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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 Eastpoint Water and Sewer 2
District, Franklin County; reenacting, amending, and 3
repealing the special act relating to the district; 4
providing legislative intent; providing for 5
continuation of authority for revenue collection and 6
powers to meet outstanding obligations; revising 7
definitions; removing the separate positions of board 8
secretary and board treasurer; creating the position 9
of board secretary-treasurer; providing purpose and 10
construction; repealing chapter 67 -1399, Laws of 11
Florida, relating to the district; providing an 12
exception to general law; providing an effective date. 13
14
Be It Enacted by the Legislature of the State of F lorida: 15
16
Section 1. Chapter 67-1399, Laws of Florida, relating to 17
the Eastpoint Water and Sewer District, Franklin County, is 18
reenacted, amended, and repealed as provided in this act. 19
Furthermore, it is the intent of the Legislature to preserve all 20
authority to generate revenue and pay outstanding indebtedness 21
as continued in force by the operation of ss. 2 and 15, Art. XII 22
of the State Constitution. 23
Section 2. The charter for the Eastpoint Water and Sewer 24
District is reenacted to read: 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
Section 1. District ratified, restated, and approved. —The 26
Eastpoint Water and Sewer District, an independent special 27
taxing district created by chapter 67 -1399, Laws of Florida, in 28
Franklin County, is hereby ratified, confirmed, and approved. 29
The Eastpoint Water a nd Sewer District shall continue to be a 30
public corporation of this state and have perpetual existence. 31
All lawful debts, bonds, obligations, contracts, franchises, 32
promissory notes, audits, minutes, resolutions, and other 33
undertakings of the Eastpoint Wat er and Sewer District are 34
hereby validated and shall continue to be valid and binding on 35
the district in accordance with their respective terms, 36
conditions, and covenants. All taxes levied by the Board of 37
Commissioners of the Eastpoint Water and Sewer Dist rict are 38
hereby validated and shall continue to be valid and binding on 39
the district in accordance with their respective terms, 40
conditions, and covenants. All taxes levied by the Board of 41
Commissioners of the Eastpoint Water and Sewer District on lands 42
within the boundaries of the district shall continue to be 43
effective, binding, and collectible and a lien on such lands in 44
accordance with this act. Any proceeding commenced by the 45
Eastpoint Water and Sewer District for the construction of any 46
improvements, works, or facilities; for the assessment of 47
benefits and damages; or for the borrowing of money shall not be 48
impaired or avoided by this act. 49
Section 2. Boundaries. —The Eastpoint Water and Sewer 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
District shall include all that portion of Eastpoint in sa id 51
county described as follows: 52
53
All of Section 30 and all of Fractional Sections 29, 31, 54
and 32 in Township 8 South, Range 6 West; All of Fractional 55
Sections 25 and 36 in Township 8 South, Range 7 West; All 56
of Fractional Section 1 in Township 9 South, Ran ge 7 West 57
and all of Fractional Section 6 in Township 9 South, Range 58
6 West. 59
60
Section 3. Definitions. —Whenever used in this act, unless 61
a different meaning clearly appears from the context, the term: 62
(1) "Board" means the Board of Commissioners of th e 63
Eastpoint Water and Sewer District. 64
(2) "Bond" means a bond or revenue certificate or other 65
financial obligation of the district which is part or all of an 66
issue of such obligation, any one or more of which mature over 3 67
years from the date of issue, i ssued pursuant to this act. 68
(3) "County" means Franklin County. 69
(4) "District" means the Eastpoint Water and Sewer 70
District created and established by this act. 71
(5) "Sewage" means the water -carried wastes created in and 72
carried or to be carried away from residences, hotels, schools, 73
hospitals, industrial establishments, commercial establishments, 74
or any other private or public building, together with such 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
surface or ground water or household and industrial wastes as 76
may be present. 77
(6) "Sewage disposal system" means any plant, system, 78
facility, or property used or useful or having the present 79
capacity for future use in connection with the collection, 80
treatment, purification, or disposal of sewage, including 81
industrial wastes resulting from any processes of industry, 82
manufacture, trade, or business or from the development of any 83
natural resources, or any integral part thereof, including, but 84
not limited to, treatment, plants, pumping stations, 85
intercepting sewers, trunk se wers, pressure lines, mains, and 86
all necessary appurtenances and equipment, and all property, 87
rights, easements, and franchises relating thereto and deemed 88
necessary or convenient by the district for the operation 89
thereof. 90
(7) "Sewer" includes sewerage. 91
(8) "Sewer system" includes both sewers and sewage 92
disposal systems and all property, rights, easements, and 93
franchises relating thereto. 94
(9) "Sewers" includes mains, pipes, and laterals for 95
receiving sewage and carrying such sewage to an outfall or so me 96
part of a sewage disposal system, including, but not limited to, 97
pumping stations, where deemed necessary by the district. 98
(10) "System" means a water system or sewer system or any 99
one or more thereof. 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
(11) "Water system" means all plants, systems, facilities, 101
or properties used or useful or having the present capacity for 102
future use in connection with the supply, transportation, or 103
distribution of water, and any integral part thereof, including, 104
but not limited to, water supply systems, water distri bution 105
systems, reservoirs, wells, intakes, mains, laterals, aqueducts, 106
pumping stations, standpipes, filtration plants, purification 107
plants, hydrants, meters, valves, and all necessary 108
appurtenances and equipment, and all properties, rights, 109
easements, and franchises relating thereto and deemed necessary 110
or convenient by the district for the operation thereof. 111
Section 4. Objects and purposes of the district. —The 112
objects and purposes of the district are to acquire, purchase, 113
lease, construct, improve, e xtend, operate, maintain, and 114
finance any water system or parts thereof, or any sewer system 115
or parts thereof, serving such unincorporated areas and other 116
customers and users as the district may determine. The district 117
may acquire a supply of water within or without the county and 118
within or without the state. The district may itself own and 119
operate water systems and sewer systems in unincorporated 120
territory and may also sell and transport water to other 121
systems, whether publicly or privately owned, and othe r users 122
and consumers, provided the district does not acquire, 123
construct, or own any water distribution system in any other 124
area except as stated in this act. 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
Section 5. Governing body. —The board is the governing body 126
of the district and consists of fi ve members, each of whom must 127
be a qualified elector of the district. Board members are 128
appointed by the Governor for terms of 4 years. Appointments to 129
fill vacancies on the board are for the unexpired term only. 130
Before entering upon duties as a board memb er, each member must 131
execute to the Governor a good and sufficient bond in the sum of 132
$1,000 with a qualified corporate surety conditioned to 133
faithfully perform the duties of commissioner and to account for 134
all funds to come into the possession of such com missioner. All 135
premiums payable for such bonds shall be paid from the funds of 136
the district. 137
Section 6. Organization. —The board shall organize by 138
electing from its members a chair, a vice chair, and a 139
secretary-treasurer. Board members shall not receiv e 140
compensation for their service but may be reimbursed for per 141
diem and travel expenses as provided in s. 112.061, Florida 142
Statutes, for attending meetings of the board or performing 143
official duties pertaining to the district. 144
Section 7. Funds.—Funds of the district may be used only 145
for the administration of the affairs and business of the 146
district and for the construction, care, maintenance, upkeep, 147
operation, and repair of sewers and sewer and water systems in 148
the district, as the board may determine to be for the best 149
interest of the district and the inhabitants thereof. All 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
disbursements of the funds of the district shall be made 151
pursuant to warrants or checks signed by two board members. 152
Section 8. Powers of board. —The board may: 153
(1) Acquire, in the name of the district, by purchase or 154
the exercise of the right of eminent domain, or construct and 155
reconstruct, improve, extend, enlarge, equip, repair, maintain, 156
and operate water systems or sewer systems within the 157
territorial limits of the distri ct. 158
(2) Issue revenue bonds of the district payable from the 159
water rates or sewer service charges or other revenues of the 160
district. 161
(3) Fix and collect rates and charges for water furnished 162
by any water systems and fix and collect charges for connecti ons 163
made with any water systems. 164
(4) Fix and collect sewer service charges for the services 165
furnished by any sewer systems and fix and collect charges for 166
connections made with any sewer systems. 167
(5) Acquire, in the name of the district, by purchase or 168
the exercise of the right of eminent domain, lands and rights -169
of-way and rights and interests therein, including lands under 170
water and riparian rights, and personal property, as it may deem 171
necessary in connection with the construction or operation of 172
water systems or sewer systems; and hold and dispose of all real 173
and personal property under its control. 174
(6) Make and enter into all contracts and agreements 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
necessary or incidental to the performance of its duties and the 176
execution of its powers under thi s act, including trust 177
agreements securing any bonds issued hereunder; and employ such 178
consulting and other engineers, superintendents, managers, 179
construction and accounting experts and attorneys, and such 180
employees and agents as may be deemed necessary, i n the judgment 181
of the board, and fix their compensation; provided, however, 182
that all such expenses are payable solely from funds made 183
available under this act. 184
(7) Exercise jurisdiction, control, and supervision over 185
any water systems and any sewer syste ms that the district owns, 186
operates, or maintains and make and enforce such rules and 187
regulations for the maintenance and operation of any such 188
systems as may be necessary or desirable, in the judgment of the 189
board, for the efficient operation thereof and for accomplishing 190
the purposes of this act. 191
(8) Enter on any lands, water, or premises located within 192
the district to make surveys, borings, soundings, or 193
examinations for the purposes of this act. 194
(9) Construct and operate sewer and water mains, later als, 195
conduits, pipelines, fire hydrants, and all necessary 196
appurtenances thereto in, along, or under any streets, alleys, 197
highways, or other public places within the district. 198
(10) Subject to such provisions and restrictions as may be 199
set forth in any resolution or trust agreement authorizing or 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
securing any bonds issued under this act, enter into contracts 201
with the state or Federal Government or any agency or 202
instrumentality of either, or with any municipality, district, 203
private corporation, partnership, association, or individual 204
providing for or relating to water systems or the purchase or 205
sale of water or providing for or relating to sewer systems or 206
the collection or disposal of sewerage. 207
(11) Exercise the powers granted by subsections (1) -(10) 208
outside the boundaries of the district to the extent necessary 209
to continue services to those properties within the 210
unincorporated area of Franklin County that have district -owned 211
infrastructure as of the effective date of this act. 212
(12) Receive and accep t from any authorized agency of the 213
Federal Government loans or grants for the planning, 214
construction, improvement, extension, enlargement, 215
reconstruction, or equipment of any water system or sewer system 216
and enter into agreements with such agency respecti ng any such 217
loans or grants; and receive and accept aid or contributions 218
from any source of either money, property, labor, or other 219
things of value to be held, used, and applied only for the 220
purpose for which such loans, grants, or contributions may be 221
made. 222
(13) Levy a tax not to exceed 5 mills on all taxable 223
property within the district. 224
(14) Approve all accounts or claims against the board. 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
(15) Keep appropriate records and accounts. 226
(16) Advertise for bids for all purchases of goods, 227
materials, and supplies or contracts for capital improvements 228
where the price to be paid therefor is in excess of the 229
threshold amount provided for CATEGORY TWO in s. 287.017, 230
Florida Statutes, as may be amended from time to time. 231
(17) Have a seal. 232
(18) Prepare and adopt a budget for anticipated revenues 233
and expenditures each fiscal year after due notice and public 234
hearing. 235
Section 9. Assessment and collection of taxes. —For each 236
fiscal year, all taxable property within the district is subject 237
to an ad valorem tax not to exceed 5 mills of the assessed 238
valuation of such property to be used to carry out the purposes 239
of this act. Each fiscal year, the board shall meet and 240
determine the millage necessary to provide funds to be levied 241
and assessed on such property to carry out the purposes of this 242
act, provided, however, that the millage determined by the board 243
does not exceed the limitations of this act. The ad valorem tax 244
authorized by this act shall be levied and collected in the same 245
manner as taxes for county purposes are assessed and collected 246
in Franklin County. Taxes of the district must be of equal 247
dignity with taxes for county purposes and must become liens and 248
be enforced in the same manner as taxes for county purposes. 249
Section 10. Water r ates and sewer service charges. —The 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
board may fix and revise from time to time rates and charges for 251
water furnished by any water system and sewer service charges 252
for the services furnished by any sewer system, and charge and 253
collect the same. 254
(1) Any such rates and charges shall be so fixed and 255
revised as to provide funds, with other funds available for such 256
purpose, sufficient at all times to: 257
(a) Pay the cost of maintaining, repairing, and operating 258
the water systems and sewer systems of the district and provide 259
reserves therefor and for replacements, depreciation, and 260
necessary extensions and enlargements. 261
(b) Pay the principal of and the interest on all 262
outstanding bonds for the payment of which such rates and 263
charges are pledged as the same becom e due and provide reserves 264
therefor. 265
(c) Provide a margin of safety for making such payments 266
and providing such reserves. 267
(2) Such rates and charges are not subject to supervision 268
or regulation by any commission, board, bureau, or agency of the 269
state or any political subdivision of the state. 270
(3) Such rates and charges must be just and equitable, and 271
the sewer service charges may be based or computed upon: 272
(a) The quantity of water used; 273
(b) The number and size of sewer connections; 274
(c) The number and kind of plumbing fixtures in use in the 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
premises connected with the sewer system; 276
(d) The number of persons residing or working in or 277
otherwise connected with the premises connected with the sewer 278
system; 279
(e) The type or character of the premis es connected with 280
the sewer system; 281
(f) Any other factor affecting the use of the facilities 282
furnished; or 283
(g) Any combination of the foregoing factors. 284
(4) In cases where the character of sewage from any 285
manufacturing or industrial plant, building, or premises is such 286
that it imposes an unreasonable burden upon any sewer system, an 287
additional charge may be made therefor, or the board may, if it 288
deems advisable, compel such manufacturing or industrial plant, 289
building, or premises to treat such sewage in a manner as shall 290
be specified by the board before discharging the sewage into any 291
sewer lines owned or maintained by the district. 292
Section 11. Collection of rates and charges. —The board may 293
provide in a resolution authorizing the issuance of bonds under 294
this act or in any trust agreement securing such bonds that any 295
sewer service charges shall be included in bills rendered for 296
water used on the premises and that if any water rates or sewer 297
service charges are not paid within 30 days after the rendit ion 298
of any such bills, the district shall discontinue furnishing 299
water to such premises and may disconnect the same from the 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
water system. Any such resolution or trust agreement may include 301
any or all of the following provisions, and may require the 302
board to adopt such resolution or to take such other lawful 303
action as shall be necessary to effectuate such provisions, and 304
the board is hereby authorized to adopt such resolution and to 305
take such other action: 306
(1) That the district may require the owner, tena nt, or 307
occupant of each lot or parcel of land within the district who 308
is obligated to pay water rates or sewer service charges to the 309
district to make a reasonable deposit with the district in 310
advance to ensure the payment of such rates or charges and to b e 311
subject to application to the payment thereof, if and when 312
delinquent. 313
(2) That if any water rates or sewer service charges 314
payable to the district are not paid within 30 days after the 315
rates or charges, as applicable, become due and payable, the 316
district may at the expiration of the 30 -day period disconnect 317
the premises from the water system or sewer system and may 318
proceed to recover the amount of any such delinquent rates or 319
charges, with interest, in an action as provided by law. 320
(3) That if any sewer service charges for the use of any 321
sewer system by or in connection with any premises not served by 322
any water system of the district are not paid within 30 days 323
after the charges become due and payable, the owner, tenant, or 324
occupant of the premises sh all cease to dispose of sewage or 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
industrial wastes originating from or on such premises by 326
discharge thereof directly or indirectly into the sewer system 327
of the district until the sewer service charges, with interest, 328
are paid; that if the owner, tenant, or occupant does not cease 329
such disposal at the expiration of the 30 -day period, the public 330
or private corporation, board, body, or person supplying water 331
to or selling water for use on such premises shall cease 332
supplying water to or selling water for use on such premises 333
within 5 days after the receipt of notice of such delinquency 334
from the district; and that if such corporation, board, body, or 335
person does not, at the expiration of the 5 -day period, cease 336
supplying water to or selling water for use on suc h premises, 337
then the district may, unless it has theretofore contracted to 338
the contrary, shut off the supply of water to such premises. 339
Section 12. Connection with sewer system. —Upon the 340
construction of a sewer system under this act, the owner, 341
tenant, or occupant of each lot or parcel of land within the 342
district which abuts upon a street or other public way 343
containing a sanitary sewer as a part of such sewer system or a 344
sanitary sewer served or which may be served by such sewer 345
system and upon which lo t or parcel a building has been 346
constructed for residential, commercial, or industrial use, 347
shall, if so required by the regulations and rules of the 348
district or a resolution of the board, connect with such 349
building such sanitary sewer and shall cease to u se any other 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
method for the disposal of sewage wastes or other polluting 351
matter. All such connections shall be made in accordance with 352
rules and regulations of the district and may provide for a 353
charge for making any such connection in such reasonable amou nt 354
as the board may fix and establish. 355
Section 13. Declaration of policy. —The undertakings 356
enumerated in this act constitute a proper public purpose for 357
the benefit and welfare of the inhabitants of the district, and 358
it is hereby found and declared tha t, in the construction, 359
acquisition, improvement, maintenance, operation, and extension 360
of any or all of its systems, the district exercises a proper 361
governmental function. 362
Section 14. The accounts and records of the board shall be 363
audited in accordanc e with s. 218.39, Florida Statutes. 364
Section 3. As of the effective date of this act, the term 365
of each member currently serving on the Board of Commissioners 366
of the Eastpoint Water and Sewer District, or a commissioner 367
subsequently appointed to serve th e remainder of a current term, 368
shall continue without interruption or alteration until the end 369
of such term and the appointment of a commissioner for the 370
subsequent term. 371
Section 4. Liberal construction. —This act shall be 372
liberally construed to effect its purposes and shall be deemed 373
cumulative, supplemental, and alternative authority for the 374
exercise of the powers provided herein. 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
Section 5. Chapter 67-1399, Laws of Florida, is repealed. 376
Section 6. Notwithstanding s. 189.0311(2), Florida 377
Statutes, the Eastpoint Water and Sewer District is not 378
dissolved as of June 1, 2023, but continues in full force and 379
effect. 380
Section 7. This act shall take effect upon becoming a law. 381