CS/HB 1487

1	A bill to be entitled
2	An act relating to Spring Lake Improvement District,
3	Highlands County; amending chapter 2005-342, Laws of
4	Florida; deleting obsolete language and language
5	inconsistent with or repetitive of general law; providing
6	for minimum charter requirements; amending board,
7	election, and term of office provisions; amending the
8	compensation for board members to comply with general law;
9	deleting obsolete district powers and providing additional
10	district powers including mosquito control, fire and
11	emergency services, and construction and maintenance of
12	school facilities; providing for applicability of general
13	laws; providing a ballot statement; requiring a
14	referendum; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Subsections (1), (3), (12), (13), and (14) of
19	section 1, section 4, subsections (1) and (9) of section 5, and
20	present sections 6, 9, 10, 19, 20, 22, and 48 of section 3 of
21	chapter 2005-342, Laws of Florida, are amended, and new sections
22	10, 11, and 12 are added to that section, to read:
23	Section 1.  Minimum charter requirements.-In accordance
24	with section 189.404(3), Florida Statutes, the following are the
25	minimum requirements for the charter of the Spring Lake
26	Improvement District:
27	(1)  The district is organized and exists for all purposes
28	set forth in this act and chapter 298, Florida Statutes, as they
29	may be amended from time to time, and applicable general law
30	except as herein otherwise provided.
31	(3)  The district was created by the process contained in
32	chapter 298, Florida Statutes, and its powers supplemented by
33	special act.
34	(12)  In accordance with this act and chapter 298, Florida
35	Statutes, the district may continue to levy upon all of the real
36	taxable property in the district a special tax each year as
37	maintenance tax.
38	(13)  The method for collecting non-ad valorem assessments,
39	fees, or service charges shall be as set forth in this act and
40	chapters 197 and 298, Florida Statutes, as they may be amended
41	from time to time.
42	(12)(14)  The district's planning requirements shall be as
43	set forth in chapters 189 and 298, Florida Statutes, as they may
44	be amended from time to time.
45	Section 4.  Applicability of certain provisions of chapter
46	298, Florida Statutes, to the Spring Lake Improvement District;
47	inconsistent laws inapplicable.-The provisions of chapter 298,
48	Florida Statutes, and all amendments thereto, now existing or
49	hereafter enacted, are declared to be applicable to the Spring
50	Lake Improvement District insofar as not inconsistent with the
51	provisions of this act or any subsequent special acts relating
52	to the Spring Lake Improvement District. Notwithstanding the
53	foregoing, the provisions of sections 298.11, 298.12, 298.14,
54	298.15, 298.17, 298.18, 298.19, 298.20, 298.23, 298.24, 298.25,
55	298.365, 298.366, 298.401, 298.41, 298.465, 298.48, 298.52,
56	298.54, 298.56, 298.57, 298.61, 298.70, 298.71, 298.72, 298.73,
57	and 298.74, Florida Statutes, and amendments thereto, shall not
58	be applicable to the Spring Lake Improvement District.
59	Section 5.  Definitions.-Unless the context indicates
60	otherwise, the following words as used in this act shall have
61	the following meanings:
62	(1)  "Assessable improvements" includes, without
63	limitation, any and all drainage and land reclamation works and,
64	facilities, sewer systems, storm sewers and drains, water
65	systems, streets, roads, or other projects of the district, or
66	that portion or portions thereof, local in nature and of special
67	benefit to the premises or lands served thereby, and any and all
68	modifications, improvements, and enlargements thereof.
69	(9)  "Water management and flood control facilities" means
70	any canals, ditches, or other drainage facilities, reservoirs,
71	dams, levees, sluiceways, dredging holding basins, floodways,
72	pumping stations, or any other works, structures, or facilities
73	for the conservation, control, development, utilization, and
74	disposal of water, and any purposes appurtenant, necessary, or
75	incidental thereto, and includes all real and personal property
76	and any interest therein, rights, easements, and franchises of
77	any nature relating to any such water and flood control
78	facilities or necessary or convenient for the acquisition,
79	construction, reconstruction, operation, or maintenance thereof.
80	Section 6.  Board; election; organization, terms of office,
81	quorum; report and minutes.-
82	(1)  The board of the district shall be elected and shall
83	exercise the powers granted to the district under this act and
84	under chapter 298, Florida Statutes. The board shall consist of
85	the number of members, and each member shall hold office for the
86	term of years until his or her successor shall be chosen and
87	shall qualify, as set forth in section 189.4051, Florida
88	Statutes. All members of the board shall be landowners within
89	the district.
90	(2)  The district is governed by a five-member board of
91	supervisors. The composition of the board, as well as the terms
92	of office and qualification of supervisors, shall be determined
93	pursuant to section 189.4051, Florida Statutes. All supervisors
94	shall be landowners within the district.
95	(3)  Those supervisors elected on a one-acre one-vote basis
96	shall be elected at a meeting of the landowners to be held in
97	the month of November of each year. All landowners' meetings
98	shall be held pursuant to sections 298.11 and 298.12, Florida
99	Statutes. The remaining supervisors shall be elected pursuant to
100	section 189.4051, Florida Statutes, and shall be district
101	residents and registered voters.
102	(4)  The terms of office for those supervisors elected on a
103	one-acre one-vote basis shall begin with the next regularly
104	scheduled board meeting following the election. The terms of
105	office for all other supervisors shall begin with the next
106	regularly scheduled board meeting after certification of the
107	election by the Highlands County Supervisor of Elections. Before
108	entering upon his or her official duties, all supervisors
109	(2)  In the month of November of each year commencing
110	November of 1992, there shall be held a meeting of the
111	landowners of the district at a location within the district in
112	Highlands County for the purpose of electing one supervisor for
113	a term of 3 years. The president of the board at the time of the
114	November 1992 election shall have his or her term extended until
115	the November 1994 election. The secretary of the board at the
116	time of the November 1992 election shall have his or her term
117	extended until the November 1993 election. The remaining
118	position of supervisor shall stand for election at the November
119	1992 meeting of landowners. Notice of said landowners meeting
120	shall be published once a week for 2 consecutive weeks in a
121	newspaper in Highlands County which is in general circulation
122	within the district, the last said publication to be not less
123	than 14 days nor more than 28 days before the date of the
124	election. The landowners when assembled at such meeting shall
125	organize by electing a chair who shall conduct the meeting. At
126	such meeting each landowner shall be entitled to cast one vote
127	per acre of land owned by him or her and located within the
128	district, for each person to be elected. A landowner may vote in
129	person or by proxy in writing. Fractions of an acre shall be
130	treated as 1 acre, entitling the landowner to one vote with
131	respect thereto. The person receiving the highest number of
132	votes for the office of supervisor shall be declared elected as
133	such supervisor. The owners and proxy holders of district
134	acreage who are present at a duly noticed landowners meeting
135	shall constitute a quorum for the purpose of holding such
136	election or any election thereafter. The provisions of this
137	section do not exempt the district from the election provisions
138	of section 189.4051, Florida Statutes.
139	(3)  Each supervisor before entering upon his or her
140	official duties shall take and subscribe to an oath of office as
141	prescribed in section 298.13, Florida Statutes.
142	(5)(4)  All supervisors shall hold office for the terms for
143	which they are elected or appointed and until their successors
144	shall be chosen and qualify. In case of a vacancy in the office
145	of any supervisor the remaining supervisor or supervisors (even
146	though less than a quorum) may fill such vacancy by appointment
147	of a new supervisor or supervisors for the unexpired term of the
148	supervisor who vacated his or her office.
149	(6)(5)  As soon as practicable after each election, the
150	board shall organize by choosing one of their number as
151	president of the board and by electing a secretary, who need not
152	be a member of the board.
153	(7)(6)  A majority of the members of the board shall
154	constitute a quorum.
155	(7)  The board shall keep a permanent record book entitled
156	"Record of Proceedings of Spring Lake Improvement District," in
157	which the minutes of all meetings, resolutions, proceedings,
158	certificates, bonds given by all employees, and any and all
159	corporate acts, shall be recorded. Such record book shall at
160	reasonable times be open to the inspection of any landowner,
161	taxpayer, resident, or bondholder of the district, and such
162	other persons as the board may determine to have a proper
163	interest in the proceedings of the board. Such record book shall
164	be kept at any office or other regular place of business
165	maintained by the board in Highlands County.
166	(8)  Whenever any election shall be authorized or required
167	by this act to be held by the landowners at any particular or
168	stated time or day, and if for any reason such election is not
169	held at such time or on such day, then in such event the power
170	or duty to hold such election shall not cease or lapse, but such
171	election shall be held thereafter when practicable, and in
172	accordance with the procedures provided by this act.
173	Section 7.9.  Compensation of board.-Each supervisor shall
174	be entitled to receive for his or her services an amount not to
175	exceed $250 per month, provided such salary is approved by a
176	super majority of the board $100 per month. In addition, each
177	supervisor shall receive reasonable traveling expenses for
178	attending the place of meeting from his or her residence. Unless
179	the board by resolution otherwise provides, such traveling
180	expenses shall not be in excess of the amounts provided by law
181	for state and county officials.
182	Section 8.10.  Powers of the district.-The district shall
183	have, and the board may exercise, any or all of the following
184	powers:
185	(1)  The district shall have the following powers:
186	(a)  To contract and be contracted with; to sue and be sued
187	by its in the name in any court of law or in equity, to make
188	contracts, and of the district; to adopt and use a corporate
189	seal and to alter the same at pleasure.;
190	(b)  To acquire by purchase, gift, or condemnation devise,
191	eminent domain, (except as limited herein), or otherwise,
192	property, real and or personal, property, either or both any
193	estate therein, within or without the district, and to convey
194	and dispose be used for any of such real and personal property,
195	either or both, as may be necessary or convenient to carry out
196	the purposes, or any of the purposes, of this act and chapters
197	189 and 298, Florida Statutes.
198	(c)  To finance, fund, construct, operate, and maintain
199	canals, ditches, drains, levees, lakes, ponds, and other works
200	for water management and control purposes.
201	(2)  To adopt a water control plan; and to establish,
202	construct, operate, and maintain a system of main and lateral
203	canals, drains, ditches, levees, dikes, dams, sluices, locks,
204	revetments, reservoirs, holding basins, floodways, pumping
205	stations, syphons, culverts, and storm sewers to drain and
206	reclaim the lands within the district and to connect some or any
207	of them with roads and bridges as in the judgment of the board
208	is deemed advisable to provide access to such facilities.
209	(3)  To acquire and maintain appropriate sites for storage
210	and maintenance of the equipment of the district and to acquire,
211	maintain, and construct a suitable building to house the office
212	and records of the district.
213	(4)  To clean out, straighten, widen, open up, or change
214	the courses and flow, alter, or deepen any canal, ditch, drain,
215	river, water course, or natural stream as within the judgment of
216	the board is deemed advisable to drain and reclaim lands within
217	the district; to
218	(d)  To finance, fund, acquire, purchase, operate, and
219	maintain pumps, plants, and pumping systems for water management
220	and control drainage purposes.; and
221	(e)  To finance, fund, construct, operate, and maintain
222	irrigation works, and machinery, and plants in connection with
223	the purposes herein set forth.
224	(5)  To regulate and set forth by appropriate resolution
225	the drainage requirements and conditions to be met for plats to
226	be entitled to record on any land within the district, including
227	authority to require as a condition precedent for any platting
228	that good and sufficient bond be posted to ensure proper
229	drainage for the area to be platted.
230	(6)  To borrow money and issue bonds, certificates,
231	warrants, notes, or other evidences of indebtedness of the
232	district as hereinafter provided.
233	(7)  To build and construct any other works and
234	improvements deemed necessary to preserve and maintain the works
235	in or out of the district; to acquire, construct, operate,
236	maintain, use, sell convey, transfer, or otherwise provide for
237	machines and equipment for any purpose authorized by this act or
238	chapter 298, Florida Statutes; and to contract for the purchase,
239	construction, operation, maintenance, use, sale, conveyance, and
240	transfer of said machinery and equipment.
241	(8)  To construct or enlarge, or cause to be constructed or
242	enlarged, any and all bridges or culverts that may be needed in
243	or out of the district, across any drain, ditch, canal,
244	floodway, holding basin, excavation, public highway, tract,
245	grade, fill, or cut; to construct roadways over levees and
246	embankments; to construct any and all of said works and
247	improvements across, through, or over any public right-of-way,
248	highway, grade, fill, or cut in or out of the district.
249	(9)  To hold, control, and acquire by donation, purchase,
250	or condemnation, any easement, reservation, or dedication in the
251	district, for any of the purposes herein provided. To condemn as
252	provided by chapters 73 and 74, Florida Statutes, or acquire, by
253	purchase or grant for use in the district, any land or property
254	within the district necessary for the purposes of this act.
255	(10)  To access and impose an ad valorem tax, an annual
256	drainage tax, and a maintenance tax as hereinafter provided.
257	(11)  To impose and foreclose special assessment liens as
258	hereinafter provided.
259	(12)  To prohibit, regulate, and restrict by appropriate
260	resolution all structures, materials, and things, whether solid,
261	liquid, or gas, whether permanent or temporary in nature, which
262	come upon, come into, connect to, or be a part of any facility
263	owned or operated by the district.
264	(13)  To administer and provide for the enforcement of all
265	of the provisions herein, including the making, adopting,
266	promulgating, amending, and repealing of all rules and
267	regulations necessary or convenient for the carrying out of the
268	duties, obligations, and powers conferred on the district
269	created hereby.
270	(14)  To cooperate with or contract with other drainage
271	districts or other governmental agencies as may be necessary,
272	convenient, incidental, or proper in connection with any of the
273	powers, duties, or purposes of the district as stated in this
274	act.
275	(15)  To employ engineers, attorneys, agents, employees,
276	and representatives as the board of supervisors may from time to
277	time determine necessary and to fix their compensation and
278	duties.
279	(16)  To exercise all of the powers necessary, convenient,
280	incidental, or proper in connection with any of the powers,
281	duties, or purposes of said district as stated in this act.
282	(f)(17)  To finance, fund, construct, improve, pave, and
283	maintain roadways and roads necessary and convenient for the
284	exercise of the powers or duties or any of the powers or duties
285	of the district or the supervisors thereof; and to include as a
286	component of roads, parkways, bridges, landscaping, irrigation,
287	bicycle and jogging paths, street lighting, traffic signals,
288	road striping, and all other customary elements of a modern road
289	system to provide access to and efficient development of areas
290	made suitable and available for cultivation, settlement, urban
291	subdivision, homesites, and other beneficial developments as a
292	result of the drainage operations of the district.
293	(18)  To make use of any public easements, dedications to
294	public use, platted reservations for public purposes, or any
295	reservations for drainage purposes within the boundaries of the
296	district.
297	(19)  To lease as lessor or lessee to or from any person,
298	firm, corporation, association, or body, public or private, any
299	projects of the type that the district is authorized to
300	undertake and facilities or property of any nature for the use
301	of the district to carry out any of the purposes of this act.
302	(20)  To regulate the supply and level of water within the
303	district; to divert waters from one area, lake, pond, river,
304	stream, basin, or drainage or water flood control facility to
305	any other area, lake, pond, river, stream, basin, or drainage
306	and water flood control facility; to regulate control and
307	restrict the development and use of natural or artificial
308	streams or bodies of water, lakes, or ponds; and to take all
309	measures determined by the board to be necessary or desirable to
310	prevent or alleviate land erosion. The powers granted to the
311	district by this subsection shall be concurrent within the
312	boundaries of the district with other public bodies, agencies,
313	or authorities as may be authorized by law. The district is
314	eligible to receive moneys, disbursements, and assistance from
315	the state available to flood control or water management
316	districts and the navigation districts or agencies.
317	(g)(21)  To finance, fund, plan, establish own, acquire,
318	construct or, reconstruct, enlarge or extend, equip, operate,
319	and maintain, extend, and improve water systems and facilities
320	for providing transportation throughout the district, including
321	private or contract carriers, buses, vehicles, railroads, and
322	other transportation facilities, to meet the transportation
323	requirements of the district activities conducted within the
324	district sewer systems or combined water and sewer systems; to
325	regulate the use of sewers and the supply of water within the
326	district and to prohibit or regulate the use and maintenance of
327	outhouses, privies, septic tanks, or other sanitary structures
328	or appliances within the district; to prescribe methods of
329	pretreatment of wastes not amenable to treatment with domestic
330	sewage before accepting such wastes for treatment and to refuse
331	to accept such wastes when not sufficiently pretreated as may be
332	prescribed, and to prescribe penalties for the refusal of any
333	person or corporation to so pretreat such wastes; to sell or
334	otherwise dispose of the effluent, sludge, or other byproducts
335	as a result of sewage treatment; and to construct and operate
336	connecting, intercepting, or outlet sewers and sewer mains and
337	pipes and water mains, conduits, or pipelines in, along, or
338	under any street, alleys, highways, or other public places or
339	ways within or without the district, when deemed necessary or
340	desirable by the board. The plans for any water or sewer system
341	shall be subject to the approval of the State Board of Health.
342	(h)(22)  To own, finance, fund, plan, establish, acquire,
343	construct or reconstruct, enlarge or extend, equip, operate, and
344	maintain parking facilities within the district boundaries.
345	(i)  To finance, fund, plan, establish, acquire, construct
346	or reconstruct, enlarge or extend, equip, operate, and maintain
347	additional systems and facilities for parks and facilities for
348	indoor and outdoor recreational recreation, cultural, and
349	educational uses including buildings and equipment for such
350	uses, playgrounds, picnic grounds, camping facilities, and water
351	recreation facilities within or without the district.
352	(j)  To acquire, construct, finance, fund, operate, and
353	maintain water plants and systems to produce, purify, and
354	distribute water for consumption.
355	(k)  To acquire, construct, finance, fund, operate, and
356	maintain sewer systems for the collection, disposal, and reuse
357	of waste and to prevent water pollution in the district.
358	(l)  To levy non-ad valorem assessments; to prescribe, fix,
359	establish, and collect rates, fees, rentals, fares, or other
360	charges, and to revise the same from time to time, for the
361	facilities and services furnished or to be furnished by the
362	district; and to recover the cost of making connection to any
363	district facility or system.
364	(m)  To provide for the discontinuance of service and
365	reasonable penalties, including attorney's fees, against any
366	user or property for any such rates, fees, rentals, fares, or
367	other charges that become delinquent and require collection.
368	However, no charges or fees shall be established until after a
369	public hearing of the board at the district at which all
370	affected persons shall be given an opportunity to be heard.
371	(n)  To enter into agreements with any person, firm, or
372	corporation for the furnishing by such person, firm, or
373	corporation of any facilities and services of the type provided
374	for in this act.
375	(o)  To construct and maintain facilities for and take
376	measures to control mosquitoes and other arthropods of public
377	health importance.
378	(p)  To finance, fund, plan, establish, acquire, construct
379	or reconstruct, enlarge or extend, equip, operate, and maintain
380	additional systems and facilities for conservation areas,
381	mitigation areas, and wildlife habitat, including the
382	maintenance of any plant or animal species, and any related
383	interest in real or personal property.
384	(q)  To borrow money and issue negotiable or other bonds of
385	the district as hereinafter provided; to borrow money, from time
386	to time, and issue negotiable or other notes of the district
387	therefore, bearing interest at an amount not to exceed the
388	maximum interest allowable by law, in anticipation of the
389	collection of taxes and assessments or revenues of the district;
390	and to pledge or hypothecate such taxes, assessments, and
391	revenues to secure such bonds, notes, or obligations, and to
392	sell, discount, negotiate, and dispose of the same.
393	(r)  To provide public safety, including, but not limited
394	to, security, guardhouses, fences and gates, electronic
395	intrusion detection systems, and patrol cars, when authorized by
396	proper governmental agencies; except that the district may not
397	exercise any police power, but may contract with the appropriate
398	local general-purpose government agencies for an increased level
399	of such service within the district boundaries.
400	(s)  To provide systems and facilities for fire prevention
401	and control and emergency medical services, including the
402	construction or purchase of fire stations, water mains and
403	plugs, fire trucks, and other vehicles and equipment consistent
404	with any adopted Highlands County ordinances, rules, or
405	regulations.
406	(t)  To finance, fund, plan, establish, acquire, construct
407	or reconstruct, enlarge or extend, equip, and maintain
408	additional systems and facilities for school buildings and
409	related structures pursuant to this act and chapter 1013,
410	Florida Statutes, which may be leased, sold, or donated to the
411	school district for use in the educational system when
412	authorized by the district school board.
413	(23)  To issue general obligation bonds, revenue bonds,
414	assessment bonds, or any other bonds or obligations authorized
415	by the provisions of this act or any other law, or any
416	combination of the foregoing, to pay all or part of the cost of
417	the acquisition, construction, reconstruction, extension,
418	repair, improvement, maintenance, or operation of any project or
419	combination of projects, to provide for any facility, service,
420	or other activity of the district and to provide for the
421	retirement or refunding of any bonds or obligations of the
422	district, or for any combination of the foregoing purposes.
423	(24)  To build, install, maintain, and operate
424	streetlights.
425	(u)(25)  To require that all new and existing public and
426	private utilities and services used for local distribution
427	purposes, excluding primary feeders, be constructed underground;
428	to construct, alter, and maintain said underground utilities;
429	and, to the extent allowed by law, to regulate and restrict by
430	appropriate resolution the location, type, construction, and
431	maintenance by others of said underground utilities.
432	(v)  To establish and create such departments, committees,
433	boards, or other agencies, including a public relations
434	committee, as from time to time the board of supervisors may
435	deem necessary or desirable in the performance of this act or
436	other things necessary to the exercise of the powers provided in
437	this act, and to delegate to such departments, boards, or other
438	agencies such administrative duties and other powers as the
439	board of supervisors may deem necessary or desirable.
440	(w)(26)  To require every landowner within the district to
441	maintain his or her respective property in a neat and attractive
442	condition, free of high grass, weeds, underbrush, and refuse; to
443	regulate and restrict by appropriate resolution the maintenance
444	thereof; to mow and maintain said property on the landowner's
445	failure to do so; and to impose, assess, collect, and place a
446	lien upon such property for the cost and expense of mowing and
447	maintenance by the district.
448	(x)  To exercise all other powers necessary, convenient, or
449	proper in connection with any of the powers or duties of the
450	district stated in this act. The powers and duties of the
451	district shall be exercised by and through the board of
452	supervisors thereof, which board shall have the authority to
453	employ engineers, attorneys, agents, employees, and
454	representatives as the board of supervisors may, from time to
455	time, determine, and to fix their compensation and duties.
456	However, in addition thereto, the district shall have all of the
457	powers provided for in chapter 298, Florida Statutes. All powers
458	and authority of the district shall extend and apply to the
459	district as a whole and to each unit of development as, from
460	time to time, may be designated by the board of supervisors.
461	(27)  To exercise any and all other powers conferred upon
462	drainage districts by chapter 298, Florida Statutes.
463	Section 10.  Taxes; non-ad valorem assessments.-
464	(1)  NON-AD VALOREM ASSESSMENTS.-Non-ad valorem assessments
465	for the construction, operation, or maintenance of district
466	facilities, services, and operations shall be assessed, levied,
467	and collected pursuant to chapter 298, chapter 170, or chapter
468	197, Florida Statutes.
469	(2)  Section 19.  TAXES, ASSESSMENTS, AND COSTS; A LIEN ON
470	LAND AGAINST WHICH ASSESSED, ETC.-Tax liens.-All taxes and
471	assessments of the district provided for in this act or chapter
472	298, Florida Statutes, together with all penalties for default
473	in the payment of the same, and all costs in collecting the same
474	including reasonable attorney's fees fixed by the court and
475	taxed as cost in the action brought to enforce payment, shall,
476	from the date of January 1 for each year the property is liable
477	to assessment thereof and until paid, constitute a
478	dignity with the liens for state and county taxes, and other
479	taxes of equal dignity with state and county taxes, upon all the
480	lands against which such taxes shall be levied as is provided in
481	this act. A sale of any of the real property within the district
482	for state and county or other taxes shall not operate to relieve
483	or release the property so sold from the lien for subsequent
484	district taxes or installments of district taxes which lien may
485	be enforced against such property as though no such sale thereof
486	had been made. The provisions of section 194.171, Florida
487	Statutes, and amendments thereto shall be applicable to district
488	taxes with the same force and effect as if said provisions were
489	expressly set forth in this act.
490	(3)  COMPENSATION OF PROPERTY APPRAISER, TAX COLLECTOR, AND
491	CLERK OF THE CIRCUIT COURT.-The Property Appraiser, Tax
492	Collector, and Clerk of the Circuit Court of Highlands County
493	shall be entitled to compensation for services performed in
494	connection with taxes and assessments of the district as
495	provided by general law.
496	(4)  LEVIES OF NON-AD VALOREM ASSESSMENTS ON LAND LESS THAN
497	1 ACRE.-In levying and assessing all assessments, each tract or
498	parcel of land less than 1 acre in area shall be assessed as a
499	full acre, and each tract or parcel of land more than 1 acre in
500	area which contains a fraction of an acre shall be assessed at
501	the nearest whole number of acres, a fraction of one-half or
502	more to be assessed as a full acre.
503	Section 11.  When unpaid taxes and assessments delinquent;
504	penalty.-All taxes and assessments provided for in this act
505	shall be and become delinquent and bear penalties on the amount
506	of the taxes in the same manner as county taxes.
507	Section 12.  Enforcement of taxes and assessments.-The
508	collection and enforcement of all taxes and assessments levied
509	by the district shall be at the same time and in like manner as
510	county taxes, and the provisions of the Florida Statutes
511	relating to the sale of lands for unpaid and delinquent county
512	taxes, the issuance, sale, and delivery of tax certificates for
513	such unpaid and delinquent county taxes, the redemption thereof,
514	the issuance to individuals of tax deeds based thereon, and all
515	other procedures in connection therewith shall be applicable to
516	the district and the delinquent and unpaid taxes of the district
517	to the same extent as if the statutory provisions were expressly
518	set forth in this act. All taxes and assessments shall be
519	subject to the same discounts as county taxes.
520	Section 13.20.  Issuance of revenue bonds, assessment
521	bonds, and bond anticipation notes.-
522	(1)  In addition to the other powers provided the district,
523	for in this act and not in limitation thereof, the district
524	shall have the power, pursuant to this act, chapter 298, Florida
525	Statutes, and applicable general law, at any time, and from time
526	to time after the issuance of any bonds of the district shall
527	have been authorized, to borrow money for the purposes for which
528	such bonds are to be issued in anticipation of the receipt of
529	the proceeds of the sale of such bonds and to issue bond
530	anticipation notes in a principal sum not in excess of the
531	authorized maximum amount of such bond issue. Such notes shall
532	be in such denomination or denominations, bear interest at such
533	rate as the board may determine not to exceed 10 percent per
534	annum, mature at such time or times not later than 5 years from
535	the date of issuance, and be in such form and executed in such
536	manner as the board shall prescribe. Such notes may be sold at
537	either public or private sale or, if such notes shall be renewal
538	notes, may be exchanged for notes then outstanding on such terms
539	as the board shall determine. Such notes shall be paid from the
540	proceeds of such bonds when issued. The board may in its
541	discretion, in lieu of retiring the notes by means of bonds,
542	retire them by means of current revenues or from any taxes or
543	assessments levied for the payment of such bonds, but in such
544	event a like amount of the bonds authorized shall not be issued.
545	(2)  Pursuant to chapter 298, Florida Statutes, this act,
546	and applicable general law, the district shall have the power to
547	issue assessment bonds and revenue bonds from time to time,
548	without limitation as to amount, for the purpose of financing
549	those systems and facilities provided for in section 8. Such
550	revenue bonds may be secured by, or payable from, the gross or
551	net pledge of the revenues to be derived from any project or
552	combination of projects; from the rates, fees, or other charges
553	to be collected from the users of any project or projects; from
554	any revenue-producing undertaking or activity of the district;
555	from non-ad valorem assessments; or from any other source or
556	pledged security. Such bonds shall not constitute an
557	indebtedness of the district, and the approval of the qualified
558	electors shall not be required unless such bonds are
559	additionally secured by the full faith and credit and taxing
560	power of the district.
561	(3)  Section 22.  Issuance of bonds.-In the discretion of
562	the board, Any issue of bonds may be secured by a trust
563	agreement by and between the district and a corporate trustee or
564	trustees, which may be any trust company or bank having the
565	powers of a trust company within or without the state. The
566	resolution authorizing the issuance of the bonds or such trust
567	agreement may pledge the revenues to be received from any
568	projects of the district and may contain such provisions for
569	protecting and enforcing the rights and remedies of the
570	bondholders as the board may approve, including, without
571	limitation, covenants, setting forth the duties of the district
572	in relation to the acquisition, construction, reconstruction,
573	stewardship, reconstructions, improvements, maintenance, repair,
574	operation, and insurance of any projects;, the fixing and
575	revising of the rates, fees, and charges;, and the custody,
576	safeguarding, and application of all moneys, and for the
577	employment of consulting counseling engineers in connection with
578	such acquisition, construction, reconstruction, stewardship
579	improvement, maintenance, repair, or operation. It shall be
580	lawful for any bank or trust company incorporated under the laws
581	of the state which may act as a depository of the proceeds of
582	bonds or of revenues to furnish such indemnifying bonds or to
583	pledge such securities as may be required by the district. Such
584	resolution or trust agreement may set forth the rights and
585	remedies of the bondholders and of the trustee, if any, and may
586	restrict the individual right of action by bondholders. The
587	board may provide for the payment of the proceeds of the sale of
588	the bonds and the revenues of any project to such officer,
589	board, or depository as it may designate for the custody
590	thereof, and for the method of disbursement thereof with such
591	safeguards and restrictions as it may determine. All expenses
592	incurred in carrying out the provisions of such resolution or
593	trust agreement may be treated as party of the cost of operation
594	of the project to which such trust agreement pertains.
595	(4)  Bonds of each issue shall be dated; shall bear
596	interest at such rate or rates, including variable rates, which
597	interest may be tax exempt or taxable for federal income tax
598	purposes; shall mature at such time or times from their date or
599	dates; and may be made redeemable before maturity at such price
600	or prices and under such terms and conditions as may be
601	determined by the board.
602	(5)  The district shall have the power to issue bonds for
603	the purpose of refunding any outstanding bonds of the district.
604	Section 16.48.  Bids required.-No contract shall be let by
605	the board for the construction or maintenance of any project
606	authorized by this act, nor shall any goods, supplies, or
607	materials be purchased except in compliance with the competitive
608	bid or negotiations provisions of sections 255.20 and 287.055,
609	Florida Statutes, chapter 298, Florida Statutes, other
610	applicable general law, and the policies of the district board
611	of supervisors when the amount thereof to be paid by said
612	district shall exceed the amount provided in section 287.017,
613	Florida Statutes, for category two, unless notice of bids shall
614	be advertised once a week for 2 consecutive weeks in a newspaper
615	published in Highlands County and in general circulation within
616	the district, and in each case the bid of the lowest responsible
617	bidder shall be accepted, unless all bids are rejected because
618	the bids are too high. The board may require the bidders to
619	furnish bond with responsible surety to be approved by the
620	board. Nothing in this section shall prevent the board from
621	undertaking and performing the construction, operation, and
622	maintenance of any project or facility authorized by this act by
623	the employment of labor, material, and machinery.
624	Section 2.  Sections 7, 8, 12, 13, 14, 15, 16, 17, 18, 21,
625	23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38,
626	39, 40, 41, 43, 44, 45, 46, 50, and 51 of section 3 of chapter
627	2005-342, Laws of Florida, are repealed.
628	Section 3.  Referendum.-In conjunction with the general
629	election of November 2010, the Supervisor of Elections of
630	Highlands County shall conduct a referendum on the question of
631	granting the Spring Lake Improvement District certain additional
632	powers. The referendum question shall be posed as follows:
633
634	Shall the Spring Lake Improvement District be authorized to
635	provide public safety and security services, fire rescue
636	services with the approval of the county, and mosquito control
637	services; to construct and maintain district transportation
638	facilities and educational facilities with the approval of the
639	county school board; to establish district departments,
640	committees and boards; and to compensate its supervisors up to
641	$250 per month with supermajority approval of the board?
642
643	___________________Yes
644	____________________No
645	Section 4.   This act shall take effect only upon its
646	approval by a majority vote of those qualified electors of the
647	district voting in a referendum conducted in accordance with the
648	provisions of law relating to elections currently in force,
649	except that this section and section 3 shall take effect upon
650	this act becoming a law.

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