§ 254-103. Powers given the board to effect a surface water management system within district boundaries.

In order to responsibly, efficiently, and effectively secure, operate, and maintain an adequate, dependable surface water management system, the board of directors, consistent with and supportive of the state water policy, the state water use plan, the state land development plan, and the regional policy plan, shall:

(1)

Establish a water management system which will accomplish objectives as follows:

a.

Prevent damage from flood, soil erosion, and excessive drainage.

b.

Promote the conservation, development, and proper utilization of surface and ground water.

c.

Preserve natural resources, fish, and wildlife.

d.

Maintain water quality in the district and the receiving waters from the district.

e.

Preserve and protect the natural systems in the district, Turkey Creek, the Indian River, and the St. Johns River.

f.

Purchase and establish conservation areas and passive recreation areas to protect the natural resources, including the sloughs, wetlands, and natural areas, which exist in the district or along the receiving waters, where the district finds it is appropriate for environmental protection or conservation of the natural resources. The district shall utilize the best management practices in implementing and operating its water management system.

(2)

Clean out, straighten, open up, widen, or change the course and flow of, alter, or deepen any canal, ditch, drain, river, watercourse, or natural stream; and concentrate, divert, or divide the flow of water in or out of the district boundaries; construct and maintain main and lateral ditches, canals, levees, dikes, dams, sluices, revetments, reservoirs, holding basins, floodways, pumping stations and siphons, and may connect same, or any of them, with any canals, drains, ditches, levees, or other works that may have been heretofore, or which may be hereafter, constructed.

(3)

Build and construct any other works and improvements deemed necessary to preserve and maintain the works within said district boundaries; acquire, construct, operate, maintain, use, sell, convey, transfer, or otherwise provide for pumping stations, including pumping machinery, motive equipment, electric lines, and all appurtenant or auxiliary machines, devices, or equipment; control excessive drainage, reflood lands previously reclaimed, and dechannelize and reverse previous diversions accomplished in the past; all with emphasis upon modern water management principles and standards.

(4)

Contract for the purchase, construction, operation, maintenance, use, sale, conveyance, and transfer of the said pumping stations, machinery, motive equipment, electric lines, and appurtenant equipment, including the purchase of electric power and energy for the operation of the same.

(5)

Construct or enlarge, or cause to be constructed or enlarged, at its expense, any and all bridges or culverts that are needed in said district, as a result of the construction or modification of the works of the district, across any drain, ditch, canal, floodway, holding basin, excavation, public highway, railroad right-of-way, track, grade, fill, or cut, in or out of said district boundaries; remove any fence, building, or other improvements.

(6)

Hold, control, and acquire by donation or purchase and, if need be, condemn any land easement, railroad right-of-way, sluice, reservoir, holding basin or franchise, right-of-way, or holding basin for any of the purposes herein provided, or material to be used in constructing and maintaining said works and improvements for implementing authorized improvements for water management.

(7)

Implement and authorize improvements to the surface water management plan as may from time to time be recommended by the engineer and approved and permitted by the applicable rules and regulations of all state and regional regulatory agencies.

(8)

Sue and be sued in the name of the district and restrain, enjoin, or otherwise prevent the violation of this Act or of any resolution, rule, or regulation adopted pursuant to the powers granted by this Act.

(9)

Establish and define, in conjunction with other public entities, all surface water management areas within the boundaries of the district to determine which facilities within surface water management areas of the district shall be maintained by the district. In such establishing and/or defining, the definitions of "primary," "secondary," and "tertiary" in section 254-98 shall serve as guidelines in making such determination.

(10)

Enter into agreements with other units of government for such units of government to perform any function on behalf of the district which is authorized by this Act.

(11)

Exercise all of the powers necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this Act.

(12)

a.

Levy, assess, and collect an annual stormwater management user fee to carry out the purposes of the district, beginning with the 1990-1991 budget year. Such fee must be just and equitable and shall be based upon the impact that a given parcel of land imposes on the stormwater management system.

b.

A fee may not be finally set by the board of directors or approved by the board of county commissioners during its annual budget review until after a public hearing is held by the board of county commissioners. The board of county commissioners must hold a special public hearing within the boundaries of the district. At the public hearing, all owners of property in the district shall have an opportunity to be heard concerning the proposed fee.

c.

Notice of such public hearing for the 1990-1991 budget year must be given in the manner prescribed in subsection 254-111(b). Thereafter, notice must be given by publication in a newspaper of general circulation in the county at least seven days before the date of the hearing. The stormwater management user fee, when established, shall be deemed to be reasonable and necessary to carry out the obligations, responsibilities, and duties of the district. All of the proceeds of the fee are in payment for the use of the district stormwater management system. The fee must be established by resolution of the board of directors and approved by a majority vote of the board of county commissioners, with each county commissioner whose county commission residency area lies wholly or partially within the district voting in the affirmative.

d.

The stormwater management user fee structure shall have three land classifications: residential, agricultural, and commercial. The board of directors, in establishing the annual fee, must use the county land use code index as the basis for land classification. The annual stormwater management user fee shall be levied on the parcels, as the county land use code index has them designated, for that respective budget year. For the 1990-1991 budget year, the residential fee may not exceed $10.00 per acre or portion thereof, the agricultural fee may not exceed $3.50 per acre or portion thereof, and the commercial fee may not exceed $21 per acre or portion thereof. Thereafter, the stormwater management fee for residential parcels, agricultural parcels, or commercial parcels may not be more than ten percent above the fee for the preceding year. However, the maximum fee per acre or portion thereof for residential parcels may not exceed $25.00, the maximum fee per acre or portion thereof for agricultural parcels may not exceed $8.50, and the maximum fee per acre or portion thereof for commercial parcels may exceed $52.50.

(13)

Levy and assess ad valorem taxes without limitation of rate or amount on all taxable property within the boundaries of the district for the purpose of paying principal of and interest on any general obligation bonds by the board of county commissioners and which may be issued for the purposes of this Act after approval of the issuance of such bonds by referendum of the electors.

(14)

Levy and impose special assessments against the real property within the boundaries of the district upon a determination that the construction, reconstruction, repair, maintenance, and operation of the surface water management system provides a benefit to such real property. The benefits shall be assessed upon the property specially benefited by the construction of improvements or provision of operation and maintenance services in proportion to the benefits to be derived therefrom, and the special benefits shall be determined and prorated by a method prescribed by the board of directors.

a.

The board of directors, if it elects to assess a special assessment, shall declare by a resolution the nature of the proposed improvement or the services provided to existing improvements, designate the location of the improvement or the service provided to existing improvements, and state the part or portion of the expense thereof to be paid by special assessments, the manner in which said assessments shall be made, when said assessments are to be paid, and what part, if any, shall be apportioned to be paid from the funds of the district. The resolution shall also designate the lands upon which the special assessment shall be levied, and, in describing said lands, it shall be sufficient to describe them as "all lands and lots abutting and contiguous to or bounding and abutting upon such improvements, or where services are to be provided to existing improvements specifically benefited thereby and further designated by the assessment plat herein provided for." The resolution shall state the total estimated cost of the improvement or service to be provided to existing improvements. Such estimated cost may include the cost of construction or reconstruction; the cost of all labor and materials; the cost of equipment and maintenance and operation thereof; the cost of all lands, property, rights, and easements acquired; financing charges; interest; cost of all engineering, legal, financial, and other services; all other expenses necessary or incidental to determine the feasibility or practicability of such construction or reconstruction or provision of service; administrative expenses; operating expenses; and such other expenses as may be necessary or incidental to the financing herein authorized.

b.

Upon the adoption of the resolution, the board of directors shall cause said resolution to be published one time in a newspaper of general circulation published in the county.

c.

Upon the adoption of the resolution, the board of directors shall cause to be made an assessment roll in accordance with the method of assessment provided for in said resolution, which assessment roll shall be completed and filed with the records of the board of directors as promptly as possible. The lots and lands assessed, the amount for the benefit to and the assessment against each lot or parcel, and, if said assessment is to be paid in installments, the number of annual installments in which the assessment is divided shall be entered and shown on said assessment roll.

d.

On the completion of said assessment roll, the board of directors shall by resolution fix a time and place at which the owners of the property to be assessed, or any other persons interested therein, may appear before said board of directors and be heard as to the propriety and advisability of making such improvements or providing said services, as to the cost thereof, as to the amount of payment therefor, and as to the amount thereof to be assessed against each property so improved. Notice in writing of such time and place shall be given to such property owners.

e.

At a time and place named in the notice provided for in subsection d., the board of directors of the district shall meet as an equalization board to hear and consider any and all complaints as to the special assessments and shall adjust and equalize the assessments on the basis of justice and right. After the special assessments are so equalized and approved by resolution, such assessments shall stand confirmed and, until paid, shall remain legal, valid, and binding first liens upon the property against which such assessments are made; however, upon completion of the improvement, acquisition of equipment, or provision of service, the board of directors shall credit to each of the assessments the difference in the assessment as originally made, approved, and confirmed and the proportionate part of the actual cost of the improvement, equipment, or service to be paid by special assessments as finally determined on the completion of the improvement or service, but in no event shall the final assessments exceed the amount of benefits originally assessed. Promptly after confirmation, the assessments shall be recorded in the public records of the county and the record of the lien shall constitute prima facie evidence of its validity.

f.

The special assessments shall be payable at the time and in the manner stipulated in the resolution authorizing the improvement, equipment, or service. Such assessments shall remain liens, coequal with the lien of all state, county, or other district taxes, and municipal taxes, and superior in dignity to all other liens, titles, and claims, until paid. Such assessments shall bear interest at a rate prescribed by the board of directors in the resolution which it adopts.

g.

Each annual installment provided for shall be paid upon the date specified in said resolution, with interest upon all deferred payments, until the entire amount of said assessment has been paid, and, on the failure of any property owner to pay any annual installment due or any part thereof, or any annual interest on deferred payments, the board of directors shall cause to be brought the necessary legal proceedings to enforce payment thereof with all accrued interest and penalties, together with all legal costs incurred, including a reasonable attorney's fee, to be assessed as part of the costs, and, in the event of default in the payment of any installments of any assessment or any accrued interest on said installment, the whole assessment, with the interest and penalties thereon, shall immediately become due and payable and subject to foreclosure. In the foreclosure of any special assessment, service of process against unknown or nonresident defendants may be had by publication as now provided by law. The foreclosure proceedings shall be prosecuted to a sale and conveyance of the property involved in said proceedings as now provided by law in suits to foreclose mortgages.

h.

If any special assessment made under the provisions of this section to defray the whole or any part of the expense of any improvement or provision of any service is either in whole or in part annulled, vacated, or set aside by the judgment of any court, or if the board of directors of the district is satisfied that any such assessment is so irregular or defective that the same cannot be enforced or collected, or if the board of directors omitted to make such assessment when it might have done so, the board shall take all necessary steps to cause a new assessment to be made for the whole or any part of any improvement or service provided or against any property benefited by any improvement or service provided, following as nearly as possible the provisions of this Act, and, in case such second assessment shall be annulled, said board of directors may obtain and make other assessments until a valid assessment is made.

i.

An informality or any irregularity in the proceedings in connection with the levy of any special assessment under this Act shall not affect the validity of the same where the assessment roll has been confirmed by the board of directors, and the assessment roll as finally approved and confirmed shall be competent and sufficient evidence that the assessment was duly levied, that the assessment was duly made and adopted, and that all other proceedings adequate to the adoption of said assessment roll were duly had, taken, and performed as required by this Act; no variance from the directions hereunder shall be held material unless it is clearly shown that the party objecting was materially injured thereby.

(Laws of Fla. ch. 2001-336, § 3)