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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
A bill to be entitled 1
An act relating to Glades County; creating the 2
Lakeport Water and Sewer District; providing a short 3
title, legislative findings and intent, and 4
definitions; establishing compliance with minimum 5
requirements in s. 189.031(3), F.S., for creation of 6
an independent special district; establishing the 7
legal boundaries of the district; providing for 8
service areas subject to the approval of affected 9
general purpose local government; providing that the 10
purpose of the district shall be for the planning, 11
acquisition, development, operation, and maintenance 12
of water and wastewater management systems within the 13
district and its service area; limiting district 14
services and facilities to only those areas authorized 15
by affected general purpose local government; 16
providing for an appointed governing body of the 17
authority, terms of office, qualifications, 18
compensation, and method of appointment; providing for 19
the filling of vacancies in office; providing district 20
powers, functions, and duties; providing for the 21
acquisition of land; providing for the levy and 22
collection of rates, fees, and other charges for 23
capital facilities or use of district services or 24
payment of operating and financing costs; providing 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
for borrowing money and issuing bonds, certificates, 26
obligations, or othe r evidence of indebtedness; 27
prohibiting the creation of state, county, or 28
municipal debt; providing for the collection of unpaid 29
rates, fees, and other charges; providing for the 30
adoption of a master plan; providing for enforcement 31
and penalties; providing for merger and dissolution; 32
providing construction; providing severability; 33
providing an effective date. 34
35
Be It Enacted by the Legislature of the State of Florida: 36
37
Section 1. Short title.—This act may be known and cited as 38
the "Lakeport Water and Sewer District Act." 39
Section 2. Legislative findings and intent. — 40
(1) It is declared as a matter of legislative 41
determination that the extensive growth of population and 42
attendant commerce throughout Glades County has given rise to 43
public health and water supply concerns in that many of the 44
unincorporated areas of Glades County are not served by water 45
and sewer facilities normally and generally provided and 46
maintained by governmental agencies and instead are served by 47
private wells and privately owne d package sewage treatment 48
plants or septic tanks. The proliferation of such package and 49
sewage treatment plants and the use of septic tanks pose a 50
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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
significant risk of contamination of water supply sources for 51
both incorporated and unincorporated areas of Glades County. 52
(2) It is declared as a matter of legislative 53
determination that the extensive growth of population and 54
attendant commerce throughout Glades County has caused affected 55
general purpose local governments within Glades County to 56
recognize the need to consider, advance, and develop a regional 57
approach to the governmental delivery and provision of potable 58
water, wastewater, nonpotable water, and reclaimed water 59
facilities and services, the protection of the environment, and 60
the use of valuable w ater resources. 61
(3) Each of the affected general purpose local governments 62
within Glades County must meet the comprehensive planning 63
requirements of chapter 163, Florida Statutes, which mandate 64
that local governments coordinate their plans for future gro wth 65
with available resources of funding and availability of 66
infrastructure. The provision of potable and nonpotable water 67
and wastewater services and facilities is a major factor in such 68
infrastructure coordination. A focused regional approach to 69
local governmental ownership and provision of potable and 70
nonpotable water and wastewater utility facilities is desirable 71
and will readily allow Glades County and certain adjacent areas 72
upon approval of any affected general purpose local government, 73
to more effectively meet their statutory mandate with respect to 74
the utilities element of their respective comprehensive plans. 75
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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
(4) It is the intent of the Legislature to create an 76
independent special district in Glades County that can address 77
and carry out the provisi on of potable and nonpotable water and 78
wastewater services and facilities in certain areas of Glades 79
County, as hereinafter provided, to protect the local and 80
regional environment; more efficiently use, preserve, address, 81
protect, and have standing in all respects to use, preserve, 82
address, and protect, valuable local and regional water 83
resources; and advance regional and comprehensive planning. 84
Section 3. Definitions.—As used in this act, unless a 85
different meaning appears clearly from the context: 86
(1) "Authority" or "District" means Lakeport Water and 87
Sewer District and, unless the context indicates otherwise, 88
means the independent special district created by this act and 89
identified in section 4, to be known as the Authority or 90
District, and the terr itory included within the special 91
district. 92
(2) "Authority facilities" means the Authority's potable 93
and nonpotable water production, transmission, treatment, and 94
distribution facilities, systems, and property, and the 95
Authority's wastewater treatment, c ollection, and disposal 96
facilities, systems, and property, including reuse, nonpotable, 97
and reclaimed water facilities and systems, as they may be 98
modified, improved, or expanded from time to time, which are 99
owned, leased, operated, managed, or used, from time to time, by 100
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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
the Authority to provide water and wastewater services. 101
Authority facilities shall include all property, real or 102
personal, tangible or intangible, now or hereafter owned, 103
leased, operated, or managed by the Authority in connection with 104
the provision of water and wastewater services and shall also 105
include any such property used or to be used jointly as 106
specifically provided for herein. 107
(3) "Cost," when used in connection with a project, means: 108
(a) The Authority's cost of construction. 109
(b) Costs of land and interests thereon and the cost of 110
the Authority incidental to such transfer or acquisition. 111
(c) The cost of any indemnity or surety bonds and premiums 112
for insurance during construction. 113
(d) All interest due to be paid on the obligations 114
relating to the project during the period of acquisition and 115
construction of such project and for periods subsequent to 116
completion of acquisition and construction as the Board of 117
Supervisors may determine by resolution. 118
(e) Engineering, legal , and other consulting fees and 119
expenses. 120
(f) Costs and expenses of the financing incurred for such 121
project, including audits, fees, and expenses of any paying 122
agent, registrar, trustee, consultant, attorney, engineer, 123
credit enhancer, or depository. 124
(g) Payments, when due whether at the maturity of 125
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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
principal or the due date of interest or upon redemption on any 126
interim or temporary indebtedness incurred for such project. 127
(h) Costs of machinery, equipment, supplies, and spare 128
parts required by the Aut hority for the commencement of 129
operation of such project or continuation of operation of such 130
project. 131
(i) Any other costs properly attributable to such project 132
or to the issuance of obligations which finance such project, as 133
determined by generally acce pted accounting principles 134
applicable to such project, and shall include reimbursement to 135
the Authority for any such items of cost advanced, incurred, or 136
paid by the Authority or a general purpose local government 137
prior to issuance of the obligations issue d to finance or 138
acquire such project. Additional items of cost may be provided 139
pursuant to the financing documents. 140
(4) "Financing documents" means the resolution or 141
resolutions duly adopted by the Authority, as well as any 142
indenture of trust, trust agre ement, interlocal agreement, or 143
other instrument relating to the issuance or security of any 144
bond or obligations of the Authority. 145
(5) "Obligations" means a series of bonds, obligations, or 146
other evidence of indebtedness, including, but not limited to, 147
notes, commercial paper, capital leases, or any other 148
obligations of the Authority issued hereunder, or under any 149
general law provisions, and pursuant to the financing documents. 150
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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
The term shall also include any lawful obligation committed to 151
by the Authority pursuant to an interlocal agreement with 152
another governmental body or agency. 153
(6) "Pledged funds" means: 154
(a) The revenues, fees, charges, and other moneys received 155
by the Authority or its designee relating to its ownership or 156
operation of the Authori ty facilities, or some portion thereof. 157
(b) Until applied in accordance with the terms of the 158
financing documents, all moneys in the funds, accounts, and sub -159
accounts established thereby, including investments therein. 160
(c) Such other property, assets, and moneys of the 161
Authority as shall be pledged pursuant to the financing 162
documents, in each case to the extent provided by the Board of 163
Supervisors pursuant to the financing documents. The funds 164
pledged to one series of obligations may be different than t he 165
funds pledged to other series of obligations. 166
(7) "Project" means any structure, property, or facility 167
which the Authority, from time to time, may determine to 168
construct or acquire as part of its Authority facilities, 169
together with all improvements, equipment, structures, and other 170
facilities necessary or appropriate in connection therewith. 171
This term is to be broadly construed so as to include the lawful 172
undertaking which will accrue, or is reasonably expected to 173
accrue, to the benefit of the Authori ty facilities, including 174
joint ventures and acquisitions of partial interests or 175
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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
contractual rights. "Project" shall include, but not be limited 176
to, acquisition or transfer of any water or wastewater utility 177
system, water or wastewater utility assets, or s ecuring the 178
right to provide any water or wastewater utility service. 179
"Project" may also include working capital, as well as any costs 180
or judgments associated with litigation. 181
(8) "Ratepayer" means any natural person who pays rates, 182
fees, or charges on a recurring basis to the Authority, or who 183
is an official, officer, member, or employee of any entity, 184
public or private, that pays rates, fees, or charges on a 185
recurring basis to the Authority. 186
(9) "Service area" means the geographic boundaries within 187
which the Authority provides, or is otherwise authorized 188
pursuant to the provisions of this act to provide, water or 189
wastewater services or facilities. 190
Section 4. District Establishment and Creation. — 191
(1) There is hereby created and established a speci al 192
purpose local governmental body, corporate and politic, to be 193
known as Lakeport Water and Sewer District. The Lakeport Water 194
and Sewer District is hereby created and incorporated as an 195
independent special district, pursuant to and in conformance 196
with chapter 189, Florida Statutes. 197
(2) The District boundary shall embrace and include: 198
All lands in Glades County, Florida lying within the following 199
description: 200
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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
201
Section 12, Township 40 South, Range 32 East: All 202
lying southeasterly of the Brighton Seminole Indian 203
Reservation. 204
205
Section 13, Township 40 South, Range 32 East: All 206
lying northwesterly of the Herbert Hoover Dike (Lake 207
Okeechobee levee) right -of-way and southeasterly of 208
the Brighton Seminole Indian Reservation. 209
210
Section 14, Township 40 South, Range 32 East: All 211
lying southeasterly of the Brighton Seminole Indian 212
Reservation. 213
214
Section 20, Township 40 South, Range 32 East: 215
Southeast one-quarter of the southeast one -quarter of 216
the southeast one-quarter; south three -quarters of the 217
southwest one-quarter of the southeast one -quarter. 218
219
Section 21, Township 40 South, Range 32 East: 220
Southwest one-quarter of the southeast one -quarter of 221
the northeast one-quarter; and the south one -half of 222
the southwest one-quarter of the northeast one -quarter 223
lying southeast of the east right-of-way line of Red 224
Barn Rd.; and the south one -half of said section less 225
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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
the north three-quarters of the northeast one -quarter 226
of the southwest one -quarter of said section. 227
228
Section 22, Township 40 South, Range 32 East: All 229
lying south of the Brighton Seminole Indian 230
Reservation and North of the Herbert Hoover Dike, 231
(Lake Okeechobee Levee) right -of-way. 232
233
Section 23, Township 40 South, Range 32 East: All 234
lying south of the Brighton Seminole Indian 235
Reservation and North of the Herbert Hoover Dike, 236
(Lake Okeechobee Levee) Right -of-way. 237
238
Section 24, Township 40 South, Range 32 East: All 239
lying Northwesterly of the Herbert Hoover Dike (Lake 240
Okeechobee Levee) right -of-way. 241
242
Section 27, Township 40 South, Range 32 East: All 243
lying Northwesterly of t he Herbert Hoover Dike (Lake 244
Okeechobee Levee) right -of-way. 245
246
Section 28, Township 40 South, Range 32 East: All. 247
248
Section 29, Township 40 South, Range 32 East: All less 249
the following described parcel; begin at the northwest 250
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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
corner of said section 29; thenc e N89° 32' 28" E a 251
distance of 810.47 feet; thence S 02° 34' 55" W a 252
distance of 2119.61 feet; thence N 78° 29' 58" W a 253
distance of 750 feet along the meander line to the 254
west line of said section; thence northerly along said 255
west line to the point of begi nning. 256
257
Section 30, Township 40 South, Range 32 East: All 258
lying south of the south line of the L -50 Tie back 259
Levee. 260
261
Section 31, Township 40 South, Range 32 East: All. 262
263
Section 32, Township 40 South, Range 32 East: All. 264
265
Section 33, Township 40 South, Rang e 32 East: All. 266
267
Section 2, Township 40 South, Range 33 East: All lying 268
northwesterly of the Herbert Hoover Dike (Lake 269
Okeechobee Levee) right -of-way. 270
271
Section 3, Township 40 South, Range 33 East: All lying 272
northwesterly of the Herbert Hoover Dike (Lake 273
Okeechobee Levee) right -of-way. 274
275
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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
Section 4, Township 40 South, Range 33 East: All. 276
277
Section 5, Township 40 South, Range 33 East: All. 278
279
Section 6, Township 40 South, Range 33 East: All. 280
281
Section 7, Township 40 South, Range 33 East: All. 282
283
Section 8, Township 40 South, Range 33 East: All lying 284
northwesterly of the Herbert Hoover Dike (Lake 285
Okeechobee Levee) right -of-way. 286
287
Section 9, Township 40 South, Range 33 East: All lying 288
northwesterly of the Herbert Hoover Dike (Lake 289
Okeechobee Levee) right -of-way. 290
291
Section 17, Township 40 South, Range 33 East: All 292
lying northwesterly of the Herbert Hoover Dike (Lake 293
Okeechobee Levee) right -of-way. 294
295
Section 18, Township 40 South, Range 33 East: All 296
lying northwesterly of the Herbert Hoover Dike (Lake 297
Okeechobee Levee) right-of-way. 298
299
Section 14, Township 39 South, Range 33 East: All 300
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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
lying southwesterly of the Indian Prairie Canal (C -40) 301
Canal right-of-way. 302
303
Section 15, Township 39 South, Range 33 East: All 304
lying southwesterly of the Indian Prairie Canal (C -40) 305
Canal right-of-way. 306
307
Section 21, Township 39 South, Range 33 East: All 308
lying easterly of the Brighton Seminole Indian 309
Reservation. 310
311
Section 22, Township 39 South, Range 33 East: All. 312
313
Section 23, Township 39 South, Range 33 East: All 314
lying southwesterly of the Indian Prairie Canal (C -40) 315
Canal right-of-way. 316
317
Section 24, Township 39 South, Range 33 East: All 318
lying southwesterly of the Indian Prairie Canal (C -40) 319
Canal right-of-way. 320
321
Section 25, Township 39 South, Range 33 East: All 322
lying southwesterly of the Indian Prairie Canal (C -40) 323
Canal right-of-way and northwesterly of the Herbert 324
Hoover Dike (Lake Okeechobee Levee) right -of-way. 325
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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
326
Section 26, Township 39 South, Range 33 East: All. 327
328
Section 27, Township 39 South, Range 33 East: All. 329
330
Section 28, Township 39 South, Range 33 East: All 331
lying southeasterly of the Brighton Seminole Indian 332
Reservation. 333
334
Section 29, Township 39 South, Range 33 East: All 335
lying southeasterly of the Brighton Seminole Indian 336
Reservation. 337
338
Section 31, Township 39 South, Range 33 East: All 339
lying southeasterly of the Brighton Seminole Indian 340
Reservation. 341
342
Section 32, Township 39 South, Range 33 East: All 343
lying southeasterly of the Brighton Seminole Indian 344
Reservation. 345
346
Section 33, Township 39 South, Range 33 East: All. 347
348
Section 34, Township 39 South, Range 33 East: All. 349
350
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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
Section 35, Township 39 South, Range 33 East: All 351
lying northwesterly of the Herbert Hoover Dike (Lake 352
Okeechobee Levee) right -of-way. 353
354
Section 36, Township 39 South, Range 33 East: All 355
lying northwesterly of the Herbert Hoover Dike (Lake 356
Okeechobee Levee) right -of-way. 357
358
All within Glades County, FL. 359
360
361
The District boundary may be expanded to include any 362
service area within the boundaries of an affected 363
general purpose local government upon the adoption of 364
a resolution by the governing body of the affected 365
general purpose local government authorizing the 366
Authority to provide its service and facilities 367
therein. 368
369
(3) The Authority is created for all purposes set forth in 370
this act and chapter 189, Florida Statutes, as may be amended 371
from time to time. 372
(4) The charter created by this act may be amended only by 373
special act of the Legislature. 374
(5) The purpose of the District is to perform such acts as 375
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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
shall be necessary for the sound planning, acquisition, 376
development, operation, and maintenance of governmentally owned 377
potable and nonpotable water and wastewater management and 378
delivery systems within the District and its service area, 379
including all business facilities necessary and incidental 380
thereto. As provided herein, the Authority shall have exclusive 381
jurisdiction over the acquisition, development, operation, and 382
management of such water and wastewater management systems 383
capable of being provided by general purpose local governments 384
in and for the District boundaries and t he service area. 385
Section 5. Authority to operate in Glades County or areas 386
adjacent to Glades County; subject to general purpose local 387
government consent.—By resolution of the governing bodies of 388
each of the general purpose local governments affected, all 389
power and authority available to the Authority under general 390
law, including without limitation, chapters 163, 189, and 197, 391
Florida Statutes, and this act shall be deemed to be irrevocably 392
authorized and may be implemented by the Authority within the 393
boundaries of each of the general purpose local governments 394
affected. This act expressly authorizes by law the transfer to 395
the Authority or the contracting by the Authority for the 396
provision of any water or wastewater systems, facilities, or 397
services within the District or its service area. 398
Section 6. Governing body.— 399
(1) The governing body of the authority shall consist of 400
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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
five members acting as the Board of Supervisors. Upon the 401
effective date of this act, the business and affairs of the 402
District shall be conducted and administered by the five -member 403
board of the Lakeport Water Association who will serve as Board 404
of Supervisor for seats 1, 2, 3, 4 and 5 of the Lakeport Water 405
and Sewer District. The initial appointed board will consist of: 406
(a) Board of Supervisor Seat 1 of the District shall be 407
filled by the Chairperson of the Lakeport Water Association, 408
Inc., until November 3, 2026. 409
(b) Board of Supervisor Seat 2 of the District shall be 410
filled by the Vice Chairperson of the Lakeport Water 411
Association, Inc., until November 3, 2026. 412
(c) Board of Supervisor Seat 3 of the District shall be 413
filled by the Secretary/Treasurer of the Lakeport Water 414
Association, Inc., until November 3, 2026. 415
(d) Board of Supervisor Seat 4 of the District shall be 416
filled by the fourth board member of Lakeport Water Association, 417
Inc., until November 5, 2024. 418
(e) Board Supervisor Seat 5 of the District shall be 419
filled by the fifth board member of the Lakeport Water 420
Association, Inc., until November 5, 2024. 421
(2) Upon expiration of his or her term, replacements shall 422
be elected as follows. Beginning on November 5, 2024, the two 423
at-large members shall be elected every 4 years. Beginning on 424
November 3, 2026, the remaining three members shall be elected 425
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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
every 4 years. The pro cedures for conducting district elections 426
or referenda and for qualification of electors shall be pursuant 427
to chapter 189, Florida Statutes. Unless otherwise provided in 428
s. 189.04, Florida Statutes, all elections for supervisors shall 429
be held on the first Tuesday after the first Monday in November 430
of even-numbered years. The district supervisors shall be 431
registered voters and residents of the district and elected at 432
large by nonpartisan plurality vote with the candidate who 433
receives the highest number of vo tes for each seat winning the 434
election. Only registered voters residing within the district 435
shall be permitted to vote. The cost of any election shall be 436
borne by the district. The term of each commissioner shall begin 437
immediately upon that supervisor's el ection. 438
(3) Qualifying for the position of district supervisor 439
shall be coordinated by the supervisors of elections of the 440
counties within which the district is located. Methods of 441
qualifying shall be uniform pursuant to s. 99.061, Florida 442
Statutes. Candidates shall be required to open depositories and 443
appoint treasurers before accepting any contributions or 444
expending any funds. 445
(4) All members of the Board of Supervisors shall be 446
ratepayers and qualified electors of Glades County. Glades 447
County shall consider but is not required to appoint members 448
with business, real estate development, engineering, accounting, 449
financial, scientific, utility, governmental, or public service 450
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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
backgrounds. 451
(5) If a vacancy occurs on the board due to the 452
resignation, death, or removal of a board member or the failure 453
of anyone to qualify for a board seat, the remaining members may 454
appoint a qualified person to fill the seat until the next 455
general election, at which time an election shall be held to 456
fill the vacancy for the remaining term, if any. Any person 457
appointed to fill a vacancy shall be appointed to serve only for 458
the unexpired term. 459
(6) The Board of Supervisors shall elect a Chairperson and 460
Vice Chairperson each of whom shall serve for 1 year commencing 461
as soon as practicable after the election and until his or her 462
successor is chosen. The Chairperson and Vice Chairperson shall 463
conduct the meetings of the authority and perform such other 464
functions as herein provided. The Chairperson and Vice 465
Chairperson shall take such actions and have all such powers and 466
sign all documents on behalf of the Authority in furtherance of 467
this act or as may be approved by Resolution or Motion of the 468
Board of Supervisors adopted at a duly called meeting. The Vice 469
Chairperson, in the Chai rperson's absence, shall preside at all 470
meetings. If both the Chairperson and Vice Chairperson are 471
absent the Supervisor with the longest tenure shall preside at 472
the meeting. Minutes shall be taken in accordance with the law. 473
Copies of all minutes of the m eetings of the authority shall 474
promptly be sent to all members of the Board of Supervisors and 475
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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
to each general purpose local government located within the 476
District or the service area. 477
(7) The Board of Supervisors shall have those 478
administrative duties s et forth in this act and chapter 189, 479
Florida Statutes, as may be amended from time to time. Any 480
certificate, resolution, or instrument signed by the 481
Chairperson, Vice Chairperson, or such other person of the 482
Authority as may hereafter be designated and au thorized by the 483
Board of Supervisors shall be evidence of the action of the 484
Authority, and any such certificate, resolution, or other 485
instrument so signed shall be conclusively presumed to be 486
authentic. 487
(8) Future elected members of the Board of Supervis ors, 488
shall receive a fee in the amount of $100 per meeting, not to 489
exceed 3 meetings per month. In addition, each member of the 490
Board of Supervisors shall be reimbursed for expenses as 491
provided in general law, or otherwise approved by the Board of 492
Supervisors for travel on authority business outside of the 493
boundaries of the District or service area of the District. 494
(9) Three members shall constitute a quorum for the 495
transaction of business of the Authority. The affirmative vote 496
of the majority of the memb ers of the Board of Supervisors 497
present and voting (exclusive of any member having a conflict) 498
shall be necessary to transact business. However, any increase 499
in rates, fees, or charges shall require the affirmative vote of 500
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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
a majority of the entire Board of Supervisors. 501
Section 7. Conflicts of interest prohibited. —No member, 502
officer, agent, or employee of the Authority, either for himself 503
or herself or as agent for anyone else or as a stockholder or 504
owner in any other legal entity, shall participate in o r benefit 505
directly or indirectly from any sale, purchase, lease, contract, 506
or other transaction entered into by the Authority. For the 507
purposes of this act, a direct or indirect benefit or 508
participation shall mean a "special private gain or loss" as 509
defined in the code of ethics for public officers and employees, 510
general law, and shall be determined in the same manner as the 511
question of "special private gain or loss" would be determined 512
for purposes of a violation of s. 112.3143, Florida Statutes, or 513
its successor in function. A member, officer, agent, or employee 514
of the Authority may rely upon an advisory opinion or 515
determination of the state commission on ethics or the 516
Authority's general counsel as to the question of whether or not 517
there would be a specia l private gain or loss, and such 518
determination shall also be determinative of the ability of the 519
member, officer, agent, or employee to vote under the provisions 520
of this act or of the conduct of the member, officer, agent, or 521
employee under this act. The v iolation of any provisions of this 522
act is declared to be a criminal offense and misdemeanor within 523
the meaning of s. 775.08, Florida Statutes, and shall be 524
punishable as provided by general law. The provisions of this 525
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section shall be cumulative to any gen eral laws of the state 526
which are from time to time applicable to members, officers, 527
agents, or employees of the Authority and which require the 528
disclosure of, or prohibit, conflicts of interest. 529
Section 8. Meetings; notice.—The Board of Supervisors 530
shall hold meetings pursuant to chapter 189, Florida Statutes. 531
Section 9. Reports; budgets; audits. —The District shall 532
prepare and submit reports, budgets, financial disclosure, 533
noticing, reporting and audits as provided in chapter 189, 534
Florida Statutes, and in accordance with general law. 535
Section 10. District powers, functions, and duties. — 536
(1) The Authority shall have all powers to carry out the 537
purposes of this act and the functions and duties provided for 538
herein, including the following powers wh ich shall be in 539
addition to and supplementing any other privileges, benefits, 540
and powers granted by this act or general law: 541
(a) To acquire, construct, own, lease, operate, manage, 542
maintain, dispose of, improve, and expand the Authority 543
facilities and to have the exclusive control and jurisdiction 544
thereof. 545
(b) To execute all contracts and other documents, adopt 546
all proceedings, and perform all acts determined by the Board of 547
Supervisors as necessary or advisable to carry out the purposes 548
of this act. The Chairperson or Vice Chairperson shall execute 549
contracts and other documents on behalf of the Board of 550
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Supervisors. 551
(c) To provide for mandatory water or wastewater 552
connections of potential customers, including customers served 553
by onsite sewage treatmen t and disposal systems, upon 554
availability of service by the Authority within 90 days after 555
notice of availability of such services. 556
(d) To collect rates, fees, and charges from public or 557
quasi-public corporations, municipalities, counties, the state 558
or its agencies, the Federal Government, or any other public or 559
governmental agencies or bodies for the use or provision of 560
Authority facilities or services. 561
(e) To fix, levy, and collect rates, fees, and other 562
charges from persons or property, or both, for the use of the 563
services, facilities, and product of the Authority facilities or 564
to pay the operating or financing costs of the Authority 565
facilities available to potential users; to fix and collect 566
charges for making connections with the Authority faciliti es; 567
and, to the extent provided by law, to provide for reasonable 568
penalties to be imposed on any users or property for any such 569
rates, fees, or charges that are delinquent. 570
(f) To discontinue or terminate water or wastewater 571
service to any person or customer who violates the provisions of 572
this act or any duly adopted resolutions or regulations of the 573
Authority, including, but not limited to, delinquency of any 574
amounts owed the Authority or failure to connect to the 575
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Authority's facilities or water or wastewater systems and 576
failure to provide to the authority without cost such easements 577
or property interests as are reasonably required to provide 578
service. Any means of enforcemen t available to the Authority to 579
require and enforce the use of its service or facilities shall 580
be alternative and supplemental to any other means available to 581
the Authority. 582
(g) To contract for the service of engineers, accountants, 583
attorneys, and other experts or consultants and such other 584
agents and employees as the Board of Supervisors may require or 585
deem appropriate from time to time. 586
(h) To acquire such lands and rights and interests 587
therein, including lands under water and riparian rights; to 588
acquire such personal property as the Authority may deem 589
necessary and appropriate in connection with the acquisition, 590
ownership, expansion, improvement, operation, and maintenance of 591
the Authority facilities; and to hold and dispose of all real 592
and personal property under its control. The power of eminent 593
domain, to the maximum extent available to any general purpose 594
local government, may be exercised by the Authority both within 595
and outside the District or service area for the purpose of 596
carrying out the inte nt of this act. 597
(i) To lease or rent any of its easements, real property 598
interests, or facilities to other utility providers which are 599
owned by a municipality, county, or special district, or which 600
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hold a franchise from a municipality or county, with suc h lease 601
or rental to be for joint use by the Authority and such other 602
utility provider. 603
(j) To adopt all necessary regulations by resolution that 604
provide design and construction specifications and procedures 605
for the dedication of facilities to the Author ity. The Authority 606
may require as condition precedent to the approval of any 607
connection to Authority facilities: 608
1. That all subdivision type infrastructure, or other 609
contributed transmission or distribution infrastructure 610
necessary to serve a particular project or customer, and 611
necessary easements be approved by and dedicated to the 612
Authority. 613
2. Surety bonds or other guarantees from any developer to 614
ensure completion of construction in compliance with such 615
uniform water and wastewater standards, rules, and regulations 616
adopted by the Authority. 617
3. That the developer make available interim treatment 618
facilities or services or contract for same on an interim basis 619
from an authorized service provider. 620
4. That the developer, or the person or entity the 621
developer has contracted with, provide interim treatment service 622
or lease back for nominal consideration and maintain such 623
dedicated or contributed facilities until such time as the 624
Authority provides services, provided in each case the foregoing 625
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actions shall be consistent with the comprehensive plans of any 626
affected general purpose local government. 627
(k) To exercise exclusive jurisdiction, control, and 628
supervision over the Authority facilities and to make and 629
enforce such rules and regulations for th e maintenance, 630
management, and operation of the Authority facilities as may be, 631
in the judgment of the Board of Supervisors, necessary or 632
desirable for the efficient operation of the Authority 633
facilities in accomplishing the purposes of this act. 634
(l) To enter into interlocal agreements or join with any 635
other special purpose or general purpose local governments, 636
public agencies, or authorities in the exercise of common 637
powers. 638
(m) To contract with private or public entities or persons 639
to obtain, provide, treat, distribute, or receive potable and 640
nonpotable water or to provide or receive wastewater disposal, 641
collection, or treatment and, to additionally enjoy all powers 642
necessary to contract by interlocal agreement with the state or 643
any general or special purpose local government to manage, 644
treat, store, or provide for surface runoff or stormwater 645
management, detention, retention, recovery, protection, use, or 646
any similar activity which makes available, protects, conserves, 647
or otherwise uses nonpotable wate r, including, but not limited 648
to, the establishment or assistance in the operation of any 649
reservoir or stormwater utility program, or the imposition, 650
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levy, billing, collection, and enforcement of payment for such 651
projects or services for any associated rat es, fees, or charges 652
therefor. 653
(n) To prescribe methods of pretreatment of commercial or 654
industrial wastes before accepting such wastes for treatment and 655
to refuse to accept such commercial or industrial wastes when 656
not sufficiently pretreated as may be prescribed, and, to the 657
extent permitted by law, to prescribe penalties including fines 658
or penalties not exceeding $2,000 per day, if the Authority is 659
required by a state or federally mandated program to have the 660
Authority and power to fine or charge any p erson or entity for 661
the refusal to so pretreat such commercial or industrial wastes. 662
(o) To require and enforce the use of services, products, 663
and facilities of the Authority whenever and wherever they are 664
accessible, and to require and enforce the insta llation and 665
dedication to the Authority of water and wastewater facilities 666
or easements as a condition precedent to the provision of 667
service by the Authority or by another entity authorized by the 668
Authority to provide interim service until Authority servic es, 669
products, and facilities are available. 670
1. Whenever water or wastewater service is required, the 671
owner shall retain a qualified contractor to install the 672
required facilities, extensions, and connections. All facilities 673
shall conform to the Authority' s specified minimum design and 674
construction standards and specifications and applicable growth 675
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management, plumbing, and building regulations and codes. The 676
installation and connection process shall provide the owner with 677
the right to control the placement , manner, use, and disposition 678
of the installation on private property, subject to the minimum 679
design and construction standards of the Authority and as is 680
reasonably necessary to protect the efficiency and integrity of 681
the Authority's facilities. Such con trol is afforded to the 682
owner to minimize the physical, aesthetic, and other effects of 683
the installation or connection on the affected property. Upon 684
connection, the owner shall be deemed to have granted a license 685
to the Authority to enter upon the affecte d property to inspect, 686
repair, reconstruct, or otherwise maintain the installation or 687
connection. Unless authorized otherwise, the owner shall be 688
deemed to own such installation located on the owner's property 689
and may repair, demolish, or construct in the area of the 690
improvement served by the installation or connection, subject to 691
the Authority's minimum design and construction standards and 692
specifications for the Authority's facilities, and applicable 693
growth management, plumbing, and building regulations a nd codes. 694
2. In circumstances in which an owner fails or refuses to 695
connect to the Authority facilities, the Authority shall be 696
entitled to seek and employ any legally available remedy to 697
cause the installation of onsite water or wastewater facilities 698
necessary to effectuate the connection of the owner's premises 699
to Authority facilities. Under such circumstances, any 700
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installation by the Authority shall be performed after 701
reasonable efforts by the Authority to solicit, and in deference 702
to, the owner's requ ests, if any, concerning the placement, 703
manner, use, and disposition of the installation on the owner's 704
premises subject to the Authority's applicable minimum design 705
and construction standards and specifications which are 706
reasonably necessary to protect th e efficiency and integrity of 707
the Authority's facilities. Upon connection, the owner shall be 708
deemed to have granted a license to the Authority to enter upon 709
the affected property to inspect, repair, reconstruct, or 710
otherwise maintain the installation or c onnection. Unless 711
authorized otherwise, the owner shall be deemed to own such 712
installation located on the property and may repair, demolish, 713
or construct in the area of the improvement served by the 714
installation or connection, subject to the Authority's mi nimum 715
design and construction standards and specifications for 716
Authority facilities, and applicable growth management, 717
plumbing, and building regulations and codes. 718
(p) To sell or otherwise dispose of the effluent, sludge, 719
or other byproducts as a result of water or wastewater 720
treatment. 721
(q) To provide wastewater treatment and disposal and 722
develop, receive, recover, treat, store, and supply potable and 723
nonpotable water withdrawn from or accumulated within the 724
District on a retail, wholesale, or bulk ser vice basis. 725
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(r) To produce and sell bottled water and to undertake any 726
activity related thereto. 727
(s) To accomplish construction directly or by letting 728
construction contracts to other entities, whether public or 729
private, for all or any part of the const ruction of improvements 730
to the Authority facilities as determined by the Board of 731
Supervisors in accordance with applicable law. 732
(t) To construct, maintain, and operate connecting, 733
intercepting, or outlet wastewater and wastewater mains and 734
pipes and water mains, conduits, or pipelines in, along, or 735
under any streets, alleys, highways, or other public places or 736
ways regulated by or under the jurisdiction of the state or any 737
political subdivision, tribal nation or municipal corporation 738
when necessary or co nvenient for the purposes of the Authority. 739
(u) Subject to such provisions and restrictions as may be 740
set forth in any financing document, to enter into contracts 741
with the government of the United States or any agency or 742
instrumentality thereof, the stat e, or any municipality, county, 743
district, authority, political subdivision, private corporation, 744
partnership, association, tribal nation or individual providing 745
for or relating to the treatment, collection, and disposal of 746
wastewater or the treatment, supp ly, and distribution of water 747
and any other matters relevant thereto or otherwise necessary to 748
effect the purposes of this act. 749
(v) To receive and accept from any federal or state agency 750
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grants or loans for or in aid of the planning, construction, 751
reconstruction, or financing of improvements, additions, or 752
extensions to the Authority facilities and to receive and accept 753
aid or contributions or loans from any other source of money, 754
labor, or other things of value, to be held, used, and applied 755
only for the purpose for which such grants, contributions, or 756
loans may be made. 757
(w) To purchase or assume the ownership, lease, operation, 758
management, or control of any publicly or privately owned water 759
or wastewater facilities, including the assumption, defeasance , 760
or payment of the financial liabilities associated with such 761
water and wastewater facilities. 762
(x) To divide the Authority facilities into separate 763
units, benefit areas, subsystems, or subdistricts, or otherwise 764
separate a utility system, for, setting r ates, fees, or charges, 765
accounting or financing improvements or additions, or any other 766
purpose. 767
(y) To appoint advisory boards and committees to assist 768
the Board of Supervisors in the exercise and performance of the 769
powers and duties provided in this ac t. 770
(z) To sue and be sued in the name of the Authority and to 771
participate as a party in any civil, administrative, or other 772
action. 773
(aa) To adopt and use a seal and authorize the use of an 774
electronic version thereof, in accordance with the law. 775
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(bb) To employ or contract with any public or private 776
entity or person to manage and operate the Authority facilities, 777
or any portion thereof, upon such terms as the Board of 778
Supervisors deems appropriate. 779
(cc) Subject to such provisions and restrictions as may be 780
set forth in any financing document, to sell or otherwise 781
dispose of the Authority facilities, or any portion thereof, 782
upon such terms as the Board of Supervisors deems appropriate, 783
and to enter into acquisition or other agreements to affect such 784
dispositions. 785
(dd) To acquire by purchase, gift, devise, or otherwise, 786
and to dispose of, real or personal property or any estate 787
therein. 788
(ee) To make and execute contracts or other instruments 789
necessary or convenient to the exercise of its powers. 790
(ff) To provide such deferred compensation, retirement 791
benefits, or other benefits and programs as the Board of 792
Supervisors deems appropriate. 793
(gg) To maintain an office or offices at such place or 794
places as the Board of Supervisors may designate from time to 795
time. 796
(hh) To hold, control, and acquire by donation, purchase, 797
or eminent domain or dispose of any public easements, 798
dedications to public use, platted reservations for public 799
purposes, or any reservations for those purposes authorized by 800
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this act and to make use of such easements, dedications, and 801
reservations for any of the purposes authorized by this act. 802
(ii) To lease, as lessor or lessee, to or from any person, 803
firm, corporation, association, or body, public or private, 804
facilities or property of any nature to carry out any of the 805
purposes authorized by this act. 806
(jj) To borrow money and issue bonds, certificates, 807
warrants, notes, obligations, or other evidence of indebtedness. 808
(kk) To apply for and accept grants, loans, and subsidies 809
from any governmental entity for the acquisition, construction, 810
operation, and maintenance of the authority facilities and to 811
comply with all requirements and conditions imposed in 812
connection therewith. 813
(ll) To the extent allowed by law and to the extent 814
required to effectuate the purposes of this act, to exercise all 815
privileges, immunities, and exemptions accorded municipalities 816
and counties of the state under the provisions of the state 817
constitution and general law. 818
(mm) To invest its moneys in such investm ents as directed 819
by the Board of Supervisors in accordance with general law and 820
which shall be consistent in all instances with the applicable 821
provisions of the financing documents. 822
(nn) To purchase such insurance as it deems appropriate. 823
(oo) To do all acts and to exercise all of the powers 824
necessary, convenient, incidental, implied, or proper, both 825
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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
within and outside of the District and service area, in 826
connection with any of the powers, duties, obligations, or 827
purposes authorized by this act, general law, or any interlocal 828
agreement entered into by the Authority. 829
(2) The Board of Supervisors shall appoint a person or 830
entity to act as executive director of the Authority having such 831
official title, functions, duties, and powers as the chief 832
administrative officer of the Authority as the Board of 833
Supervisors may prescribe. The Board of Supervisors shall 834
appoint a person or entity to act as the general counsel for the 835
Authority. The executive director and general counsel shall each 836
answer directly to the Board of Supervisors. Neither the 837
executive director nor general counsel shall be a member of the 838
Board of Supervisors. 839
(3) In exercising the powers conferred by this act, the 840
Board of Supervisors shall act by resolution or motion made and 841
adopted at duly noticed and publicly held meetings in 842
conformance with applicable law. 843
(4) The provisions of chapter 120, Florida Statutes, do 844
not apply to the Authority. 845
(5) Nothing herein shall be construed to grant the 846
Authority any jurisdiction to regulate the services or rates of 847
any investor-owned utility. 848
(6) Nothing herein is intended to, or shall be construed 849
to, limit the power of local self -government of a county or 850
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conflict with the State Constitution or Glades County. 851
Section 11. Creation of state, county, or municipal debts 852
prohibited.—The Authority may not be empowered or authorized in 853
any manner to create a debt against the state, county, or any 854
municipality and may not pledge the full faith and credit of the 855
state, any county, or any municipali ty. All revenue bonds or 856
debt obligations shall contain on the face thereof a statement 857
to the effect that the state, county, or any municipality are 858
not obligated to pay the same or the interest and that they are 859
only payable from Authority revenues or th e portion thereof for 860
which they are issued and that neither the full faith and credit 861
nor the taxing power of the state or of any political 862
subdivision thereof is pledged to the payment of the principal 863
of or the interest on such bonds. The issuance of re venue or 864
refunding bonds under this act do not directly or indirectly or 865
contingently obligate the state, county, or any municipality to 866
levy or to pledge any form of taxation whatever therefore or to 867
make any appropriation for their payment. 868
Section 12. Adoption of rates, fees, and charges. — 869
(1) The Board of Supervisors shall adopt by resolution a 870
schedule of rates, fees, or other charges for the use of the 871
services, facilities, and products of the Authority to be paid 872
by each customer whic h may be connected with or provided service 873
by such Authority facilities. The Authority may establish 874
separate rates, fees, and charges for different portions of the 875
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Authority facilities, including separate rates, fees, and 876
charges for each utility system. The Board of Supervisors may 877
establish different rates, fees, and charges for services, 878
facilities, and products provided by a portion of a utility 879
system provided such rates, fees, and charges are consistent 880
with applicable law. 881
(2) Such rates, fees, a nd charges shall be adopted and 882
revised so as to provide moneys which, with other funds 883
available for such purposes, shall be at least sufficient at all 884
times to pay the expenses of operating, managing, expanding, 885
improving, and maintaining the Authority f acilities, including 886
renewal and replacement reserves for such Authority facilities; 887
to pay costs and expenses provided for in this act, general law, 888
and the financing documents; to pay the principal and interest 889
on the obligations as the same shall become due and reserves 890
therefore; and to provide a reasonable margin of safety over and 891
above the total amount of such payments. Notwithstanding any 892
other provision in this act, such rates, fees, and charges shall 893
always be sufficient to comply fully with any c ovenants 894
contained in the financing documents. The Authority shall charge 895
and collect such rates, fees, and charges so adopted and 896
revised, and such rates, fees, and charges are not subject to 897
the supervision or regulation by any other commission, board, 898
bureau, agency, or other political subdivision of the state. 899
(3) Such rates, fees, and charges for each utility system 900
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or portion thereof shall be just, equitable, and uniform for the 901
users in the same class and may be based upon or computed upon 902
any factor, including, by way of example and not limitation, 903
distinguishing between residential and nonresidential customers 904
or uses, or combination of factors affecting the use of the 905
services, products, or facilities furnished to the customers of 906
such utility system or portion thereof, as may be determined by 907
the Board of Supervisors from time to time. Except as described 908
in subsections (7) and (8), no rates, fees, or charges shall be 909
fixed, adopted, or revised under the foregoing provisions of 910
this section until after a duly noticed public hearing at which 911
all of the customers of the Authority facilities affected 912
thereby, or owners, tenants, or occupants served or to be served 913
thereby, and all other interested persons shall have an 914
opportunity to be heard concern ing the proposed rates, fees, or 915
charges. Notice of such public hearing setting forth the 916
proposed schedule or schedules of rates, fees, or charges shall 917
be given by one publication in a newspaper of general 918
circulation in the portion of the service area o r areas affected 919
by such proposed rates, fees, or charges at least 20 days before 920
the date fixed in such notice for the public hearing, which may 921
be adjourned from time to time. After such hearing, the proposed 922
schedule or schedules, either as initially ad opted or as 923
modified or amended, may be finally adopted. 924
(4) The rates, fees, or charges adopted for any class of 925
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customers served shall be extended to cover any additional 926
customers thereafter served which shall fall within the same 927
class without the ne cessity of any further hearing or notice. 928
(5) The Board of Supervisors may appoint the executive 929
director, a member of the board of supervisors, a committee of 930
members of the Board of Supervisors, or a special master to 931
conduct the public hearing or hear ings on its behalf relating to 932
rates, fees, and charges. The executive director, member of the 933
Board of Supervisors, committee of members of the Board of 934
Supervisors, or designated special master shall act as a hearing 935
officer or hearing officers and repor t to the Board of 936
Supervisors its findings relating to such public hearing. Only 937
the Board of Supervisors may set or revise rates, fees, and 938
charges. 939
(6) Notwithstanding subsection (3) or any other provision 940
of applicable law, upon acquisition of a utili ty system, no 941
public hearing shall be required for adoption by the Authority 942
by resolution of the rates, fees, and charges contained in the 943
rate tariff relating thereto previously approved by the Florida 944
Public Service Commission or any governmental seller thereof. In 945
the event any rate tariff previously approved by a governmental 946
seller includes such a surcharge authorized by law, the 947
Authority may continue the imposition of any such surcharge 948
provided that the Authority incrementally reduces each year 949
thereafter and ultimately discontinues such surcharge within 15 950
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years after any such acquisition by the Authority. 951
(7) Notwithstanding subsection (3), no subsequent public 952
hearings to implement a periodic automatic indexing factor shall 953
be required after th e adoption by the Board of Supervisors of a 954
periodic automatic indexing factor applicable to the initial or 955
any revised schedule of rates, fees, and charges of any utility 956
system. 957
(8) Notwithstanding anything in this act to the contrary, 958
the Authority may establish a general fund account into which 959
moneys may be deposited from a surcharge not to exceed 2 percent 960
upon the rates, fees, and charges for the Authority facilities 961
or portion thereof. Any moneys deposited to such general fund 962
account from such a surcharge on the rates, fees, and charges 963
for Authority facilities shall be considered legally available 964
for any lawful purpose approved by the Board of Supervisors. 965
Moneys in such general fund account may be used to pay for 966
initial costs and expenses asso ciated with acquiring Authority 967
facilities and any other lawful purpose approved by the Board of 968
Supervisors. However, whenever reasonably practicable, the Board 969
of Supervisors shall endeavor in good faith to recover and 970
return to such general fund account expenditures from benefited 971
ratepayers or landowners that are not determined by the Board of 972
Supervisors to provide a general benefit to the District or 973
service area. 974
(9) The Authority may impose charges for the recovery of 975
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all costs and expenditures, i ncluding, but not limited to, 976
planning, feasibility studies, construction and engineering 977
document preparation, project development costs, or other costs 978
associated with the planning and development of any project. In 979
the event the Authority determines not to proceed with the 980
construction or implementation of any project and reimbursement 981
of all costs and expenditures is not made to the Authority 982
pursuant to interlocal agreement, grant, or otherwise, the 983
Authority may identify all unrecovered costs and expe nditures 984
associated with the planning and development of such project and 985
impose a charge on a potential user basis, per parcel basis, or 986
any other basis which reasonably shares and recovers all or a 987
portion of such unrecovered planning and development cos ts among 988
the parcel owners or potential users for which the projects were 989
planned or developed. 990
Section 13. Unpaid rates, fees, and charges to constitute 991
a lien. In the event that the rates, fees, or charges for the 992
use of the services, facilities, and products of the Authority 993
shall not be paid as and when due, any unpaid balance thereof, 994
and all interest accru ing thereon, shall be a lien on any parcel 995
or property affected thereby. Such liens shall be superior and 996
paramount to the interest on such parcel or property of any 997
owner, lessee, tenant, mortgage, or other person except the lien 998
of state, county, municip al, and District taxes and other non -ad 999
valorem assessments and shall be on parity with the lien of all 1000
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such ad valorem property taxes and non -ad valorem assessments. 1001
In the event that any such rates, fees, or charges shall not be 1002
paid as and when due and shall be in default for 30 days or 1003
more, the unpaid balance thereof and any interest accrued 1004
thereon not exceeding the legal rate, together with attorney 1005
fees and costs, may be recovered by the Authority in a civil 1006
action, and any such lien and accrued int erest may be foreclosed 1007
or otherwise enforced by the Authority by action or suit in 1008
equity as for the foreclosure of a mortgage on real property; 1009
or, alternatively, in lieu of foreclosure, an equivalent amount 1010
to such outstanding balance charges may be col lected pursuant to 1011
ss. 197.3632 and 197.3635, Florida Statutes, or any successor 1012
statutes, authorizing the collection of charges in the form of 1013
special assessments, therein characterized as non -ad valorem 1014
assessments, on parity with the lien of ad valorem taxes. 1015
However, any such alternative collection procedure shall provide 1016
notice to the landowner in the manner required by law, and any 1017
existing lien of record on the affected parcel for the 1018
delinquent rate, fee, or charge is supplanted by the lien 1019
resulting from the certification of any assessment roll to the 1020
tax collector. 1021
Section 14. Bonds and obligations. — 1022
(1) The Board of Supervisors shall have the power and is 1023
hereby authorized to provide pursuant to the financing 1024
documents, at one time or from t ime to time in one or more 1025
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series, for the issuance of obligations of the Authority, or 1026
notes in anticipation thereof, for one or more of the following 1027
purposes: 1028
(a) Paying all or part of the cost of one or more 1029
projects. 1030
(b) Refunding any bonds or oth er indebtedness of the 1031
Authority. 1032
(c) Assuming or repaying the indebtedness relating to 1033
Authority facilities acquired or leased by the Authority from a 1034
public or private entity. 1035
(d) Setting aside moneys in a renewal or replacement 1036
account. 1037
(e) Funding a debt service reserve account. 1038
(f) Capitalizing interest on the obligations. 1039
(g) Paying costs of issuance relating to the obligation. 1040
(h) Any other purpose relating to this act. 1041
(2) The principal of and the interest on each series of 1042
obligations shall be payable from the pledged funds, all as 1043
determined pursuant to the financing documents. The Authority 1044
may grant a lien upon and pledge the pledged funds in favor of 1045
the holders of each series of obligations in the manner and to 1046
the extent provided in the financing documents. Such pledged 1047
funds shall immediately be subject to such lien without any 1048
physical delivery thereof, and such lien shall be valid and 1049
binding as against all parties having claims of any kind in 1050
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tort, contract, or otherwise again st the Authority. 1051
(3) The obligations of each series shall be dated, shall 1052
bear interest at such rate or rates, shall mature at such time 1053
or times not exceeding 40 years after their date or dates, and 1054
may be made redeemable before maturity, at the option of the 1055
Authority, at such price or prices and under such terms and 1056
conditions as shall be determined by the Board of Supervisors 1057
pursuant to the financing documents. The Board of Supervisors 1058
shall determine the form of the obligations and the manner of 1059
executing such obligations and shall fix the denomination of 1060
such obligations and the place of payment of the principal and 1061
interest, which may be at any bank or trust company within or 1062
without the state. In case any officer whose signature or 1063
facsimile of whose signature shall appear on any obligations 1064
shall cease to be such officer before the delivery of such 1065
obligations, such signature or such facsimile shall nevertheless 1066
be valid and sufficient for all purposes the same as if he or 1067
she had remained in off ice until delivery. The Board of 1068
Supervisors may sell obligations in such manner and for such 1069
price as it may determine to be in the best interest of the 1070
Authority in accordance with the terms of the financing 1071
documents. In addition to the pledged funds, t he obligations may 1072
be secured by such credit enhancement as the Board of 1073
Supervisors determines to be appropriate pursuant to the 1074
financing documents. The obligations may be issued as capital 1075
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appreciation bonds, current interest bonds, term bonds, serial 1076
bonds, variable bonds, or any combination thereof, all as shall 1077
be determined pursuant to the financing documents. 1078
(4) Prior to the preparation of definitive obligations of 1079
any series, the Board of Supervisors may issue interim receipts, 1080
interim certificates, or temporary obligations, exchangeable for 1081
definitive obligations when such obligations have been executed 1082
and are available for delivery. The Board of Supervisors may 1083
also provide for the replacement of any obligation which shall 1084
become mutilated or be destroyed or lost. Obligations may be 1085
issued without any other proceedings or the happening of any 1086
other conditions or things than those proceedings, conditions, 1087
or things which are specifically required by this act, the 1088
financing documents, or other ap plicable laws. 1089
(5) The proceeds of any series of obligations shall be 1090
used for such purposes, and shall be disbursed in such manner 1091
and under such restrictions, if any, as the Board of Supervisors 1092
may provide pursuant to the financing documents. 1093
(6) The financing documents may also contain such 1094
limitations upon the issuance of additional obligations as the 1095
Board of Supervisors may deem appropriate, and such additional 1096
obligations shall be issued under such restrictions and 1097
limitations as may be prescrib ed by such financing documents. 1098
The financing documents may contain such provisions and terms in 1099
relation to the obligations and the pledged funds as the Board 1100
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of Supervisors deems appropriate and which may not be 1101
inconsistent herewith. 1102
(7) Obligations do not constitute a general obligation 1103
debt of the Authority or a pledge of the faith and credit of the 1104
Authority, but such obligations shall be payable solely from the 1105
pledged funds and any moneys received from the credit enhancers 1106
of the obligations in ac cordance with the terms of the financing 1107
documents. The issuance of obligations does not directly, 1108
indirectly, or contingently obligate the Authority to levy or to 1109
pledge any form of ad valorem taxation whatsoever therefor. No 1110
holder of any such obligation s shall ever have the right to 1111
compel any exercise of the ad valorem taxing power on the part 1112
of the Authority to pay any such obligations or the interest 1113
thereon or the right to enforce payment of such obligations or 1114
the interest thereon against any prope rty of the Authority, nor 1115
shall such obligations constitute a charge, lien, or 1116
encumbrance, legal or equitable, upon any property of the 1117
Authority, except the pledged funds in accordance with the terms 1118
of the financing documents. 1119
(8) All pledged funds sh all be deemed to be trust funds to 1120
be held and applied solely as provided in the financing 1121
documents. Such pledged funds may be invested by the Authority 1122
in such manner as provided in the financing documents. 1123
(9) Any holder of obligations, except to the extent the 1124
rights herein given may be restricted by the financing 1125
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documents, may, either at law or in equity, by suit, action, 1126
mandamus, or other proceeding, protect and enforce any and all 1127
rights under the laws of the state or granted hereunder or under 1128
the financing documents, and may enforce and compel the 1129
performance of all agreements or covenants required by this act, 1130
or by such financing documents, to be performed by the Authority 1131
or by any officer thereof. 1132
(10) The obligations may be validated, at the sole 1133
discretion of the Board of Supervisors, pursuant to chapter 75, 1134
Florida Statutes. Obligations may be issued pursuant to and 1135
secured by a resolution of the Board of Supervisors. 1136
(11) In addition to the other provisions and requirements 1137
of this act, any financing documents may contain such provisions 1138
as the Board of Supervisors deems appropriate. 1139
(12) All obligations issued hereunder are not invalid for 1140
any irregularity or defect in the proceedings for the issuance 1141
and sale thereof and shall be i ncontestable in the hands of bona 1142
fide purchasers for value. No proceedings in respect to the 1143
issuance of such obligations shall be necessary except such as 1144
are required by this act, the financing documents, and general 1145
law. The provisions of the financing documents shall constitute 1146
an irrevocable contract between the Authority and the holders of 1147
the obligations issued pursuant to the provisions thereof. 1148
(13) Holders of obligations shall be considered third - 1149
party beneficiaries hereunder and may enforce t his act or 1150
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general law. 1151
(14) The Board of Supervisors may enter into such swap, 1152
hedge, or other similar arrangements relating to any obligations 1153
as it deems appropriate. 1154
Section 15. Planning requirements. — 1155
(1) Within 3 years after the effective dat e of this act, 1156
the Board of Supervisors shall adopt a master plan which, among 1157
other things: 1158
(a) Identifies current customers, projects, and future 1159
customers. 1160
(b) Profiles customers (residential and non -residential, 1161
e.g. commercial, industrial). 1162
(c) Reviews and generally inventories all existing 1163
infrastructure and treatment facilities within the boundaries of 1164
or served by the District. 1165
(d) Identifies a capital improvement program for the 1166
Authority. 1167
(e) Reviews all current permits and existing regulations 1168
to projected regulations. 1169
(f) Identifies and evaluates potential acquisitions or 1170
service expansions. 1171
(g) Evaluates Authority staffing. 1172
(h) Provides for detailed mapping of Authority facilities. 1173
(i) Provides for hydraulic analysis of Authority 1174
facilities, both existing and proposed. 1175
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(j) Evaluates present and future sources of raw water and 1176
treatment requirements for those sources in terms of capacity, 1177
reliability, and economy. 1178
(k) Provides for an analysis of all available wastewate r 1179
alternatives, including surface water discharge, wetlands 1180
discharge, percolation facilities, spray irrigation, and deep 1181
well injection. 1182
(l) Identifies reclaimed water storage alternatives and 1183
wet weather backup alternatives. 1184
(m) Identifies current an d potential high volume users of 1185
reclaimed water. 1186
1187
Thereafter, the Board of Supervisors shall review and, if 1188
necessary, amend the master plan periodically, but no less often 1189
than every 4 years. 1190
(2) Treatment facility construction or expansion or line 1191
extension policies adopted by the Authority shall be furtherance 1192
of land development regulations adopted by the applicable local 1193
general purpose government or the applicable local government 1194
comprehensive plan. 1195
(3) The construction or expansion of any porti on of the 1196
Authority's facilities, or major alterations which affect the 1197
quantity of the level of service of the Authority's facilities, 1198
that are undertaken or initiated by the Authority shall be 1199
consistent with the applicable local government comprehensive 1200
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plan adopted pursuant to part II of chapter 163, Florida 1201
Statutes; however, no local government comprehensive plan shall 1202
require the Authority to construct, expand, or perform a major 1203
alteration of any public facility which would result in the 1204
impairment of covenants and agreements relating to obligations 1205
issued by the Authority. 1206
(4) Except as provided by general law, the Authority shall 1207
take no action which is inconsistent with applicable 1208
comprehensive plans, land development ordinances, or regulations 1209
adopted by any general purpose local government. 1210
Section 16. Merger; dissolution. — 1211
(1) In no event shall a merger involving the Authority be 1212
permitted unless otherwise approved by resolution of all 1213
affected general purpose local governments. 1214
(2) The charter of the Authority may be revoked or amended 1215
and the Authority dissolved by a special act of the Legislature 1216
or as otherwise provided by general law. 1217
(3) The dissolution of the Authority shall occur by law 1218
and transfer the title to all property o wned by the Authority in 1219
a manner consistent with chapter 189, Florida Statutes. 1220
Section 17. Effect of incorporation or presence of another 1221
special district.—To the maximum extent permitted by law, the 1222
subsequent incorporation or annexation of any area included 1223
within the boundaries of the District or service area, or the 1224
presence or creation of any special district within the 1225
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boundaries of the District or service area, does not impair or 1226
alter the Authority, power, obligations, or purpose of the 1227
Authority or its successor in providing water and wastewater 1228
services and facilities within any portion of the District's 1229
boundaries or authorized service area now included within Glades 1230
County, any municipality, or special district or subsequently 1231
included within any county, municipality, or special district. 1232
Section 18. Enforcement and penalties. —The Board of 1233
Supervisors or any aggrieved person may have recourse to such 1234
remedies in law and equity as may be necessary to ensure 1235
compliance with this act, inclu ding injunctive relief to mandate 1236
compliance with or enjoin or restrain any person violating this 1237
act and any bylaws, resolutions, regulations, rules, codes, and 1238
orders adopted under this act, and the court shall, upon proof 1239
of such failure of compliance o r violation, have the duty to 1240
issue forthwith such temporary and permanent injunctions as are 1241
necessary to mandate compliance with or prevent such further 1242
violations thereof. 1243
Section 19. Tax exemption.—As the exercise of the powers 1244
conferred by this ac t to effect the purposes of this act 1245
constitutes the performance of essential public functions, and 1246
as the projects of the Authority will constitute public property 1247
used for public purposes, all assets and properties of the 1248
Authority, all obligations issue d hereunder and interest paid 1249
thereon, and all rates, fees, charges, and other revenues 1250
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derived by the Authority from the projects provided for by this 1251
act or otherwise shall be exempt from all taxes by the state or 1252
any political subdivision, agency, or in strumentality thereof, 1253
except that this exemption does not apply to interest earnings 1254
subject to taxation under chapter 220, Florida Statutes. 1255
Section 20. Liberal construction of act. —This act, being 1256
for the purpose of developing and promoting the publ ic good and 1257
the welfare of Glades County, the territory included in the 1258
District, and any service area authorized to be served by the 1259
Authority, and the citizens, inhabitants, and taxpayers residing 1260
therein, shall be liberally construed to effect the purpo ses of 1261
the act and shall be deemed cumulative, supplemental, and 1262
alternative authority for the exercise of the powers provided 1263
herein. 1264
Section 21. Limitation of state authority. —The state does 1265
hereby pledge to and agree with the holders of any obligati ons 1266
issued under this act, and with those parties who may enter into 1267
contracts with the Authority pursuant to this act, that the 1268
state will not limit or alter the rights hereby vested in the 1269
Authority until such obligations are fully met and discharged 1270
and such contracts are fully performed on the part of the 1271
Authority. 1272
Section 22. Sufficiency of notice. —It is found and 1273
determined that the notice of intention to apply for this 1274
legislation was given in the time, form, and manner required by 1275
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the state constitution and general law. Said notice is found to 1276
be sufficient and is hereby validated and approved. 1277
Section 23. Severability.—The provisions of this act are 1278
severable, and it is the intention to confer the whole or any 1279
part of the powers herein prov ided for, and if any of the 1280
provisions of this act or any of the powers granted by this act 1281
shall be held unconstitutional by any court of competent 1282
jurisdiction, the decision of such court does not affect or 1283
impair any of the remaining provisions of this act or any of the 1284
remaining powers granted by this act. It is hereby declared to 1285
be the legislative intent that this act would have been adopted 1286
had such unconstitutional provision or power not been included 1287
therein. 1288
Section 24. This act shall take eff ect upon becoming a 1289
law. 1290