§ 202-207. Authority, powers of county.

The county of Brevard, to carry out the purposes of this division, in addition to and supplementing other powers granted by any other law, is hereby authorized and empowered:

(1)

To employ engineers, attorneys, accountants, financial or other experts and such other agents and employees as the county board may require or deem necessary to effectuate the purposes of this division, or to contract for any of such services.

(2)

To acquire, construct, reconstruct, improve, maintain and operate water control facilities in and for said county, including the acquisition of any water control facilities heretofore constructed by any person, firm, corporation or other body, or heretofore partially constructed by any person, firm, corporation or other body, and the completion of such water control facilities by said county, and to have the exclusive control and jurisdiction of such water control facilities.

(3)

Subject to the jurisdiction of the United States and the state of Florida, to construct, establish and improve harbors in the county and all navigable and nonnavigable waters connected therewith, to regulate and control all such waters, to construct and maintain such locks, canals, slips, turning basins and channels upon such terms and conditions as may be required by the United States, and to enact, adopt and establish by resolution, rules and regulations for the complete exercise of jurisdiction and control over all of said waters.

(4)

To issue district obligation bonds to pay all or part of the cost of acquisition, construction, reconstruction, improvement, maintenance and operation of such water control and navigation facilities; provided that the total amount of all obligation indebtedness in taxing districts within the county issued pursuant to this division and outstanding at any time shall not exceed four percent of the assessed value of the taxable property within the district, to be ascertained by the assessed valuation for county taxes in effect at the time of the issuance of obligation bonds for which the full faith and credit of the district within the county is pledged as additional security.

(5)

Subject to the jurisdiction of the United States and the state of Florida, to regulate and exercise control over dredging and filling of all submerged bottom lands or uplands, construction of bulkheads and other waterfront facilities in Brevard County.

(6)

To levy and assess ad valorem taxes not to exceed two mills each year on all taxable property within the district where the assessment has been approved by a majority of the qualified freeholder electors voting in a referendum election within the district, for the purpose of paying principal of and interest on any obligation or indebtedness which may be issued for the purposes of this division.

(7)

To regulate the supply of water within the county as it affects the purposes provided in this division; to divert excess waters from one area, lake, pond, stream, basin, river, drainage basin, and water control facility to another area, lake, pond, stream, basin, river, drainage basin and water control facility; to establish and maintain lake levels as recommended by the county engineer or consulting engineer; to carry out the purposes of this division in both navigable and nonnavigable lakes and streams in the county; and to prohibit any person, firm, corporation or other body from constructing water control facilities of the type provided in this division without the approval of the county.

(8)

To acquire in the name of the county by purchase, gift or the exercise of the right of eminent domain, such lands and rights and interest therein, including lands under water and riparian rights, and to acquire such personal property as it may deem necessary in connection with the acquisition, construction, reconstruction, improvement, maintenance and operation of such water control and navigation facilities and to hold and dispose of all real and personal property under its control; provided the power of eminent domain shall be limited to the territorial limits of Brevard County.

(9)

To exercise exclusive jurisdiction, control and supervision over any water control and navigation facilities owned, operated and maintained by the county and to make and enforce such rules and regulations for the maintenance and operation of such water control and navigation facilities as are necessary or desirable for the efficient operation of such water control and navigation facilities in accomplishing the purposes of this division.

(10)

Any person, firm or corporation desiring to construct water control facilities, navigation facilities, dredging, pumping of sand and filling of any submerged lands or uplands shall make application to the Brevard County water and navigation control authority for a permit to be granted to such person, firm or corporation; except that said application shall be accompanied by a plan or drawing showing specifically what is proposed to be done, and said plan shall have been drawn by a registered civil engineer; that the drawing shall be submitted on sheets 8½ by 11 inches in size, and three sets of the drawing shall be furnished, with one of the sets being on tracing linen; that said application shall include the names and mailing addresses of the owners and the legal description of all upland and submerged property within 500 feet of the nearest point of said work. The application shall be filed with the board. The permit shall expire at the end of the quarter following one year from date of approval and issue, unless the work has been started. The board shall have the power to renew, extend or cancel permits of work which have not been completed in the above period; to issue regulations and instructions for the preparation of permits; to set fees to cover the cost of issuing the permits; and to inspect the work to see that it conforms to the permit application. Public hearings are required unless the information furnished with and in the application for the permit convincingly demonstrates that from the circumstances no proper objection to the work can exist. In any event, a public notice will be issued to all interested parties.

(11)

To restrain, enjoin or otherwise prevent the violation of this article or of any resolution, rule or regulation adopted by the county board pursuant to the powers granted by this division.

(12)

To join with any other counties, cities, towns or other political subdivisions, public agencies or authorities in the exercise of common powers; to cooperate with neighboring counties in projects to accomplish the purposes of this division; to use funds authorized or received under this division, including funds from sale of general obligation bonds and ad valorem taxes.

(13)

To accomplish construction by holding hearings or giving public notice, advertising for construction bids, and letting contracts for all or any part or parts of the construction of any water control and navigation facilities to the lowest responsible bidder or bidders or rejecting any and all bids at its discretion; provided that said county may purchase supplies, material and equipment as well as expend for cost of construction work an amount not to exceed a total of $1,000.00 for each transaction, without advertising or receiving bids.

(14)

Subject to such provisions and restrictions as may be set forth in the resolution authorizing or securing any bonds or other obligations issued under the provisions of this division, to enter into contracts or agreements with the United States or any agency or instrumentality thereof, or with any other county, municipality, district, authority or political subdivision, private corporation, partnership, association or individual providing for or relating to water control and navigation facilities and any other matters relevant or otherwise necessary to effect the purposes of this division, and to receive and accept from the United States or any agency or instrumentality thereof, the state or any agency or instrumentality thereof, or any other public body, grants or loans for or in aid of the planning, construction, reconstruction, improvement or financing of any water control and navigation facilities and any other matters relevant thereto or otherwise necessary to effect the purposes of this division, and to receive and accept aid or contributions or loans from any other source of either money, property, labor or other things of value, to be held, used and applied only for the purpose for which such grants, contributions or loans may be made. Said county shall have power to execute all papers or other documents, adopt all proceedings and perform all acts necessary to comply with and perform all such contracts or agreements referred to in this subsection.

(Laws of Fla. ch. 63-1145, § 7)