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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 Jupiter Inlet District, Palm 2
Beach County; codifying, amending, reenacting, and 3
repealing special acts relating to the district; 4
providing purpose and construction; providing 5
severability; repealing chs. 2000 -412 and 2002-354, 6
Laws of Florida; providing an effective date. 7
8
Be It Enacted by the Legislature of the State of Florida: 9
10
Section 1. Pursuant to s. 189.019, Florida S tatutes, this 11
act constitutes the codification of all special acts relating to 12
the Jupiter Inlet District, an independent special district in 13
Palm Beach County, Florida. It is the intent of the Legislature 14
in enacting this law to provide a single, comprehe nsive special 15
act charter for the district, including all current legislative 16
enactments and any additional authority granted by this act. 17
Section 2. Chapters 2000-412 and 2002-354, Laws of 18
Florida, are amended, codified, reenacted, and repealed as 19
herein provided. 20
Section 3. The charter of the Jupiter Inlet District, an 21
independent special district in Palm Beach County, is re -created 22
and reenacted to read: 23
24
ARTICLE I 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
NAME AND BOUNDARIES 26
Section 1. Name.—The name of the district, originally 27
formed and created by chapter 8910, Laws of Florida, 1921, shall 28
continue to be the "Jupiter Inlet District". 29
Section 2. Boundaries. —The Jupiter Inlet District is 30
hereby declared to be an independent special district and a 31
public corporation of the State o f Florida, and the lands lying 32
within the area described as follows in Palm Beach County shall 33
constitute the Jupiter Inlet District: 34
35
Commencing at the point where the South line of Township 41 36
South intersects the shore of the Atlantic Ocean, and thence 37
Westward following said Township line to the point where 38
said Township line intersects the North right of way line of 39
State Road 710; thence in a Northerly direction along the 40
North right of way line of State Road 710 in Township 41 41
South, Range 41 East th rough Sections 35, 34, 27, 28, 29, 20, 42
19 and 18 in said Township and Range, to the point where said 43
North right of way line of State Road 710 intersects the 44
West line of Section 18 in said Township and Range; thence 45
North along the West line of Range 41 E ast to the Northwest 46
corner of Section 31, Township 40 South, Range 41 East; 47
thence East along the North line of Sections 31, 32, 33, 34, 48
35 and 36 of Township 40 South, Range 41 East, and along the 49
North line of Sections 31, 32 and 33 of Township 40 South , 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
Range 42 East to the Northeast corner of Section 33, Township 51
40 South, Range 42 East; thence North along the West line of 52
Section 27, Township 40 South, Range 42 East to the Northwest 53
corner of said Section 27 in said Township and Range; thence 54
East along the North line of Sections 27, 26 and 25 of 55
Township 40 South, Range 42 East, and along the North line 56
of Section 30, Township 40 South, Range 43 East, to the 57
Eastern terminus thereof, where said line intersects the 58
shore of the Atlantic Ocean; thence S outherly, meandering 59
the shore of the Atlantic Ocean, to the point of beginning. 60
61
ARTICLE II 62
PURPOSE 63
The purpose of the district is for the benefit, health, safety, 64
and welfare of the general public, marine life, near -shore 65
environs and habitats, water quality, and the general 66
environment of the Loxahatchee River and Jupiter Inlet. The 67
authority and powers granted in this act are necessary to 68
ensure safe navigation, environmental preservation, 69
enhancement, and restoration and to maintain the Jupiter Inlet, 70
including its seaward approaches, and also the Loxahatchee 71
River, its tributaries, and adjacent waterways. 72
73
ARTICLE III 74
POWERS AND AUTHORITY 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
(a) The district shall have all of the following powers 76
and authority: 77
(1) To exercise any power of a Florida corporation, 78
including the power to enter into contracts. 79
(2) To levy ad valorem taxes on taxable property within 80
the district, to be collected as provided by general law. The 81
district may levy ad valorem taxes on the tax able property of 82
the district up to an annual maximum of 1.5 mills per dollar of 83
taxable value. 84
(3) To issue bonds. The district may issue bonds, 85
including general obligation bonds, revenue bonds, bond 86
anticipation notes, and limited revenue bonds, in th e same 87
manner as provided by general law for the issuance of bonds by 88
counties, but no general obligation bonds may be issued until 89
approved by referendum of the qualified electors of the 90
district. The district must levy sufficient ad valorem taxes 91
each year to provide for all interest and debt payments 92
applicable to general obligation bonds. Notwithstanding any 93
other provision of law to the contrary, all bonds issued under 94
the provisions of this act shall constitute legal investments 95
for savings banks, ban ks, trust companies, executors, 96
administrators, trustees, guardians, and other fiduciaries, and 97
for any board, body, agency, or instrumentality of the State of 98
Florida or of any county, municipality, or other political 99
subdivision of the state, and shall b e and constitute securities 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
which may be deposited by banks or trust companies as security 101
for deposits of state, county, municipal, and other public 102
funds. 103
(4) To exercise the power of eminent domain. The district 104
shall have the power of eminent domain over any real and 105
personal property located within the district, to be exercised 106
as provided by general law. 107
(5) To acquire, by purchase, condemnation, gift, or 108
otherwise, such lands, easements, riparian rights, and railway 109
rights-of-way as the board of commissioners deems necessary for 110
the purposes of the district. 111
(6) To deepen, construct, reconfigure, and maintain 112
channels and bottoms of the Loxahatchee River, Jupiter Inlet, 113
including its seaward approaches, and any waterway, natural 114
stream, or body of water found to be necessary or advisable by 115
the board of commissioners. 116
(7) To construct and maintain canals, ditches, revetments, 117
jetties, sediment basins, navigational channels, navigational 118
aids, conduct dredging, and shoreline preservation and to carry 119
out environmental protection, environmental enhancement, 120
environmental restoration, and other works and improvements 121
deemed necessary or advisable by the board of commissioners. 122
(8) To construct any bridge or roadway over or across 123
levees, embankments, highways, or railroads or over any canal or 124
waterway in the district, to fulfill the purposes of 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
(9) To construct and maintain docks, wharves, buildings, 126
or other improvements upon any of the properties that may be 127
acquired by virtue of th is act. 128
(10) To charge and collect fees for the use of any 129
wharves, docks, buildings, or other structures or improvements 130
owned by the district. 131
(11) To use, hold, occupy, control, develop, lease, or 132
make any other disposition of any property that may be acquired 133
for and on behalf of the district under the provisions of this 134
act. 135
(12) To do and perform every action or thing that may be 136
necessary to carry out the purposes of this act. 137
(b) The charter of the district may be amended only by 138
special act of the Legislature. 139
ARTICLE IV 140
COMMISSIONERS AND DUTIES 141
Section 1. Commissioners. —The governing body of the 142
district shall be a board consisting of five commissioners who 143
shall be qualified electors residing within the district. The 144
present commissioners shall continue to serve until their terms 145
expire. 146
Section 2. Elections. —Elections for commissioners shall be 147
conducted as provided by general law for nonpartisan elections. 148
The terms of office shall be staggered 4 -year terms, which 149
commence and terminate in the month of January, following the 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
general election held in each even numbered year. All registered 151
voters of the district shall be qualified electors of the 152
district. District elections for commissioner shall be by 153
numbered seat. 154
Section 3. Officers.—Commissioners shall elect a chair, a 155
vice chair, a secretary, and a treasurer. The offices of 156
secretary and treasurer may both be held by the same person. All 157
district officers must be commissioners. The affirmative vote of 158
three commissioners shall be required to pass any measure. 159
Section 4. Vacancies. —Any vacancy occurring on the board of 160
commissioners shall be filled by appointment by the Governor for 161
the unexpired term of the commission seat on the board that he or 162
she is filling. 163
Section 5. Quorum.—At any meeting of the board, three 164
commissioners shall constitute a quorum for the transaction of 165
business. 166
Section 6. Compensation. —The compensation of each 167
commissioner shall be $500 per month or any portion of a month 168
in which the commissioner serves. 169
Section 7. Commission powers. —The board of commissioners 170
shall have all powers of a body corporate, including, but not 171
limited to, the power to sue and be sue d as a corporation in 172
said name in any court; to make contracts; to adopt and use a 173
common seal and alter the same at its pleasure; to buy, hold, 174
lease, sell, exchange, and convey such real estate and personal 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
property as the board may deem proper to carry out the purposes 176
of this charter; to employ an executive director, an engineer, 177
an attorney, an accountant, and any and all such other 178
consultants, agents, and employees as the board may deem 179
necessary; and to borrow money and to issue negotiable 180
promissory notes, bonds, revenue certificates, or other evidence 181
of indebtedness therefor, in order to enable said governing body 182
to carry out this charter. 183
Section 8. Authority. —The board of commissioners has the 184
authority to do and perform every act or thing which may be 185
necessary to carry out the purposes of this act. 186
187
ARTICLE V 188
REPORTING AND ADMINISTRATION 189
Section 1. Notice and recordkeeping. —Requirements for 190
reporting, financial disclosure, meeting notices, and public 191
records maintenance shall be as se t forth in chapters 112, 189, 192
218, and 286, Florida Statutes, as they may be amended, and by 193
other applicable general law. 194
Section 2. District funding. —The functions and operations of 195
the district shall be financed by ad valorem tax revenue levied 196
upon the taxable property within the district, and such other 197
revenue as may be received by the district from investments, 198
grants, or funding from local, state, and federal government, 199
fees, and such other sources as the board of commissioners may 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
determine. 201
Section 3. Planning. —The district's planning requirements 202
shall be as provided in chapter 189, Florida Statutes. 203
Section 4. Authority to borrow funds. —The district is 204
authorized to borrow money for periods of time not exceeding 1 205
year, at an interest rate not exceeding the maximum rate 206
permitted by law, as the board of commissioners may deem 207
advisable; provided, however, that the aggregate amount of the 208
principal of all monies so borrowed upon the note or notes of 209
the district shal l not at any one time exceed the total amount 210
of ad valorem tax receipts collected by the district applicable 211
to its fiscal year last ended at the time of issuance of any 212
such note. No limitation on interest rate, term, or principal 213
amount shall apply to a ny indebtedness, so long as the loan is 214
secured by the pledge of a certificate of deposit or other 215
evidence of deposit of moneys of the district having a fixed 216
maturity date and providing for interest penalty or loss of 217
interest for early withdrawal, the term of the loan is no longer 218
than the fixed maturity date of the asset pledged, and the 219
amount of the loan plus interest does not exceed the value of 220
the pledged asset at maturity. 221
Section 5. Tax exemptions. —All moneys, properties, or 222
other assets of the district shall be exempt from all taxation 223
by the State of Florida or by any county, municipality, or other 224
political subdivision thereof. Bonds issued pursuant to this 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
section shall, together with the income therefrom, be exempt 226
from all taxation by th e State of Florida or by any county, 227
municipality, or other political subdivision thereof. 228
229
ARTICLE VI 230
PERMIT APPLICATIONS, NOTICE, AND COMMENT 231
Section 1. Definitions. —As used in this section: 232
(a) "District" means the Board of Commissioners of the 233
Jupiter Inlet District. 234
(b) "Department" means the Department of Environmental 235
Protection and any of its divisions, including any division 236
responsible for permitting, as presently constituted or as may 237
be hereafter reorganized, renamed, or restructured, a nd any of 238
its successors. 239
(c) "Permit" means any permit, license, certificate, or 240
exemption presently or hereafter required for any activity under 241
the jurisdiction of the department and in or upon the waters of 242
the state located within the Jupiter Inlet District. 243
Section 2. Notice of permit applications. —At the earliest 244
practicable time, but in any event prior to consideration by the 245
department of any application for a permit as defined herein, 246
the department shall provide to the district notice and a copy 247
of any application for a permit received by the department. The 248
district has the authority to request and review said 249
applications. Such notice and copy of any application shall be 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
delivered to the district in writing or by electronic means 251
sufficient to satisfy the notice requirement. 252
Section 3. Authority to provide comment. —The district has 253
the authority to review and submit comment to the department for 254
any application to carry out the purposes of this act. The 255
department shall consider and tak e into account in its decision 256
to grant or deny any permit such facts, opinions, comments, 257
recommendations, or suggestions as the district may submit, 258
ascribing to them such weight as the department deems 259
appropriate. However, nothing in this section shall be construed 260
to require the department to grant or deny any permit based 261
solely upon any submittal of comments or facts by the district 262
to such permit application. 263
Section 4. Costs.—The district is authorized, from the 264
general funds of the district, to pay the department such 265
reasonable charge as the department shall fix to reimburse the 266
department for the cost of copying and mailing of any material 267
required to be furnished to the district herein; but payment of 268
any such charge shall not be a condition precedent to the 269
furnishing to the district of any such material. 270
Section 5. Notice by applicant. —The department's notice 271
and copy of any permit application may be satisfied directly 272
from the applicant, providing that s uch notice and copy of the 273
permit application shall be delivered to the district in person 274
or by certified mail with a return receipt requested. Upon 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
receipt of the notice and copy of the permit by the applicant, 276
the district shall notify the department. 277
278
ARTICLE VII 279
AUDIT 280
At least once each year, the commissioners shall employ a 281
certified public accountant for the purpose of auditing the 282
books of the Jupiter Inlet District. Such audit shall be made 283
public. 284
Section 4. Public purpose.—It is hereby determined and 285
declared that each and all of the powers conferred by the 286
charter of the Jupiter Inlet District and the exercise thereof 287
are proper public and proprietary purposes. 288
Section 5. Liberal construction. —The charter of the 289
Jupiter Inlet District, being necessary for the welfare of the 290
inhabitants of the state, shall be liberally construed to effect 291
the purposes thereof. 292
Section 6. Current commissioner terms. —As of the effective 293
date of this act, the term of each member currently serving as a 294
commissioner of the Jupiter Inlet District shall continue 295
without interruption or alteration until the end of such term. 296
Section 7. Severability.—The provisions of this charter 297
are severable and it is the intention to confer the whole or any 298
part of the powers provided herein. If any of the provisions of 299
this charter shall be held unconstitutional by any court of 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
competent jurisdiction, the decision of such court shall have no 301
effect to impair any of the remaining provisions. 302
Section 8. Chapters 2000-412 and 2002-354, Laws of 303
Florida, are repealed. 304
Section 9. This act shall take effect upon becoming a law. 305