S. R. 40 E.
338
339Sections 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 22,
34023, 24, 25, 26, 27, 35 and 36, all in Township 33 S.
341R. 38 E.;
342
343The East half of Section 5, Township 33 S. R. 38 E.;
344
345The East half of Section 34, Township 33 S. R. 38 E.
346
347     Section 2.  All of the acts and proceedings of the board of
348supervisors and all officers and agents of Indian River Farms
349Water Control District in Indian River County acting for and on
350behalf of said district be and they are hereby ratified,
351approved, validated, and confirmed.
352     Section 3.  The provisions of the general drainage laws of
353this state applicable to drainage districts or subdrainage
354districts which are embodied in chapter 298, Florida Statutes,
355and all of the laws amendatory thereof, now existing or
356hereafter enacted, so far as not inconsistent with this act, are
357hereby declared to be applicable to said Indian River Farms
358Water Control District, except as may be otherwise herein
359provided.
360     Section 4.  Taxes shall be levied and apportioned as
361provided for in the general drainage laws of this state, which
362are embodied in chapter 298, Florida Statutes, and amendments
363thereto, except as otherwise provided herein.
364     Section 5.  Maintenance taxes as provided for under section
365298.54, Florida Statutes, shall be apportioned upon the basis of
366the net assessments of benefits assessed as accruing for
367original construction, and shall be evidenced to and certified
368by the board of supervisors, not later than August 31 of each
369year, to the Property Appraiser of Indian River County, and
370shall be extended by the county on the county tax roll and shall
371be collected by the tax collector in the same manner and time as
372county taxes and the proceeds therefrom paid to said district.
373Said tax shall be a lien until paid on the property against
374which assessed and enforceable in like manner as county taxes.
375     Section 6.  All taxes levied by the district shall be and
376become delinquent and bear penalties on the amount of said taxes
377in the same manner as county taxes.
378     Section 7.  (1)  Indian River County shall be paid annually
379an amount equal to 1 percent of the total taxes of the district
380and the Tax Collector of Indian River County shall be paid
381annually an amount equal to 1 percent of the total taxes of the
382district collected, for their respective services to the Indian
383River Farms Water Control District in said county for
384respectively assessing and collecting said drainage district
385taxes, provided, however, that the total amount to be paid to
386said county and tax collector in any one year shall not exceed
387the sum of $1,500 to each. All compensation paid the county and
388the tax collector shall be paid from the proceeds of the
389maintenance tax.
390     (2)  The services of said county and said county tax
391collector in assessing and collecting said drainage district
392taxes are hereby declared to be special services performed
393directly for said district and the amounts paid therefor shall
394not be considered a part of the general income of their
395respective offices, nor shall it come under the provisions of
396sections 116.03, 145.10, and 145.11, Florida Statutes. The
397personnel required to do said special work shall be paid for
398such special services by the county or the tax collector, as the
399case may be, from the receipts provided for such purpose.
400     Section 8.  All drainage taxes levied by the district,
401together with all penalties for default in payment of the same
402and all costs in collecting the same, shall constitute a lien of
403equal dignity with the liens for county taxes, and other taxes
404of equal dignity with county taxes, upon all the lands against
405which said taxes shall be levied. A sale of any of the lands
406within the district for county or other taxes shall not operate
407to relieve or release the lands so sold from the lien for
408subsequent installments of district taxes, which lien may be
409enforced against such lands as though no such sale thereof had
410been made.
411     Section 9.  The board of supervisors may issue bonds under
412the provisions of chapter 298, Florida Statutes, without the
413approval of the board of drainage commissioners, as provided for
414in section 298.47, Florida Statutes.
415     Section 10.  (1)  After the levy of maintenance taxes for
416any year, the board of supervisors may from time to time issue
417warrants or negotiable notes or other evidences of indebtedness
418of the district, which shall be payable solely from such
419maintenance taxes and shall not be issued in an amount greater
420than the amount of such maintenance taxes then unpaid less the
421amount of any of such notes then outstanding. All such notes
422shall mature not later than 1 year after the date of issuance
423thereof, shall bear interest at a rate or rates not exceeding 6
424percent per annum, and shall have such other details as shall be
425provided in the resolution or resolutions of the board of
426supervisors authorizing the issuance thereof.
427     (2)  After the authorization of any bonds under the
428provisions of chapter 298, Florida Statutes, the board of
429supervisors may from time to time issue bond anticipation notes
430in anticipation of the issuance of such bonds and the amount
431thereof shall not exceed the amount of bonds authorized and not
432issued. Such notes shall all mature not later than 1 year after
433the date thereof and may be renewed for a further period of not
434exceeding 1 year, but all of such notes, including the renewals
435thereof, shall mature not later than 2 years after the date
436thereof. Such bond anticipation notes shall be paid from the
437proceeds of such bonds when issued, or from any taxes levied for
438the payment of such bonds which have been authorized, but in
439such case a like amount of the bonds authorized shall not be
440issued. The proceeds of any bond anticipation notes shall be
441used solely for the purposes provided in the resolution which
442authorized the issuance of the bonds in anticipation of which
443bond anticipation notes are issued.
444     Section 11.  In preparing the drainage tax book of said
445Indian River Farms Water Control District from year to year, the
446secretary of said district shall insert opposite the description
447of the tract of land to be assessed the name of the person or
448persons or corporation owning said tract on the first day of the
449preceding January to the best of the knowledge and belief of
450said secretary, but any failure to insert the name of the right
451owner shall not invalidate such assessment.
452     Section 12.  In preparing the drainage tax book of said
453Indian River Farms Water Control District from year to year, the
454secretary of said district may describe each tract of land
455according to any plat or subdivision thereof, or by metes and
456bounds, or by any other convenient and feasible manner, stating
457the actual number of acres contained in the tract to the best of
458his or her knowledge, and the owner shall be required to pay
459taxes only upon the acreage as shown by said district tax book.
460     Section 13.  Beginning with the year 1924, the annual
461landowners' meeting for said Indian River Farms Water Control
462District shall be held in the month of February in each
463successive year, on such day as the board of supervisors of said
464district may fix from time to time.
465     Section 14.  It shall be unlawful for any person, firm, or
466corporation to connect or to maintain a connection of any farm
467ditch with any of the canals, ditches, laterals, or waterways
468constructed, controlled, or maintained by Indian River Farms
469Water Control District in Indian River County, except in
470accordance with plans and specifications showing method of such
471connection as prescribed by the board of supervisors of said
472district. Any violation of this act shall be punished as
473prescribed by the general law for punishment of misdemeanors.
474The board of supervisors shall also have the right and power to
475cause any such connection constructed or maintained in violation
476of this act to be blocked or stopped up.
477     Section 15.  The Board of Supervisors of Indian River Farms
478Water Control District in Indian River County, in order to
479effect the drainage, reclamation, and protection of lands in the
480district, is hereby authorized to construct, install, and
481maintain locks, dams, and other works and facilities in the
482canals, ditches, and drains in said district and elsewhere.
483     Section 16.  In order to raise money to pay the cost of
484constructing and installing the water control and water
485conservation works and facilities herein authorized, and to pay
486the principal of and interest on any bonds or other obligations
487which may be issued to provide funds for such purposes, the
488board of supervisors of the district is hereby authorized and
489required to levy, assess, and cause to be collected an annual
490tax on all lands in said district subject to taxation. Such tax
491shall be at a uniform rate for all lands within the district and
492shall be assessed against each acre, fraction, or fractional
493interest therein.
494     Section 17.  It has been ascertained and determined and it
495is hereby declared that the water control and conservation works
496and facilities authorized to be constructed, installed, and
497maintained pursuant to the provisions of this act are for a
498public purpose and will confer benefits upon all lands within
499Indian River Farms Water Control District in an amount at least
500equal to the taxes authorized by the provisions of this act to
501be levied and that all lands in said district will be benefited
502equally by said works and facilities.
503     Section 18.  No landowner in the Indian River Farms Water
504Control District in Indian River County shall be permitted to
505vote at any landowners' meeting of said district for any lands
506in the district on which the drainage taxes are delinquent at
507the time of such meeting.
508     Section 19.  The owners of 25 percent of the acreage
509included in the Indian River Farms Water Control District shall
510be necessary and present in person or by proxy to constitute a
511quorum at any landowners' meeting in said district. In
512determining whether or not a quorum is present at any meeting,
513all lands in the district on which drainage taxes are delinquent
514at the time of such meeting shall be excluded from the
515computation of total acreage in the district and from the
516computation of the total acreage present represented by owners
517present in person or by proxy. A majority of the landowners
518present and voting shall elect the supervisors of said district
519and shall pass any motion and after such passage the same shall
520constitute the action of the landowners.
521     Section 20.  The board of supervisors of said district is
522hereby authorized to assess and levy a minimum drainage tax,
523which said minimum drainage tax shall be at a rate not less than
524the 1-acre tax rate as established by the district from time to
525time. Said minimum drainage tax shall apply to any one parcel
526separately assessed on the tax rolls of said tax district.
527     Section 21.  The Indian River Farms Water Control District
528is herewith authorized and empowered to expend the funds of said
529district as shall be from time to time determined by the board
530of supervisors in clearing, cleaning, and maintaining any and
531all parts of the Indian River and the swamped and submerged
532lands adjacent to any of the canals and works of said district
533in order to improve and facilitate the operations and functions
534of said district.
535     Section 22.  No entity vested with the power of eminent
536domain shall be permitted to take, by eminent domain
537proceedings, for any purpose whatsoever, any property, whether
538in fee, easement, or otherwise, belonging to the Indian River
539Farms Water Control District unless the absolute necessity for
540such taking shall be shown. However, this act shall not apply to
541the United States Government or any of its agencies, to the
542government of the state or any of its agencies, to the
543government of Indian River County or any of its agencies, and to
544the government of the City of Vero Beach or any of its agencies.
545     Section 23.  For the purposes of this act, the term
546"absolute necessity" shall mean that there is no alternative
547route open to the condemning authority or that the cost of the
548alternative route would be prohibitive in comparison to the
549overall cost of the proposed project.
550          Section 24.  The Indian River Farms Water Control District
551is hereby authorized to grant such permits as it shall deem
552proper in allowing any access over, under, or across its lands.
553     Section 25.  The board of supervisors of the district shall
554have power, in the resolution or other proceedings authorizing
555the issuance of any bonds, to enter into valid and legally
556binding covenants and agreements with the holders of such bonds
557as to the custody and security of the proceeds of said bonds, or
558of any bond anticipation notes issued in anticipation thereof,
559the custody and security of any debt service funds, including
560reserves, and the appointment of banks or trust companies as
561trustee to hold such construction funds and debt service and
562reserve funds, the rank or priority as between the bonds
563originally issued by the district and any bonds thereafter
564issued and terms and conditions under which any bonds can be
565issued by the district after the original bonds or notes have
566been issued to finance the cost of the drainage improvements or
567works, and such other covenants and conditions as shall be
568deemed necessary and advisable by the board of supervisors in
569accordance with bond market practices and in order to better
570secure the payment of such bonds and the marketability thereof.
571All such covenants and agreements shall be and constitute valid
572and legally binding obligations of the district, and the state
573does hereby covenant that it will not by any legislation
574hereafter in any manner repeal, modify, or impair the rights,
575remedies, and security of the holders of any bonds or other
576obligations issued by the district.
577     Section 26.  The district shall also have power to covenant
578and agree with the holders of such bonds that all of the fees
579and expenses for the levy and collection of taxes in said
580district and of any trustees or other custodians of the bond
581proceeds or of the construction funds or debt service funds or
582reserves therefor or the cost of the expenses of any annual
583audits or of any other annually recurring services or costs
584shall be paid from the maintenance taxes to be collected in each
585year with said district and not from the proceeds of any bonds
586or other obligations issued by said district.
587     Section 27.  It is hereby declared that in said district,
588surface waters, which shall include rainfall and the overflow of
589rivers and streams, are a common enemy, and the said district
590and any individual or agency holding a permit to do so from said
591district shall have the right to dike, dam, and construct levees
592to protect the said district or any part thereof, or the
593property of said individual or agency against the same, and
594thereby divert the course and flow of such surface water and/or
595pump the water from within such dikes and levees.
596     Section 28.  Each supervisor shall be paid for his or her
597services a per diem of $50 for each day actually engaged in work
598pertaining to the said district, but the supervisors shall not
599in any one month be paid more than $200 each, except that in
600addition to the said per diem, they shall be paid 10 cents per
601mile for each mile actually traveled in going to and from their
602places of residence to the place of meeting.
603     Section 29.  (1)  The district shall also have power to
604levy fines for the introduction of pollutants into the waters of
605the district, for violation of any rule or regulation
606promulgated by the Florida Department of Environmental
607Protection, for violation of the United States Clean Water Act,
60833 U.S.C. ss. 1251-1387, or for violation of the conditions of
609any National Pollutant Discharge Elimination System permit.
610     (2)  If, after notice and an opportunity to be heard by the
611board of supervisors of the district, any person is found and
612determined to have committed any of the foregoing violations,
613the district shall enter an order imposing a fine, or a fine
614plus repair costs, against the violator, and a certified copy of
615the order may be recorded in the public records of Indian River
616County and thereafter shall constitute a lien against the land
617on which the violation exists. Upon petition to the circuit
618court, such order shall be enforceable in the same manner as a
619court judgment by the sheriffs of this state, including
620execution and levy against the personal property of the
621violator, but such order shall not be deemed a court judgment
622except for enforcement purposes. A fine imposed pursuant to this
623section shall continue to accrue until the violator comes into
624compliance or until judgment is rendered in a suit filed
625pursuant to this section, whichever occurs first. A lien arising
626from a fine imposed pursuant to this section runs in favor of
627the district, and the district may execute a satisfaction or
628release of lien entered pursuant to this section. Three months
629after the filing of any such lien which remains unpaid, the
630board may authorize its attorney to foreclose on the lien or to
631sue to recover a money judgment for the amount of the lien plus
632accrued interest. No lien created pursuant to the provisions of
633this section may be foreclosed on real property which is
634homestead under s. 4, Art. X of the State Constitution. No lien
635provided hereunder shall continue for a period longer than 20
636years after the certified copy of an order imposing a fine has
637been recorded, unless within that time an action is commenced in
638a court of competent jurisdiction. In an action to foreclose on
639a lien or for a money judgment, the prevailing party is entitled
640to recover all costs and reasonable attorney's fees that it
641incurs in the action.
642     Section 30.  If any provision of this act or the
643application thereof to any person or circumstance is held
644invalid, the invalidity shall not affect other provisions or
645applications of the act which can be given effect without the
646invalid provision or application, and to this end the provisions
647of this act are declared severable.
648     Section 4.  Chapters 8882 (1921), 9988 (1923), 10693
649(1925), 12057 (1927), 12058 (1927), 14737 (1931), 16048 (1933),
65017066 (1935), 19188 (1939), 23906 (1947), 28403 (1953), 57-1104,
65163-832, and 67-843, Laws of Florida, are repealed.
652     Section 5.  This act shall take effect upon becoming a law.


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