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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1
An act relating to the Lake County Water District, 2
Lake County; amending ch. 2005 -314, Laws of Florida, 3
as amended; providing an exception to general law; 4
revising the purpose of the district; providing that 5
the district is a dependent special taxing district; 6
providing for the appointment of members to the board 7
of advisors; deleting provisions relating to the 8
development, ownership, maintenance, or operati on of 9
certain parks by the Lake County Water Authority and 10
authorizing the board of advisors to sell or donate 11
land for parks to certain entities under certain 12
circumstances; requiring the Board of County 13
Commissioners of Lake County to consider and approv e, 14
modify, or reject the annual budget and millage 15
proposed by the board of advisors and approve the 16
district's final budget and millage; requiring 17
district revenues to be used only for specified 18
purposes; providing for initial appointments to the 19
board of advisors and staggered terms; revising 20
construction; providing that all special acts 21
comprising the charter of the district are ordinances 22
of Lake County and may be revised, amended, or 23
repealed by the board of county commissioners; 24
providing an effective date. 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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Be It Enacted by the Legislature of the State of Florida: 27
28
Section 1. Sections 1, 2, 3, 4, 8, subsections (a), (b), 29
(c), (d), (g), (h), (i), and (j) of section 9, sections 10, 11, 30
12, and 13, subsection (b) of section 14, and sections 15, 1 6, 31
17, and 18 of section 3 of chapter 2005 -314, Laws of Florida, as 32
amended by chapter 2017 -218, Laws of Florida, are amended to 33
read: 34
Section 1. Purpose. —For the purposes of controlling and 35
conserving the freshwater resources of Lake County; fostering 36
improvements to streams, lakes, and canals in the county; 37
improving the fish and aquatic wildlife of the county by 38
improving the streams, lakes, and canals in the county; and 39
protecting the freshwater resources of Lake County through 40
assisting local gover nments in treating of stormwater runoff, 41
notwithstanding any other law to the contrary, there is created 42
and incorporated a dependent special taxing district extending 43
territorially throughout the present limits of Lake County, 44
Florida. The district shall be known and designated as the "Lake 45
County Water District Authority," but shall hereafter in this 46
act, for convenience, be referred to as "the district 47
authority." 48
Section 2. Territorial limits. —The territorial limits of 49
the district authority shall be coterminous with the boundaries 50
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of Lake County. 51
Section 3. County purpose. —Each of the purposes for which 52
the district authority is created is declared to be a county 53
purpose, for the accomplishment of which taxes upon all real and 54
personal property within the territorial limits of the district 55
authority are by this act authorized to be levied, assessed, and 56
collected. 57
Section 4. Governing board; elections; surety.—A governing 58
body for the district authority is created, consisting of five 59
seven members who are residents of Lake County, which body shall 60
be known and designated as the "Board of Advisors Trustees of 61
the Lake County Water District Authority," but which shall be 62
referred to as "the board." The Board of County Commissioners of 63
Lake County shall appoint each member of the board. Five of The 64
members must each reside in a separate geographic area identical 65
to a county commission district , to be elected by the electors 66
of the county at large ; no two such members shall reside in the 67
same county commission district. Members shall serve for a term 68
of 4 years; however, for the purpose of providing staggered 69
terms, the initial appointment of three Two of the members will 70
be elected by the electors of the county at large without regard 71
to their residence. The members of the board shall be elected by 72
the electors of Lake County in partisan elections. Each member 73
shall be elected for a term of 4 years and two members shall be 74
for a term of 2 years. , except that A person may not be 75
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appointed elected to more than two consecutive 4 -year terms. At 76
the first meeting in December of each year or, during a year in 77
which there is a general election, at a meeting held no later 78
than 30 days after the general election if the meeting and the 79
election of officers have been advertised properly , the board 80
shall select one of their number as chair and one as vice chair 81
of the board. The Clerk of the Circuit Court of Lake County 82
shall act as secretary and treasurer of the board without any 83
additional compensatio n. In the event the provision pertaining 84
to the duties of the clerk of the circuit court is for any 85
reason held to be invalid, the board may select one of its 86
members to serve as its secretary and treasurer, or it may 87
appoint a nonmember of the board as it s secretary and treasurer, 88
and such nonmember shall receive compensation commensurate with 89
the responsibilities as determined by the board. The board may 90
shall select a nonmember to serve as executive director of the 91
board authority, and such nonmember sha ll receive compensation 92
commensurate with the responsibilities as determined by the 93
board. The board shall require a surety bond of any person, 94
including the clerk of the circuit court, who shall act as 95
secretary and treasurer of the board. The amount of t he surety 96
bond will be determined by the board. This bond shall be in 97
addition to any bond furnished by such person as clerk of the 98
circuit court or as a member of the board. The premium of the 99
bond shall be paid by the board as a necessary expense of 100
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operation. 101
Section 8. Expenses. —Each member of the board and its 102
engineers, auditors, attorneys, agents, and employees shall be 103
paid their actual expenses incurred when engaged on business of 104
the district authority, but such expenses shall not be paid 105
unless payment has been authorized and approved. The board may 106
authorize and approve the payment of any expense, or it may 107
delegate to the executive director the power to authorize such 108
payment as long as, at the time it makes the delegation, it 109
approves parameters, including, but not limited to, parameters 110
on the amount that may be expended, within which the executive 111
director may exercise that power. A separate delegation must be 112
made with respect to any expenditure or class of expenditures. 113
Section 9. Powers of district authority.— 114
(a) The board has all the powers of a body corporate, 115
including, but not limited to, the power to sue and be sued; to 116
make contracts; to adopt and use a common seal and to alter the 117
same as deemed expedient; to buy, acquire, sell, own, use, 118
control, operate, improve, and lease all land and personal 119
property as the board deems necessary or proper in carrying out 120
the provisions of this act; to appoint and employ, and dismiss 121
at pleasure, such engineers, auditors, attorneys, and other 122
employees and agents as the board may require, and to fix and 123
pay the compensation thereof; to establish an office for the 124
transaction of its business in Lake County and to pay all 125
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necessary costs and expenses directly required for incident to 126
the administration and operation thereof; and to pay only those 127
all other costs and expenses directly required to carry 128
reasonably necessary or expedient in carrying out and accomplish 129
accomplishing the express purposes of this act. 130
(b) The district authority may acquire by purchase, gift, 131
lease, or in any other manner other than condemnation or eminent 132
domain such lands within the territorial extent of the district 133
authority as are reasonably necessary for constructing and 134
maintaining the works and making the improvements required to 135
carry out the intent of this act, including the right to acquire 136
such lands and any interest therein reasonably necessary for any 137
such purpose which may already be devoted to public use for 138
county, municipal, district, railroad, or public utility 139
purposes where and to the extent that the same may cross, 140
intersect, or be situate upon or within the area of such land 141
hereinbefore referred to. The district authority shall also have 142
the right to acquire by purchase, gift, lease, or in any other 143
manner other than condemnation or eminent domain land, timber, 144
earth, rock, and other materials or property, and property 145
rights, including riparian rights, in such amounts as are 146
reasonably necessary or useful in the development of the works 147
or improvements before referred to. The board may sell or 148
otherwise reasonably dispose of property deemed by the district 149
authority as no longer useful to its purpose or works. 150
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(c) In addition to all othe r powers conferred upon the 151
board by this act, the board may enlarge, change, modify, or 152
improve any stream, lake, or canal within the territorial limits 153
of the district authority and may clean out, straighten, 154
enlarge, or change the course of any waterway or canal, natural 155
or artificial, within the territorial limits of the district 156
authority; may provide such canals, locks, levees, dikes, dams, 157
sluiceways, reservoirs, holding basins, floodways, pumping 158
stations, buildings, bridges, highways, and other wor ks and 159
facilities that the board deems necessary; may cross any highway 160
or railway with works of the district and hold, control, and 161
acquire by donation, lease, purchase, or in any other manner 162
other than condemnation or eminent domain, any land or persona l 163
property needed for carrying out the purpose of this act and may 164
remove any building or other obstruction necessary for the 165
construction, maintenance, and operation of such works. The 166
improvements made or to be made under this act are sometimes 167
referred to in this act as "the works" of the board. The board 168
shall also have power to operate any and all works and 169
improvements of the district authority. The provisions of this 170
section are subject to all laws and regulations of the United 171
States of America with respect to navigable waters. 172
(d) The district authority shall control all streams, 173
including slow-moving streams, flowing from any of the water 174
reservoirs in Lake County, whether natural or constructed, into 175
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the system of lakes and streams in or adjacen t to Lake County 176
for the protection of the natural water reservoirs and the 177
adjacent and neighboring areas. 178
(g) The board may enter into any agreement or contract 179
with the Federal Government or the state, or any agency, 180
political subdivision, or instrume ntality of either; and 181
counties adjoining Lake County; and municipalities and taxing 182
districts in Lake County and in counties adjoining Lake County 183
for the purpose of carrying out, or which in the reasonable 184
judgment of the board may assist it in carrying out, the 185
purposes of this act. 186
(h) The board may recommend, by resolution to the Board of 187
County Commissioners of Lake County or the governing body of a 188
municipality in the county, the acquisition of private property 189
using the power of eminent domain. Such recommendation shall 190
specify the purpose under this act for which such acquisition is 191
necessary. Within 90 days after receipt of such a 192
recommendation, the county or municipality shall formally 193
respond to such recomm endation with its approval, disapproval, 194
or a proposed modification. The district authority and the 195
county or municipality shall cooperate in the public interest. 196
If the county or the municipality ultimately proceeds with the 197
district's authority's recommended acquisition, the 198
implementation of the purpose of this act for which the district 199
authority made the recommendation may be addressed through an 200
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interlocal agreement between the district authority and the 201
county or municipality. 202
(i) The board may pro mote the district's authority's 203
purpose and works through board resolutions, press releases, 204
electronic communications, and attendance at public events 205
sponsored by other entities, but otherwise may not expend public 206
funds to promote recreation and tourism in the county, 207
including, but not limited to, hosting events, advertising, or 208
marketing. 209
(j)(1)a. For purposes of this subsection, an "active park" 210
means a park developed for the purpose of public recreation with 211
man-made improvements, including, but no t limited to, buildings 212
for meetings and events; athletic fields; tennis, racquetball, 213
and volleyball courts; swimming pools; recreational boat docks, 214
boat houses, and related facilities; and similar capital 215
facilities. 216
b. For purposes of this subsection , a "passive park" means 217
a park developed for the purpose of allowing public observation 218
of natural conditions and environmentally sensitive areas or 219
providing public access to streams, lakes, and canals for 220
waterborne activities, using limited man -made improvements, 221
including, but not limited to, nature trails, equestrian trails, 222
elevated boardwalks, boat ramps, and kayak and canoe launching 223
pads. 224
(2) The authority may not develop, own, maintain, or 225
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operate active parks, with the exception of Hickory Poi nt Park, 226
but may develop, own, maintain, and operate passive parks on 227
property owned by the authority for the purpose of this act, 228
provided that such passive parks are not in conflict with the 229
public purpose for which the authority acquired the property. 230
Nothing in this act shall prohibit the continued use of the Disc 231
Golf Course at Hidden Waters Preserve. The board may sell or 232
donate land for parks to Lake County or a municipality in the 233
county pursuant to an interlocal agreement. 234
Section 10. Receipt o r use of property.—Lake County and 235
all municipalities, districts, political bodies, and political 236
subdivisions of the state in Lake County are severally 237
authorized to grant, convey, or transfer to, and permit the use 238
of by, the district authority upon such terms and conditions as 239
are agreeable to the governing bodies thereof real and personal 240
property belonging to them which is necessary or useful to the 241
district authority in carrying out the purposes of this act. 242
Section 11. District authority funds; warrants.—All 243
district authority funds shall be deposited in a bank or banks 244
or federal or state savings and loan association to be 245
designated by the board, but before any district authority 246
moneys are deposited in such depositary or depositaries, 247
security shall be furnished to the district authority ample to 248
protect such deposits to the full extent and amount that such 249
deposits are not otherwise protected or insured by the Federal 250
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Deposit Insurance Corporation or the Federal Savings and Loan 251
Insurance Corporation. Funds of the district authority shall be 252
paid out only upon warrant signed by the treasurer of the 253
district authority and countersigned by the chair or vice chair. 254
No warrants shall be drawn or issued disbursing any of the funds 255
of the district authority except for a purpose authorized by 256
this act and only when the account or expenditure for which the 257
same is to be given in payment has been audited and approved by 258
the board. 259
Section 12. Budget; millage levied; procedure. —The board 260
shall determine, annually on or before October 1, by resolution 261
the amount of money that will be required to carry out the 262
purposes of this act for the next ensuing fiscal year (which 263
fiscal year shall be the same as that of Lake County) and the 264
millage, which shall not exceed one -half of one mill, that will 265
be required to be levied to produce the amount of money set 266
forth in the resolution; however, the determination of the 267
amount of money to be raised and the millage to be levied may be 268
delayed until the board receives the necessary information. The 269
district authority shall allocate no more than 3.5 percent of 270
its annual ad valorem budget for educational programs to educate 271
and teach the public about water issues. Immediately upon the 272
adoption of the resolution a certified copy thereof shall be 273
furnished to the Board of County Commissioners of Lake County, 274
and the Board of County Commissioners of Lake County shall 275
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consider and approve, modify, or reject the proposed budget and 276
millage adopted by the board. If th e proposed budget and millage 277
adopted by the board is modified or rejected, the Board of 278
County Commissioners of Lake County shall determine the budget 279
and millage, for the year named in the certified copy of the 280
resolution. The Board of County Commissione rs of Lake County 281
shall approve the final budget and millage for the district and 282
shall, levy, assess, collect, and enforce taxes upon all taxable 283
real and personal property within the district authority. The 284
procedure to be followed to accomplish the purp ose of this 285
section shall be as follows: 286
(a) Assessment of property shall be as provided by general 287
law. 288
(b) The board shall by resolution determine the total 289
amount to be raised by taxation in such year upon the taxable 290
property within the district authority and shall, in and by such 291
resolution, fix and determine the millage on each dollar 292
valuation of property on the assessment rolls, which, when 293
levied, will raise the amount so determined as the total amount 294
to be raised by taxation in that year, and in and by such 295
resolution the board shall request direct the Board of County 296
Commissioners to approve, modify, or reject levy, assess, and 297
fix such millage as the rate of taxation upon all the taxable 298
real and personal property within the authority . 299
(c) A certified copy of such tax resolution executed in 300
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the name of the district authority by its chair or vice chair 301
and attested by its secretary, under its corporate seal, shall 302
immediately be delivered to the Board of County Commissioners of 303
Lake County. 304
(d) It shall be the duty of the Board of County 305
Commissioners, each year: to approve, modify, or reject the 306
annual budget and millage proposed by the board and, if modified 307
or rejected, to determine the budget and millage for the 308
district; to approve the final budget and millage for the 309
district; to levy, assess, and fix the millage and the rate of 310
taxation upon all the taxable real and personal property within 311
the district authority as set forth in the final budget and 312
millage approved by the Board of Co unty Commissioners certified 313
copy of the resolution of the board ; to certify the millage to 314
the Department of Revenue of the State of Florida; and to order 315
the property appraiser of the county to levy and assess, and the 316
county tax collector to collect, a tax at the millage fixed by 317
the Board of County Commissioners upon all of the taxable real 318
and personal property within the district authority for the 319
year, and the levies and assessments shall be included in the 320
tax roll and warrant of the property apprai ser of the county for 321
each fiscal year thereafter. The tax collector of the county 322
shall collect such taxes so levied by the board of county 323
commissioners for the district authority in lawful money of the 324
United States of America in the same manner and at the same time 325
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as county taxes are collected and shall pay and remit the same 326
upon collection to the board. 327
(e) The Property Appraiser, Tax Collector, and Board of 328
County Commissioners of Lake County and the Department of 329
Revenue shall, when requested by the board, prepare from their 330
official records and deliver to the board any and all 331
information that may be requested from time to time from them 332
regarding the tax valuations, levies, assessments, or 333
collections in such county. 334
Section 13. Collection o f taxes; enforcement. —All taxes 335
levied and assessed by the Board of County Commissioners of Lake 336
County for the district authority (beginning with the year 1953) 337
shall be collected and the enforcement thereof shall be at the 338
same time and in the same manne r as other county taxes are 339
collected and enforced and when so collected shall be paid over 340
to the board for its use pursuant to this act. 341
Section 14. Borrowing of funds; bond issuance. — 342
(b) The board may issue bonds payable solely from revenues 343
of the district authority. The value of all such bonds 344
outstanding at any time may not exceed an amount equal to one -345
third of the district's authority's anticipated revenues for the 346
period for which the bonds are outstanding. Revenue bonds may 347
not be issued unless their issuance has been approved by a 348
majority of those electors of the district authority voting in a 349
referendum in which the ballot statement describes in detail the 350
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purpose for which the bonds will be issued. 351
Section 15. Financi al statement.—At least once in each 352
year the board shall publish on the district's authority's 353
website and in a newspaper of general circulation published in 354
Lake County a complete detailed statement of its financial 355
condition, including a list of all mone ys received and disbursed 356
by the board during the preceding year. 357
Section 16. Construction. —It is the intention of the 358
Legislature that the provisions of this act be reasonably 359
construed to accomplish its purposes. 360
Section 17. Plan; annual report. — 361
(a) The district authority shall prepare and publish on 362
the district's authority's website a plan that describes the 363
district's authority's goals for the ensuing 5 years. The plan 364
must include projects that will be undertaken within that period 365
in furtherance of its goals. The district authority shall update 366
the plan periodically. 367
(b) The district authority shall annually prepare and 368
publish on the district's authority's website a report that 369
includes an evaluation and assessment of the effectiveness o f 370
the district's authority's activities in the preceding year. The 371
report must address both ongoing activities of the district 372
authority and the progress in meeting goals and projects 373
enumerated in the 5-year plan. The report shall be submitted to 374
the Legislature, the St. Johns River Water Management District, 375
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and the Lake County Board of County Commissioners. 376
Section 18. Charter amendment. —The district's charter may 377
be amended only by the Legislature or the Board of County 378
Commissioners of Lake County . 379
Section 2. No later than 30 days after the date this act 380
becomes law, the Board of County Commissioners of Lake County 381
shall appoint five members to the board of advisors of the 382
district, three members to serve initial terms of 4 years and 383
two members to serve initial terms of 2 years in order to 384
achieve staggered terms for the board. Board members appointed 385
subsequent to these initial terms shall serve full terms of 4 386
years as provided in the charter. The members serving on the 387
board of advisors of th e district on the effective date of this 388
act shall continue in office until members are appointed 389
pursuant to this section. 390
Section 3. Upon becoming law, chapter 2005 -314, Laws of 391
Florida, as amended by chapter 2017 -218, Laws of Florida, and 392
this act, shall become a separate chapter of the Lake County 393
Codification and shall be subject to revision, amendment, or 394
repeal by the Board of County Commissioners of Lake County. 395
Section 4. This act shall take effect upon becoming a law. 396