HB 1203

1
A bill to be entitled
2An act relating to the St. Johns Water Control District,
3Indian River County; codifying, amending, and reenacting
4special acts relating to the district; fixing and
5prescribing boundaries of said district; making the
6provisions of chapter 298, F.S., applicable thereto;
7providing for the levy, collection, and enforcement of
8installment and maintenance taxes by said district at the
9same time and in like manner as county taxes; providing
10that said taxes shall be extended by the county on the
11county tax roll and shall be collected by the tax
12collector in the same manner and time as county taxes;
13providing for the same discounts and penalties as county
14taxes; providing for the compensation of the county
15property appraiser and tax collector; providing that
16district taxes shall be a lien on lands against which
17taxes are levied of equal dignity with county and other
18taxes; providing that the approval of the board of
19drainage commissioners is not required to issue bonds;
20providing for floating indebtedness of the district;
21providing that payment of taxes in advance is not
22authorized; providing that use of bonds and interest
23coupons in payment of taxes is not authorized; providing
24that the board may enter into certain covenants and
25agreements with holders of bonds; providing that water is
26a common enemy; providing for compensation of the board of
27supervisors; providing additional powers of the board;
28providing for severability of the provisions of the act;
29repealing chapters 65-812 and 69-1162, Laws of Florida,
30relating to the district; providing an effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  (1)  The reenactment of existing law in this
35act shall not be construed as a grant of additional authority to
36nor to supersede the authority of any entity pursuant to law.
37Exceptions to law contained in any special act that are
38reenacted pursuant to this act shall continue to apply.
39     (2)  The reenactment of existing law in this act shall not
40be construed to modify, amend, or alter any covenants,
41contracts, or other obligations of the district with respect to
42bonded indebtedness. Nothing pertaining to the reenactment of
43existing law in this act shall be construed to affect the
44ability of the district to levy and collect taxes, assessments,
45fees, or charges for the purpose of redeeming or servicing
46bonded indebtedness of the district.
47     Section 2.  Chapters 65-812 and 69-1162, Laws of Florida,
48are codified, reenacted, amended, and repealed as provided in
49this act.
50     Section 3.  The St. Johns Water Control District is re-
51created, and the charter for such district is re-created and
52reenacted to read:
53     Section 1.  The decree of the Circuit Court in and for the
54Ninth Judicial Circuit, Indian River County, Florida, entered in
55Case No. 5736 on May 14, 1962, creating and incorporating the
56St. Johns Water Control District, an independent special
57district, under chapter 298, Florida Statutes, and the decree of
58said court revising and correcting the boundaries of the
59district entered on October 25, 1963, and an order correcting a
60clerical error in the decree revising and correcting the
61boundaries of the district on December 27, 1963, and all
62subsequent proceedings taken in said circuit court concerning
63said district are hereby ratified, confirmed, and approved,
64including its territorial boundaries as follows:
65
66From the center of Section 5, township 33 South, Range
6738 East, run West along the centerline of Highway 60
68through Sections 5 and 6, and in Township 33 South,
69Range 37 East continue west along the centerline of
70State Highway 60 through Sections 1, 2, 3, 4, 5 and 6
71to the West boundary of Section 6; thence South along
72the West boundary of Sections 6, 7, 18 and 19 to the
73Southwest corner of Section 19; thence East along the
74south boundary of Section 19 to the Southeast corner
75of said Section 19; thence South along the West
76boundary of Sections 29 and 32 to the Southwest corner
77of Section 32; thence Easterly along the South
78boundary of Sections 32, 33, 34, 35 and 36 to the
79Southeast corner of Section 36, all lying in Township
8033 South, Range 37 East; thence in Township 33 South,
81Range 38 East, run Easterly along the South boundary
82of Sections 31 and 32 to the Southeast corner of
83Section 32; thence run North to the Northeast corner
84of Section 29, Township 33 South, Range 38 East;
85thence run Easterly to the Southeast corner of Section
8621, Township 33 South, Range 38 East; thence Northerly
87along the East boundaries of Sections 21 and 16 to the
88Northeast corner of the Southeast one-quarter (SE 1/4)
89of Section 16, Township 33 South, Range 38 East;
90thence Westerly to the center of Section 16; thence
91Northerly to the Northeast corner of the Northwest
92one-quarter (NW 1/4) of Section 16; thence Westerly to
93the Southeast corner of Section 8; thence North to the
94Northeast corner of Section 8; thence Westerly to the
95Southeast corner of the Southwest one-quarter (SW 1/4)
96of Section 5; thence North to the center of Section 5
97and the point of beginning. Including 27,743.40 acres.
98
99     Section 2.  The provisions of the general drainage laws of
100Florida applicable to drainage districts or subdrainage
101districts which are embodied in chapter 298, Florida Statutes,
102and all of the laws amendatory thereof, now existing or
103hereafter enacted, so far as not inconsistent with this act, are
104hereby declared to be applicable to said St. Johns Water Control
105District.
106     Section 3.  Taxes shall be levied and apportioned as
107provided for in the general drainage laws of Florida (chapter
108298, Florida Statutes, and amendments thereto), except as
109otherwise provided herein. The board of supervisors shall
110determine, order, and levy the amount of the annual installments
111of the total taxes levied under sections 298.50 and 298.54,
112Florida Statutes, which shall become due and be collected during
113each year at the same time that county taxes are due and
114collected, which said annual installment and levy shall be
115evidenced to and certified by the said board not later than
116August l of each year, to Indian River County. Said tax shall be
117extended by the county on the county tax roll and shall be
118collected by the tax collector in the same manner and time as
119county taxes, and the proceeds thereof paid to said district.
120Said tax shall be a lien until paid on the property against
121which assessed, and enforceable in like manner as county taxes.
122     Section 4.  Maintenance taxes as provided for under section
123298.54, Florida Statutes, shall be apportioned upon the basis of
124the net assessments of benefits assessed as accruing for
125original construction, and shall be evidenced to and certified
126by the board of supervisors not later than August 31 of each
127year, to Indian River County, and shall be extended by the
128county on the county tax roll and shall be collected by the tax
129collector in the same manner and time as county taxes and the
130proceeds therefrom paid to said district. Said tax shall be a
131lien until paid on the property against which assessed and
132enforceable in like manner as county taxes.
133     Section 5.  The collection and enforcement of all taxes
134levied by said district shall be at the same time and in like
135manner as county taxes, and the provisions of the Florida
136Statutes relating to the sale of lands for unpaid and delinquent
137county taxes, the issuance, sale, and delivery of tax
138certificates for such unpaid and delinquent county taxes, the
139redemption thereof, the issuance to individuals of tax deeds
140based thereon, and all other procedures in connection therewith,
141shall be applicable to said district and the delinquent and
142unpaid taxes of said district to the same extent as if said
143statutory provisions were expressly set forth in this act. All
144taxes shall be subject to the same discounts as county taxes.
145All discounts allowed shall be a charge against the maintenance
146tax only.
147     Section 6.  All taxes levied by the district shall be and
148become delinquent and bear penalties on the amount of said taxes
149in the same manner as county taxes.
150     Section 7.  (1)  The Property Appraiser of Indian River
151County shall be paid annually an amount equal to 1 percent of
152the total taxes of the district and the Tax Collector of Indian
153River County shall be paid annually an amount equal to 1 percent
154of the total taxes of the district collected for their
155respective services to the St. Johns Water Control District in
156said county for respectively assessing and collecting said
157drainage district taxes, provided, however, that the total
158amount to be paid to said property appraiser and tax collector
159shall be paid from the proceeds of the maintenance tax.
160     (2)  The services of said county property appraiser and
161said county tax collector in assessing and collecting said
162drainage district taxes are hereby declared to be special
163services performed directly for said district and the amounts
164paid therefor shall not be considered a part of the general
165income of their respective offices, nor shall it come under the
166provisions of sections 116.03, 145.10, and 145.11, Florida
167Statutes. The personnel required to do said special work shall
168be paid for such special services by the property appraiser or
169the tax collector, as the case may be, from the receipts
170provided for such purpose.
171     Section 8.  All drainage taxes levied by the district,
172together with all penalties for default in payment of the same
173and all costs in collecting the same, shall constitute a lien of
174equal dignity with the liens for county taxes, and other taxes
175of equal dignity with county taxes, upon all the lands against
176which said taxes shall be levied. A sale of any of the lands
177within the district for county or other taxes shall not operate
178to relieve or release the lands so sold from the lien for
179subsequent installments of district taxes, which lien may be
180enforced against such lands as though no such sale thereof had
181been made.
182     Section 9.  The board of supervisors may issue bonds under
183the provisions of chapter 298, Florida Statutes, without the
184approval of the Board of Drainage Commissioners of the State of
185Florida, as provided for in section 298.47, Florida Statutes.
186     Section 10.  (1)  After the levy of maintenance taxes for
187any year, the board of supervisors may from time to time issue
188warrants or negotiable notes or other evidences of indebtedness
189of the district, which shall be payable solely from such
190maintenance taxes and shall not be issued in an amount greater
191than the amount of such maintenance taxes then unpaid less the
192amount of any of such notes then outstanding. All such notes
193shall mature not later than 1 year from the date of issuance
194thereof, shall bear interest at a rate or rates not exceeding 6
195percent per annum, and shall have such other details as shall be
196provided in the resolution or resolutions of the board of
197supervisors authorizing the issuance thereof.
198     (2)  After the authorization of any bonds under the
199provisions of chapter 298, Florida Statutes, the board of
200supervisors may from time to time issue bond anticipation notes
201in anticipation of the issuance of such bonds, and the amount
202thereof shall not exceed the amount of bonds authorized and not
203issued. Such notes shall all mature not later than 1 year after
204the date thereof and may be renewed for a further period not
205exceeding 1 year, but all of such notes, including the renewals
206thereof, shall mature not later than 2 years from the date
207thereof. Such bond anticipation notes shall be paid from the
208proceeds of such bonds when issued, or from any taxes levied for
209the payment of such bonds which have been authorized, but in
210such case a like amount of the bonds authorized shall not be
211issued. The proceeds of any bond anticipation notes shall be
212used solely for the purposes provided in the resolution which
213authorized the issuance of the bonds in anticipation of which
214bond anticipation notes are issued.
215     Section 11.  The provisions of section 298.73, Florida
216Statutes, and amendments and successors thereof, relating to the
217use of bonds and obligations in payment of drainage taxes, shall
218not be applicable to said district and its bonds, obligations,
219and taxes.
220     Section 12.  The board of supervisors of the district shall
221have the power, in the resolution or other proceedings
222authorizing the issuance of any bonds, to enter into valid and
223legally binding covenants and agreements with the holders of
224such bonds as to the custody and security of the proceeds of
225said bonds, or of any bond anticipation notes issued in
226anticipation thereof, the custody and security of any debt
227service funds, including reserves, and the appointment of banks
228or trust companies as trustee to hold such construction funds
229and debt service and reserve funds, the rank or priority as
230between the bonds originally issued by the district, and any
231bonds thereafter issued and terms and conditions under which any
232bonds can be issued by the district after the original bonds or
233notes have been issued to finance the cost of the drainage
234improvements or works, and such other covenants and conditions
235as shall be deemed necessary and advisable by the board of
236supervisors in accordance with bond market practices and in
237order to better secure the payment of such bonds and the
238marketability thereof. All such covenants and agreements shall
239be and constitute valid and legally binding obligations of the
240district and the state does hereby covenant that it will not by
241any legislation hereafter in any manner repeal, modify, or
242impair the rights, remedies, and security of the holders of any
243bonds or other obligations issued by the district.
244     Section 13.  The district shall also have power to covenant
245and agree with the holders of such bonds that all of the fees
246and expenses for the levy and collection of taxes in said
247district and of any trustees or other custodians of the bond
248proceeds or of the construction funds or debt service funds or
249reserves therefor, or the cost of the expenses of any annual
250audits or of any other annually recurring services or costs
251shall be paid from the maintenance taxes to be collected in each
252year with said district and not from the proceeds of any bonds
253or other obligations issued by said district.
254     Section 14.  It is hereby declared that, in said district,
255surface waters, which shall include rainfall and the overflow of
256rivers and streams, are a common enemy, and the said district
257and any individual or agency holding a permit to do so from said
258district shall have the right to dike, dam, and construct levees
259to protect the said district or any part thereof, or the
260property of said individual or agency against the same, and
261thereby divert the course and flow of such surface water and or
262pump the water from within such dikes and levees.
263     Section 15.  Each supervisor shall be paid for his or her
264services a per diem of $25 for each day actually engaged in work
265pertaining to the said district; but the said supervisors shall
266not in any one month be paid more than $100 each, except that in
267addition to the said per diem, they shall be paid 10 cents per
268mile for each mile actually traveled in going to and from their
269place of residence to the place of meeting.
270     Section 16.  It shall be unlawful for any person, firm, or
271corporation to connect or to maintain a connection of any farm
272ditch with any of the canals, ditches, laterals, or waterways
273constructed, controlled, or maintained by St. Johns Water
274Control District in Indian River County, except in accordance
275with plans and specifications showing the method of such
276connection as prescribed by the board of supervisors of said
277district. Any violation of this act shall be punished as
278prescribed by the general law for punishment of misdemeanors.
279The board of supervisors shall also have the right and power to
280cause any such connection constructed or maintained in violation
281of this act to be blocked or stopped up.
282     Section 17.  The Board of Supervisors of St. Johns Water
283Control District in Indian River County, in order to effect the
284drainage, reclamation, and protection of lands in said district,
285is hereby authorized to construct, install, and maintain locks,
286dams, and other works and facilities in the canals, ditches, and
287drains in said district and elsewhere.
288     Section 18.  The St. Johns Water Control District is hereby
289authorized to grant such permits as it shall deem proper in
290allowing any access over, under, or across its lands.
291     Section 19.  In case any one or more of the sections or
292provisions of this act or the application of such sections or
293provisions to any situation, circumstance, or person shall for
294any reason be held to be unconstitutional, such
295unconstitutionality shall not affect any other sections or
296provisions to any other situation, circumstance, or person, and
297it is intended that this law shall be construed and applied as
298if such section or provision had not been included herein for
299any unconstitutional application.
300     Section 4.  Chapters 65-812 and 69-1162, Laws of Florida,
301are repealed.
302     Section 5.  This act shall take effect upon becoming a law.


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