Bill Text: FL S2756 | 2010 | Regular Session | Introduced

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Bill Title: Spring Lake Improvement District/Highlands County

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Rules, companion bill(s) passed, see CS/HB 1487 (Ch. 2010-266) [S2756 Detail]

Download: Florida-2010-S2756-Introduced.html

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Florida Senate - 2010                            (NP)    SB 2756 
 
By Senator Alexander 
17-02247-10                                           20102756__ 
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; 
6         providing for minimum charter requirements; amending 
7         board, election, and term of office provisions; 
8         amending the compensation for board members to comply 
9         with general law; deleting obsolete district powers 
10         and providing additional district powers including 
11         mosquito control, fire and emergency services, 
12         construction and maintenance of school facilities, and 
13         enforcement of deed restrictions; providing for 
14         applicability of general laws; providing an effective 
15         date. 
16 
17  Be It Enacted by the Legislature of the State of Florida: 
18 
19         Section 1. Subsections (1), (3), (12), (13), and (14) of 
20  section 1, section 4, subsections (1) and (9) of section 5, and 
21  present sections 6, 9, 10, 19, 20, 22, and 48 of section 3 of 
22  chapter 2005-342, Laws of Florida, are amended, and new sections 
23  10, 11, and 12 are added to that section, to read: 
24         Section 1. Minimum charter requirements.—In accordance with 
25  section 189.404(3), Florida Statutes, the following are the 
26  minimum requirements for the charter of the Spring Lake 
27  Improvement District: 
28         (1) The district is organized and exists for all purposes 
29  set forth in this act and chapter 298, Florida Statutes, as they 
30  may be amended from time to time, and applicable general law 
31  except as herein otherwise provided. 
32         (3) The district was created by the process contained in 
33  chapter 298, Florida Statutes, and its powers supplemented by 
34  special act. 
35         (12) In accordance with this act and chapter 298, Florida 
36  Statutes, the district may continue to levy upon all of the real 
37  taxable property in the district a special tax each year as 
38  maintenance tax. 
39         (13) The method for collecting non-ad valorem assessments, 
40  fees, or service charges shall be as set forth in this act and 
41  chapters 197 and 298, Florida Statutes, as they may be amended 
42  from time to time. 
43         (12)(14) The district’s planning requirements shall be as 
44  set forth in chapters 189 and 298, Florida Statutes, as they may 
45  be amended from time to time. 
46         Section 4. Applicability of certain provisions of chapter 
47  298, Florida Statutes, to the Spring Lake Improvement District; 
48  inconsistent laws inapplicable.—The provisions of chapter 298, 
49  Florida Statutes, and all amendments thereto, now existing or 
50  hereafter enacted, are declared to be applicable to the Spring 
51  Lake Improvement District insofar as not inconsistent with the 
52  provisions of this act or any subsequent special acts relating 
53  to the Spring Lake Improvement District. Notwithstanding the 
54  foregoing, the provisions of sections 298.11, 298.12, 298.14, 
55  298.15, 298.17, 298.18, 298.19, 298.20, 298.23, 298.24, 298.25, 
56  298.365, 298.366, 298.401, 298.41, 298.465, 298.48, 298.52, 
57  298.54, 298.56, 298.57, 298.61, 298.70, 298.71, 298.72, 298.73, 
58  and 298.74, Florida Statutes, and amendments thereto, shall not 
59  be applicable to the Spring Lake Improvement District. 
60         Section 5. Definitions.—Unless the context indicates 
61  otherwise, the following words as used in this act shall have 
62  the following meanings: 
63         (1) “Assessable improvements” includes, without limitation, 
64  any and all drainage and land reclamation works, and facilities, 
65  sewer systems, storm sewers and drains, water systems, streets, 
66  roads, or other projects of the district, or that portion or 
67  portions thereof, local in nature and of special benefit to the 
68  premises or lands served thereby, and any and all modifications, 
69  improvements, and enlargements thereof. 
70         (9) “Water management and flood control facilities” means 
71  any canals, ditches, or other drainage facilities, reservoirs, 
72  dams, levees, sluiceways, dredging holding basins, floodways, 
73  pumping stations, or any other works, structures, or facilities 
74  for the conservation, control, development, utilization, and 
75  disposal of water, and any purposes appurtenant, necessary, or 
76  incidental thereto, and includes all real and personal property 
77  and any interest therein, rights, easements, and franchises of 
78  any nature relating to any such water and flood control 
79  facilities or necessary or convenient for the acquisition, 
80  construction, reconstruction, operation, or maintenance thereof. 
81         Section 6. Board; election; organization, terms of office, 
82  quorum; report and minutes.— 
83         (1) The board of the district shall be elected and shall 
84  exercise the powers granted to the district under this act and 
85  under chapter 298, Florida Statutes. The board shall consist of 
86  the number of members, and each member shall hold office for the 
87  term of years until his or her successor shall be chosen and 
88  shall qualify, as set forth in section 189.4051, Florida 
89  Statutes. All members of the board shall be landowners within 
90  the district. 
91         (2) The district is governed by a five-member board of 
92  supervisors. The composition of the board, as well as the terms 
93  of office and qualification of supervisors, shall be determined 
94  pursuant to section 189.4051, Florida Statutes. All supervisors 
95  shall be landowners within the district. 
96         (3) Those supervisors elected on a one-acre one-vote basis 
97  shall be elected at a meeting of the landowners to be held in 
98  the month of November of each year. All landowners’ meetings 
99  shall be held pursuant to sections 298.11 and 298.12, Florida 
100  Statutes. The remaining supervisors shall be elected pursuant to 
101  section 189.4051, Florida Statutes, and shall be district 
102  residents and registered voters. 
103         (4) The terms of office for those supervisors elected on a 
104  one-acre one-vote basis shall begin with the next regularly 
105  scheduled board meeting following the election. The terms of 
106  office for all other supervisors shall begin with the next 
107  regularly scheduled board meeting after certification of the 
108  election by the Highlands County Supervisor of Elections. Before 
109  entering upon his or her official duties, all supervisors 
110         (2) In the month of November of each year commencing 
111  November of 1992, there shall be held a meeting of the 
112  landowners of the district at a location within the district in 
113  Highlands County for the purpose of electing one supervisor for 
114  a term of 3 years. The president of the board at the time of the 
115  November 1992 election shall have his or her term extended until 
116  the November 1994 election. The secretary of the board at the 
117  time of the November 1992 election shall have his or her term 
118  extended until the November 1993 election. The remaining 
119  position of supervisor shall stand for election at the November 
120  1992 meeting of landowners. Notice of said landowners meeting 
121  shall be published once a week for 2 consecutive weeks in a 
122  newspaper in Highlands County which is in general circulation 
123  within the district, the last said publication to be not less 
124  than 14 days nor more than 28 days before the date of the 
125  election. The landowners when assembled at such meeting shall 
126  organize by electing a chair who shall conduct the meeting. At 
127  such meeting each landowner shall be entitled to cast one vote 
128  per acre of land owned by him or her and located within the 
129  district, for each person to be elected. A landowner may vote in 
130  person or by proxy in writing. Fractions of an acre shall be 
131  treated as 1 acre, entitling the landowner to one vote with 
132  respect thereto. The person receiving the highest number of 
133  votes for the office of supervisor shall be declared elected as 
134  such supervisor. The owners and proxy holders of district 
135  acreage who are present at a duly noticed landowners meeting 
136  shall constitute a quorum for the purpose of holding such 
137  election or any election thereafter. The provisions of this 
138  section do not exempt the district from the election provisions 
139  of section 189.4051, Florida Statutes. 
140         (3) Each supervisor before entering upon his or her 
141  official duties shall take and subscribe to an oath of office as 
142  prescribed in section 298.13, Florida Statutes. 
143         (5)(4) All supervisors shall hold office for the terms for 
144  which they are elected or appointed and until their successors 
145  shall be chosen and qualify. In case of a vacancy in the office 
146  of any supervisor the remaining supervisor or supervisors (even 
147  though less than a quorum) may fill such vacancy by appointment 
148  of a new supervisor or supervisors for the unexpired term of the 
149  supervisor who vacated his or her office. 
150         (6)(5) As soon as practicable after each election, the 
151  board shall organize by choosing one of their number as 
152  president of the board and by electing a secretary, who need not 
153  be a member of the board. 
154         (7)(6) A majority of the members of the board shall 
155  constitute a quorum. 
156         (7) The board shall keep a permanent record book entitled 
157  “Record of Proceedings of Spring Lake Improvement District,” in 
158  which the minutes of all meetings, resolutions, proceedings, 
159  certificates, bonds given by all employees, and any and all 
160  corporate acts, shall be recorded. Such record book shall at 
161  reasonable times be open to the inspection of any landowner, 
162  taxpayer, resident, or bondholder of the district, and such 
163  other persons as the board may determine to have a proper 
164  interest in the proceedings of the board. Such record book shall 
165  be kept at any office or other regular place of business 
166  maintained by the board in Highlands County. 
167         (8) Whenever any election shall be authorized or required 
168  by this act to be held by the landowners at any particular or 
169  stated time or day, and if for any reason such election is not 
170  held at such time or on such day, then in such event the power 
171  or duty to hold such election shall not cease or lapse, but such 
172  election shall be held thereafter when practicable, and in 
173  accordance with the procedures provided by this act. 
174         Section 7.9. Compensation of board.—Each supervisor shall 
175  be entitled to receive for his or her services an amount not to 
176  exceed $250 per month, provided such salary is approved by a 
177  super majority of the board $100 per month. In addition, each 
178  supervisor shall receive reasonable traveling expenses for 
179  attending the place of meeting from his or her residence. Unless 
180  the board by resolution otherwise provides, such traveling 
181  expenses shall not be in excess of the amounts provided by law 
182  for state and county officials. 
183         Section 8.10. Powers of the district.—The district shall 
184  have, and the board may exercise, any or all of the following 
185  powers: 
186         (1) The district shall have the following powers: 
187         (a) To contract and be contracted with; to sue and be sued 
188  by its in the name in any court of law or in equity, to make 
189  contracts, and of the district; to adopt and use a corporate 
190  seal and to alter the same at pleasure.; 
191         (b) To acquire by purchase, gift, or condemnation devise, 
192  eminent domain, (except as limited herein), or otherwise, 
193  property, real and or personal property, either, or both any 
194  estate therein, within or without the district, and to convey 
195  and dispose be used for any of such real and personal property, 
196  either or both, as may be necessary or convenient to carry out 
197  the purposes, or any of the purposes, of this act and chapters 
198  189 and 298, Florida Statutes. 
199         (c) To finance, fund, construct, operate, and maintain 
200  canals, ditches, drains, levees, lakes, ponds, and other works 
201  for water management and control purposes. 
202         (2) To adopt a water control plan; and to establish, 
203  construct, operate, and maintain a system of main and lateral 
204  canals, drains, ditches, levees, dikes, dams, sluices, locks, 
205  revetments, reservoirs, holding basins, floodways, pumping 
206  stations, syphons, culverts, and storm sewers to drain and 
207  reclaim the lands within the district and to connect some or any 
208  of them with roads and bridges as in the judgment of the board 
209  is deemed advisable to provide access to such facilities. 
210         (3) To acquire and maintain appropriate sites for storage 
211  and maintenance of the equipment of the district and to acquire, 
212  maintain, and construct a suitable building to house the office 
213  and records of the district. 
214         (4) To clean out, straighten, widen, open up, or change the 
215  courses and flow, alter, or deepen any canal, ditch, drain, 
216  river, water course, or natural stream as within the judgment of 
217  the board is deemed advisable to drain and reclaim lands within 
218  the district; to 
219         (d) To finance, fund, acquire, purchase, operate, and 
220  maintain pumps, plants, and pumping systems for water management 
221  and control drainage purposes.; and 
222         (e) To finance, fund, construct, operate, and maintain 
223  irrigation works, and machinery, and plants in connection with 
224  the purposes herein set forth. 
225         (5) To regulate and set forth by appropriate resolution the 
226  drainage requirements and conditions to be met for plats to be 
227  entitled to record on any land within the district, including 
228  authority to require as a condition precedent for any platting 
229  that good and sufficient bond be posted to ensure proper 
230  drainage for the area to be platted. 
231         (6) To borrow money and issue bonds, certificates, 
232  warrants, notes, or other evidences of indebtedness of the 
233  district as hereinafter provided. 
234         (7) To build and construct any other works and improvements 
235  deemed necessary to preserve and maintain the works in or out of 
236  the district; to acquire, construct, operate, maintain, use, 
237  sell convey, transfer, or otherwise provide for machines and 
238  equipment for any purpose authorized by this act or chapter 298, 
239  Florida Statutes; and to contract for the purchase, 
240  construction, operation, maintenance, use, sale, conveyance, and 
241  transfer of said machinery and equipment. 
242         (8) To construct or enlarge, or cause to be constructed or 
243  enlarged, any and all bridges or culverts that may be needed in 
244  or out of the district, across any drain, ditch, canal, 
245  floodway, holding basin, excavation, public highway, tract, 
246  grade, fill, or cut; to construct roadways over levees and 
247  embankments; to construct any and all of said works and 
248  improvements across, through, or over any public right-of-way, 
249  highway, grade, fill, or cut in or out of the district. 
250         (9) To hold, control, and acquire by donation, purchase, or 
251  condemnation, any easement, reservation, or dedication in the 
252  district, for any of the purposes herein provided. To condemn as 
253  provided by chapters 73 and 74, Florida Statutes, or acquire, by 
254  purchase or grant for use in the district, any land or property 
255  within the district necessary for the purposes of this act. 
256         (10) To access and impose an ad valorem tax, an annual 
257  drainage tax, and a maintenance tax as hereinafter provided. 
258         (11) To impose and foreclose special assessment liens as 
259  hereinafter provided. 
260         (12) To prohibit, regulate, and restrict by appropriate 
261  resolution all structures, materials, and things, whether solid, 
262  liquid, or gas, whether permanent or temporary in nature, which 
263  come upon, come into, connect to, or be a part of any facility 
264  owned or operated by the district. 
265         (13) To administer and provide for the enforcement of all 
266  of the provisions herein, including the making, adopting, 
267  promulgating, amending, and repealing of all rules and 
268  regulations necessary or convenient for the carrying out of the 
269  duties, obligations, and powers conferred on the district 
270  created hereby. 
271         (14) To cooperate with or contract with other drainage 
272  districts or other governmental agencies as may be necessary, 
273  convenient, incidental, or proper in connection with any of the 
274  powers, duties, or purposes of the district as stated in this 
275  act. 
276         (15) To employ engineers, attorneys, agents, employees, and 
277  representatives as the board of supervisors may from time to 
278  time determine necessary and to fix their compensation and 
279  duties. 
280         (16) To exercise all of the powers necessary, convenient, 
281  incidental, or proper in connection with any of the powers, 
282  duties, or purposes of said district as stated in this act. 
283         (f)(17) To finance, fund, construct, improve, pave, and 
284  maintain roadways and roads necessary and convenient for the 
285  exercise of the powers or duties or any of the powers or duties 
286  of the district or the supervisors thereof; and to include as a 
287  component of roads, parkways, bridges, landscaping, irrigation, 
288  bicycle and jogging paths, street lighting, traffic signals, 
289  road striping, and all other customary elements of a modern road 
290  system to provide access to and efficient development of areas 
291  made suitable and available for cultivation, settlement, urban 
292  subdivision, homesites, and other beneficial developments as a 
293  result of the drainage operations of the district. 
294         (18) To make use of any public easements, dedications to 
295  public use, platted reservations for public purposes, or any 
296  reservations for drainage purposes within the boundaries of the 
297  district. 
298         (19) To lease as lessor or lessee to or from any person, 
299  firm, corporation, association, or body, public or private, any 
300  projects of the type that the district is authorized to 
301  undertake and facilities or property of any nature for the use 
302  of the district to carry out any of the purposes of this act. 
303         (20) To regulate the supply and level of water within the 
304  district; to divert waters from one area, lake, pond, river, 
305  stream, basin, or drainage or water flood control facility to 
306  any other area, lake, pond, river, stream, basin, or drainage 
307  and water flood control facility; to regulate control and 
308  restrict the development and use of natural or artificial 
309  streams or bodies of water, lakes, or ponds; and to take all 
310  measures determined by the board to be necessary or desirable to 
311  prevent or alleviate land erosion. The powers granted to the 
312  district by this subsection shall be concurrent within the 
313  boundaries of the district with other public bodies, agencies, 
314  or authorities as may be authorized by law. The district is 
315  eligible to receive moneys, disbursements, and assistance from 
316  the state available to flood control or water management 
317  districts and the navigation districts or agencies. 
318         (g)(21) To finance, fund, plan, establish own, acquire, 
319  construct or, reconstruct, enlarge or extend, equip, operate, 
320  and maintain, extend, and improve water systems and facilities 
321  for providing transportation throughout the district, including 
322  private or contract carriers, buses, vehicles, railroads, and 
323  other transportation facilities, to meet the transportation 
324  requirements of the district activities conducted within the 
325  district sewer systems or combined water and sewer systems; to 
326  regulate the use of sewers and the supply of water within the 
327  district and to prohibit or regulate the use and maintenance of 
328  outhouses, privies, septic tanks, or other sanitary structures 
329  or appliances within the district; to prescribe methods of 
330  pretreatment of wastes not amenable to treatment with domestic 
331  sewage before accepting such wastes for treatment and to refuse 
332  to accept such wastes when not sufficiently pretreated as may be 
333  prescribed, and to prescribe penalties for the refusal of any 
334  person or corporation to so pretreat such wastes; to sell or 
335  otherwise dispose of the effluent, sludge, or other byproducts 
336  as a result of sewage treatment; and to construct and operate 
337  connecting, intercepting, or outlet sewers and sewer mains and 
338  pipes and water mains, conduits, or pipelines in, along, or 
339  under any street, alleys, highways, or other public places or 
340  ways within or without the district, when deemed necessary or 
341  desirable by the board. The plans for any water or sewer system 
342  shall be subject to the approval of the State Board of Health. 
343         (h)(22) To own, finance, fund, plan, establish, acquire, 
344  construct or reconstruct, enlarge or extend, equip, operate, and 
345  maintain parking facilities within the district boundaries. 
346         (i) To finance, fund, plan, establish, acquire, construct 
347  or reconstruct, enlarge or extend, equip, operate, and maintain 
348  additional systems and facilities for parks and facilities for 
349  indoor and outdoor recreational recreation, cultural, and 
350  educational uses including buildings and equipment for such 
351  uses, playgrounds, picnic grounds, camping facilities, and water 
352  recreation facilities within or without the district. 
353         (j) To acquire, construct, finance, fund, operate, and 
354  maintain water plants and systems to produce, purify, and 
355  distribute water for consumption. 
356         (k) To acquire, construct, finance, fund, operate, and 
357  maintain sewer systems for the collection, disposal, and reuse 
358  of waste and to prevent water pollution in the district. 
359         (l) To levy non-ad valorem assessments; to prescribe, fix, 
360  establish, and collect rates, fees, rentals, fares, or other 
361  charges, and to revise the same from time to time, for the 
362  facilities and services furnished or to be furnished by the 
363  district; and to recover the cost of making connection to any 
364  district facility or system. 
365         (m) To provide for the discontinuance of service and 
366  reasonable penalties, including attorney’s fees, against any 
367  user or property for any such rates, fees, rentals, fares, or 
368  other charges that become delinquent and require collection. 
369  However, no charges or fees shall be established until after a 
370  public hearing of the board at the district at which all 
371  affected persons shall be given an opportunity to be heard. 
372         (n) To enter into agreements with any person, firm, or 
373  corporation for the furnishing by such person, firm, or 
374  corporation of any facilities and services of the type provided 
375  for in this act. 
376         (o) To construct and maintain facilities for and take 
377  measures to control mosquitoes and other arthropods of public 
378  health importance. 
379         (p) To finance, fund, plan, establish, acquire, construct 
380  or reconstruct, enlarge or extend, equip, operate, and maintain 
381  additional systems and facilities for conservation areas, 
382  mitigation areas, and wildlife habitat, including the 
383  maintenance of any plant or animal species, and any related 
384  interest in real or personal property. 
385         (q) To borrow money and issue negotiable or other bonds of 
386  the district as hereinafter provided; to borrow money, from time 
387  to time, and issue negotiable or other notes of the district 
388  therefore, bearing interest at an amount not to exceed the 
389  maximum interest allowable by law, in anticipation of the 
390  collection of taxes and assessments or revenues of the district; 
391  and to pledge or hypothecate such taxes, assessments, and 
392  revenues to secure such bonds, notes, or obligations, and to 
393  sell, discount, negotiate, and dispose of the same. 
394         (r) To provide public safety, including, but not limited 
395  to, security, guardhouses, fences and gates, electronic 
396  intrusion detection systems, and patrol cars, when authorized by 
397  proper governmental agencies; except that the district may not 
398  exercise any police power, but may contract with the appropriate 
399  local general-purpose government agencies for an increased level 
400  of such service within the district boundaries. 
401         (s) To provide systems and facilities for fire prevention 
402  and control and emergency medical services, including the 
403  construction or purchase of fire stations, water mains and 
404  plugs, fire trucks, and other vehicles and equipment consistent 
405  with any adopted Highlands County ordinances, rules, or 
406  regulations. 
407         (t) To finance, fund, plan, establish, acquire, construct 
408  or reconstruct, enlarge or extend, equip, and maintain 
409  additional systems and facilities for school buildings and 
410  related structures pursuant to this act and chapter 1013, 
411  Florida Statutes, which may be leased, sold, or donated to the 
412  school district for use in the educational system when 
413  authorized by the district school board. 
414         (u) To adopt rules necessary for the district to enforce 
415  certain deed restrictions pertaining to the use and operation of 
416  real property within the district. For the purpose of this 
417  subsection, the term “deed restrictions” means those covenants, 
418  conditions, restrictions, compliance mechanisms, and enforcement 
419  remedies contained in any applicable declarations of covenants 
420  and restrictions that govern the use and operation of real 
421  property within the district and, for which covenants, 
422  conditions, and restrictions, there is no homeowners’ 
423  association or property owner’s association having respective 
424  enforcement powers or an association with such enforcement 
425  powers has not held a publicly noticed regular or special 
426  meeting within the previous 12 months unless, with respect to a 
427  homeowners’ association whose board is under member control and 
428  which has held a publicly noticed regular or special meeting 
429  within the previous 12 months, the association and the district 
430  agree in writing to enforcement by the district. The district 
431  may adopt by rule all or certain portions of the deed 
432  restrictions that: 
433         1. Relate to limitations, or prohibitions, compliance 
434  mechanisms, or enforcement remedies that apply only to external 
435  appearances or uses and are deemed by the district to be 
436  generally beneficial for the district’s landowners and for which 
437  enforcement by the district is appropriate, as determined by the 
438  district’s governing board; 
439         2. Are consistent with the requirements of a development 
440  order or regulatory agency permit; or 
441         3. Are consistent with the district’s water control plan. 
442         (23) To issue general obligation bonds, revenue bonds, 
443  assessment bonds, or any other bonds or obligations authorized 
444  by the provisions of this act or any other law, or any 
445  combination of the foregoing, to pay all or part of the cost of 
446  the acquisition, construction, reconstruction, extension, 
447  repair, improvement, maintenance, or operation of any project or 
448  combination of projects, to provide for any facility, service, 
449  or other activity of the district and to provide for the 
450  retirement or refunding of any bonds or obligations of the 
451  district, or for any combination of the foregoing purposes. 
452         (24) To build, install, maintain, and operate streetlights. 
453         (v)(25) To require that all new and existing public and 
454  private utilities and services used for local distribution 
455  purposes, excluding primary feeders, be constructed underground; 
456  to construct, alter, and maintain said underground utilities; 
457  and, to the extent allowed by law, to regulate and restrict by 
458  appropriate resolution the location, type, construction, and 
459  maintenance by others of said underground utilities. 
460         (w) To establish and create such departments, committees, 
461  boards, or other agencies, including a public relations 
462  committee, as from time to time the board of supervisors may 
463  deem necessary or desirable in the performance of this act or 
464  other things necessary to the exercise of the powers provided in 
465  this act, and to delegate to such departments, boards, or other 
466  agencies such administrative duties and other powers as the 
467  board of supervisors may deem necessary or desirable. 
468         (x)(26) To require every landowner within the district to 
469  maintain his or her respective property in a neat and attractive 
470  condition, free of high grass, weeds, underbrush, and refuse; to 
471  regulate and restrict by appropriate resolution the maintenance 
472  thereof; to mow and maintain said property on the landowner’s 
473  failure to do so; and to impose, assess, collect, and place a 
474  lien upon such property for the cost and expense of mowing and 
475  maintenance by the district. 
476         (y) To exercise all other powers necessary, convenient, or 
477  proper in connection with any of the powers or duties of the 
478  district stated in this act. The powers and duties of the 
479  district shall be exercised by and through the board of 
480  supervisors thereof, which board shall have the authority to 
481  employ engineers, attorneys, agents, employees, and 
482  representatives as the board of supervisors may, from time to 
483  time, determine, and to fix their compensation and duties. 
484  However, in addition thereto, the district shall have all of the 
485  powers provided for in chapter 298, Florida Statutes. All powers 
486  and authority of the district shall extend and apply to the 
487  district as a whole and to each unit of development as, from 
488  time to time, may be designated by the board of supervisors. 
489         (27) To exercise any and all other powers conferred upon 
490  drainage districts by chapter 298, Florida Statutes. 
491         Section 10. Taxes; non-ad valorem assessments.— 
492         (1) NON-AD VALOREM ASSESSMENTS.—Non-ad valorem assessments 
493  for the construction, operation, or maintenance of district 
494  facilities, services, and operations shall be assessed, levied, 
495  and collected pursuant to chapter 298, chapter 170, or chapter 
496  197, Florida Statutes. 
497         (2) Section 19. TAXES, ASSESSMENTS, AND COSTS; A LIEN ON 
498  LAND AGAINST WHICH ASSESSED, ETC.—Tax liens.—All taxes and 
499  assessments of the district provided for in this act or chapter 
500  298, Florida Statutes, together with all penalties for default 
501  in the payment of the same, and all costs in collecting the same 
502  including reasonable attorney’s fees fixed by the court and 
503  taxed as cost in the action brought to enforce payment, shall, 
504  from the date of January 1 for each year the property is liable 
505  to assessment thereof and until paid, constitute a lien of equal 
506  dignity with the liens for state and county taxes, and other 
507  taxes of equal dignity with state and county taxes, upon all the 
508  lands against which such taxes shall be levied as is provided in 
509  this act. A sale of any of the real property within the district 
510  for state and county or other taxes shall not operate to relieve 
511  or release the property so sold from the lien for subsequent 
512  district taxes or installments of district taxes which lien may 
513  be enforced against such property as though no such sale thereof 
514  had been made. The provisions of section 194.171, Florida 
515  Statutes, and amendments thereto shall be applicable to district 
516  taxes with the same force and effect as if said provisions were 
517  expressly set forth in this act. 
518         (3) COMPENSATION OF PROPERTY APPRAISER, TAX COLLECTOR, AND 
519  CLERK OF THE CIRCUIT COURT.—The Property Appraiser, Tax 
520  Collector, and Clerk of the Circuit Court of Highlands County 
521  shall be entitled to compensation for services performed in 
522  connection with taxes and assessments of the district as 
523  provided by general law. 
524         (4) LEVIES OF NON-AD VALOREM ASSESSMENTS ON LAND LESS THAN 
525  1 ACRE.—In levying and assessing all assessments, each tract or 
526  parcel of land less than 1 acre in area shall be assessed as a 
527  full acre, and each tract or parcel of land more than 1 acre in 
528  area which contains a fraction of an acre shall be assessed at 
529  the nearest whole number of acres, a fraction of one-half or 
530  more to be assessed as a full acre. 
531         Section 11. When unpaid taxes and assessments delinquent; 
532  penalty.—All taxes and assessments provided for in this act 
533  shall be and become delinquent and bear penalties on the amount 
534  of the taxes in the same manner as county taxes. 
535         Section 12. Enforcement of taxes and assessments.—The 
536  collection and enforcement of all taxes and assessments levied 
537  by the district shall be at the same time and in like manner as 
538  county taxes, and the provisions of the Florida Statutes 
539  relating to the sale of lands for unpaid and delinquent county 
540  taxes, the issuance, sale, and delivery of tax certificates for 
541  such unpaid and delinquent county taxes, the redemption thereof, 
542  the issuance to individuals of tax deeds based thereon, and all 
543  other procedures in connection therewith shall be applicable to 
544  the district and the delinquent and unpaid taxes of the district 
545  to the same extent as if the statutory provisions were expressly 
546  set forth in this act. All taxes and assessments shall be 
547  subject to the same discounts as county taxes. 
548         Section 13.20. Issuance of revenue bonds, assessment bonds, 
549  and bond anticipation notes.— 
550         (1) In addition to the other powers provided the district, 
551  for in this act and not in limitation thereof, the district 
552  shall have the power, pursuant to this act, chapter 298, Florida 
553  Statutes, and applicable general law, at any time, and from time 
554  to time after the issuance of any bonds of the district shall 
555  have been authorized, to borrow money for the purposes for which 
556  such bonds are to be issued in anticipation of the receipt of 
557  the proceeds of the sale of such bonds and to issue bond 
558  anticipation notes in a principal sum not in excess of the 
559  authorized maximum amount of such bond issue. Such notes shall 
560  be in such denomination or denominations, bear interest at such 
561  rate as the board may determine not to exceed 10 percent per 
562  annum, mature at such time or times not later than 5 years from 
563  the date of issuance, and be in such form and executed in such 
564  manner as the board shall prescribe. Such notes may be sold at 
565  either public or private sale or, if such notes shall be renewal 
566  notes, may be exchanged for notes then outstanding on such terms 
567  as the board shall determine. Such notes shall be paid from the 
568  proceeds of such bonds when issued. The board may in its 
569  discretion, in lieu of retiring the notes by means of bonds, 
570  retire them by means of current revenues or from any taxes or 
571  assessments levied for the payment of such bonds, but in such 
572  event a like amount of the bonds authorized shall not be issued. 
573         (2) Pursuant to chapter 298, Florida Statutes, this act, 
574  and applicable general law, the district shall have the power to 
575  issue assessment bonds and revenue bonds from time to time, 
576  without limitation as to amount, for the purpose of financing 
577  those systems and facilities provided for in section 3. Such 
578  revenue bonds may be secured by, or payable from, the gross or 
579  net pledge of the revenues to be derived from any project or 
580  combination of projects; from the rates, fees, or other charges 
581  to be collected from the users of any project or projects; from 
582  any revenue-producing undertaking or activity of the district; 
583  from non-ad valorem assessments; or from any other source or 
584  pledged security. Such bonds shall not constitute an 
585  indebtedness of the district, and the approval of the qualified 
586  electors shall not be required unless such bonds are 
587  additionally secured by the full faith and credit and taxing 
588  power of the district. 
589         (3) Section 22. Issuance of bonds.—In the discretion of the 
590  board, Any issue of bonds may be secured by a trust agreement by 
591  and between the district and a corporate trustee or trustees, 
592  which may be any trust company or bank having the powers of a 
593  trust company within or without the state. The resolution 
594  authorizing the issuance of the bonds or such trust agreement 
595  may pledge the revenues to be received from any projects of the 
596  district and may contain such provisions for protecting and 
597  enforcing the rights and remedies of the bondholders as the 
598  board may approve, including, without limitation, covenants, 
599  setting forth the duties of the district in relation to the 
600  acquisition, construction, reconstruction, stewardship, 
601  reconstructions, improvements, maintenance, repair, operation, 
602  and insurance of any projects;, the fixing and revising of the 
603  rates, fees, and charges;, and the custody, safeguarding, and 
604  application of all moneys, and for the employment of consulting 
605  counseling engineers in connection with such acquisition, 
606  construction, reconstruction, stewardship improvement, 
607  maintenance, repair, or operation. It shall be lawful for any 
608  bank or trust company incorporated under the laws of the state 
609  which may act as a depository of the proceeds of bonds or of 
610  revenues to furnish such indemnifying bonds or to pledge such 
611  securities as may be required by the district. Such resolution 
612  or trust agreement may set forth the rights and remedies of the 
613  bondholders and of the trustee, if any, and may restrict the 
614  individual right of action by bondholders. The board may provide 
615  for the payment of the proceeds of the sale of the bonds and the 
616  revenues of any project to such officer, board, or depository as 
617  it may designate for the custody thereof, and for the method of 
618  disbursement thereof with such safeguards and restrictions as it 
619  may determine. All expenses incurred in carrying out the 
620  provisions of such resolution or trust agreement may be treated 
621  as party of the cost of operation of the project to which such 
622  trust agreement pertains. 
623         (4) Bonds of each issue shall be dated; shall bear interest 
624  at such rate or rates, including variable rates, which interest 
625  may be tax exempt or taxable for federal income tax purposes; 
626  shall mature at such time or times from their date or dates; and 
627  may be made redeemable before maturity at such price or prices 
628  and under such terms and conditions as may be determined by the 
629  board. 
630         (5) The district shall have the power to issue bonds for 
631  the purpose of refunding any outstanding bonds of the district. 
632         Section 16.48. Bids required.—No contract shall be let by 
633  the board for the construction or maintenance of any project 
634  authorized by this act, nor shall any goods, supplies, or 
635  materials be purchased except in compliance with the competitive 
636  bid or negotiations provisions of sections 255.20 and 287.055, 
637  Florida Statutes, chapter 298, Florida Statutes, other 
638  applicable general law, and the policies of the district board 
639  of supervisors when the amount thereof to be paid by said 
640  district shall exceed the amount provided in section 287.017, 
641  Florida Statutes, for category two, unless notice of bids shall 
642  be advertised once a week for 2 consecutive weeks in a newspaper 
643  published in Highlands County and in general circulation within 
644  the district, and in each case the bid of the lowest responsible 
645  bidder shall be accepted, unless all bids are rejected because 
646  the bids are too high. The board may require the bidders to 
647  furnish bond with responsible surety to be approved by the 
648  board. Nothing in this section shall prevent the board from 
649  undertaking and performing the construction, operation, and 
650  maintenance of any project or facility authorized by this act by 
651  the employment of labor, material, and machinery. 
652         Section 2. Sections 7, 8, 12, 13, 14, 15, 16, 17, 18, 21, 
653  23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 
654  39, 40, 41, 43, 44, 45, 46, 50, and 51 of section 3 of chapter 
655  2005-342, Laws of Florida, are repealed. 
656         Section 3. This act shall take effect upon becoming a law.