FL
Florida House Bill H0945

Florida 2023 Regular Session

Florida House Bill H0945 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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12+A bill to be entitled 1
1313 An act relating to the Jupiter Inlet District, Palm 2
1414 Beach County; codifying, amending, reenacting, and 3
1515 repealing special acts relating to the district; 4
1616 providing purpose and construction; providing 5
1717 severability; repealing chs. 2000 -412 and 2002-354, 6
1818 Laws of Florida; providing an effective date. 7
1919 8
2020 Be It Enacted by the Legislature of the State of Florida: 9
2121 10
2222 Section 1. Pursuant to s. 189.019, Florida Statutes, this 11
2323 act constitutes the codification of all special acts relating to 12
2424 the Jupiter Inlet District, an independent special district in 13
2525 Palm Beach County, Florida. It is the intent of the Legislature 14
2626 in enacting this law to provide a single, comprehensive spe cial 15
2727 act charter for the district, including all current legislative 16
2828 enactments and any additional authority granted by this act. 17
2929 Section 2. Chapters 2000-412 and 2002-354, Laws of 18
3030 Florida, are amended, codified, reenacted, and repealed as 19
3131 herein provided. 20
3232 Section 3. The charter of the Jupiter Inlet District, an 21
3333 independent special district in Palm Beach County, is re -created 22
3434 and reenacted to read: 23
3535 24
3636 ARTICLE I 25
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4545 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
4646
4747 NAME AND BOUNDARIES 26
4848 Section 1. Name.—The name of the district, originally 27
4949 formed and created by chapter 8910, Laws of Florida, 1921, shall 28
5050 continue to be the "Jupiter Inlet District". 29
5151 Section 2. Boundaries. —The Jupiter Inlet District is 30
5252 hereby declared to be an independent special district and a 31
5353 public corporation of the State of Florida , and the lands lying 32
5454 within the area described as follows in Palm Beach County shall 33
5555 constitute the Jupiter Inlet District: 34
5656 35
5757 Commencing at the point where the South line of Township 41 36
5858 South intersects the shore of the Atlantic Ocean, and thence 37
5959 Westward following said Township line to the point where 38
6060 said Township line intersects the North right of way line of 39
6161 State Road 710; thence in a Northerly direction along the 40
6262 North right of way line of State Road 710 in Township 41 41
6363 South, Range 41 East through Sec tions 35, 34, 27, 28, 29, 20, 42
6464 19 and 18 in said Township and Range, to the point where said 43
6565 North right of way line of State Road 710 intersects the 44
6666 West line of Section 18 in said Township and Range; thence 45
6767 North along the West line of Range 41 East to the Northwest 46
6868 corner of Section 31, Township 40 South, Range 41 East; 47
6969 thence East along the North line of Sections 31, 32, 33, 34, 48
7070 35 and 36 of Township 40 South, Range 41 East, and along the 49
7171 North line of Sections 31, 32 and 33 of Township 40 South, 50
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8080 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
8181
8282 Range 42 East to the Northeast corner of Section 33, Township 51
8383 40 South, Range 42 East; thence North along the West line of 52
8484 Section 27, Township 40 South, Range 42 East to the Northwest 53
8585 corner of said Section 27 in said Township and Range; thence 54
8686 East along the North line of Sections 27, 26 and 25 of 55
8787 Township 40 South, Range 42 East, and along the North line 56
8888 of Section 30, Township 40 South, Range 43 East, to the 57
8989 Eastern terminus thereof, where said line intersects the 58
9090 shore of the Atlantic Ocean; thence Southerly, meandering 59
9191 the shore of the Atlantic Ocean, to the point of beginning. 60
9292 61
9393 ARTICLE II 62
9494 PURPOSE 63
9595 The purpose of the district is for the benefit, health, safety, 64
9696 and welfare of the general public, marine life, near -shore 65
9797 environs and habitats, water quality, and the general 66
9898 environment of the Loxahatchee River and Jupiter Inlet. The 67
9999 authority and powers granted in this act are necessary to 68
100100 ensure safe navigation, environmental preservation, 69
101101 enhancement, and restoration and to maintain the Jupiter Inlet, 70
102102 including its seaward approaches, and also the Loxahatchee 71
103103 River, its tributaries, and adjacent waterways. 72
104104 73
105105 ARTICLE III 74
106106 POWERS AND AUTHORITY 75
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115115 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
116116
117117 (a) The district shall have all of the following powers 76
118118 and authority: 77
119119 (1) To exercise any power of a Florida corpo ration, 78
120120 including the power to enter into contracts. 79
121121 (2) To levy ad valorem taxes on taxable property within 80
122122 the district, to be collected as provided by general law. The 81
123123 district may levy ad valorem taxes on the taxable property of 82
124124 the district up to an annual maximum of 1.5 mills per dollar of 83
125125 taxable value. 84
126126 (3) To issue bonds. The district may issue bonds, 85
127127 including general obligation bonds, revenue bonds, bond 86
128128 anticipation notes, and limited revenue bonds, in the same 87
129129 manner as provided by general l aw for the issuance of bonds by 88
130130 counties, but no general obligation bonds may be issued until 89
131131 approved by referendum of the qualified electors of the 90
132132 district. The district must levy sufficient ad valorem taxes 91
133133 each year to provide for all interest and deb t payments 92
134134 applicable to general obligation bonds. Notwithstanding any 93
135135 other provision of law to the contrary, all bonds issued under 94
136136 the provisions of this act shall constitute legal investments 95
137137 for savings banks, banks, trust companies, executors, 96
138138 administrators, trustees, guardians, and other fiduciaries, and 97
139139 for any board, body, agency, or instrumentality of the State of 98
140140 Florida or of any county, municipality, or other political 99
141141 subdivision of the state, and shall be and constitute securities 100
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150150 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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152152 which may be deposited by banks or trust companies as security 101
153153 for deposits of state, county, municipal, and other public 102
154154 funds. 103
155155 (4) To exercise the power of eminent domain. The district 104
156156 shall have the power of eminent domain over any real and 105
157157 personal property lo cated within the district, to be exercised 106
158158 as provided by general law. 107
159159 (5) To acquire, by purchase, condemnation, gift, or 108
160160 otherwise, such lands, easements, riparian rights, and railway 109
161161 rights-of-way as the board of commissioners deems necessary for 110
162162 the purposes of the district. 111
163163 (6) To deepen, construct, reconfigure, and maintain 112
164164 channels and bottoms of the Loxahatchee River, Jupiter Inlet, 113
165165 including its seaward approaches, and any waterway, natural 114
166166 stream, or body of water found to be necessary or advi sable by 115
167167 the board of commissioners. 116
168168 (7) To construct and maintain canals, ditches, revetments, 117
169169 jetties, sediment basins, navigational channels, navigational 118
170170 aids, conduct dredging, and shoreline preservation and to carry 119
171171 out environmental protection, en vironmental enhancement, 120
172172 environmental restoration, and other works and improvements 121
173173 deemed necessary or advisable by the board of commissioners. 122
174174 (8) To construct any bridge or roadway over or across 123
175175 levees, embankments, highways, or railroads or over an y canal or 124
176176 waterway in the district, to fulfill the purposes of this act. 125
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185185 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
186186
187187 (9) To construct and maintain docks, wharves, buildings, 126
188188 or other improvements upon any of the properties that may be 127
189189 acquired by virtue of this act. 128
190190 (10) To charge and collect f ees for the use of any 129
191191 wharves, docks, buildings, or other structures or improvements 130
192192 owned by the district. 131
193193 (11) To use, hold, occupy, control, develop, lease, or 132
194194 make any other disposition of any property that may be acquired 133
195195 for and on behalf of the d istrict under the provisions of this 134
196196 act. 135
197197 (12) To do and perform every action or thing that may be 136
198198 necessary to carry out the purposes of this act. 137
199199 (b) The charter of the district may be amended only by 138
200200 special act of the Legislature. 139
201201 ARTICLE IV 140
202202 COMMISSIONERS AND DUTIES 141
203203 Section 1. Commissioners. —The governing body of the 142
204204 district shall be a board consisting of five commissioners who 143
205205 shall be qualified electors residing within the district. The 144
206206 present commissioners shall continue to serve unti l their terms 145
207207 expire. 146
208208 Section 2. Elections. —Elections for commissioners shall be 147
209209 conducted as provided by general law for nonpartisan elections. 148
210210 The terms of office shall be staggered 4 -year terms, which 149
211211 commence and terminate in the month of January, following the 150
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220220 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
221221
222222 general election held in each even numbered year. All registered 151
223223 voters of the district shall be qualified electors of the 152
224224 district. District elections for commissioner shall be by 153
225225 numbered seat. 154
226226 Section 3. Officers.—Commissioners shall elect a chair, a 155
227227 vice chair, a secretary, and a treasurer. The offices of 156
228228 secretary and treasurer may both be held by the same person. All 157
229229 district officers must be commissioners. The affirmative vote of 158
230230 three commissioners shall be required to pass any measure. 159
231231 Section 4. Vacancies.—Any vacancy occurring on the board of 160
232232 commissioners shall be filled by appointment by the Governor for 161
233233 the unexpired term of the commission seat on the board that he or 162
234234 she is filling. 163
235235 Section 5. Quorum.—At any meeting of the board, three 164
236236 commissioners shall constitute a quorum for the transaction of 165
237237 business. 166
238238 Section 6. Compensation. —The compensation of each 167
239239 commissioner shall be $500 per month or any portion of a month 168
240240 in which the commissioner serves. 169
241241 Section 7. Commission powers. —The board of commissioners 170
242242 shall have all powers of a body corporate, including, but not 171
243243 limited to, the power to sue and be sued as a corporation in 172
244244 said name in any court; to make contracts; to adopt and use a 173
245245 common seal and alter the same at its pleasure; to buy, hold, 174
246246 lease, sell, exchange, and convey such real estate and personal 175
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255255 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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257257 property as the board may deem proper to carry out the purposes 176
258258 of this charter; to employ an executive director, an engineer, 177
259259 an attorney, an accountant, and any and all such ot her 178
260260 consultants, agents, and employees as the board may deem 179
261261 necessary; and to borrow money and to issue negotiable 180
262262 promissory notes, bonds, revenue certificates, or other evidence 181
263263 of indebtedness therefor, in order to enable said governing body 182
264264 to carry out this charter. 183
265265 Section 8. Authority. —The board of commissioners has the 184
266266 authority to do and perform every act or thing which may be 185
267267 necessary to carry out the purposes of this act. 186
268268 187
269269 ARTICLE V 188
270270 REPORTING AND ADMINISTRATION 189
271271 Section 1. Notice and rec ordkeeping.—Requirements for 190
272272 reporting, financial disclosure, meeting notices, and public 191
273273 records maintenance shall be as set forth in chapters 112, 189, 192
274274 218, and 286, Florida Statutes, as they may be amended, and by 193
275275 other applicable general law. 194
276276 Section 2. District funding. —The functions and operations of 195
277277 the district shall be financed by ad valorem tax revenue levied 196
278278 upon the taxable property within the district, and such other 197
279279 revenue as may be received by the district from investments, 198
280280 grants, or funding from local, state, and federal government, 199
281281 fees, and such other sources as the board of commissioners may 200
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290290 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
291291
292292 determine. 201
293293 Section 3. Planning. —The district's planning requirements 202
294294 shall be as provided in chapter 189, Florida Statutes. 203
295295 Section 4. Authority to borrow funds. —The district is 204
296296 authorized to borrow money for periods of time not exceeding 1 205
297297 year, at an interest rate not exceeding the maximum rate 206
298298 permitted by law, as the board of commissioners may deem 207
299299 advisable; provided, however, that the aggregate amount of the 208
300300 principal of all monies so borrowed upon the note or notes of 209
301301 the district shall not at any one time exceed the total amount 210
302302 of ad valorem tax receipts collected by the district applicable 211
303303 to its fiscal year last ended at the time of issuance of any 212
304304 such note. No limitation on interest rate, term, or principal 213
305305 amount shall apply to any indebtedness, so long as the loan is 214
306306 secured by the pl edge of a certificate of deposit or other 215
307307 evidence of deposit of moneys of the district having a fixed 216
308308 maturity date and providing for interest penalty or loss of 217
309309 interest for early withdrawal, the term of the loan is no longer 218
310310 than the fixed maturity date of the asset pledged, and the 219
311311 amount of the loan plus interest does not exceed the value of 220
312312 the pledged asset at maturity. 221
313313 Section 5. Tax exemptions. —All moneys, properties, or 222
314314 other assets of the district shall be exempt from all taxation 223
315315 by the State of Florida or by any county, municipality, or other 224
316316 political subdivision thereof. Bonds issued pursuant to this 225
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325325 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
326326
327327 section shall, together with the income therefrom, be exempt 226
328328 from all taxation by the State of Florida or by any county, 227
329329 municipality, or oth er political subdivision thereof. 228
330330 229
331331 ARTICLE VI 230
332332 PERMIT APPLICATIONS, NOTICE, AND COMMENT 231
333333 Section 1. Definitions. —As used in this section: 232
334334 (a) "District" means the Board of Commissioners of the 233
335335 Jupiter Inlet District. 234
336336 (b) "Department" means the Depar tment of Environmental 235
337337 Protection and any of its divisions, including any division 236
338338 responsible for permitting, as presently constituted or as may 237
339339 be hereafter reorganized, renamed, or restructured, and any of 238
340340 its successors. 239
341341 (c) "Permit" means any permit , license, certificate, or 240
342342 exemption presently or hereafter required for any activity under 241
343343 the jurisdiction of the department and in or upon the waters of 242
344344 the state located within the Jupiter Inlet District. 243
345345 Section 2. Notice of permit applications. —At the earliest 244
346346 practicable time, but in any event prior to consideration by the 245
347347 department of any application for a permit as defined herein, 246
348348 the department shall provide to the district notice and a copy 247
349349 of any application for a permit received by the dep artment. The 248
350350 district has the authority to request and review said 249
351351 applications. Such notice and copy of any application shall be 250
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360360 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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362362 delivered to the district in writing or by electronic means 251
363363 sufficient to satisfy the notice requirement. 252
364364 Section 3. Authority to provide comment. —The district has 253
365365 the authority to review and submit comment to the department for 254
366366 any application to carry out the purposes of this act. The 255
367367 department shall consider and take into account in its decision 256
368368 to grant or deny any permi t such facts, opinions, comments, 257
369369 recommendations, or suggestions as the district may submit, 258
370370 ascribing to them such weight as the department deems 259
371371 appropriate. However, nothing in this section shall be construed 260
372372 to require the department to grant or deny any permit based 261
373373 solely upon any submittal of comments or facts by the district 262
374374 to such permit application. 263
375375 Section 4. Costs.—The district is authorized, from the 264
376376 general funds of the district, to pay the department such 265
377377 reasonable charge as the department shall fix to reimburse the 266
378378 department for the cost of copying and mailing of any material 267
379379 required to be furnished to the district herein; but payment of 268
380380 any such charge shall not be a condition precedent to the 269
381381 furnishing to the district of any such material. 270
382382 Section 5. Notice by applicant. —The department's notice 271
383383 and copy of any permit application may be satisfied directly 272
384384 from the applicant, providing that such notice and copy of the 273
385385 permit application shall be delivered to the district in person 274
386386 or by certified mail with a return receipt requested. Upon 275
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395395 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
396396
397397 receipt of the notice and copy of the permit by the applicant, 276
398398 the district shall notify the department. 277
399399 278
400400 ARTICLE VII 279
401401 AUDIT 280
402402 At least once each year, the commissioners shall employ a 281
403403 certified public accountant for the purpose of auditing the 282
404404 books of the Jupiter Inlet District. Such audit shall be made 283
405405 public. 284
406406 Section 4. Public purpose.—It is hereby determined and 285
407407 declared that each and all of the powers conferred by the 286
408408 charter of the Jupiter Inlet District and the exercise thereof 287
409409 are proper public and proprietary purposes. 288
410410 Section 5. Liberal construction. —The charter of the 289
411411 Jupiter Inlet District, being necessary for the welfare of the 290
412412 inhabitants of the state, shall be liberally construed to effect 291
413413 the purposes thereof. 292
414414 Section 6. Current commissioner terms. —As of the effective 293
415415 date of this act, the term of each member currently serving as a 294
416416 commissioner of the Jupiter Inlet District shall continue 295
417417 without interruption or alt eration until the end of such term. 296
418418 Section 7. Severability.—The provisions of this charter 297
419419 are severable and it is the intention to confer the whole or any 298
420420 part of the powers provided herein. If any of the provisions of 299
421421 this charter shall be held unco nstitutional by any court of 300
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430430 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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432432 competent jurisdiction, the decision of such court shall have no 301
433433 effect to impair any of the remaining provisions. 302
434434 Section 8. Chapters 2000-412 and 2002-354, Laws of 303
435435 Florida, are repealed. 304
436436 Section 9. This act shall take effect upon becoming a law. 305