F.S. 1987
COUNTY BONDS
commissioners may deem expedient, and shall be used
to pay the current expenses of the county, which are
proper to be paid from such funds .
History.- s. 3, ch . 85 18, 1921 ; CGL 2352.
Ch. 130
ing a sinking fund during the said period of 5 years sufficient to pay off the entire obligation at the end of the
said 5-year period .
Hlstory.-s. 4, ch. 8518, 1921; CGL 2353.
130.23 Time warrants in newly created counties;
payment of interest and creation of sinking fund.- The
board of county commissioners of each county issuing
such interest-bearing time warrants may pay from the
general revenue fund of such county each year the accrued interest on such interest-bearing time warrants to
the holders thereof, and they shall set aside from the
general revenue fund of such county such sum each
year as a sinking fund, which together with accrued interest thereon will be sufficient to pay at least one-fifth
of the amount due and required to pay off the said warrants at the end of the said 5-year period, thereby creat-
751
130.24 Obligations valid when signed by officers
who retire before delivery.-AII bonds, notes, coupons
or other obligations , signed by the duly authorized officers of any county, municipality, political subdivision or
any public body , board or agency of the state, shall be
valid and binding obligations, although before the date
of delivery, the persons signing such bonds , notes, coupons or other obligations shall have ceased to be officers of the county , municipality, political subdivision ,
public body, board or agency issuing the same .
Hlstory.-s. 1, ch. 8552, 1921 : CGL 2354.
REFUNDING BONDS OF COUNTIES, ETC.
Ch. 131
F.S. 1987
CHAPTER 131
REFUNDING BONDS OF COUNTIES, MUNICIPALITIES, AND DISTRICTS
131 .01
131 .02
131 .03
131 .04
131 .05
131 .06
Taxing units may refund obligations .
Taxing units may refund obligations; issuance;
delivery; cancellation of refunded obligations .
Taxing units may refund obligations ; form; registrar; maturity; interest; execution ; sale .
Special assessments ; pledge of credit ; tax; exemptions from debt limitations.
Disposition of proceeds of sale.
No other proceedings required .
semiannually, and shall be executed in such a manner
as the governing authority shall determine. Said bonds
may be sold at public or private sale , and said bonds
shall not be sold for less than 95 percent of their par value and accrued interest to date of delivery.
History.-s. 3, ch. 11855, 1927; CGL 2380; s. 1, ch. 73- 302.
131.04 Special assessments; pledge of credit; tax;
exemptions from debt limitations.-AII special assessments levied on account of any improvement to finance
which the obligations so refunded were issued, upon
collection shall be paid into the sinking fund for the payment of the refunding bonds, and the proceeds of said
special assessments shall be used for no other purpose .
For the payment of all bonds issued under the provisions
of this chapter, the full faith and credit of the county,
city, town, municipal corporation or taxing district, shall
be pledged , and there shall be levied annually upon all
taxable property therein, a tax sufficient to provide for
the payment of said bonds and the interest thereon at
maturity. All bonds issued hereunder for the purpose of
refunding obligations which are excepted from any limitation of indebtedness, shall likewise be excluded in applying any limitation of indebtedness prescribed by any
statute of the state or city or town charter.
131.01 Taxing units may refund obligations.-The
governing authority of any county, city , town , municipal
corporation or taxing district of the state may by resolution authorize the issuance of refunding bonds for the
purpose of refunding any bond , note, certificate of indebtedness or other obligation for the payment of which
the credit of said county , city , town , municipal corporation or taxing district is pledged , at or prior to maturity
in the manner provided in this chapter.
History.-s. 1. ch. 11855, 1927; CGL 2378.
131.02 Taxing units may refund obligations; issuance; delivery; cancellation of refunded obligations.Said refunding bonds may be issued within 3 months
prior to the date of maturity of the obligations proposed
to be refunded , or if said outstanding obligations shall
be callable , within 3 months prior to the callable date.
Refunding bonds may be delivered under the provisions
of this chapter at any time regardless of the date of maturity or optional dates of the obligations refunded , upon
the surrender by the holder of a like amount of the obligations refunded . All obligations refunded under the
provisions of this chapter shall be immediately canceled
in such manner as the governing authority shall prescribe.
History.-s. 2, ch. 11855, 1927; CGL 2379.
131.03 Taxing units may refund obligations; form;
registrar; maturity; interest; execution; sale.-Said refunding bonds may be in coupon or registered form , or
may be coupon bonds with privilege of registration as
to principal only or as to both principal and interest, under such terms and conditions as the governing authority may prescribe. The governing authority may designate a bank or trust company within the state to act as
registrar for said bonds. All bonds issued hereunder
shall mature in annual installments of not less than 3 percent of the total amount thereof, beginning not more
than 3 years after date and running not longer than 25
years after date. They shall bear interest at a rate not exceeding 7.5 percent per annum , payable annually or
History.-s. 4, ch . 11855, 1927; CGL 2381.
131.05 Disposition of proceeds of sale.-ln the
event refunding bonds are issued under the provisions
of this chapter prior to the date of maturity or option date
of the obligations proposed to be refunded , the proceeds of said refunding bonds shall be deposited in a
bank or trust company within the state , which depository shall give a surety bond , or other such bonds as are
authorized by law to be accepted for securing county
and city funds , satisfactory to the Department of Banking and Finance for the full amount of money so deposited , and the funds so deposited shall only be withdrawn
with the approval of the department, for the purpose of
paying the obligations to refund which said bonds were
issued .
History.-s. 5, ch. 11855, 1927; CGL 2382; ss. 12, 35, ch. 69-106.
131.06 No other proceedings required.-No proceedings shall be required for the issuance of bonds
hereunder, except such as are prescribed by this chapter, any provisions of the general laws of the state or of
any special act or municipal charter applicable to the political subdivision issuing said bonds , to the contrary notwithstanding.
752
History.-s. 6, ch. 11 855, 1927; CGL 2383.
F.S. 1987
GENERAL REFUNDING LAW
Ch. 132
CHAPTER 132
GENERAL REFUNDING LAW
132.01
132.02
13203
132.04
132.05
132.06
132.07
132.08
132.09
132.10
132.11
132.12
132.13
132.14
132.15
132.16
132.17
132.18
132.19
132.20
132.21
132.22
132.23
132.24
132.25
132.26
132.27
132.28
132.29
132.30
132.31
132.32
132.33
132.34
132.35
132.36
132.37
132.38
132.39
132.40
132.41
132.42
132.43
132.44
132.45
132.46
132.47
How chapter may be cited.
Taxing units may refund obligations.
Interest; maturity; payment ; right to redeem in
advance.
Redemption before maturity.
Form; execution; delivery.
Separate series of bonds; rates of interest.
Maturity date.
Exchange of bonds.
Notice of sale; bids and award; private sale.
Minimum sale price .
Amount of refunding bonds to be sold.
Exchange without notice.
Delivery of bonds sold.
Exchange in lieu of sale.
Provision for conditional increase of rate of interest.
Sinking fund .
Pledge of anticipated revenues.
Pledge of fixed portion of revenues.
Priority of payment of refunding bonds .
Proportionate taxes for sinking fund.
Pledge of special assessments.
Levy of ad valorem tax for payment of bonds.
Tax by municipalities; bonds to constitute general obligations; debt limit inapplicable.
Elections, notice, etc.
Creation and maintenance of sinking fund .
Chapter supplemental and additional.
Chapter complete within itself.
Chapter applicable to school districts.
Validation.
Chapter applicable to all taxing districts.
No other proceedings required.
Replacement of bonds.
Short title.
Definitions.
Authorization to issue general obligation refunding bonds.
Refunding bond resolution; form and contents .
Levy of ad valorem tax for payment of general
obligation refunding bonds.
Sale of general obligation refunding bonds.
Certification of debt service savings.
Notice to holders of general obligation bonds to
be redeemed; covenant with holders of general obligation refunding bonds.
Duties and obligations of escrow agent.
Investment of escrow funds .
Pledge and use of proceeds of general obligation refunding bonds.
Powers in addition to other powers granted.
Recital in general obligation refunding bonds.
Effect of invalidity or irregularity in prior proceedings.
Sections 132.33-132.47 applicable to school
districts.
132.01 How chapter may be cited.- This chapter
may be cited as the "General Refunding Law."
History.-s. 1, ch. 15772, 1931 ; CGL 1936 Supp. 2383(1).
132.02 Taxing units may refund obligations.(1) Each county , city, town, special road and bridge
district, special tax school district, and other taxing districts in this state, herein sometimes called a unit, may
issue, pursuant to a resolution or resolutions of the governing body thereof (meaning thereby the board or body
vested with the power of determining the amount of tax
levies required for taxing the taxable property of such
unit for the purpose of such unit) and either with or without the approval of such bonds at an election, except as
may be required by the Constitution of the state , bonds
of such unit for the purpose of refunding any or all
bonds, coupons, or interest on any such bonds, or coupons or paving certificates of indebtedness or interest
on any such paving certificates of indebtedness, now or
hereafter outstanding, or any other funded debt, all of
which are herein referred to as bonds, whether such unit
created such indebtedness or has assumed , or may become liable therefor, and whether indebtedness to be
refunded has matured or to thereafter become matured .
(2) In the event any such unit having outstanding
bonded or other funded debt shall have been, or shall
hereafter be, abolished otherwise than by annexation to,
or consolidation with, a like political subdivision or district, the territory within such unit shall be deemed to be
a taxing district within the meaning of this chapter, and
the board of county commissioners of the county wherein such abolished unit, or any part thereof, is situate , or
the governmental authority having power or authority to
levy a tax for the retirement of the indebtedness to be
refunded , shall be the governing body thereof, and may
issue refunding bonds in behalf of such unit for the purpose of refunding its outstanding indebtedness, and
may provide for the annual levy of ad valorem taxes without limitation as to rate or amount fully sufficient to pay
principal of and interest on such refunding bonds, the
tax to be levied on the same property which would have
been taxable for payment of the outstanding indebtedness had such taxing unit not been abolished or dissolved.
(3) If the territory of such abolished unit lies in more
than one county, the territory in each county shall be
deemed to be a taxing district in such county and the
board of county commissioners of each county within
which any of such territory is situate, or the governmental authority having power or authority to levy a tax for
the retirement of the indebtedness to be refunded , may
issue refunding bonds as herein provided for the purpose of refunding such portion of the indebtedness of
the abolished unit as shall be chargeable against the territory in said county; provided, however, that nothing in
this section shall affect or limit the powers of the State
Board of Administration in the issuance of refunding
bonds under s. 16, Art. IX of the State Constitution of
1885 as adopted by the 1968 revised Constitution or
753
Ch. 132
GENERAL REFUNDING LAW
under s. 9, Art. XII of said revision.
132.07 Maturity date.-Such resolution may provide that all or any part of the bonds issued thereunder
shall mature in annual installments beginning at such
time after date and running to such time, not longer than
60 years after date as said resolution may provide.
History.-s. 2, ch. 15772, 1931 ; CGL 1936 Supp. 2383(2); s. 1, ch. 22001 , 1943;
s. 18, ch. 69-216.
132.03 Interest; maturity; payment; right to redeem
in advance.-Such resolution or resolutions shall determine the rate or rates of interest to be paid, not exceeding 7.5 percent per annum , payable annually or at
shorter intervals, and the maturity or maturities of the
bonds which shall be at a time or times not exceeding
60 years from the date of the bonds, (except that in the
issuance of bonds of taxing districts where the maturities are fixed under the Constitution , then such maturities shall be in accordance with the maturities fixed in
the constitutional provision), as well as determine the
medium of payment and the place or places in Florida
or any other state at which the principal and interest
shall be payable. In the discretion of the governing body
the right to redeem all or any of the bonds at par before
maturity may be reserved upon terms and conditions to
be fixed by resolution .
History.-s. 3, ch. 15772, 1931 ; CGL 1936 Supp. 2383(3); s. 2, ch. 73-302.
132.04 Redemption before maturity.-Any such
unit may obligate itself to redeem any or all of the refunding bonds before maturity on such terms and conditions
as the resolution authorizing such bonds may determine. Bonds subject to redemption shall state the manner of giving notice of intention to redeem (which may
be by publication without actual notice), and when such
notice has been given such bonds shall not bear interest
after the date fi xed in such notice of redemption, nor
shall coupons maturing thereafter be valid; provided
that adequate funds for their redemption shall have
been provided and set aside by such unit.
History.-s. 4, ch. 15772, 1931 ; CGL 1936 Supp. 2383(4).
132.05 Form; execution; delivery.-The refunding
bonds herein provided for may be issued in registered
form , or may be coupon bonds with the privilege of registration either as to principal only or as to both principal
and interest, and shall be executed in the manner and
by the officials provided in the resolution authorizing
same . Except one signature on each bond , the signatures on the bonds and coupons may be facsimile signatures . Bonds and coupons duly executed by officials
then in office may be negotiated and delivered after
such officials have ceased to hold such office. The authentication or certificate of a registrar may be required
on the bonds.
History.-s. 5, ch. 15772, 193 1; CGL 1936 Supp. 2383(5).
132.06 Separate series of bonds; rates of interest.
-One resolution may provide for several separate series of refunding bonds. Each of such series and separate bonds of the same series may have different terms
and provisions from the others. The same bonds may
bear different rates of interest at different times . Bonds
issued for the purpose of refunding accrued interest
may be non-interest-bearing or may bear a lower rate
than other bonds of the same series as may be provided
in the resolution.
History.-s. 6, ch. 15772, 1931 ; CGL 1936 Supp. 2383(6).
F.S. 1987
History.-s. 7, ch. 15772, 1931 ; CGL 1936 Supp. 2383(7).
132.08 Exchange of bonds.-Bonds issued under
this chapter may be exchanged for not less than an
equal principal amount and accrued interest of indebtedness to be retired thereby, including indebtedness
not yet due, if the same be then redeemable or if the
holders thereof be willing to surrender the same for retirement , but otherwise shall be sold and the proceeds
thereof shall be applied to the payment of such indebtedness and accrued interest due or redeemable which
may be so surrendered .
History.-s. 8, ch. 15772, 1931 ; CGL 1936 Supp. 2383(8).
132.09 Notice of sale; bids and award; private sale.
-When sold, the refunding bonds (except as otherwise
expressly provided) shall be sold pursuant to the terms
of a notice of sale which shall be published at least
twice . The first publication to be not less than 7 days before the date fixed for the sale and to be published in a
newspaper published in the unit, or if no newspaper is
published in the unit, then in a newspaper published in
the county, or if no newspaper is published in the county, then in a newspaper published in Tallahassee, and
in the discretion of the governing body of the unit may
be published in a financial newspaper in the City of New
York. Such notices shall state the time and place and
when and where sealed bids will be received , shall state
the amount of bonds , their dates, maturities, denominations and interest rate or rates (which may be a maximum rate) , interest payment dates, an outline of the
terms , if any, on which they are redeemable or become
payable before maturity, the amount which must be deposited with the bid to secure its performance if accepted, and such other pertinent information as the governing body of the unit may determine. The notice of sale
may require the bidders to fix the interest rate or rates
that the bonds are to bear subject to the terms of the
notice and the maximum rate permitted by this chapter.
The award of the bonds shall be made by the governing
body of the unit to the bidder making the most advantageous bid which shall be determined by the governing
body in its absolute and uncontrolled discretion . The
right to reject all bids shall be reserved to the governing
body of the unit. If no bids are received at such public
sale, or if all bids are rejected , the bonds may be sold
without notice at private sale at any time within one year
thereafter, but such bonds shall not be sold at private
sale on terms less favorable to the unit than were contained in the best bid at the prior public sale .
Hlstory.-s. 9, ch. 15772, 1931 ; CGL 1936 Supp. 2383(9).
132.10 Minimum sale price.-No bonds shall be
sold under this chapter at less than 95 percent of par,
with accrued interest to date of delivery thereof.
History.-s. 10, ch. 15772, 1931 ; CGL 1938 Supp. 2383(10).
132.11 Amount of refunding bonds to be sold.-ln
case of refunding bonds which are not exchanged for
754
F.S. 1987
GENERAL REFUNDING LAW
132.17 Pledge of anticipated revenues.- The resolution authorizing refunding bonds may assign, pledge,
or set aside as a trust for the payment of principal or interest of refunding bonds or for a sinking fund for the
bonds, subject to prior liens or contract obligations , and
on, or subject to , such terms and conditions as may be
stated , any unpaid taxes or assessments whether due
or to grow due, and any revenues due or to grow due,
or proceeds of sale of improvements or properties of the
unit. The resolution authorizing the bonds may contain
agreement to collect and pay over the moneys derived
from such source.
bonds outstanding but are sold , only such amount thereof shall be delivered as is necessary to provide for the
payment of matured bonds and legally accrued interest
and of such unmatured bonds as the holders thereof
have agreed in writing to surrender upon payment of a
sum not exceeding par and legally accrued interest.
History.-s. 11 , ch. 15772. 1931 ; CGL 1936 Supp. 2363(11).
132.12 Exchange without notice.-ln the case of refunding bonds which are exchanged for bonds outstanding and are not sold, such exchange may be made
by the unit without the requirement of the publication of
any notice thereof.
History.- s. 17. ch. 15772, 193 1; CGL 1936 Supp. 2363(17).
History.-s 12. ch. 15772, 1931 ; CGL 1936 Supp. 2363(12).
132.18 Pledge of fixed portion of revenues.- The
resolution authorizing the refunding bonds may pledge
to the payment of principal and interest of such refunding bonds or to a sinking fund for the bonds, a fixed proportion , or a proportion to be determined from time to
time as provided in said resolution , of the moneys from
time to time collected either by taxation of any kind ,
whether upon real or personal property, or collected
from other revenues or receipts of the unit, and such resolution may provide that the said fi xed proportion or the
proportions so determined out of each dollar collected
by the unit shall be applied to the payment of the principal or interest of the refunding bonds , or be paid into or
set aside as a sinking fund for the bonds.
132.13 Delivery of bonds sold.-ln case of refunding bonds which are not exchanged for bonds outstanding but are sold , they shall not be delivered until payment in full has been received therefor. Pursuant to
agreement between unit and purchaser made either before or after the sale of the bonds , the bonds may be delivered in deferred installments and the total purchase
price shall be divided and paid on the installments as
may be agreed , but delivery shall not be deferred more
than 1 year after the sale.
History.-s. 13, ch . 15772. 1931; CGL 1936 Supp. 2363(13).
132.14 Exchange in lieu of sale.-As hereinbefore
provided the refunding bonds instead of being sold may
be exchanged for bonds or for interest on bonds or interest on overdue interest on bonds to refund which they
are issued . The principal and accrued interest of the refunding bonds shall not exceed the amount of the obligations refunded .
History.-s. 14, ch. 15772, 1931; CGL 1936 Supp. 2363(1 4).
132.15 Provision for conditional increase of rate of
interest.-lf the refunding bonds bear a lower rate of interest than the bonds for which they are exchanged, either the resolution authorizing the bonds or the refund ing bonds themselves may provide that the refunding
bonds shall bear the lower rate of interest only so long
as the unit shall not be in default of any agreement or
obligations to the holders and that after any such default, or at the option of the holders after any such default , the refunding bonds shall bear the same rate of interest as the bonds for which they were exchanged . The
unit may impose limitations on the right to exercise such
option , and may provide that the option may only be exercised after a period of default, or by the holders of a
certain amount or proportion of bonds, all as provided
in the said resolution or in the refunding bonds, and if
the right to the higher interest accrues may agree to
substitute new bonds and coupons bearing such higher
interest.
History.-s 15, ch. 15772, 1931 ; CGL 1936 Supp. 2363( 15).
132.16 Sinking fund.- The resolution authorizing
the refunding bonds may contain an agreement on the
part of the unit to provide a sinking fund for such bonds,
and said resolution may provide for payments of such
sinking fund , the investment thereof, the administration
thereof, and the application thereof to the payment, purchase and redemption of the refunding bonds.
History.-s. 16, ch. 15772, 1931; CGL 1936 Supp. 2363(16).
Ch. 132
History.-s. 18, ch. 15772, 193 1; CGL 1936 Supp. 2363(18).
132.19 Priority of payment of refunding bonds.The resolution authorizing the bonds may provide that
the unit shall first set aside out of the tax collections the
amount required in any year for the payment of principal
and interest of refunding bonds and for the sinking fund
for the bonds, before any tax collections shall be set
aside or applied to the payment of any bonds of the unit
that may thereafter be issued , except bonds thereafter
issued to pay or refund bonds then outstanding.
History.-s. 19, ch. 15772, 1931 ; CGL 1936 Supp. 2363(19).
132.20 Proportionate taxes for sinking fund.- The
resolution authorizing the refunding bonds may provide
that in addition to all other amounts to be paid into a
sinking fund for such bonds, such sums shall be levied,
assessed and collected for such sinking funds as bear
a stated proportion of taxes of any kind which are imposed or collected for all purposes other than the payment of refunding bonds issued pursuant to this chapter, so that for every dollar of tax imposed or collected
for all such purposes a stated amount shall be imposed
for the said sinking fund .
Hlstory.-s. 20, ch. 15772, 1931 ; CGL 1936 Supp. 2363(20).
132.21 Pledge of special assessments.-ln the discretion of the governing board there may be pledged to
the payment of any or all such bonds the collections or
proceeds of any or all uncollected special assessments ,
subject, however, to any other outstanding pledge of
such assessment previously made.
History.-s. 21 . ch. 15772, 1931; CGL 1936 Supp. 2363(21).
132.22 Levy of ad valorem tax for payment of
bonds.-
755
Ch. 132
GENERAL REFUNDING LAW
(1) In each year while any of the bonds shall be outstanding there shall be levied by or under the authority
of the governing board upon all taxable property in the
unit, an ad valorem tax sufficient to pay the interest and
principal of such refunding bonds and any sinking funds
which may be provided for by the bonds, or by the proceedings authorizing the sale, provided, however, that
when there shall be in any fund or funds provided for
such bonds, interest and sinking fund, an amount exceeding the amount at that time required for such fund
or funds, the ad valorem tax required by this section for
the current year may be reduced in the amount of such
excess.
(2) It is expressly provided ttiat in the case of taxing
districts where bonds have been issued and are outstanding, which bonds are payable exclusively out of
special assessments levied for the payment of such
bonds, that no authority to levy an ad valorem tax upon
the property of such taxing district shall be conferred or
exist under this chapter, unless the same shall be duly
authorized or approved by the affirmative vote of a majority of the taxpayers who are the owners of freeholds
in said unit not wholly exempt from taxation voting at an
election called and held under the provisions of law relating to the issuance of bonds under s. 12, Art. VII of the
State Constitution and such election shall be called within 60 days after the governing body of such taxing district shall receive a petition requesting the same signed
by a number of owners of freeholds not wholly exempt
from taxation equal to 25 percent of the qualified electors who are owners of such freeholds residing in such
district and by the holder or holders of a majority in
amount of the bonds or outstanding indebtedness to be
refunded, but nothing in this chapter shall preclude the
issuance of refunding bonds under this chapter when
such refunding bonds are issued and are provided to be
supported by the proceeds of special assessments of
the same kind and character as were provided for the
issue which is refunded.
History.-s. 22, ch. 15772, 1931 ; CGL 1936 Supp. 2383(22); s. 15, ch . 69- 216.
132.23 Tax by municipalities; bonds to constitute
general obligations; debt limit inapplicable.(1) In case of refunding bonds issued by municipalities it shall be the duty of the governing board of the municipality charged by law with determining and fixing the
amount of general property taxes for any fiscal year of
the municipality, to ascertain the amount of:
(a) Principal and interest of refunding bonds due in
such year for which moneys are not in hand .
(b) Principal and interest of refunding bonds due prior to such year and which are then or will be in default
in such year, together with interest thereon.
(c) Sinking fund payments due in such year or due
prior to such year and which are then or will be in default
in such year.
(d) Such additional sum as may be necessary to
make up for the estimated failure to collect taxes in such
year.
(2) The said governing body of the municipality shall
determine and fix the total of said sums as the amount
to be raised by tax in addition to all other taxes for said
fiscal year. The said amount shall thereupon be appor-
F.S. 1987
tioned against, and levied and assessed on, all property
subject to taxation in the manner provided by law, for
taxes for other purposes in the municipalities and shall
be collected and applied to such purpose by the official
of the municipality charged by law with duty of apportioning, levying, assessing, collecting and applying taxes for other purposes.
(3) The refunding bonds issued in pursuance of this
chapter by municipalities shall be general and unlimited
obligations of the municipalities and the full faith and
credit of the municipality is hereby irrevocably pledged
for their payment. The municipality and each and every
official and governing board thereof shall levy, assess,
apportion and collect on and from all taxable real and
personal property in the municipality such taxes as shall
be sufficient to pay the interest and principal of the re·
funding bonds as they become due and payable.
(4) No other section of this chapter or of any other
law, or of any agreement or resolution made by the municipality shall be construed to limit or restrict the powers or obligations of the municipality under this chapter
and the provisions of any resolution of the municipality
made pursuant to this chapter shall be construed as
supplemental hereto for the greater protection of the refunding bonds, and shall not be construed as limiting or
restricting the application of this section.
(5) All refunding bonds issued pursuant to the provisions of this chapter shall not be subject to any limitation
or indebtedness prescribed by any statutes, charter or
other special act relating to the municipality.
History.-s. 23, ch . 15772, 1931 ; CGL 1936 Supp. 2383(23).
132.24 Elections, notice, etc.-Any election which
may be held to determine whether any such refunding
bonds shall be issued, if required by the Constitution of
the state, shall be called, noticed and conducted, and
the result thereof determined and declared as shall have
been or may be required by law for the issuance of any
bonds of the unit proposing to issue the bonds herein
authorized; but if an election be not required by the Constitution and nevertheless be held, it may be called, noticed and conducted, and the result thereof determined
and declared, in such manner as the governing body
may provide by resolution. It shall not be necessary to
hold any election for the issuance of any refunding bond,
except in those cases in which an election is required
by the Constitution of the state.
History.-s. 24, ch. 15772, 1931 ; CGL 1936 Supp. 2383(24).
132.25 Creation and maintenance of sinking fund.
-The governing authority of any unit in contracting for
the sale of any bonds may provide for the creation and
maintenance of the necessary sinking fund out of proceeds of sales of lands, and levy of taxes, and proceeds
of mortgages.
History.-s. 25, ch. 15772, 1931 ; CGL 1936 Supp. 2383(25).
132.26 Chapter supplemental and additionai.This chapter is intended as a supplemental and additional grant of power to each and all the various units of
the state as hereinabove defined and shall apply as well
to all municipalities whether heretofore or hereafter incorporated either under general or special act, and shall
not supplant or repeal any existing powers for the issu-
756
F.S. 1987
GENERAL REFUNDING LAW
ance of funding or refunding bonds or any provisions of
law of bonds issued under such powers, or for the custody of moneys provided for such payment, but shall nevertheless repeal all laws and parts of laws, general or
special , so far as the same may be inconsistent with the
complete exercise of any and all powers herein granted
or may deny the right to exercise any power herein
granted as to the levy of taxes upon all taxable property
of such unit or as to the custody of moneys provided for
the payment of bonds or as to any other thing.
History.-s. 26, ch. 15772, 1931 ; CGL 1936 Supp. 2383(26).
132.27 Chapter complete within itself.- This chapter constitutes full authority for the things herein authorized , and no proceedings, publications , notices, consents or approval shall be required for the doing of the
things herein authorized except as are herein prescribed and required. This chapter shall be deemed
complete within itself, except insofar as other laws are
specifically made applicable, nor shall powers hereby
granted be restricted or limited by any other law.
History.-s. 27 , ch. 15772, 1931; CGL 1936 Supp. 2383(27).
132.28 Chapter applicable to school districts.-ln
the event that any school district shall be authorized by
the Constitution and laws of this state to legally issue refunding bonds the provisions of this chapter shall be
deemed to apply to such school district.
History.-s. 29, ch. 15772, 1931 ; CGL 1936 Supp. 2383(28).
132.29 Validation.-Refunding bonds provided to
be issued under this chapter shall be subject to validation and judicial proceedings in like manner and with like
force and effect as bonds generally are provided to be
validated by judicial proceedings under the laws of this
state.
History.-s. 30, ch. 15772, 193 1; CGL 1936 Supp. 2383(29).
132.30 Chapter applicable to all taxing districts.This chapter shall apply to taxing districts of every character and description provided for under the general or
special laws of this state, whether consisting of portions
of a county or of territory located in more than one county.
History.-s. 31 , ch. 15772, 1931 ; CGL 1936 Supp. 2383(30).
132.31 No other proceedings required.-No proceedings shall be required to be taken as to the issuance of any refunding bonds under this chapter except
those prescribed by this chapter, any provisions of any
other laws, general or special, to the contrary notwithstanding .
History.-s. 33, ch. 15772, 1931 ; CGL 1936 Supp. 2383(32).
132.32 Replacement of bonds.-ln case any coupon bonds and the coupons thereunto appertaining , or
any registered bonds, shall become mutilated or be destroyed, a new bond shall be prepared at the expense
of the applicant , and be executed and delivered , of like
tenor, amount, date and series in exchange and substitution for the mutilated or destroyed bond or coupons.
In case of destruction the applicant for a substituted
bond shall furnish to the unit satisfactory evidence of its
destruction and shall also give such security and indem-
Ch. 132
nity as may be required for it.
History.-s. 34, ch. 15772, 1931 ; CGL 1936 Supp. 2383(33).
132.33 Short title.-Sections 132.33-132.47 may be
cited as the "Advance Refunding Law ."
History.-s. 1, ch. 86-181.
132.34 Definitions.-Unless the context clearly indicates a different meaning, as used in ss . 132.33-132.47:
(1) "Average remaining term" means, with respect to
any general obligation bonds to be refunded , the product obtained by multiplying the principal amount of such
bonds maturing or subject to sinking fund installments
in each bond year during the remaining term of such
bonds by the number of bond years from the refunding
date to each such maturity or sinking fund installment,
and dividing the sum of the amounts thus obtained by
the aggregate principal amount of such general obligation bonds to be refunded .
(2) "Average term" means, with respect to any issue
of general obligation refunding bonds , the product obtained by multiplying the principal amount of such general obligation refunding bonds maturing or subject to
sinking fund installments in each bond year by the term
of such general obligation refunding bonds , and dividing
the sum of the amounts thus obtained by the aggregate
principal amount of such issue of general obligation refunding bonds.
(3) "Bonds" includes bonds , debentures, notes, certificates of indebtedness, mortgage certificates , or other
obligations or evidence of indebtedness of any type or
character.
(4) "Bond year" means the 1-year period commencing on the date of issuance of any bonds and each 1year period subsequent thereto .
(5) "Department" means the Department of Adminis tration .
(6) "Effective interest rate," with respect to any issue
of general obligation bonds or general obligation refund ing bonds, means that rate which is equal to the internal
rate of return , compounded at the same frequency as
moneys are actually paid to bond owners, which
equates all future debt service payments to the net proceeds realized by the unit from the issuance of general
obligation bonds or general obligation refunding bonds.
(7) "Escrow agent" means the department of any
bank or trust company, within or without the state , appointed by the governing body of the unit to hold and
invest the proceeds of refunding bonds issued pursuant
to s. 132.35.
(8) "Escrow agreement" means an agreement entered into pursuant to s. 132.41 by and between a unit,
as defined in s. 132.02, and the escrow agent.
(9) "General obligation bonds" means any bonds
which are secured by, or provide for their payment by,
the pledge, in addition to those special taxes levied for
their discharge and such other sources as may be provided for their payment or pledged as security under the
ordinance or resolution authorizing their issuance, of the
full faith and credit and taxing power of the county or
municipality issuing such bonds and for the payment of
which 1 bonds recourse may be had against the general
fund of such county or municipality.
757
Ch. 132
GENERAL REFUNDING LAW
(1 0) "General obligation refunding bonds" means general obligation bonds issued pursuant to s. 132.35 for
the purpose of refunding or refinancing all or part of a
prior issue or multiple issues of general obligation bonds
or general obligation refunding bonds.
(11) "Governing body" means the board or body of a
unit vested with the power of determining the amount
of the tax levies required for taxing the taxable property
of such unit for the purpose of such unit.
(12) "Internal rate of return" means the rate which
when applied to a series of interest and principal payments due at different dates will result in the determination of a present value which precisely equals the
amount received at the time at which bonds are issued.
(13) "Issue" means any bonds which are issued at
substantially the same time, are sold pursuant to a common plan of financing , and will be paid out of substantially the same source of funds or will have substantially the
same claim to be paid out of substantially the same
source of funds.
(14) "Maturity" means the date upon which any general obligation bond or general obligation refunding bond
becomes due and payable to the owner thereof.
(15) "Net average interest cost rate" means:
(a) With respect to any general obligation bonds to
be refunded , a fraction the numerator of which is the
gross amount of interest to be paid from the refunding
date through the remaining term of such bonds plus the
original issue adjustment, and the denominator of which
is the average remaining term of such general obligation
bonds multiplied by the aggregate principal amount of
such general obligation bonds outstanding on the refunding date; and
(b) With respect to any general obligation refunding
bonds , a fraction the numerator of which is the gross
amount of interest to be paid during the term of such refunding bonds plus the amount of any discount or minus
the amount of any premium paid at the time of sale
thereof, and the denominator of which is the average
term of the issue of such general obligation refunding
bonds multiplied by the aggregate principal amount
thereof issued on the refunding date.
(16) "Net proceeds" means the total proceeds of any
general obligation refunding bonds issued pursuant to
s. 132.35, plus any premium received upon the sale of
such general obligation refunding bonds , less the underwriter's discount and all other management fees, costs,
expenses, charges , and sales commissions associated
with the issuance of such refunding bonds, including,
but not limited to, any refunding expenses.
(17) "Original issue adjustment" means the product
obtained by multiplying the amount of discount paid or
the negative of the amount of premium received on the
general obligation bonds to be refunded at the time of
their issuance by a fraction, the numerator of which is
the aggregate principal amount of general obligation
bonds to be refunded on the refunding date and the denominator of which is the aggregate principal amount of
the general obligation bonds originally issued, of which
the general obligation bonds to be refunded are a part.
(18) "Present value" means the amount computed by
discounting the principal and interest payments on both
the general obligation refunding bonds and the general
F.S. 1987
obligation bonds to be refunded from the respective maturities , or sinking fund installment dates, thereof to the
date of issue of such bonds at a rate equal to the effective interest rate of the refunding bonds.
(19) "Refunding date" means the first date on which
interest accrues on any refunding bonds.
(20) "Refunding expenses" means the costs and expenses incidental to the issuance of general obligation
refunding bonds, including, but not limited to , the costs
and expenses of developing the refunding financial
plan ; credit enhancement costs and expenses; fees and
expenses of consultants , advisors , and counsel; costs
and expenses of printing disclosure documents and
bonds ; initial fees of the escrow agent, payment agent,
and bond registrar; and the costs and fees of performing
the terms and conditions of the escrow agreement.
(21) "Refunding financial plan" means the financial
plan for a refunding as set forth in the refunding bond
resolution relating thereto.
(22) "Refunding bond resolution" means a resolution
or ordinance authorizing the issuance of refunding
bonds adopted pursuant to s. 132.36.
(23) "Remaining term" means, with respect to any
general obligation bonds to be refunded , the number of
bond years from the refunding date to and including the
earlier of the maturity or the sinking fund installment
date of such bonds to be refunded .
(24) "Sinking fund installment" means the amount of
term bonds subject to mandatory redemption in any
bond year prior to the maturity of such term bonds.
(25) "Term" means the number of bond years from the
date of issuance of any bond to the date of its maturity,
or date of earlier mandatory redemption for a sinking
fund installment.
(26) "Term bonds" means bonds maturing in a single
bond year which are subject to sinking fund installments
prior to their stated maturity.
(27) "Unit" means a county , city, town, special road
and bridge district, special tax school district, and any
other taxing district in the state.
History.-s. 1, ch. 86-181 .
'Note.- The word "bonds" was inserted by the editors.
132.35 Authorization to issue general obligation refunding bonds.(1) In the manner and subject to the limitations and
conditions set forth in this section, a unit may issue serial bonds, term bonds , or both, without approval of the
electors, to refund all or any portion of an issue or multiple issues of outstanding general obligation serial
bonds, term bonds, or both, issued and outstanding.
The principal amount of general obligation refunding
bonds shall not exceed an amount sufficient to pay the
sum of:
(a) The principal amount of the general obligation
bonds to be refunded which are outstanding as of the
date of issue of the general obligation refunding bonds;
(b) The aggregate amount of unmatured interest
payable on the general obligation bonds to be refunded
to and including either the date or dates such bonds mature or, if such general obligation bonds are to be called
for redemption prior to their maturities, the date or dates
758
F.S. 1987
GENERAL REFUNDING LAW
set for such redemption in accordance with the refunding financial plan;
(c) Redemption premiums, if any, payable on the
general obligation bonds to be refunded as of such redemption date or dates; and
(d) The refunding expenses.
(2) General obligation refunding bonds issued pursuant to this section may be issued at a higher or lower
rate of interest than the general obligation bonds to be
refunded and may be in a greater or lesser principal
amount than the general obligation bonds to be refunded, but shall be issued only in the event that:
(a) The sum of the present value of the total payments of both principal and interest to become due on
the general obligation refunding bonds, excluding all
such principal and interest payments as, in accordance
with the refunding financial plan , will be made from the
principal of and the interest on moneys held in escrow
by the escrow agent under the escrow agreement, and
the present value of refunding expenses not paid from
the net proceeds of the general obligation refunding
bonds, shall be less than the present value of the principal and interest payments to become due at their stated
maturities, or earlier mandatory redemption dates, on
the principal amount of general obligation bonds to be
refunded which are outstanding as of the date of issue
of the general obligation refunding bonds; and
(b) The general obligation refunding bonds are issued at a lower net average interest cost rate than the
general obligation bonds to be refunded.
(3) General obligation refunding bonds issued pursuant to this section may be issued at any time subsequent to the date of issuance of the general obligation
bonds to be refunded .
(4) General obligation refunding bonds issued pursuant to this section shall mature not later than 40 years
from the date of issuance of the general obligation
bonds to be refunded and may finally mature at a date
later than the final maturity of the general obligation
bonds to be refunded; however, any general obligation
refunding bonds issued to refund a prior series of general obligation refunding bonds shall mature not later than
40 years after the date of issuance of the first general
obligation bonds refunded by such prior or any further
prior general obligation refunding bonds.
(5) The first installment of principal of each series of
general obligation refunding bonds shall mature, or be
subject to mandatory redemption , not later than the
date of the first stated maturity, or mandatory redemption, of the general obligation bonds to be refunded next
following the date of issue of the general obligation refunding bonds.
(6) General obligation refunding bonds may be issued as a single series or as two or more separate series .
(7) Bond anticipation notes shall not be issued in anticipation of the sale of general obligation refunding
bonds.
Ch. 132
(1) The issuance of general obligation refunding
bonds shall be authorized by a refunding bond resolution. Each such resolution shall contain, in substance, at
least the following:
(a) The maximum principal amount of general obligation refunding bonds authorized to be issued pursuant thereto.
(b) A determination that such maximum principal
amount of general obligation refunding bonds does not
exceed the limitation imposed by s. 132.35.
(c) Identification of the outstanding general obligation bonds to be refunded.
(d) The financial plan for the refunding proposed,
showing the sources and amounts of all moneys required to accomplish such refunding; containing an estimate of the present value of the total debt service savings anticipated, computed in accordance with s.
132.35(2); and containing a statement that the general
obligation refunding bonds will bear a lower net average
interest cost rate than the general obligation bonds to
be refunded.
(2) Without the assent of the electors, the refunding
bond resolution may pledge to the payment of principal
and interest of general obligation refunding bonds or to
a sinking fund for such bonds only:
(a) Such revenue or other security as is pledged to
the payment of the general obligation bonds to be refunded ;
(b) To the extent required by the refunding financial
plan , all or a portion of the principal of and the interest
on the moneys held in escrow by the escrow agent; and
(c) Such other revenue or security as may otherwise
be pledged by the unit without assent of the electors for
and toward the payment of its general obligation bonds.
History.-s. 1, ch . 86-181.
132.37 Levy of ad valorem tax for payment of general obligation refunding bonds.-ln each fiscal year
while any general obligation refunding bonds shall be
outstanding there shall be levied, by or under the authority of the governing body upon all taxable property in the
unit, an ad valorem tax sufficient to pay the interest and
principal of such general obligation refunding bonds and
any sinking funds which may be provided for by the general obligation refunding bonds or by the proceedings
authorizing the sale thereof. However, when there shall
be in any fund or funds provided for such general obligation refunding bonds, or any interest or sinking fund, any
amount exceeding the amount at that time required for
such fund or funds, the ad valorem tax required by this
section for the then-current fiscal year may be reduced
in the amount of such excess.
History.-s. 1, ch . 86-181.
132.38 Sale of general obligation refunding bonds.
-General obligation refunding bonds shall be sold in
the manner provided ins. 218.385 and at an interest rate
not to exceed the maximum interest rate set forth in s.
215.84.
History.-s. 1, ch. 86-181.
History.-s. 1, ch. 86-181.
132.36
tents.-
Refunding bond resolution; form and con-
132.39 Certification of debt service savings.-No
general obligation refunding bonds shall be issued pursuant to s. 132.35 unless the chief financial officer of the
759
Ch. 132
GENERAL REFUNDING LAW
unit, or such other official as may be designated by the
governing body, shall have first filed with the governing
body of the unit a certificate , which shall be f1nal and
conclusive upon all parties:
(1) Setting forth the present value of the total debt
service savings which will result from the issuance of the
general obligation refunding bonds computed in accordance with the provisions of s. 132.35; and
(2) Demonstrating mathematically that the general
obligation refunding bonds are issued at a lower net average interest cost rate than the net average interest
cost rate borne by the general obligation bonds to be refunded .
F.S. 1987
(2) To pay the refunding expenses ;
(3) At the appropriate time or times to cause to be
given on behalf of the unit such notice or notices of redemption, if any, authorized to be given in respect of the
general obligation bonds to be refunded ; and
(4) To invest the moneys held by it in accordance
with the refunding financial plan and the direction of the
chief financial officer of the unit. Each escrow agreement
shall be irrevocable and shall constitute a covenant with
the holders of the general obligation refunding bonds
and the general obligation bonds to be refunded to
which it relates .
History.- s. 1, ch . 86-181 .
History.-s. 1, ch. 86- 181 .
132.40 Notice to holders of general obligation
bonds to be redeemed; covenant with holders of general obligation refunding bonds.(1) Prior to the issuance of general obligation refunding bonds, the governing body of the unit shall adopt a
resolution electing to call and redeem such portion of
the general obligation bonds to be refunded as is to be
called for payment prior to the date of their maturity in
accordance with the refunding financial plan . The resolution adopted pursuant to this subsection shall authorize and direct the escrow agent, in the name of the unit,
to cause notice of such call for redemption to be given
as required by law and the terms of the bonds to be refunded .
(2) Upon the issuance of the refunding bonds, the
election to call and redeem all or a portion of the general
obligation bonds to be refunded and the direction to the
escrow agent to cause notice thereof to be given contained in the resolution adopted pursuant to subsection
(1) shall become irrevocable, and the provisions of such
resolution shall constitute a contract with the holders of
general obligation bonds to be refunded and the general
obligation refunding bonds .
History.-s. 1, ch. 86-181 .
132.41 Duties and obligations of escrow agentThe chief financial officer of the unit, or such other official as the governing body shall designate, prior to the
issuance of general obligation refunding bonds , shall notify the escrow agent of its appointment and of the intention of the unit to issue general obligation refunding
bonds and, on behalf of the unit, shall enter into an escrow agreement with the escrow agent in respect of the
escrowing of the proceeds, inclusive of any premium,
from the sale of such general obligation refunding
bonds , together with all income derived from the investment of such proceeds, and any other moneys to be provided by the unit to effectuate the refunding financial
plan . Each escrow agreement shall contain such terms
and conditions as shall be necessary in order to accomplish the refunding financial plan , including, without limiting the generality of the foregoing, provisions for the
escrow agent, without further authorization or direction
from the unit, except as otherwise provided therein :
(1) To make all required payments of principal , interest, and redemption premium to the appropriate paying
agent with respect to either the general obligation
bonds to be refunded or the general obligation refunding bonds;
132.42 Investment of escrow funds.-Funds held in
escrow by the escrow agent under an escrow agreement entered into pursuant to s. 132.41 may be held uninvested or may be invested only in direct obligations of
the United States of America or in obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which obligations
shall mature or be subject to redemption at the option
of the holder thereof in such amounts and on such dates
as funds will be required to make payments in accordance with the refunding financial plan . Any moneys remaining in the custody of the escrow agent after the full
satisfaction of all obligations to be paid from moneys
held in escrow by the escrow agent under the escrow
agreement shall be returned to the unit and, if any general obligation refunding bonds remain outstanding ,
shall be applied by the unit to the payment of the principal of or interest on such general obligation refunding
bonds.
History.-s. 1, ch. 86-181 .
132.43 Pledge and use of proceeds of general obligation refunding bonds.- That portion of such proceeds from the sale of general obligation refunding
bonds , together with any other moneys placed in escrow by the unit and together with interest earned thereon , which shall be required for the payment of the principal of and interest on general obligation bonds to be refunded or the general obligation refunding bonds, in accordance with the refunding financial plan, shall be irrevocably committed and pledged to such purpose and the
holders of such general obligation bonds to be refunded
or such general obligation refunding bonds, respectively, shall have a lien upon such moneys and the investments thereof. The pledges and liens provided for in this
section shall become valid and binding upon the issuance of the general obligation refunding bonds and the
moneys and investments held by the escrow agent shall
immediately be subject thereto without any further act.
Such pledges and liens shall be valid and binding as
against all parties having claims of any kind in tort, contract , or otherwise against the unit irrespective of whether such parties have notice thereof. Neither the refunding bond resolution, the escrow agreement , nor any other instrument relating to such pledges and liens need be
filed or recorded.
Hiatory.-s. 1, ch. 86-181 .
132.44 Powers in addition to other powers granted.
-The powers granted by ss . 132.33-132.47 to issue
760
F.S'. 1987
GENERAL REFUNDING LAW
general obligation refunding bonds shall be deemed to
be in addition to the provisions of ss. 132.01-132.32, and
in addition to any other powers or authority provided by
law. Sections 132.33-132.47 constitute full authority for
the things herein authorized, and no proceedings, publications, notices, consents, or approval shall be required
for the doing of the things herein authorized, except as
are herein prescribed and required. Sections 132.33132.47 shall be deemed complete within themselves, except insofar as other laws are expressly made applicable, and the powers hereby granted shall not be restricted or limited by any other law.
History.-s. 1, ch. 86-181 .
132.45 Recital in general obligation refunding
bonds.-AII general obligation refunding bonds issued
pursuant toss. 132.33-132.47 shall contain a recital that
they are issued pursuant to ss . 132.33-132.47.
History.-s. 1, ch. 86-181 .
132.46 Effect of invalidity or irregularity in prior
proceedings.-The authority herein granted to authorize the issuance of general obligation refunding bonds
shall in no way be affected by the invalidity of or any irregularity in any proceedings authorizing the issuance
of the general obligation bonds to be refunded, except
that general obligation refunding bonds shall not be issued to refund bonds theretofore adjudged invalid by
the final judgment of a court of competent jurisdiction.
History.-s. 1, ch . 86- 181 .
132.47 Sections 132.33-132.47 applicable to
school districts.-ln the event that any school district
is or shall be authorized by the constitution and laws of
this state to issue general obligation refunding bonds ,
the provisions of ss . 132.33-132.47 shall apply to such
school district.
History.-s. 1, ch . 86-181 .
761
Ch. 132
Ch. 136
COUNTY DEPOSITORIES
F.S. 1987
CHAPTER 136
COUNTY DEPOSITORIES
136.01
136.03
136.04
136.05
13606
136.08
136.091
County depositories.
County funds to be paid into depositories;
triplicate receipts to be issued .
Depositories to keep demand and time deposits separate; how interest on deposits
credited.
County board to keep set of books; overdrawing prohibited.
How funds drawn from depositories.
Accounts subject to examination by authorized persons.
Exemption for county self-insurance programs.
136.01 County depositories.-Any bank or savings
association organized under the laws of this state or of
the United States and authorized to do business in this
state which, as to the various funds herein referred to,
conforms to the requirements of chapter 280 is authorized to accept county deposits. These funds include:
county funds; funds of all county officers, including constitutional officers ; funds of the school board ; and funds
of the community college district board of trustees . This
enumeration of funds is made not by way of limitation,
but of illustration; and it is the intent hereof that all funds
of the county, the board of county commissioners or the
several county officers , the school board, or the community college district board of trustees be included .
History.-s. 2, ch. 6932, 1915; RGS 1559; s. 1, ch. 8527, 1921 ; CGL 2404; s. 1,
ch. 14691, 1931 ; s. 1, ch. 19549, 1939; s. 7, ch. 24337, 1947; s. 10, ch. 26484, 1951;
s. 1, ch. 59-23; s. 1, ch. 69-300; s. 1, ch. 80-151 ; s. 4, ch. 81-285.
ct.-s. 237 .211 Provisions relating to depositories of school funds .
136.03 County funds to be paid into depositories;
triplicate receipts to be issued.-Tax collectors and all
other persons having , receiving, or collecting any money
payable to the county funds not otherwise provided for,
shall pay the same to the depositories qualified to receive the same . Each depository receiving any money,
as provided in this chapter, shall make receipt for same
in triplicate, one copy of which the depository will carefully preserve and keep , one copy to be given to the person from whom the money was received, and one copy
to be given to the board for which the money was received .
Hlstory--s. 4, ch. 6932, 1915; RGS 1561 ; CGL 2406; s. 5, ch . 81-285.
136.04 Depositories to keep demand and time deposits separate; how interest on deposits credited.Each bank acting as a depository shall keep all daily balance accounts which are subject to immediate checking, in an account or accounts separate from all savings
or time deposit accounts. Funds in a saving or time deposit account shall not be subject to check without being transferred to the checking account by order of the
board or officer having control of the same. Each board
or officer at all times may transfer money from one of the
classes or types of accounts to another. Interest shall be
paid by depositories receiving savings or time deposit
accounts at such rate or rates as may be agreed upon
with respect to such savings or time deposit accounts
by the depository and the board or officer having control
of such account. All interest earned on any of such deposits shall be credited to the account and fund on
which it was earned , and all interest shall be computed
and credited quarterly.
History.-s. 5, ch . 6932, 1915; RGS 1562; s. 2, ch. 8527, 1921 ; CGL 2407; s. 3,
ch . 59-23; s. 6, ch . 81-285.
136.05 County board to keep set of books; overdrawing prohibited.-The board of county commissioners shall keep an accurate and complete set of books
showing the amount on hand, amount received, amount
expended and the balances thereof at the end of each
month for each and every fund carried by said board,
and no check or warrant shall ever be drawn in excess
of the known balances to the credit of that fund as kept
by the said board .
History.-s. 6, ch. 6932, 1915; RGS 1563; CGL 2408.
136.06 How funds drawn from depositories.(1) All money drawn from any depository qualified
under the provisions of this chapter shall be upon a
check or warrant issued by the board or officer drawing
the same, said check or warrant , both as to number and
amount, person to whom drawn and purpose for which
drawn shall be recorded in the minutes of the board having ordered the same drawn , and each check or warrant
so drawn shall be signed by the chairman of said board,
attested by the clerk or secretary of said board with the
corporate seal thereof affixed ; however, money under
the control of any school board may be withdrawn as
may be otherwise provided by law.
(2) For the purpose of providing for the direct deposit of funds under the circumstances herein specified ,
each board or county officer authorized by law to issue
checks or warrants for the withdrawal of money from a
depository qualified under the provisions of this chapter
is authorized to establish the form or forms of warrants
for the withdrawal, payment , or disbursement of money
out of such qualified depository and to change the form
thereof from time to time as such board or officer deems
appropriate. If authorized in writing by the payee, such
warrants may provide for direct deposit of the funds to
the account of the payee in any financial institution
which is designated in writing by the payee and which
has lawful authority to accept such deposits. The written
authorization of the payee shall be filed with the appropriate board or county officer. Direct deposit of funds
may be by any electronic or other medium approved by
such board or officer for such purpose.
(3) Notwithstanding any other provision of law, each
board or county officer who has the authority to deposit
or withdraw funds is authorized to transfer funds from
one depository to another or within a depository or to another institution, and may transfer funds wherein the
transfer does not represent an expenditure, advance, or
reduction of cash assets. Such transfer may be made by
electronic , telephonic , or other medium; and each transfer shall be confirmed in writing and signed by the designee of the board or officer.
762
F.S. 1987
COUNTY DEPOSITORIES
History.-s. 7, ch. 6932, 1915; RGS 1564; CGL 2409; s. 4, ch . 59-23; s. 1, ch.
.
69-300; s. 6, ch. 78-406; s. 1, ch. 82- 104.
cf.-s. 129.08 Coun ty commissioners voting to pay illegal claims or for excess In debtedness.
s. 129.09 County audi tor not to sign illegal warrants .
136.08 Accounts subject to examination by authorized persons.- The accounts of each and every board
and the county accounts of each and every depository,
mentioned or provided for in this chapter, shall at all
times be subject to the inspection and examination by
the county auditor and by the Auditor General.
History.-s. 9, ch. 6932, 1915; RGS t566; CGL 24tt ; s. 8, ch. 69- 82; ss . 12, 35,
ch. 69- 106; s. 3, ch. 79-309; s. 7, ch. 81-285.
136.091 Exemption for county self-insurance programs.-A board of county commissioners is authorized
to contract with an approved service organization to pro-
763
Ch. 136
vide self-insurance services , including , but not limited
to , the evaluation , settlement, and payment of selfinsurance claims on behalf of the board. Pursuant to
such contract , the board may advance money to the service organization to be deposited in a special checking
account for paying claims against the board under 1ts
self- insurance program . The special checking account
shall be maintained in a county depository pursuant to
this chapter. The board may replenish such account as
often as necessary upon the presentation by the service
organization of documentation for claims paid equal to
the amount of the requested reimbursement. Such replenishment shall be made by a warrant signed by the
chairman of the board and attested by the clerk or secretary of the board .
History. -s. 4, ch. 80-285.
Ch. 137
BONDS OF COUNTY OFFICERS
F.S. 1987
CHAPTER 137
BONDS OF COUNTY OFFICERS
13701 Bonds required by county officers.
137 02 Bond of tax collector .
137.03 Bond of property appraisers.
137.04 County commissioners to give bond .
137.05 Duty of county commissioners.
137.06 Failure to give new bond ; misfeasance.
137.07 Failure to perform duties.
137.08 Sums for which sureties may be bound.
137.09 Justification and approval of bonds.
137.10 Provisions not applicable to surety companies.
137.01 Bonds required by county officers.-Each
of the county officers of whom a bond is or shall be required by law, shall , before he is commissioned , give
bond , with not less than two sureties , or a surety company as hereinafter specified , to the Governor of the state
and his successors in office, conditioned for the faithful
performance of the duties of his office, which shall be
approved by the board of county commissioners and
Department of Banking and Finance, and be filed with
the Department of State.
History.-s. 1, ch. 3724, 1887; RS 616; GS 822; RGS 1568; CGL 2416; ss. 10, 12,
35, ch. 69-106.
137.02 Bond of tax collector.-The tax collector of
each county shall give bond in a sum to be fixed by the
board of county commissioners of the respective county, subject to the approval of the Department of Banking
and Finance as to amount and surety. This bond shall
be specifically conditioned to account duly and faithfully
for all taxes collected by the tax collector. In fixing said
bond the board of county commissioners shall take into
consideration the amount of money likely to be in the
custody of the collector at any one time .
History.-s. 5, ch. 3724, 1887; RS 617; GS 823; RGS 1569; s. 1, ch . 10033, 1925;
CGL 2417 ; ss. 12, 35, ch. 69-106; s. 1, ch. 76- 140.
137.03 Bond of property appraisers.-The county
property appraiser shall give a bond, the amount of
which shall be fixed by the board of county commissioners at not less than $1,000 or more than $10,000. In fixing
the amount of said bond, the board of county commissioners shall take into consideration the amount of money likely to be in the custody of the property appraiser
at any one time .
History.-s. 7, ch . 3724, 1887; s. 1, ch. 3844, 1889; RS 618, 619; GS 824; RGS
1570; CGL 2418; s. 1, ch. 28294, 1953; s. 3, ch. 73-47 ; s. 1, ch. 77-102.
137.04 County commissioners to give bond.-Each
and every county commissioner of the several counties
of the state, elected or appointed to such office before
he is commissioned , shall be required to give a good
and sufficient bond with not less than two sureties , or
a surety company duly authorized under the laws of the
state , in the sum of $2,000, conditioned for the faithful
performance of the duties of his office, which bond shall
be approved by the board of county commissioners and
the Department of Banking and Finance. The premium
of the bonds given with surety companies as sureties
shall be paid out of the county treasury .
History.- s. 1, ch . 6477, 1913; RGS 1571 ; CGL 2419; ss. 12, 35, ch. 69-106.
137.05 Duty of county commissioners.-The county commissioners of the various counties of the state
shall at their regular meeting in January and June of
each year examine carefully as to the sufficiency of
bonds of the county officers of their respective counties,
and if by reason of death, assignment, or insolvency of
any of the sureties on the bonds of said officers , they
have reason to believe that the sufficiency of said bond
has become impaired , they shall at once report the
same to the Governor, who shall call upon and require
such officer or officers to execute and file with the proper officer a new bond for the same amount, under the
same conditions as his former bond .
History.-s. 2, ch. 4413, 1895; GS 825; RGS 1572; CGL 2420.
137.06 Failure to give new bond; misfeasance.Upon the failure of any state or county officer to give the
new bond required by s. 137.05, within 60 days after he
is called upon to do so , such failure on the part of any
county officer shall be deemed and held to be a misfeasance within the meaning of the Constitution; and the
Governor shall suspend such officer, as provided in s.
7, Art. IV of the State Constitution , and shall at once appoint a successor to fill such vacancy , who after giving
the bond required and otherwise qualifying, shall take
charge of the office to which he has been appointed,
and perform the duties of the same until his successor
shall have been elected and qualified , or the officer suspended be reinstated ; and in all cases where officers are
liable to impeachment under the Constitution, the failure
to give the bond as hereinbefore mentioned shall constitute a ground of impeachment.
History.-s . 3, ch . 4413, 1895; GS 826: RGS 1573; CGL 2421; s. 6, ch. 69-216.
137.07 Failure to perform duties.-lf the Comptroller of the state , or the boards of county commissioners
of the various counties, shall fail to perform the duties
required by ss . 17.19 and 137.05 respectively, they shall
be liable to the state or county for any loss which may
be sustained by the state or county, by reason of such
failure, such sum to be recovered by suit in any county
in which such Comptroller or county commissioners may
reside.
History.-s. 4, ch. 4413, 1895; GS 827; RGS 1574; CGL 2422.
137.08 Sums for which sureties may be bound.-ln
every bond in which the amount of the bond shall not exceed $1 ,000, there shall be at least two sureties, each
bound for the full amount of the bond . In every bond so
specified in which the amount of the bond shall exceed
$1 ,000, each surety may bind himself for a specified
sum, and the aggregate amount for which the sureties
shall bind themselves shall not be less than the penalty
of the bond.
History.-s. 9, ch. 3724, 1887; RS 620; GS 828; RGS 1575; CGL 2423.
137.09 Justification and approval of bonds.-Each
surety upon every bond of any county officer shall make
affidavit that he is a resident of the county for which the
officer is to be commissioned, and that he has sufficient
visible property therein unencumbered and not exempt
764
F.S. 1987
BONDS OF COUNTY OFFICERS
from sale under legal process to make good his bond .
Every such bond shall be approved by the board of
county commissioners and by the Department of Banking and Finance when they and it are satisfied in their
judgment that the same is legal, sufficient, and proper
to be approved .
History.-s. 10, ch . 3724, 1887; RS 621 ; GS 829; RGS 1576; CGL 2424; ss. 12,
35, ch. 69-106.
765
Ch. 137
137.10 Provisions not applicable to surety companies.-The provisions of this chapter requiring two sureties and justification by surety shall not apply where
such surety is a surety company authorized to do business in this state.
History.-GS 830; RGS 1577; CGL 2425.
Ch. 138
COUNTY SEATS
F.S. 1987
CHAPTER 138
COUNTY SEATS
138.01
138.02
138.03
138.04
138.05
138.06
138.07
138.08
138.09
138.10
138.11
138.12
Petition to change county seat.
Commissioners to order election .
Conduct and return of election .
Names of towns, etc., for county seat to be filed
with clerk .
Form of ballot.
Canvass and result of election ; contests .
Second election when no place receives majority vote .
The two places receiving highest vote to be
placed on ballot in second election.
Canvass of votes of second election ; establishing county seat.
Counties having constructed a new courthouse
within 20 years.
Unlawful use of money in election to change
county seat.
Commissioners may expand county seat.
nished him , shall have printed , at the expense of the
county , a suitable ballot to be used in said election , said
ballot to contain , in alphabetical order, the names of all
such towns , villages and cities, and no other places shall
be printed on the said ballots; provided , that in counties
where the use of voting machines is now or may hereafter be authorized by law, the requirements of this section shall , insofar as practicable , be adapted to the use
of said voting machines.
History.- s. 5. ch . 6239, 1911 ; RGS 1582; CGL 2430.
138.06 Canvass and result of election; contests.The county commissioners shall , not later than 5 days
after the aforesaid election is held, publicly canvass the
same, and the place receiving a majority of all the votes
cast shall be the county seat for the next 10 years . The
result declared upon such canvass may be contested
by five or more taxpayers , qualified electors who voted
in such election for a candidate place other than the
place declared elected , by proceeding in chancery for
an injunction against the removal by the county commissioners of the county records and county offices to the
place declared elected , or by mandamus to compel the
removal of the county offices and records to the place
alleged in such proceedings to have been elected; and
the court in which any such proceeding shall be properly
instituted, may inquire into the legality of such election ,
the qualification of electors voting therein, and render
judgment or decree in favor of the place duly elected by
the qualified electors , and may make such interlocutory
orders or decrees, and issue such process as shall be
necessary to the protection of its jurisdiction, or may be
incidental to the principal relief sought ; provided, that
such action shall be brought within 3 years from the time
of such election .
138.01 Petition to change county seat.-The qualified electors in any county in this state wishing to
change their county seat , shall present to the board of
county commissioners of such county a petition signed
by one- third of the qualified electors , who are taxpayers
on real or personal property, praying for a change of the
location of such county seat.
History.-s. 1, ch. 1890, 1872; RS 622; GS 831; s. 1, ch. 6239, 1911 ; RGS 1578;
CGL 2426.
138.02 Commissioners to order election.-The
county commissioners of any county in this state , upon
receiving such petition as is specified in s. 138.01 shall
order an election to be held at the several precincts of
such county for the location of such county seat, giving
not less than 30 days ' notice thereof, and no person
shall be allowed to vote in such elections except those
qualified to vote under the general election laws of Florida.
History.-s. 2. ch. 1890. 1872; RS 623; GS 832; s. 2, ch . 6239, 1911 ; RGS 1579;
CGL 2427 .
138.03 Conduct and return of election.-AII elections held under the provisions of this chapter shall be
conducted in the manner prescribed by law for holding
general elections in this state , except as herein provided , and the returns of all such elections shall be made
to the county commissioners or the clerk thereof.
History.-s. 3, ch. 1890, 1872; RS 624; GS 833; s. 3. ch. 6239. 1911 ; RGS 1580;
CGL 2428.
138.04 Names of towns, etc., for county seat to be
filed with clerk.-Names of all towns , villages or cities ,
put forward as candidates for the county seat of any
county in this state under the provisions of this chapter
shall be filed with the clerk of the circuit court of such
county not later than 15 days before the date set for
holding said election .
Hi&tory.-s. 4, ch . 6239, 1911; RGS 1581 ; CGL 2429.
138.05 Form of ballot.-The clerk of the circuit court
of any county in this state , when the names of the towns ,
villages and cities required in s. 138.04 have been fur-
History.-ch. 3301. 1881 ; RS 625; GS 834; s. 6, ch. 6239, 19 11 ; s. 10, ch. 7838,
1919; RGS 1583; CGL 2431 .
138.07 Second election when no place receives
majority vote.-Should three or more places be put forward and voted for as the county seat of any county in
this state , and the county commissioners of such county
find that upon the canvass of the said election , as provided for in s. 138.06, that any of such places have received a majority of all the votes cast at said election ,
the place receiving such a majority shall be declared the
county seat as aforesaid , but should the county commissioners find that no place has received a majority of all
the votes cast in said election , they shall proceed at
once without a petition to call a second election to be
held within 30 days of the first election , and in the same
manner and places as prescribed for the first election .
Hlstory.-s. 7, ch. 6239. 1911 ; RGS 1584; CGL 2432.
138.08 The two places receiving highest vote to be
placed on ballot in second election.-Should the second election , as provided for ins. 138.07 , be necessary
to select the place as county seat of any county in this
state , the clerk of the circuit court shall prepare the ballot as aforesaid , dropping the names or name of all
places voted for in the first election except the two
766
F.S. 1987
COUNTY SEATS
places receiving the highest vote in the same, and no
other places shall be voted for nor shall the vote of any
other place or places be counted or considered by the
county commissioners in canvassing the result of such
election.
History.-s. 8, ch. 6239, 1911 ; RGS 1585; CGL 2433.
138.09 Canvass of votes of second election; establishing county seat.-The county commissioners shall,
within 5 days after the election provided for in s. 138.07
is held, meet and publicly canvass the same ; and the
place receiving the majority of all the votes cast shall be
the county seat for the next 10 years. The county commissioners shall erect a courthouse as soon as possible
and provide suitable offices for all the county officers
who are required by law to keep their offices at the
courthouse at the place so selected as the county seat.
History.-s. 9, ch. 6239, 1911 ; RGS 1586; CGL 2434; s. 1, ch . 82-43.
138.10 Counties having constructed a new courthouse within 20 years.- The provisions of this chapter
shall not apply to any county having constructed a new
courthouse within the past 20 years, other than a county
having constructed a courthouse of wood, in which the
county seat is situated, in any town or city not located
on any line of railroad transportation.
History.-s. 10, ch . 6239, 1911 ; s. 1, ch. 6480, 1913; RGS 1587; CGL 2435.
138.11 Unlawful use of money in election to change
county seat.-Any person using money, goods or chattels in any election to change the county seat of any
county, to secure votes or influence for any place as the
county seat of any county in this state , shall be guilty of
a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
History.-s. 10, ch. 6239, 1911 ; s. 1, ch . 6480, 1913; RGS 5904; CGL 8168; s. 80,
ch. 71-136.
138.12 Commissioners may expand county seatThe board of county commissioners of any county may
expand the geographical area of the county seat of its
county beyond the corporate limits of the municipality
named as the county seat by adopting a resolution to
that effect at any regular or special meeting of the
board. Such a resolution may be adopted only after the
board has held not less than two public hearings on the
proposal at intervals of not less than 10 or more than 20
days and after notice of the proposal and such meetings
has been published in a newspaper of general circulation in the county. However, nothing herein shall be
deemed to extend the boundaries of the municipality in
which the county seat was previously located or annex
to such municipality the territory added to the county
seat.
History.-s. 1, ch. 73-320.
767
Ch. 138
Ch. 142
COUNTY FINE AND FORFEITURE FUND
F.S. 1987
CHAPTER 142
COUNTY FINE AND FORFEITURE FUND
142 01
142.02
142.03
142.04
14205
142.06
14207
142.08
142 09
142.10
142.11
142.12
142.13
142.15
142.16
142.17
142.18
Fine and forfeiture fund contents .
Levy of a special tax.
Disposition of fines, forfeitures , and civil penalties ; reports.
Clerk to issue certificate .
Clerk not entitled to fee .
Form of payroll.
Payrolls.
Clerk responsible .
If defendant is not convicted , or dies.
Officer to make out accounts as directed .
Powers and duties of county commissioners .
County commissioners to audit ; how payable.
Right of officer to test validity .
Prisoner confined in different county.
Change of venue .
Comptroller to prepare blanks.
Duty of county commissioners .
142.01 Fine and forfeiture fund contents.- There
shall be in every county of this state a separate fund to
be known as the fine and forfeiture fund. Said fund shall
consist of all fines and forfeitures collected in the county
under the penal laws of the state , except those fines imposed under s. 775.0835(1 ); all costs refunded to the
county; all funds arising from the hire or other disposition
of convicts ; and the proceeds of any special tax that
may be levied by the county commissioners for expenses of criminal prosecutions . Said funds shall be
paid out only for criminal expenses , fees , and costs ,
where the crime was committed in the county and the
fees and costs are a legal claim against the county, in
accordance wi th the provisions of this chapter. Any surplus funds remaining in the fine and forfeiture fund at the
end of a fiscal year may be transferred to the county
general fund .
History.-s. 1, ch. 4323, 1895; s. 1, ch. 4672, 1899; GS 961; RGS 1774; CGL 2825;
s. 2, ch . 77-452; s. 1, ch . 82- 107.
142.02 Levy of a special tax.- The board of county
commissioners of every county may levy a special tax,
not to exceed 2 mills, upon the real and personal property of the respective counties, to be assessed and collected as other county taxes are assessed and collected , for such costs of criminal prosecutions.
History.-s. 1, ch. 4323, 1895; s. 1, ch. 4672, 1899; GS 962; RGS 1775; CGL 2826.
142.03 Disposition of fines, forfeitures, and civil
penalties; reports.-Except as to fines , forfeitures , and
civil penalties collected in cases involving violations of
municipal ordinances , violations of chapter 316 committed within a municipality, or infractions under the provisions of chapter 318 committed within a municipality, in
which cases such fines , forfeitures, and civil penalties
shall be fully paid monthly to the appropriate municipality as provided in ss. 34.191, 316.660 , and 318.21 , and
except as to fines imposed under s. 775.0835(1 ), all fines
imposed under the penal laws of this state in all other
cases , and the proceeds of all forfeited bail bonds or recognizances in all other cases , shall be paid into the fine
and forfeiture fund of the county in which the indictment
was found or the prosecution commenced , and judgment must be entered therefor in favor of the state for
the use of the particular county. The county commissioners of each county shall require a full report from all
clerks of county courts and clerks of circuit courts once
in each month , within 30 days after the expiration of said
month, of the amount of fines imposed by their courts
and of bonds forfeited and judgments rendered on said
forfeited bonds , and into whose hands they had been
paid or placed for collection , the date of conviction in
each case, the term of imprisonment, and the name of
the officer to whom commitment was delivered. If any
clerk of court shall fail to make such report for any
month, the board of county commissioners shall immediately report to the Governor any such failure or refusal,
and the Governor may, in his discretion, suspend such
officer or officers from office. The county commissioners
may withhold any fees or costs of any officer until said
officer collects and pays over to the depository legally
entitled to receive the same all such fines and forfeitures
or furnishes a satisfactory excuse for not doing so.
Hlstory.-s. 2, ch. 4323, 1895; s. 1, ch. 5155, 1903; GS 963; RGS 1776; CGL 2827 ;
s. 20, ch. 73-334 ; s. 2. ch. 76-31; s. 2. ch. 77- 452.
142.04 Clerk to issue certificate.- The clerk of the
circuit court shall issue a certificate under the seal of the
court , and keep a stub copy of the same, to each witness appearing on the part of the state, stating therein
the name of the case and the amount of compensation
to which he is entitled , where the same is a claim against
the county out of the fine and forfeiture fund .
History.- ss. 1, chs. 4323, 4326, 1895; GS 964; RG S 1777; CGL 2828.
142.05 Clerk not entitled to fee.- The clerk issuing
the certificate shall not be entitled to receive any fee for
performing the duty herein imposed . Said clerk shall
make out a payroll in duplicate giving the name of each
witness summoned for the state before the court, the
number of days of attendance , miles traveled and the
amount he is entitled to . The witness shall sign same in
presence of a witness and the clerk shall certify to the
correctness of the payroll.
History.-ss. 1, chs. 4323, 4326, 1895; GS 965; RGS 1778; CGL 2829; s. 1, ch.
204 16, 1941 .
142.06 Form of payroll.- The form of this payroll
shall be prescribed by the county commissioners , and
filed in the clerk of the circuit court 's office for the information and use of the county commissioners in reviewing the acts of the clerk issuing certificates to witnesses
appearing on behalf of the state; and the county commissioners may reject any witness certificate or any portion thereof that they may deem illegal and pay into the
fine and forfeiture fund the amount rejected out of any
fees or costs going to the clerk issuing the certificate,
in case the clerk fails to at once pay the amount.
History.- ss. 1, chs. 4323, 4326, 1895; GS 966; RGS 1779; CGL 2830.
142.07 Payrolls.-When the witness on behalf of
the state appears in any case in county courts, the
768
F.S. 1987
COUNTY FINE AND FORFEITURE FUND
clerks of said courts shall make out payrolls as prescribed in the preceding section. Said payrolls shall be
sworn to by said clerks and presented to the clerk of the
circuit court , to be filed with the said clerk . If said clerk
of the circuit court is satisfied of the correctness and legality of the payroll, he shall issue certificates to each
witness legally and properly on said payroll for the
amount due him in the same manner as for witnesses
in the circuit court, and such certificates shall constitute
the same claim against the county and be receivable for
fines and forfeitures or any special tax levied for criminal
costs .
and accounts and order a warrant , signed by the chairman and countersigned by the clerk of the circuit court,
under the seal of the court, for the amount that they may
find to be due, payable out of the fine and forfeiture
fund , and a copy of all such warrants shall be kept by
the clerk of the circuit court.
History.-s. 8, ch. 4323, 1895; s. 2, ch . 4672, 1899; GS 973; RGS 1785; CGL 2836.
142.13 Right of officer to test validity.-Whenever
any officer shall have presented to the county commissioners any bill or account against any county and such
bill or account or any part thereof shall have been rejected by the county commissioners, such officer may test
the validity of his said charge, bill or account, by suit
against the county, and may recover a judgment for the
amount or such part thereof as shall be a legal claim for
services rendered in the performance of duty, with interest thereon ; provided , that no such claim shall be sued
on more than 1 year after its final rejection by the county
commissioners .
History.-s. 5. ch. 4323. 1895; GS 967; RGS 1780; CGL 2831 ; s. 1. ch . 24306.
1947; s. 20. ch. 73-334.
142.08 Clerk responsible.-lf any portion of said
certificates are rejected by the county commissioners ,
the clerk of the court where the witness appeared shall
be held responsible for the same , and if immediate payment is not made by said clerk , the county commissioners shall deduct the amount rejected from any fees going to said clerk.
History.-s . 2, ch. 4672 , 1899; GS 975; RGS 1786; CGL 2837.
Hlstory.-s. 5. ch. 4323. 1895; GS 968; RGS 1781 ; CGL 2832.
142.15 Prisoner confined in different county.Where the prisoner is confined in the jail of a different
county from the one in which the crime was committed ,
then the sheriff's bill for feeding such prisoner shall be
presented to the board of county commissioners of the
county in which the crime is alleged to have been committed, and paid by such county . If the sheriff should
subsequently collect any such fees for feeding a prisoner, he shall pay the same to the county depository, to go
into the fine and forfeiture fund. The county commissioners shall see that there is always set aside and retained
in the fine and forfeiture fund out of the moneys collected from the special tax authorized to be collected for
such fund , enough cash to pay for keeping and feeding
such prisoners .
142.09 If defendant is not convicted, or dies.-lf
the defendant is not convicted, or the prosecution is
abated by the death of the defendant, or if the costs are
imposed on the defendant and execution against him is
returned no property found , or if a nolle prosse be entered, in each of these cases the fees of witnesses and
officers arising from criminal causes shall be paid by the
county in the manner specified in ss. 142.10-142.12;
provided , that when a committing magistrate holds to
bail or commits a person to answer to a criminal charge
and an information is not filed or an indictment found
against such person , the costs and fees of such committing trial shall not be paid by the county, except the
costs of executing the warrants .
History.-s. 9, ch. 4323, 1895; ch. 4527, 1897; GS 977; RGS 1788; CGL 2839.
History.-ss. 3. 7. ch. 4323. 1895; GS 970; RGS 1782; CGL 2833.
cl .-s. 939.14 County not to pay cost.
142.16 Change of venue.-ln case of change of
venue in any case , all fines and forfeitures in such case
go to the county in which the indictment was found, and
the fees of all officers and witnesses are a charge upon
the county in which the indictment was found, in like
manner as if the trial had not been removed. All costs
and fees arising from the coroner's inquest shall be a
charge upon the county where the inquest is held, and
shall be payable from the general revenue fund of the
county.
142.10 Officer to make out accounts as directed.The officer shall make out his account against the county in such form as the county commissioners may require, stating the services for which the fee is charged,
the title of the case in which the services were performed, and the facts which, under the provisions of s.
142.09, make the fees a good claim against the county,
and present the same to the board of county commissioners with an affidavit that the same is correct.
History.-s. 10, ch. 4323, 1895; GS 978; RGS 1789; CGL 2840.
History.-s. B. ch. 4323. 1895; s. 2. ch. 4672. 1899; GS 971 ; RGS 1783; CGL 2834 ;
s. 20. ch . 73-334.
cf.-s . 939.08 Costs to be certified by county commissioners before audit .
142.11 Powers and duties of county commissioners.- The county commissioners may reject all or any
portion of any account which is not a valid claim against
the county, and shall allow and pay the same only when
it is just, correct and reasonable , and no constructive
mileage or illegal or unnecessary item or charge in any
frivolous case shall be allowed.
History.-s. 8, ch . 4323, 1895; s. 2, ch. 4672, 1899; GS 972; RGS 1784; CGL 2835.
142.12 County commissioners to audit; how payable.- The county commissioners shall audit all bills
Ch. 142
142.17 Comptroller to prepare blanks.- The Comptroller shall prepare suitable blanks and forms to be
used in connection with the auditing of all claims under
this chapter, and furnish the clerks of the circuit courts
with a printed copy of the same.
History.- s. 1, ch. 4430, 1895; GS 980; RGS 1791 ; CGL 2842.
142.18 Duty of county commissioners.- The county commissioners of the respective counties shall adopt
forms furnished in accordance with s. 142.17, and have
printed a sufficient number of said blanks for the use of
the officers of their respective counties .
769
History.-s. 2, ch. 4430, 1895; GS 981 ; RGS 1792; CGL 2843.
Ch. 145
COMPENSATION OF COUNTY OFFICIALS
F.S. 1987
CHAPTER 145
COMPENSATION OF COUNTY OFFICIALS
145.011
145.012
145.021
145.022
145.031
145.051
145.071
145.09
145.10
145.11
145.121
145.131
145.14
145.141
145.16
145.17
145.19
1320, Laws of Florida.
Legislative intent.
Applicability .
Definitions.
Guaranteed salary upon resolution of board of
county commissioners .
Board of county commissioners .
Clerk of circuit court; county comptroller.
Sheriff.
Supervisor of elections.
Property appraiser.
Tax collector .
Other income to be income of the office.
Repeal of other laws relating to compensation; exceptions.
Compensation of other county officials ; guarantee.
Deficiency to be paid by board of county commissioners.
Special laws or general laws of local application prohibited .
Supplemental compensation prohibited.
Annual percentage increases based on increase for state career service employees;
limitation .
145.011 Legislative intent.(1) In compliance with s. 5(c), Art. II of the State Constitution, it is the intent of the Legislature to provide for
the annual compensation and method of payment for
the several county officers named herein.
(2) The Legislature has determined that a uniform
and not arbitrary and discriminatory salary law is needed
to replace the haphazard , preferential, inequitable, and
probably unconstitutional local law method of paying
elected county officers.
(3) It is further the intent of this Legislature to provide by general law for such uniform compensation of
county officials having substantially equal duties and responsibilities , taking into account the multitude of
changes that have affected these offices within the past
decade.
(4) The salary schedules in this chapter are therefore based on a classification of counties according to
each county's population, which the Legislature determines to be the most practical basis from which to arrive
at an adequate, uniform salary system.
History.-s. 1, ch. 61-461; s. 1, ch . 67-576; s. 4, ch. 69-216; s. 1, ch. 69-346; s.
7. ch. 69-403.
145.012 Applicability.- This chapter applies to all
officials herein designated in all counties of the state, except those officials whose salaries are not subject to being set by the Legislature because of the provisions of
a county home rule charter and except officials (other
than the property appraiser, clerk of the circuit court, superintendent of schools, sheriff, supervisor of elections,
and tax collector who if qualified shall receive in addition
to their salaries a special qualification salary as provided
in this chapter) of counties which have a chartered consolidated form of government as provided in chapter 67-
History.-s . 2, ch. 69-346; s. 15. ch. 73-173; s. 45, ch. 73-333; s. 1, ch . 77-102;
s. 1, ch. 80-377.
145.021 Definitions.-As used in this chapter:
(1) "Population" means the population according to
the latest annual determination of population of local
governments produced by the Executive Office of the
Governor in accordance with s. 186.901.
(2) "Salary," when referring to amounts payable under the schedules set forth in this chapter, means the
total annual compensation to be paid to an official as
personal income.
History.-s. 1, ch . 61-461 ; s. 3, ch. 69-346; s. 1, ch. 73-173; s. 89, ch. 79-190;
s. 20, ch. 87-224.
145.022 Guaranteed salary upon resolution of
board of county commissioners.(1) Any board of county commissioners, with the
concurrence of the county official involved, shall by resolution guarantee and appropriate a salary to the county
official, in an amount specified in this chapter, if all fees
collected by such official are turned over to the board
of county commissioners . Copies of the resolution
adopted shall be filed with the Department of Banking
and Finance and the Auditor General.
(2) This section shall not apply to county property
appraisers.
History.-s. 4, ch. 69-346; s. 8, ch . 69-82; ss. 12, 35, ch. 69-106; s. 16, ch.
73-172; s . 1, ch . 77-102; s. 16, ch. 80-377 .
145.031 Board of county commissioners.(1) Each member of the board of county commissioners shall receive as salary the amount indicated ,
based on the population of his county. In addition, compensation shall be made for population increments over
the minimum for each population group, which shall be
determined by multiplying the population in excess of
the minimum for the grouping times the group rate .
Pop. Group
I
II
Ill
IV
v
VI
VII
County Pop. Range
Minimum
Maximum
-010,000
50,000
100,000
200,000
400,000
1,000,000
9,999
49,999
99,999
199,999
399,999
999,999
Base Salary
Group Rate
$4,500
6,000
9,000
12,000
16,500
19,500
22,500
$0.150
0.075
0.060
0.045
O.D15
0.005
0.000
(2) No member of a governing body of a chartered
county or a county with a consolidated form of government shall be deemed to be the equivalent of a county
commissioner for the purposes of determining the compensation of such member under his respective charter.
History.-s. 1, ch. 61-461 ; s. 1, ch. 63-560; s. 1, ch . 65-356; s. 1, ch. 67-543; s.
2, ch. 67-576; s. 5, ch. 69-346; s. 2, ch . 73-173.
145.051 Clerk of circuit court; county comptroller.
(1) Each clerk of the circuit court and each county
comptroller shall receive as salary the amount indicated,
based on the population of his county. In addition, a
770
F.S. 1987
COMPENSATION OF COUNTY OFFICIALS
compensation shall be made for population increments
over the minimum for each population group, which shall
be determined by multiplying the population in excess
of the minimum for the group times the group rate .
Pop. Group
I
II
Ill
IV
v
VI
County Pop. Range
Minimum
Maxi mum
-050,000
100,000
200,000
400,000
1,000,000
49,999
99,999
199,999
399,999
999 ,999
Base Salary
Group Rate
$ 19,150
22,300
25,450
28,075
31,225
34 ,375
$0.07875
0.06300
0.02625
0.01575
0.00525
0.00400
(2)(a) There shall be an additional $2,000 per year
special qualification salary for each clerk of the circuit
court who has met the certification requirements established by the Supreme Court. Any clerk of the circuit
court who is certified during a calendar year shall receive in that year a pro rata share of the special qualification salary based on the remaining period of the year .
(b) In order to qualify for the special qualification salary provided by paragraph (a) , the clerk must complete
the requirements established by the Supreme Court
within 6 years after first taking office, except that those
clerks holding office on July 1, 1980, shall have until July
1, 1986, to complete such requirements .
(c) After a clerk meets the requirements of paragraph (a) , in order to remain certified the clerk shall
thereafter be required to complete each year a course
of continuing education as prescribed by the Supreme
Court.
History.-s. 1, ch . 61- 461; s. 1, ch. 63-560; s. 1, ch. 65-356; s. 2, ch. 67-576; s.
5, ch. 69-346; s. 27, ch. 72-404; s. 4, ch. 73-173; s. 4, ch. 74-325; ss. 2, 12, ch.
80-377 ; s. 1, ch. 85-322.
145.071 Sheriff.(1) Each sheriff shall receive as salary the amount indicated, based on the population of his county . In addition , a compensation shall be made for population increments over the minimum for each group, which shall be
determined by multiplying the population in excess of
the minimum for the group times the group rate .
Pop. Group
I
II
Ill
IV
v
VI
Coun ty Pop. Range
Minimum
Maximum
-050 ,000
100,000
200,000
400 ,000
1,000,000
49,999
99,999
199,999
399 ,999
999,999
Base Salary
Group Rate
$21,250
24,400
27,550
30,175
33,325
36,475
$0.07875
0.06300
0.02625
O.Q1575
0.00525
0.00400
(2)(a) There shall be an additional $2,000 per year
special qualification salary for each sheriff who has met
the qualification requirements established by the Department of Law Enforcement. Any sheriff who so qualifies during a calendar year shall receive in that year a pro
rata share of the special qualification salary based on
the remaining period of the year.
(b) In order to qualify for the special qualification salary described in paragraph (a), the sheriff must complete the requirements specified in that paragraph within 6 years after first taking office , except that those sher-
771
Ch. 145
iffs holding office on July 1, 1980, shall have until July 1,
1986, to complete such requirements .
(c) After a sheriff meets the requirements of paragraph (a) , in order to remain qualified the sheriff shall
thereafter be required to complete each year a course
of continuing education as prescribed by the Department of Law Enforcement.
History.-s. 1, ch. 61-461; s. 1, ch. 63-560; s. 1, ch. 65-356; s. 2, ch . 67- 543; s.
2, ch. 67-576; s. 5, ch. 69-346; ss. 1-3, ch. 70-395; s. 5, ch. 73-173; s. 46, ch.
73-333; ss. 3, 13, ch. 80-377; s. 1, ch . 81-216; s. 5, ch. 85-322; s. 21, ch. 87-224 .
145.09 Supervisor of elections.(1) Each supervisor of elections shall receive as salary the amount indicated , based on the population of his
county . In addition , a compensation shall be made for
population increments over the minimum for each population group, which shall be determined by multiplying
the population in excess of the minimum for the group
times the group rate .
Pop. Group
I
II
Ill
IV
v
VI
County Pop. Range
Minimum
Maximum
-050 ,000
100,000
200,000
400,000
1,000,000
49 ,999
99,999
199,999
399,999
999,999
Base Salary
Group Rate
$15 ,128
18,128
21 '128
23,628
26,628
29,628
$0.075
0.060
0.025
O.Q15
0.005
0.004
(2) The above salaries are based upon a 5-day work
week . If a supervisor does not keep his office open 5
days per week, then the salary will be prorated accordingly.
(3)(a) There shall be an additional $2 ,000 per year
special qualification salary for each supervisor of elections who has met the certification requirements established by the Division of Elections of the Department of
State. Any supervisor who is certified during a calendar
year shall receive in that year a pro rata share of the special qualification salary based on the remaining period
of the year.
(b) In order to qualify for the special qualification salary described in paragraph (a), the supervisor must
complete the requirements established by the Division
of Elections within 6 years after first taking office, except
that those supervisors holding office on July 1, 1980,
shall have until July 1, 1986, to complete such requirements.
(c) After a supervisor meets the requirements of
paragraph (a), in order to remain certified the supervisor
shall thereafter be required to complete each year a
course of continuing education as prescribed by the division.
History.- s. 1, ch. 61-461 ; s. 1, ch. 63-560; s. 2, ch . 65-60; s. 1, ch. 65-356; s.
2, ch. 67-576; s. 5, ch. 69-346; s. 1, ch . 70-429; s. 7, ch . 73-173; s. 2, ch. 79-327;
ss. 6, 17, 22, ch. 80-377 ; s. 2, ch. 85-322.
145.10 Property appraiser.(1) Each property appraiser shall receive as salary
the amount indicated , based on the population of his
county. In addition, a compensation shall be made for
population increments over the minimum for each population group, which shall be determined by multiplying
the population in excess of the minimum for the group
times the group rate .
COMPENSATION OF COUNTY OFFICIALS
Ch. 145
Pop. Group
I
II
Ill
IV
v
VI
County Pop. Range
Minimum
Maximum
-050,000
100,000
200,000
400,000
1,000,000
49,999
99,999
199,999
399,999
999,999
Base Salary
Group Rate
$19 ,150
22,300
25,450
28,075
31 ,225
34,375
$0.07875
0.06300
0.02625
0.01575
0.00525
0.00400
(2)(a) There shall be an additional $2,000 per year
special qualification salary for each property appraiser
who has met the requirements of the Department of
Revenue and has been designated a certified Florida
property appraiser. Any property appraiser who is certified during a calendar year shall receive in that year a
pro rata share of the special qualification salary based
on the remaining period of the year. The department
shall establish and maintain a certified Florida property
appraiser program .
(b) In order to qualify for the special qualification salary described in paragraph (a), the property appraiser
must complete the requirements established by the Department of Revenue within 6 years after first taking office, except that those property appraisers holding office on July 1, 1980, shall have until July 1, 1986, to complete such requirements.
(c) After a property appraiser meets the requirements of paragraph (a), in order to remain certified the
property appraiser shall thereafter be required to complete each year a course of continuing education as prescribed by the department. The Executive Director of
the Department of Revenue may, at his discretion , waive
the requirements of this paragraph for any property appraiser who has reached 60 years of age and who has
been a property appraiser for 20 years .
History.-s. 1, ch. 61-461 ; s. 1, ch. 63-560; s. 1, ch. 65-356; s. 3, ch. 67-543; s.
2, ch. 67-576; s. 1, ch. 67-594; s. 5, ch. 69-346; s. 15, ch. 73-172; s. 8, ch. 73-173;
s. 1, ch . 77-102; ss. 7, 14, ch . 80-377; s. 3, ch. 85-322; s. 62, ch. 86-152.
cf.-s. 298.401 Compensation for special services.
145.11 Tax collector.(1) Each tax collector shall receive as salary the
amount indicated , based on the population of his county . In addition, a compensation shall be made for population increments over the minimum for each population
group, which shall be determined by multiplying the
population in excess of the minimum for the group times
the group rate.
Pop. Group
I
II
Ill
IV
v
VI
County Pop. Range
Minimum
Maximum
-050,000
100,000
200,000
400 ,000
1,000,000
49,999
99 ,999
199,999
399,999
999 ,999
Base Salary
Group Rate
$19 ,150
22,300
25,450
28,075
31 ,225
34,375
$0.07875
0.06300
0.02625
0.01575
0.00525
0.00400
(2)(a) There shall be an additional $2,000 per year
special qualification salary for each tax collector who
has met the requirements of the Department of Revenue
and has been designated a certified Florida tax collector. Any tax collector who is certified during a calendar
year shall receive in that year a pro rata share of the spe-
F.S. 1987
cial qualification salary based on the remaining period
of the year. The department shall establish and maintain
a certified Florida tax collector program.
(b) In order to qualify for the special qualification salary described in paragraph (a), the tax collector must
complete the requirements established by the Department of Revenue within 6 years after first taking office,
except that those tax collectors holding office on July 1,
1980, shall have until July 1, 1986, to complete such requirements.
(c) After a tax collector meets the requirements of
paragraph (a) , in order to remain certified the tax collector shall thereafter be required to complete each year a
course of continuing education as prescribed by the department.
History.-s. 1, ch. 61-461 ; s. 1, ch. 63-560; s. 1, ch . 65-356; s. 2, ch. 67-576; s.
5, ch. 69-346; s. 9, ch. 73-173; ss . 9, 15, ch . 80-377; s. 4, ch. 85-322.
cf.-s. 298.401 Compensation for special services.
145.121 Other income to be income of the office.(1) Except for the salary receivable under this chapter, all fees , costs, salaries, commissions, extra compensation, or any other funds which are paid or payable to
a county official or to his office, either by law or on account of any service (including , for the purposes of this
section , service arising out of official duties, ex officio
duties, and private nonofficial acts) performed by the official for any agency or instrumentality of the state or of
any county or municipality in the state, or for any officer,
board , district, authority, or unit of state or local government, or for individuals, wherein any of the personnel,
equipment , or space of the office is employed, shall be
included as income of the office and shall not be retained by the county official as personal income. Nothing
herein shall be construed as authorizing a county official
to use his office or its personnel or property for a private
purpose .
(2) Any board of county commissioners which prior
to July 1, 1969, had not authorized an additional monthly
expense allowance for the chairman of the commission
may authorize such an allowance of up to $50 per month
for travel and other expenses related to the performance
of his duties, and compensation shall not be considered
as part of the chairman's income from office.
Hlstory.-s. 7, ch . 69-346; s. 1, ch. 70-419; ss. 1, 2, ch. 70-445; s. 1, ch . 72-240;
s. 14, ch. 73-173; s. 1, ch. 74-325.
145.131 Repeal of other laws relating to compensation; exceptions.(1) All local or special laws or general laws of local
application enacted prior to July 1, 1969, which relate to
compensation of county officials are repealed, except
laws pertaining to travel expenses of county officers or
to payment of extra compensation to the chairmen of
boards of county commissioners or district school
boards .
(2) The compensation of any official whose salary is
fixed by this chapter shall be the subject of general law
only, except that the compensation of district school
board members may be fixed within the salary ranges
specified in s. 230.202 by special or local law, and compensation of certain school superintendents may be set
by school boards in accordance with the provisions of
s. 230.303.
772
F.S. 1987
COMPENSATION OF COUNTY OFFICIALS
(c)
(d)
(e)
(f)
(g)
(3) All or any portion of the payment of the costs of
life, health, accident, hospitalization , or annuity insurance , as authorized in s. 112.08 , for county officials and
employees shall not be deemed to be compensation
within the purview of this chapter; and all payments previously made from county funds for such purposes are
hereby validated .
69
~; ~ory.- s .
3, ch. 63-560; s. 10, ch. 69-346; s. 8, ch. 69-82; ss. 12, 35, ch.
145.141 Deficiency to be paid by board of county
commissioners.-Should any county officer have insufficient revenue from the income of his office , after paying
office personnel and expenses , to pay his total annual
salary, the board of county commissioners shall pay any
deficiency in salary from the general revenue fund and
notify the Department of Banking and Finance. The deficiency shall be listed in the comptroller's annual report
of county finances and county fee officers.
History. -s . 8, ch . 69-346; ss. 12, 35, ch. 69-106.
145.16 Special laws or general laws of local application prohibited.(1) The Legislature declares that the preservation of
statewide uniformity of county officials ' salaries is essential to the fulfillment of the legislative intent expressed in this chapter and intends by this section to
prevent any laws which would allow officials in individual
counties to be excepted from the uniform classification
provided in this chapter.
(2) Pursuant to s. 11 (a)(21 ), Art. Ill of the State Constitution , the Legislature hereby prohibits special laws
or general laws of local application pertaining to the
compensation of the following county officials :
(a) Members of the board of county commissioners ;
(b) Clerk of the circuit court ;
Sheriff;
Superintendent of schools ;
Supervisor of elections ;
Property appraiser; and
Tax collector .
History.-s. 1, ch. 69- 211 ; s. 1, ch. 77-102.
Note.- Chapter 69-2 11 was passed by the requisite three-fifths vote in each
house . Sees. 11(a)(21), Art. Ill , State Cons titution.
History.-s. 9, ch. 69- 346; s. 1, ch. 72- 111 ; s. 20, ch. 73-334; s. 7, ch. 83-2 15.
145.14 Compensation of other county officials;
guarantee.(1) Each county official whose compensation for his
official duties is paid wholly or partly by fees or commissions , and whose compensation is not provided for herein shall receive as his yearl y compensation for his official
services from the whole or part of the fees or commissions so collected , the following sum only: all the net income from his office not to exceed $7 ,500 unless otherwise provided by law.
(2) With the concurrence of any county officer described by subsection (1 ), any board of county commissioners may by resolution guarantee and appropriate to
that officer a salary not to exceed $9,600 in lieu of fees ,
if all fees collected are turned over to the board of county commissioners . Copies of the resolution shall be filed
with the Department of Banking and Finance and the
Auditor General.
Ch. 145
145.17 Supplemental compensation prohibited.The compensation provided in chapter 145 shall be the
sole and exclusive compensation of the officers whose
salary is established therein for the execution of their official duties, and , except as specifically provided herein ,
the acceptance of salary for official duties as a result of
other general or special law, general law of local application , resolution , or supplement or from any other source
is a misdemeanor of the first degree punishable as provided in ss . 775 082 and 775.083.
History.-s. 10, ch. 73- 173.
145.19 Annual percentage increases based on increase for state career service employees; limitation.
(1 ) As used in this section , the term :
(a) "Annual factor" means the average percentage
increase in the salaries of state career service employees for the current fiscal year as determined by the Department of Administration or as provided in the General
Appropriations Act or 7 percent , whichever is less , divided by 100, and added to 1.
(b) "Cumulative annual factor" means the product of
all annual factors certified under this act prior to the fi scal year for which salaries are being calculated .
(c) "Initial factor" means a factor of 1.292, which is a
product , rounded to the nearest thousandth , of an earlier cost-of-living increase factor authorized by chapter
73-173 , Laws of Florida, and intended by the Legislature
to be preserved in adjustments to salaries made prior to
enactment of chapter 76-80 , Laws of Florida , multiplied
by the annual increase factor authorized by chapter 79327 , Laws of Florida.
(2) Each fiscal year, the salaries of all coun ty officers
listed in this chapter shall be adjusted by the annual factor . The Department of Administration shall certify the
annual factor and the cumulative annual factors . The adjusted salary rate shall be the product , rounded to the
nearest dollar, of the salary rate granted by the appropriate section of this chapter multiplied first by the initial
factor , then by the cumulati ve annual factor , and finally
by the annual factor. Any special qualification salary received under this chapter shall be added to such adjusted salary rate , which special qualification salary shall be
$2,000, but shall not exceed $2 ,000.
History.-s. 1, ch. 79-327; s. 19, ch. 80-377; s. 6, ch. 81-167 ; s. 5, ch. 83- 55; s.
3, ch. 84-241 .
773
Ch. 153
WATER AND SEWER SYSTEMS
F.S. 1987
CHAPTER 153
WATER AND SEWER SYSTEMS
PART I COUNTY WATER SYSTEM AND SANITARY SEWER FINANCING
(ss . 153.01-153.20)
PART II
COUNTY WATER AND SEWER DISTRICTS
(ss . 153.50-153.88)
PART I
COUNTY WATER SYSTEM AND SANITARY
SEWER FINANCING
153.01
153.02
153.03
153.04
153.05
153.06
153.07
153.08
153.09
153.091
153.10
153.11
153.12
153.13
153.14
153.15
153.16
153.17
153.18
153.19
153.20
Short title .
Definitions .
General grant of power .
Construction of water supply systems, water
system improvements, sewage disposal
systems , and sewer improvements.
Water system improvements and sanitary
sewers ; special assessments.
Issuance of bonds .
General obligation bonds.
Water and sewer district general obligation
bonds.
Water revenue bonds and sewer revenue
bonds.
Combined systems ; issuance of bonds.
Call for bids.
Water service charges and sewer service
charges ; revenues .
Collection of charges .
Application of revenues .
Trust funds .
Remedies .
Water revenue refunding bonds .
Sewer revenue refunding bonds.
Exemption of property from taxation .
Private water supplies .
Alternati ve method .
153.01 Short title.- This part shall be known and
may be cited as the "County Water System and Sanitary
Sewer Financing Law ."
History.-s. 1, ch. 29837, 1955.
153.02 Definitions.-As used in this part the following words and terms shall have the following meanings
unless some other meaning is plainly indicated:
(1) The word "county" shall mean any of the several
counties of the state operating under the authority
granted by this chapter.
(2) The term "county commission" or the word "commission" shall mean the board of county commissioners
of any county operating under the powers granted by
this chapter .
(3) The term "water system" shall mean and shall include any plant, wells , pipes , tanks , reservoirs , system ,
facility, or property used or useful or having the present
capacity for future use in connection with the obtaining
and supplying water for human consumption, fire protection , irrigation , consumption by business, or consumption by industry, and , without limiting the generality of the foregoing definition shall embrace all necessary
appurtenances and equipment and shall include all
property , rights, easements and franchises relating to
any such system and deemed necessary or convenient
for the operation thereof .
(4) The term "water system improvements" shall include all water pipes or lines, valves , meters, and other
water-supplying equipment within the county other
than such equipment as constitute a part of the water
supply system and shall embrace water mains and laterals for the carrying of water to the premises connected
therewith and for carrying such water from some part of
the water supply system.
(5) The term "sewage disposal system" shall mean
and shall include any plant , system , facility or property
used or useful or having the present capacity for future
use in connection with the collection , treatment , purification or disposal of sewage, and, without limiting the generality of the foregoing definition shall embrace treatment plants , pumping stations , intercepting sewers,
pressure lines , mains, and all necessary appurtenances
and equipment and shall include all property, rights ,
easements and franchises relating to any such system
and deemed necessary or convenient for the operation
thereof.
(6) The term "sewer improvements" shall include all
sanitary sewers within the county other than such mains
and lines as constitute a part of a sewage disposal system , and shall embrace sewer mains and laterals for the
reception of sewage from premises connected therewith and for carrying such sewage to some part of the
sewage disposal system .
(7) The word "facility" shall mean such water systems , sewage disposal systems , water system improvements andjor sewer improvements or additions thereto
as are defined by this chapter .
(8) The word "cost" as applied to a water supply system or extensions or additions thereto or to water supply
improvements or to a sewage disposal system or extensions or additions thereto or to sewer improvements
shall include the cost of construction or reconstruction ,
the cost of all labor, materials, machinery and equipment, the cost of all lands , property , rights, easements
and franchises acquired , financing charges, interest prior to and during construction and for 1 year after completion of construction , cost of plans and specifications ,
surveys of estimates of costs and of revenues, cost of
engineering and legal services, and all other expenses
774
F.S. 1987
WATER AND SEWER SYSTEMS
necessary or incident to determining the feasibility or
practicability of such construction or reconstruction, administrative expense and such other expense as may be
necessary or incident to the financing herein authorized.
Any obligation or expense heretofore or hereafter incurred by the county in connection with any of the foregoing terms of cost may be regarded as a part of such
cost and reimbursed to the county out of the proceeds
of bonds issued under the provisions of this chapter.
(9) The term "water revenue bonds" shall mean special obligations of the county which are payable solely
from water service charges and which shall in no way
pledge the property, credit, or general tax revenue of the
county .
(1 0) The term "sewer revenue bonds" shall mean special obligations of the county which are payable solely
from sewer service charges and which in no way pledge
the property, credit, or general tax revenue of the county.
(11) The term "general obligation bonds" shall mean
general obligations of the county which are payable from
unlimited ad valorem taxes or from such taxes and additionally secured by a pledge of water service charges or
sewer service charges or special assessments, or all of
them.
(12) The word "bonds" shall include water revenue
bonds , sewer revenue bonds , and general obligation
bonds.
(13) The word "sewage" shall include any substance
that contains any of the waste products, excrement or
other discharge from the bodies of human beings or animals as well as such other wastes as normally emanate
from dwelling houses.
History.-s 2. ch. 29837, 1955.
153.03 General grant of power.-Any of the several
counties of the state which may hereafter come under
the provisions of this chapter as hereinafter provided is
hereby authorized and empowered :
(1) To purchase andjor construct and to improve,
extend , enlarge , and reconstruct a water supply system
or systems or sewage disposal system or systems, or
both , within such county and any adjoining county or
counties and to purchase andfor construct or reconstruct water system improvements or sewer improvements, or both, within such county and any adjoining
county or counties and to operate, manage and control
all such systems so purchased andjor constructed and
all properties pertaining thereto and to furnish and supply water and sewage collection and disposal services
to any of such counties and to any municipalities and
any persons, firms or corporations , public or private , in
any of such counties; provided , however, that none of
the facilities provided by this chapter may be constructed , owned, operated or maintained by the county on
property located within the corporate limits of any municipality without the consent of the council , commission
or body having general legislative authority in the government of such municipality unless such facilities were
owned by the county on such property prior to the time
such property was included within the corporate limits
of such municipality. No county shall furnish any of the
facilities provided by this chapter to any property al-
Ch. 153
ready being furnished like facilities by any municipality
without the express consent of the council , commission
or body having general legislative authority in the government of such municipality.
(2) To issue water revenue bonds andfor sewer revenue bonds or general obligation bonds of the county
to pay all or a part of the cost of such purchase and/or
construction or reconstruction.
(3) To fix and collect rates , fees and other charges
for the service and facilities furnished by any such water
supply system or water system improvements and sewage disposal system or sewer improvements and to fix
and collect charges for making connections with the water system of the county .
(4) To receive and accept from the Federal Government or any agency thereof grants for or in aid of the
planning , purchase , construction, reconstruction , or financing of any facility and to receive and accept contributions from any 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 and
contributions may be made.
(5) To acquire in the name of the county by gift, purchase as hereinafter provided or by the exercise of the
right of eminent domain, such lands and rights and interests therein , including lands under water and riparian
rights , and to acquire such personal property as it may
deem necessary for the efficient operation or for the extension of or the improvement of any facility purchased
or constructed under the provisions of this chapter and
to hold and dispose of all real and personal property under its control ; provided, however, that no county shall
have the right to exercise the right of eminent domain
over any such lands or rights or interests therein or any
personal property owned by any municipality within the
state nor to exercise such right with respect to any privately owned water supply system or sewage disposal
system including without limitation ponds , streams and
surface waters constituting a part thereof, provided any
such system is primarily used , owned or operated by an
industrial or manufacturing plant for its own use as a water supply system or in disposing of its industrial wastes .
(6) To make and enter into all contracts and agreements necessary or incidental to the performance of its
duties and the execution of its powers under this chapter and to employ such consulting and other engineers,
superintendents, managers, construction and accounting experts and attorneys and such other employees
and agents as it may deem necessary in its judgment
and to fix their compensation .
(7) Subject to the provisions and restrictions as may
be set forth in the resolution hereinafter mentioned authorizing or securing any bonds issued under the provisions of this chapter to enter into contracts with the government of the United States or any agency or instrumentality thereof or with any other county or with any
municipality, private corporation, copartnership, association, or individual providing for or relating to the acquisition and supplying of water and the collection, treatment
and disposal of sewage.
(8) To acquire by gift or purchase at a price to be
mutually agreed upon, any of the facilities or portions
thereof, provided for by this chapter, which shall, prior
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to such acquisition , have been owned by any private
person , group, firm , partnership, association or corporation; provided , however, if the price for same cannot be
agreed upon , the price shall be determined by an arbitration board consisting of three persons , one of whom
shall be selected by the board of county commissioners,
one shall be appointed by the private company or corporation, and the two persons so selected shall select a
third member of said board ; and provided, further, that
in the event said board cannot agree as to the price to
be paid by the said board of county commissioners,
then the board of county commissioners shall exercise
the right of eminent domain.
(9) To enter into agreements and contracts with
building contractors erecting improvements within any
duly platted subdivision within the county, the terms of
which said agreements or contracts may provide that
such building contractors shall install within such subdivision water mains , lines and equipment and sewer
mains and lines, to be approved by the county commission , said mains and lines to run to a point or location
to be agreed upon, at which said point or location said
mains and lines shall be connected to the water supply
system or water system improvements andjor to the
sewage disposal system or sewer improvements of the
county . In the event such agreements or contracts are
entered into they shall provide that upon the connection
of the mains or lines within the subdivision to the water
or sewer facilities of the county said mains, lines and
equipment running to the various privately owned pareels of land within such subdivision shall become the
property of the county and shall become a part of the
county water system improvements andjor sewer improvements .
(10) To restrain , enjoin or otherwise prevent any person or corporation , public or private , from contaminating
or polluting (as defined in s. 387.08) any source of water
supply from which is obtained water for human consumption to be used in any water supply system or water system improvement as authorized by this chapter,
and to restrain, enjoin or otherwise prevent the violation
of any provision of this chapter or any resolution , rule or
regulation adopted pursuant to the powers granted by
this chapter; provided , however, that this chapter shall
not apply to or affect any existing contract that a municipality may have for water or sewage disposal without
the consent of both parties to said contract but this subsection shall not authorize the institution or prosecution
of any proceeding hereunder nor the adoption of any
resolution , rule or regulation which shall in anywise affeet the right of any industrial or manufacturing plant to
discharge industrial waste into any nonnavigable or navigable waters unless such waters are now being used
or are hereafter used hereunder as a source of water for
human consumption and unless the industrial wastes of
any such plant are not being discharged into such waters prior to the time that action is taken by the commission under this chapter to include such water as a part
of any water supply system.
(11) To acquire by gift or purchase, at such price , and
upon such deferred or other terms , as may be mutually
agreed upon , all the capital stock of any domestic or foreign corporation which , prior to such acquisition , shall
F.S. 1987
have owned or operated any of the facilities or portions
thereof provided for by this chapter; to pledge the revenues from the facilities as security for payment of the
purchase price for said stock; and to operate the facilities through the corporation so acquired or to dissolve
said corporation and operate the facilities in any other
manner authorized by law.
Hlstory.-s. 3, ch. 29837, 1955; s. 1, ch. 57-774; ss. 1, 2, ch. 57-1985; s. 1, ch.
77- 187.
cf.-s . 387.08 Penalty for deposit of deleterious substance in lakes , streams, rivers ,
ditches, etc.
153.04 Construction of water supply systems, water system improvements, sewage disposal systems,
and sewer improvements.-Whenever the county commission of any of the several counties of the state by resolution chooses to exercise the powers granted by this
chapter it shall make or cause to be made such surveys,
investigations, studies , borings , maps, plans, drawings
and estimates of costs and of revenues as it may deem
necessary to prepare or have prepared so that such
county commission shall have available to it a comprehensive study and report setting forth either or both of
the following :
(1) The type and estimate of costs of each water
supply system , the purchase or construction of which
shall be deemed by it to be desirable and feasible, together with the location thereof , and of each integral
part, and also setting forth what water system improvements, if any, it deems necessary to purchase or construct to protect the health of and render fire protection
to the inhabitants of the county , together with the location by terminal points and route of each such improvement, a description thereof by its material, nature, character and size and an estimate of the cost of its purchase or construction .
(2)(a) The type of treatment and estimate of cost of
each sewage disposal plant or system, the purchase , or
construction of which shall be deemed by the county
commission to be desirable and feasible , together with
the location thereof and of each integral part, and also
setting forth what sewer improvements, if any , it deems
necessary to purchase or construct to protect the health
of the inhabitants of the county , together with the location by terminal points and route of each such improvement, a description thereof by its material, nature, character, and size and an estimate of the cost of its purchase or construction .
(b) If such study and report reveals , or if it is a fact
that any parcel , plot or area of land proposed to be
served by county-owned and operated facilities as contemplated by this chapter is being served or there is
available to it for service such facilities which are owned
and operated by private individuals , copartnerships ,
corporations or associations , then the county is hereby
prohibited from furnishing the facilities provided by this
chapter to such property without the written consent of
the owner or owners of such privately owned facilities .
(c) The obtaining of such surveys , investigations,
studies , borings, maps, plans , drawings and estimates
is hereby declared to be a county purpose and the costs
thereof may be paid out of the general funds of the county.
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(d) Upon receipt of such report the county commission may authorize the purchase andjor construction of
such facilities as it may deem feasible and practicable.
(e) All public or private property damaged or destroyed in carrying out the powers granted by this chapter shall be restored or repaired and placed in its original
condition as nearly as practicable or adequate compensation made therefor out of the funds provided by this
chapter.
(f) The state hereby consents to the use of all state
lands lying under water which are necessary for the accomplishments or purposes of this chapter.
History.-s. 4, ch . 29837 , 1955.
153.05 Water system improvements and sanitary
sewers; special assessments.(1) Any county may provide for the construction or
reconstruction of a facility and for the levying of special
assessments upon benefited property under the provisions of this section. The initial proceeding hereunder
shall be the passage at any lawful meeting of the commission of a resolution ordering the construction or reconstruction of such facility under and subject to the
provisions of this section, indicating the location by terminal points and route and either giving a description of
the improvements by its material , nature, character, and
size or giving two or more such descriptions with the direction that the material , nature, character, and size
shall be subsequently determined in conformity with one
of such descriptions. Water system improvements or
sewer improvements need not be continuous and may
be in more than one locality or street. The resolution ordering any such improvement may give any short and
convenient designation to each improvement ordered
thereby, after which it shall be sufficient to refer to such
improvement and property by such designation in all
proceedings and assessments, except in the notices
provided by subsections (3) and (4) .
(2)(a) As soon as may be after the passage of such
resolution, the engineer for the county shall prepare in
duplicate plans and specifications of each improvement
ordered thereby and an estimate of the cost thereof.
Such cost may include, in addition to the items of cost
set forth ins. 153.02(8), the cost of relaying streets and
sidewalks necessarily torn up or damaged and shall include the following items of incidental expense:
1. Printing and publishing of notices and proceedings and costs of abstracts of title; and
2. Any other expense necessary or proper in conducting the proceedings and work provided for in this
section.
(b) If the resolution shall provide alternative descriptions of material, nature, character, and size, such estimate shall include an estimate of the cost of the improvement of each such description.
(c) The engineer shall also prepare in duplicate a
tentative apportionment of the estimated cost as between the county and each lot or parcel of land subject
to special assessment under the resolution, such apportionment to be made in accordance with the provisions
of the resolution and the provisions of subsection (6) in
relation to apportionment of cost in the preliminary assessment roll. Such tentative apportionment of estimat-
Ch. 153
ed cost shall not be held to limit or restrict the duties of
the engineer in the preparation of such preliminary assessment roll. One of the duplicates of such plans, specifications, and estimate and such tentative apportionment shall be filed with the clerk of the circuit court in
the county and the other duplicate shall be retained by
the engineer in his files, all thereof to remain open to
public inspection.
(3) The county commission upon the filing with it of
such plans, specifications, estimate, and tentative apportionment of cost shall publish once in a newspaper
published in the county a notice stating that at a regular
meeting of the commission on a certain day and hour,
not earlier than 10 days from such publication, the commission will hear objections of all interested persons to
the confirmation of such resolution , which notice shall
state in brief and general terms a description of the proposed improvement with the location thereof and shall
also state that plans, specifications, estimate, and tentative apportionment of cost thereof are on file in the office
of such clerk. The commission shall keep a record in
which shall be inscribed, at the request of any person,
firm, or corporation having or claiming to have an interest in any lot or parcel of land, the name and post-office
address of such person , firm , or corporation , together
with a brief description or designation of such lot or parcel ; and it shall be the duty of the commission to mail
a copy of such notice to such person , firm , or corporation at such address, at least 10 days before the time
for the hearing as stated in such notice, but the failure
of the commission to keep such record or so to inscribe
any name or address or to mail any such notice shall not
constitute a valid objection to holding the hearing as
provided in this section or to any other action taken under the authority of this section .
(4) At the time named in such notice, or to which an
adjournment may be taken by the commission, the commission shall receive any objections of interested persons and may then or thereafter repeal or confirm such
resolution with such amendments, if any, as may be desired by the commission and which do not cause any additional property to be specially assessed.
(5) All objections to any such resolution on the
ground that it contains items which cannot be properly
assessed against property, or that it is, for any default
or defect in the passage or character of the resolution
or the plans or specifications or estimate, void or voidable in whole or in part, or that it exceeds the power of
the commission , shall be made in writing, in person or
by attorney, and filed with the commission at or before
the time or adjourned time of such hearing . Any objections against the making of any improvement not so
made shall be considered as waived, and if an objection
shall be made and overruled or shall not be sustained,
the confirmation of the resolution shall be the final adjudication of the issues presented unless proper steps
shall be taken in a court of competent jurisdiction to secure relief within 10 days.
(6) Promptly after the completion of the work , the
engineer for the county shall prepare a preliminary assessment roll and file same with the clerk , which roll
shall contain the following:
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(a) A description of the lots and parcels of land within the district, which shall include all lots and parcels
which abut upon the sides of that part of any street in
which a water supply system , water system improvement, or sanitary sewer, except a curb sewer, is to be
constructed or reconstructed ; all lots and parcels which
abut upon the side or sides of any street in or along
which side or sides a sanitary curb sewer shall have
been constructed or reconstructed ; and all lots and parcels which are served or are to be served by such water
supply system, water system improvement, or sanitary
sewer . Such lots and parcels shall include all property,
whether publicly or privately owned . There may also be
given, in the discretion of the engineer, the name of the
owner of record of each lot or parcel , where practicable ,
and in all cases there shall be given a statement of the
number of feet of property so abutting , which number
of feet shall be known as frontage.
(b) The total cost of the improvement and the
amount of incidental expense .
(c) An apportionment as between the county and
the property included in the preliminary assessment roll
of the cost of each improvement, including incidental expense , to be computed as follows :
1. To each lot or parcel of land , to the property or
curb line of which a water supply lateral or sanitary sewer lateral shall have been laid, shall be apportioned the
cost of such lateral or laterals .
2. To abutting property shall be apportioned according to frontage, or any other method being deemed
equitable by the commission , all or any part of the cost
of such water system improvements or sewer improvements as may be fixed by resolution ordering the improvements.
3. To the county shall be apportioned the remaining
costs of the water system improvements or sewer improvements , unless all of such costs shall be apportioned to the abutting property ; provided , however, that
in the case of lots or parcels which abut on more than
one street or which are served or are to be served by
such water system improvements or sewer improvements although not abutting on either side of the street
in which such improvement is constructed, the apportionment shall be made under such rules and regulations as the commission shall deem to be fair and equitable.
(7) The preliminary roll shall be advisory only and
shall be subject to the action of the commission as hereinafter provided . Upon the filing with the commission of
the preliminary assessment roll, the commission shall
publish once in a newspaper published in the county a
notice stating that at a meeting of the commission to be
held on a certain day and hour, not less than 12 days
from the date of such publication , which meeting may
be a regular, adjourned or special meeting , all interested
persons may appear and file written objections to the
confirmation of such roll. Such notice shall state the
class of the improvement and the location thereof by terminal points and route. Such meeting of the commission
shall be the first regular meeting following the completion of the notice hereinabove required , unless the commission shall have provided for a special meeting for
such purpose .
F.S. 1987
(8) At the time and place stated in such notice, the
commission shall meet and receive the objections in
writing of all interested persons as stated in such notice.
The commission may adjourn the hearing from time to
time . After the completion thereof, the commission shall
either annul or sustain or modify in whole or in part the
prima facie assessment as indicated on such roll, either
by confirming the prima facie assessment against any
and all lots or parcels described therein, or by canceling ,
increasing, or reducing the same , according to the special benefits which the commission decides each such
lot or parcel has received or will receive on account of
such improvement. If any property which may be
chargeable under this section shall have been omitted
from the preliminary roll or if the prima facie assessment
shall not have been made against it, the commission
may place on such roll an apportionment to such property . The commission shall not confirm any assessment in
excess of the special benefits to the property assessed ,
and the assessments so confirmed shall be in proportion
to the special benefits . Forthwith after such confirmation , such assessment roll shall be delivered to the county property appraiser. The assessment so made shall be
final and conclusive as to each lot or parcel assessed
unless proper steps be taken within 10 days in a court
of competent jurisdiction to secure relief. If the assessment against any property shall be sustained or reduced
or abated by the court , the county property appraiser
shall note that fact on the assessment roll opposite the
description of the property affected thereby . The
amount of the special assessment against any lot or parcel which may be abated by the court , unless the assessment upon the entire district is abated, or the
amount by which such assessment is so reduced , may
be , by resolution of the commission made chargeable
against the county at large; or, in the discretion of the
commission , a new assessment roll may be prepared
and confirmed in the manner hereinabove provided for
the preparation and confirmation of the original assessment roll .
(9) Any assessment may be paid at the office of the
county tax collector within 30 days after the confirmation
thereof , without interest . Thereafter all assessments
shall be payable in equal annual installments, with interest at 8 percent per year, or, if bonds are issued pursuant to this chapter, at a rate not to exceed 1 percent
above the rate of interest at which the improvement
bonds authorized pursuant to this chapter and used for
improvements are sold , from the expiration of said 30
days in each of the succeeding 20 calendar years at the
time or times in each year at which the general county
taxes are payable ; however, the commission may by resolution fix a shorter period of payment for any assessment; further , any assessment may be paid at any time
before due, together with interest accrued thereon to
the date of payment.
(1 0) All assessment shall constitute a lien upon the
property so assessed from the date of confirmation of
the resolution ordering the improvement, of the same
nature and to the same extent as the lien for general
county taxes falling due in the same year or years in
which such assessment or installments thereof fall due,
and any assessment or installment not paid when due
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WATER AND SEWER SYSTEMS
shall be collectible in the same manner and at the same
time as such general taxes are or may be collectible ,
with the same attorney's fee , interest, and penalties and
under the same provisions as to forfeiture and the right
of the county to purchase the property assessed as are
or may be provided by law in the case of county taxes ;
provided , however, that no such sale of any property for
general county taxes or for an installment or installments
of any such assessment and no perfecting of title under
any such sale shall divest the lien of any installment of
such assessment not due at the time of the sale. Collection of such assessments , with such interest and with
a reasonable attorney 's fee and costs , but without penalties , may also be made by the county by proceedings
in a court of equity to foreclose the lien of assessments
as a lien for mortgages is or may be foreclosed under the
laws of the state ; or by an action in rem in the manner
provided by law for the foreclosure and collection of ad
valorem taxes ; provided that any such proceedings to
foreclose shall embrace all installments of principal remaining unpaid with accrued interest thereon , which installments shall , by virtue of the institution of such proceedings , immediately become and be due and payable. Nevertheless, if, prior to any sale of the property
under decree of foreclosure in such proceedings , payment be made of the installment or installments which
are shown to be due under the provisions of the resolution passed pursuant to subsection (9) , with interest as
required by said subsection and by this subsection (10)
and all costs including attorney's fee , such payment
shall have the effect of restoring the remaining installments to their original maturities as provided by the resolution passed pursuant to subsection (9), and the proceedings shall be dismissed . It shall be the duty of the
county to enforce the prompt collection of assessments
by one or the other of the means herein provided , and
such duty may be enforced at the suit of any holder of
bonds issued under this chapter in a court of competent
jurisdiction by mandamus or other appropriate proceedings or action . Not later than 30 days after the annual
sale of property for delinquent taxes of the county , or if
such property or taxes are not sold by the county, then
within 60 days after such taxes become delinquent , it
shall be the duty of the commission to direct the attorney or attorneys whom the commission shall then designate, to institute actions within 3 months after such direction to enforce the collection of all special assessments for local improvements made under this section
and remaining due and unpaid at the time of such direction (unless theretofore sold at tax sale) . Such action
shall be prosecuted in the manner and under the conditions in and under which mortgages are foreclosed under the laws of the state. It shall be lawful to join in one
action the collection of assessments against any or all
property assessed by virtue of the same assessment roll
unless the court shall deem such joinder prejudicial to
the interest of any defendant. The court shall allow a reasonable attorney's fee for the attorney or attorneys of
the county , and the same shall be collectible as a part
of or in addition to the costs of the action. At any sale
pursuant to decree in any such action , the county may
be a purchaser to the same extent as an individual person or corporation , except that the part of the purchase
Ch. 153
price represented by the assessments sued upon and
the interest thereon need not be paid in cash . Property
so acquired by a county, including the certificate of sale
thereof , may be sold or otherwise disposed of, for cash
or upon terms , the proceeds of such disposition to be
placed in the fund provided by subsection (11 ); provided, however , that no sale or other disposition thereof
shall be made unless notice calling for bids therefor to
be received at a stated time and place shall have been
published in a newspaper published in the county one
time at least 1 week prior to such disposition.
(11) All assessments and charges made under the
provisions of this section for the payment of all or any
part of the cost of any sewer improvement or improvements for which bonds shall have been issued under the
provisions of this chapter, are hereby pledged to the
payment of the principal of and the interest on such
bonds and shall when collected be placed in a separate
fund , properly designated , which fund shall be used for
no other purpose than the payment of such principal
and interest.
(12) Each school district and other political subdivision wholly or partly within the county and each public
agency or instrumentality owning property within the
county shall possess the same power and be subject to
the same duties and liabilities in respect of assessment
under this section affecting the real estate of such county , district, political subdivision , or public agency or instrumentality which private owners of real estate possess or are subject to hereunder; and such real estate
shall be subject to liens for said assessments in all cases
where the same property would be subject had it at the
time the lien attached been owned by a private owner.
History.-s. 5, ch . 29837, 1955; s. 1, ch. 57- 323; ss. 1, 2, 3, 4, ch. 67 -547; s. 2,
ch . 76- 148; s. 1, ch. 77- 102; s. 7, ch. 82-195.
cf.-s. 153.08 Water and sewer district general obligation bonds.
s. 196.31 Taxes against state properties: notice.
153.06 Issuance of bonds.(1) The county commission is hereby authorized to
provide by resolution at one time or from time to time for
the issuance of either water revenue bonds, sewer revenue bonds , or general obligation bonds of the county for
the purpose of paying all or any part of the cost of any
one or more of the following :
(a) A water supply system or systems ;
(b) Extensions and additions thereto ;
(c) Water system improvements ;
(d) A sewage disposal system or systems ;
(e) Extensions and additions thereto ; and
(f) Sewer improvements .
The bonds of each issue shall be dated , shall bear interest at such rate or rates not exceeding 7.5 percent per
annum, shall mature at such time or times not exceeding
50 years from their date or dates as may be determined
by the county commission, and may be made redeem able before maturity at the option of the county at such
price or prices and under such terms and conditions as
may be fixed by the county commission prior to the issuance of the bonds .
(2) The county commission shall determine the form
of the bonds including any interest coupons to be attached thereto , and the manner of the execution of the
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WATER AND SEWER SYSTEMS
bonds and shall fix the denomination or denominations
of the bonds and place or places of payment of principal
or interest which may be at any bank or trust company
within or without the state. In case any officer whose signature or facsimile of whose signature shall appear on
any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such
facsimile shall nevertheless be valid and sufficient for all
purposes the same as if he had remained in office until
such delivery.
(3) All bonds issued under the provisions of this
chapter shall have and are hereby declared to have all
the qualities and incidents of negotiable instruments.
Bonds may be issued in coupon or in registered form or
both as the county commission may determine and provision may be made for the registration of any coupon
bonds as to principal alone and also as to both principal
and interest and for the reconversion into coupon bonds
of any bonds registered as to bond principal and interest.
(4) No sale of bonds shall be made at a price so low
as to require the payment of interest on the money received therefor at more than 7.5 percent per annum
computed with relation to the absolute maturity of the
bonds in accordance with the standard tables of bond
values, excluding, however, from such computations the
amount of any premium to be paid on redemption of any
bonds prior to maturity. Prior to the preparation of definitive bonds , the county may, under like restrictions , issue
interim receipts or temporary bonds with or without coupons exchangeable for definitive bonds when such
bonds have been executed and are available for delivery. The county commission may also provide for thereplacement of any bonds which shall become mutilated
or be destroyed or lost.
(5) Bonds may be issued under the provisions of this
chapter without obtaining the consent of any commission, board, bureau or agency of the state and without
the proceeding or happening of any other condition or
thing than those proceedings , conditions or things
which are specifically required by this chapter.
(6) The proceeds of such bonds shall be used solely
for the payment of costs of the water supply system or
systems or the water system improvements or the sewage disposal system or systems or the sewer improvements, for the purchase , construction or reconstruction
of which such bonds shall have been authorized , and
shall be disbursed in such manner and under such restrictions, if any , as the county commission may provide
in the authorizing resolution. If the proceeds of such
bonds , by error of estimates or otherwise shall be less
than such costs , additional bonds may in like manner be
issued to provide the amount of such deficit and unless
otherwise provided in the authorizing resolution shall be
deemed to be of the same issue and shall be entitled to
payment from the same fund without preference or priority of the bonds first issued for the same purpose . If the
proceeds of the bonds of any issue shall exceed the
amount required for the purpose for which such bonds
shall have been issued, the surplus shall be paid into the
fund provided under the provisions of this chapter for
the payment of principal of and the interest on such
bonds.
F.S. 1987
History.-s. 6, ch. 29837 , 1955; s. 5, ch. 67-547; ss. 3, 4, ch . 73- 302; s. 4, ch.
80-98.
153.07 General obligation bonds.(1) No general obligation bonds shall be issued by
county unless the issuance of such bonds shall be approved by a majority of the votes that are cast in an election in which a majority of the freeholders who are qualified electors residing in the county shall participate.
Such election shall be called, noticed and conducted
and the result thereof determined and declared in the
manner required by law for the issuance of bonds of the
county.
(2) For the payment of the principal and the interest
on any general obligation bonds of the county issued under the provisions of this chapter, the county commission is hereby authorized and required to levy annually
a special tax upon all taxable property within the county
over and above all other taxes authorized or limited by
law sufficient to pay such principal and interest as the
same respectively become due and payable, and the
proceeds of all such taxes shall when collected be paid
into a special fund and used for no other purpose than
the payment of such principal and interest; provided,
however, that there may be pledged to the payment of
such principal and interest the proceeds of such water
service charges andjor sewer service charges, and in
the event of such pledge the amount of the annual tax
levy herein required may be reduced in any year by the
amount of such proceeds actually received in the preceding year and then remaining on deposit to the credit
of such fund for the payment of such principal and interest.
History.- s. 7, ch . 29837, 1955; s. 6, ch. 67-547 .
153.08 Water and sewer district general obligation
bonds.(1) The county commission is hereby authorized to
establish within the county such water and sewer districts as it may deem necessary. For the purpose of providing for and financing the facilities provided for in this
chapter, general obligation bonds may be issued covering the facilities located in such district and to be paid
by general ad valorem taxes levied in and collected from
such district or districts ; provided , however, that no
such general obligation bonds for such district or districts shall be issued by the county unless the issuance
of such bonds shall be approved by a majority of the
votes in an election in which a majority of the freeholders
who are qualified electors residing in such district or districts shall participate. Such election shall be called, noticed and conducted and the result thereof determined
and declared in the manner required by law for the issuance of bonds of the county.
(2) For the payment of the principal and interest
thereon on any such general obligation bonds issued for
the benefit of such district or districts issued under the
provisions of this chapter the county commission is
hereby authorized and required to levy annually a special tax upon all taxable property within the said district
or districts over and above all other taxes authorized or
limited by law sufficient to pay such principal and interest as the same respectively becomes due and payable,
and the proceeds of all such taxes shall when collected
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WATER AND SEWER SYSTEMS
be paid into a special fund and used for no other purpose than the payment of such principal and interest;
provided, however, that there may be pledged to the
payment of such principal and interest the proceeds of
such water service charges andjor sewer service
charges and in the event of such pledge the amount of
the annual tax levied herein required may be reduced in
any year by the amount of such proceeds actually received in the preceding year and then remaining on deposit to the credit of such fund for the payment of such
principal and interest.
(3) Revenue bonds as authorized by s. 153.09 may
be issued to finance facilities located in any district created under the authority of this section .
History.-s. 8, ch. 29837 , 1955; s. 2, ch. 57-323; s. 7, ch. 67-547.
cf.-s. 153.05 Water system improvements and sanitary sewers; special assessments.
153.09 Water revenue bonds and sewer revenue
bonds.(1) Water revenue bonds may be used only in connection with the acquisition , construction or operation of
water supply systems or water system improvements,
and sewer revenue bonds may be used only in connection with the acquisition, construction and operation of
sewage disposal systems and sewer improvements.
Water revenue bonds andjor sewer revenue bonds issued under the provisions of this chapter shall not be
deemed to constitute a pledge of the faith and credit of
the county but such bonds shall be payable solely from
the funds provided therefor under the provisions of this
chapter. All such bonds shall contain a statement on
their face substantially to the effect that the county is
not obligated to pay such bonds or the interest thereon
except from such funds and that the faith and the credit
of the county is not pledged to the payment of the principal of or the interest on such bonds. The issuance of water revenue bonds andjor sewer revenue bonds under
the provisions of this chapter shall not directly or indirectly or contingently obligate the county to levy any taxes whatever therefor or to make any appropriation for
their payment except from the funds pledged under the
provisions of this chapter .
(2)(a) The resolution authorizing the issuance of water revenue bonds under the provisions of this chapter
shall pledge the revenues to be received but shall not
convey or mortgage any water supply system or water
system improvements, or any part thereof.
(b) The resolution authorizing the issuance of sewer
revenue bonds under the provisions of this chapter shall
pledge the revenue to be received but it shall not convey
or mortgage any sewage disposal system or sewer improvements or any part thereof.
(c) Either water revenue bonds or sewer revenue
bonds may contain such provisions for protecting and
enforcing the rights and remedies of the bondholders as
may be reasonable and proper and not in violation of
law, including covenants setting forth the duties of the
county commission in relation to the purchase, construction, reconstruction , improvement, maintenance, operation, repair and insurance of the water supply system or
systems and the water system improvements and the
sewage disposal system or systems and the sewer improvements and provisions for the custody , and safe781
Ch. 153
guarding and application of all moneys, and for the employment of consulting engineers in connection with
such purchase , construction , reconstruction or operation . Such resolution may set forth the rights and remedies of the bondholders and may restrict the individual
right of action by bondholders as is customary in trust
agreements or trust indentures securing bonds or debentures of corporations .
(d) In addition to the foregoing, such resolution may
contain such other provisions as the county commission
may deem reasonable and proper for the security of
bondholders. Except as in this chapter otherwise provided, the county commission may provide for the payment
of the proceeds of the sale of the bonds and revenues
of the water supply system or systems and of any water
system improvements or of the sewage disposal system
or systems and of any sewer improvements to such officer, board or depository as it may designate for the custody thereof, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine.
(3) The resolution providing for the issuance of water revenue bonds andjor sewer revenue bonds may
also contain such limitations upon the issuance of additional water revenue bonds and/or sewer revenue
bonds as the county commission may deem proper, and
such additional bonds shall be issued under such restrictions and limitations as may be prescribed by such
resolution .
(4) No water revenue bonds or sewer revenue bonds
shall be issued under the authority of this chapter unless
the county commission shall have theretofore found and
determined the estimated cost of the facilities or systems on account of which such bonds are to be issued,
the estimated annual revenues of such facilities or systems , and the estimated annual cost of maintaining, repairing and operating such facilities or systems, nor unless it shall appear from such estimate that the annual
revenues will be sufficient to pay such cost of maintenance, repair and operation and the interest on such
bonds and the principal thereof as such interest and
principal shall become due.
(5) If the approval of the issuance of water revenue
bonds or sewer revenue bonds at an election of the freeholders who are qualified electors residing in the county
shall be required by the constitution of the state , such
election shall be called, noticed and conducted and the
result thereof determined and declared as shall have
been or may be required by law for the issuance of
bonds of the county .
History.-s . 9, ch. 29837, 1955.
153.091 Combined systems; issuance of bonds.(1) Notwithstanding the provisions of s. 153.09, the
county may issue water and sewer revenue bonds for
the purpose of the construction, acquisition, or improvement of water supply systems or water system improvements and sewage disposal systems or sewer improvements, which have been combined by the county. Such
water and sewer revenue bonds may also be issued for
the purposes of the construction, acquisition or improvement of such combined system , or any part thereof, and
the refunding of any outstanding bonds or obligations
Ch. 153
WATER AND SEWER SYSTEMS
theretofore issued to finance the cost of such combined
system or any part thereof.
(2) In the event that the water supply system or water system improvements and sewage disposal systems
and sewer improvements are combined into one water
and sewer system all of the provisions of this chapter relating to water supply systems or water system improvements and sewage disposal systems and sewer improvements and water revenue bonds and sewer revenue bonds shall apply to such combined systems and
water and sewer revenue bonds to the extent the same
are applicable.
History.- s. 8, ch. 67-547.
153.10 Call for bids.(1) As soon as practicable after the authorization of
bonds under the provisions of this chapter or the appropnatlon of moneys for the construction of water system
Improvements or sewer improvements, the commission
shall publish once , in a newspaper published in the
county, and , if the estimated cost exceeds $10,000, in
a newspaper of general circulation in the state , a notice
calling for sealed bids to be received by the commission
on a date not earlier than 15 days from the first publication , for the construction of the work .
(2) The notice shall refer in general terms to the extent and nature of the improvement or improvements
and may identify the same by the short designation indicated in the initial resolution and by reference to the
plans and specifications on file. If the initial resolution
shaU have given two or more alternative descriptions of
the Improvement as to its material, nature, character
and size, and if the commission shall not have theretofore determined upon a definite description, the notice
shall call for bids upon each of such descriptions.
(3) Bids may be requested for the work as a whole
or for any part thereof separately and bids may be asked
for any one or more improvements authorized by the
same or different resolutions , but any bid covering work
upon more than one improvement shall be in such form
as to permit a separation of cost as to each improvement.
(4) The notice shall require bidders to file with their
bids either a certified check upon an incorporated bank
or trust company for 2.5 percent of the amount of their
respective bids or a bid bond in like amount with corporate surety satisfactory to the attorney for the county to
insure the execution of a contract to carry out the work
in accordance with such plans and specifications and to
insure the filing , at the making of such contract, of a
bond 1n the amount of the contract price with corporate
suret1es satisfactory to such attorney conditioned for the
performance of the work in accordance with such contract.
(5) The commission shall have the right to reject any
and all bids , and if all bids are rejected the commission
may readvertise .
History.-s. 10, ch. 29837, 1955; s. 2, ch. 57-774.
153.11 Water service charges and sewer service
charges; revenues.(1 )(a) The county commission shall in the resolution
providing for the issuance of either water revenue bonds
or sewer revenue bonds , or both , fi x the initial schedule
F.S. 1987
of rates , fees and other charges for the use of and for
the services furnished or to be furnished by the facilities ,
to be pa1d by the owner, tenant or occupant of each lot
or parcel of land which may be connected with and use
any such facility by or through any part of the water system of the county.
(b) After the system or systems shall have been in
operation the county commission may revise such
schedule of rates , fees and charges from time to time.
Such rates, fees and charges shall be so fixed and revised as to provide funds, with other funds available for
such purposes , sufficient at all times to pay the cost of
maintaining, repairing and operating the system or systems including the reserves for such purposes and for
replacements and depreciation and necessary extenSions, to pay the principal of and the interest on the water revenue bonds and/or sewer revenue bonds as the
same shall become due and the reserves therefor and
to provide a margin of safety for making such paym~nts .
The county commission shall charge and collect the
rates , fees and charges so fixed or revised and such
rates , fees and charges shall not be subject to superviSIOn or regulation by any other commission, board, bureau or agency of the county or of the state or of any sanItary d1stnct or other political subdivision of the state.
(c) Such rates , fees and charges shall be just and
equitable and may be based or computed upon the
quantity of water consumed andjor upon the number
and size of sewer connections or upon the number and
k1nd of plumbing fi xtures in use in the premises connected with the sewer system or upon the number or average number of persons residing or working in or otherwise connected with such premises or upon any other
factor affecting the use of the facilities furnished or upon
any combination of the foregoing factors .
(d) In cases where the amount of water furnished to
any building or premises is such that it imposes an unreasonable burden upon the water supply system an additional charge may be made therefor or the county commission may if it deems advisable compel the owners or
occupants of such building or premises to reduce the
amount of water consumed thereon in a manner to be
specified by the county commission or the county comm1ss1on may refuse to furnish water to such building or
prem1ses .
(e) In cases where the character of the sewage from
any manufacturing or industrial plant or any building or
premises is such that it imposes an unreasonable burden upon any sewage disposal system, an additional
charge may be made therefor , or the county commission
may, if it deems it advisable , compel such manufacturing or industrial plant or such building or premises to
treat such sewage in such manner as shall be specified
by the county commission before discharging such sewage into any sewer lines owned or maintained by the
county .
(2) The county commission may charge any owner
or occupant of any building or premise receiving the serv1ces of the facilities herein provided such initial installation or connection charge or fee as the commission may
determine to be just and reasonable.
(3)(a) No rates , fees or charges shall be fixed under
the foregoing provisions of this section until after a pub-
782
F.S. 1987
WATER AND SEWER SYSTEMS
lie hearing at which all of the users of the facilities provided by this chapter and owners , tenants and occupants
of property served or to be served thereby and all others
interested shall have an opportunity to be heard concerning the proposed rates, fees and charges . After the
adoption by the county commission of a resolution setting forth the preliminary schedule or schedules fixing
and classifying such rates , fees and charges , notice of
such public hearing setting forth the schedule or schedules of rates, fees and charges shall be given by one
publication in a newspaper published in the county at
least 10 days before the date fixed in said notice for the
hearing , which said hearing may be adjourned from time
to time. After such hearing such preliminary schedule or
schedules , either as originally adopted or as modified or
amended, shall be adopted and put into effect and
thereupon the resolution providing for the issuance of
water revenue bonds andjor sewer revenue bonds may
be finally adopted.
(b) A copy of the schedule or schedules of such
rates , fees and charges finally fixed in such resolution
shall be kept on file in the office of the clerk of the circuit
court in the county and shall be open to inspection by
all parties interested . The rates , fees or charges so fixed
for any class of users or property served shall be extended to cover any additional property thereafter served
which fall within the same class without the necessity of
any hearing or notice.
(c) Any change or revision of any rates , fees or
charges may be made in the same manner as such
rates , fees or charges were originally established as
hereinabove provided , but if such change or revision be
made substantially pro rata as to all classes of service
no notice or hearing shall be required.
to the premises , and that if the amount of such charges
so included shall not be paid within 30 days from the rendition of any bill , the county commission shall discontinue furnishing water to such premises and shall disconnect the same from the water supply system of the
county. Any such resolution may include any or all of the
following provisions , and may permit the county commission to adopt such resolution or take such other lawful action as shall be necessary to effectuate such provisions , and the county commission is hereby authorized
to adopt such resolutions and to take such other action :
(a) That the county may require the owner, tenant or
occupant of each lot or parcel of land within the county
who is obligated to pay the rates , fees or charges for the
services furnished by any facility purchased , constructed or reconstructed by the county under the provisions
of this chapter to make a reasonable deposit with the
county commission in advance to insure the payment of
such rates , fees or charges and to be subject to application to and payment thereof if and when delinquent.
(b) That if any rates , fees or charges for the use and
services of any sewage disposal system or sewer improvements by or in connection with any premises not
served by the waterworks system of the county shall not
be paid within 30 days after the same shall become due
and payable , the owner , tenant or occupant of such
premises shall cease to dispose of sewage or industrial
waste originating from or on said premises by discharge
thereof directly or indirectly into the sewer system of the
county until such rates, fees or charges with interest,
shall be paid; that if such owner, tenant or occupant
shall not cease such disposal at the expiration of such
30-day period it shall be the duty of any district, private
corporation, board , body or person supplying water to
or selling water for use on such premises to cease supplying water to or selling water for the use on such premises within 5 days after the receipt of notice of such delinquency from the county; and that if such district, private corporation, board , body or person shall not, at the
expiration of such 5-day period, cease supplying water
to or selling water for use on such premises , then the
county may, unless it has theretofore contracted to the
contrary, shut off the supply of water to such premises.
History.-s . 11 , ch. 29837, 1955.
153.12 Collection of charges.(1) Upon the construction of a sewage disposal system and the financing of such construction by the issuance of sewer revenue bonds under the provisions of
this chapter, the owner, tenant or occupant of each lot
or parcel of land within the county which abuts upon a
street or other public way containing a sanitary sewer
served or which may be served by such disposal system
and upon which lot or parcel a building shall have been
constructed for residential or commercial use and which
lot or parcel shall not already be served by, or have available to it for service, a sanitary sewer, shall , if so required by the rules and regulations of the county commission or by resolution thereof, connect such building
with such sanitary sewer and shall cease to use any other method for the disposal of sewage, sewage waste or
other polluting matter. All such connections shall be
made in accordance with rules and regulations which
shall be adopted from time to time by the county commission .
(2) The county commission may provide in the resolution authorizing the issuance of water revenue bonds
or sewer revenue bonds under the provisions of this
chapter that the charges for the services furnished by
any facility constructed or reconstructed by the county
under the provisions of this chapter shall be included in
single bills to be rendered for all the services furnished
Ch. 153
History.-s. 12, ch. 29837, 1955.
153.13 Application of revenues.(1) All revenues derived from any water supply system , water system improvement, sewage disposal system or sewer improvements for either of which a single
issue of water revenue bonds or sewer revenue bonds
shall be issued, except such part thereof as may be required to pay the cost of maintaining , repairing and operating such system or systems and to provide reserves
therefor as may be provided in the resolution authorizing
the issuance of such water revenue bonds or sewer revenue bonds, shall be set aside at such regular intervals
as may be provided in such resolution and deposited for
the credit of the following separate funds for the following purposes :
(a) Sinking fund for the payment of interest on and
the principal of such water revenue bonds andjor sewer
revenue bonds as the same shall become due, necessary charges of paying agents for paying such interest
783
Ch. 153
WATER AND SEWER SYSTEMS
and principal , and any premium upon bonds retired by
call or purchase before their maturity or respective maturities , including the accumulation of reserves for such
purposes ; and
(b) A fund for anticipated renewals and replacements and extraordinary repairs .
(2) The use and disposition of moneys to the credit
of such sinking fund shall be subject to such regulations
as may be provided in the resolution authorizing the issuance of the water revenue bonds and/or sewer revenue bonds and , except as may otherwise be provided
in such resolution , such sinking fund shall be a fund for
the benefit of all bonds without distinction or priority of
one over the other.
(3) The county commission shall at the close of each
fiscal year make or cause to be made a comprehensive
report of its operations of the water supply system or
systems and sewage disposal system or systems under
its control during the preceding fiscal year , including all
matters relating to rates , revenues , expenses for maintenance, repair and operation and of replacements and extensions , principal and interest retirements and the status of all funds , and there shall be set forth in such report
the budget recommended by the commission for the
current fiscal year. A copy of such annual report shall be
filed with the clerk of the circuit court in the county and
shall be open to the inspection of all interested persons.
Any surplus of the gross revenues remaining at the end
of any fiscal year after making the required deposits for
the credit of the separate funds set forth above , and not
appropriated in the budget for the then current fiscal
year , shall be paid into the sinking fund.
History.-s. 13, ch. 29837, 1955.
153.14 Trust funds.-AII moneys received pursuant
to the authority of this chapter shall be deemed to be
trust funds, to be held and applied solely as provided in
this chapter. The resolution authorizing the issuance of
bonds shall provide that any officer to whom, or any
bank , trust company or other fiscal agent to which such
moneys shall be paid shall act as trustee of such moneys and shall hold and apply the same for the purposes
hereof, subject to such regulations as this chapter and
such resolution may provide .
History.-s. 14, ch. 29837, 1955.
153.15 Remedies.-Any holder of bonds issued under the provisions of this chapter or any of the coupons
appertaining thereto , except to the extent the rights
herein given may be restricted by the resolution authorizing the issuance of such bonds , may, either at law or
in equity, by suit , mandamus or other proceeding , protect and enforce any and all rights under the laws of Florida or granted hereunder or under such resolution , and
may enforce and compel the performance of all duties
required by this chapter or by such resolution to be performed by the county or by the county commission , including the fixing , charging and collecting of rates , fees
and charges for services and facil ities furnished by the
water supply system , water system improvement, sewage disposal system or sewer improvements and the
levying and collecting of any special assessments.
History.-s. 15, ch . 29837, 1955.
F.S. 1987
153.16 Water revenue refunding bonds.- The
county commission is hereby authorized to provide by
resolution for the issuance of water revenue refunding
bonds of the county for the purpose of refunding any water revenue bonds then outstanding and issued under
the provisions of this chapter. The county commission
is further authorized to provide by resolution for the issuance of water revenue bonds of the county for combined
purposes :
(1) Paying the cost of any extension , addition or reconstruction of a water supply system or systems or water system improvements or the cost of a new water supply system or systems or water system improvements;
and
(2) Refund ing such water revenue bonds of the
county which shall theretofore have been issued under
the provisions of this chapter and shall then be outstanding and which then shall have matured or be subject to redemption or can be acquired for retirement. The
issuance of such bonds , the maturities and other details
thereof, the rights and remedies of holders thereof, and
the rights , powers , privileges , duties and obligations of
the county or of the county commission with respect to
the same shall be governed by the foregoing provisions
of this chapter insofar as the same may be applicable.
History.- s. 16, ch. 29837 , 1955.
153.17 Sewer revenue refunding bonds.- The
county commission is hereby authorized to provide by
resolution for the issuance of sewer revenue refunding
bonds of the county for the purpose of refunding any
sewer revenue bonds then outstanding and issued under the provisions of this chapter. The county commission is further authorized to provide by resolution for the
issuance of sewer revenue bonds of the county for the
combined purposes of:
(1) Paying the cost of any extension , addition or reconstruction of a sewage disposal system or systems or
sewer improvements or the cost of a new sewage disposal system or systems or sewer improvements; and
(2) Refunding such sewer revenue bonds of the
county which shall theretofore have been issued under
the provisions of this chapter and shall then be outstanding and which then shall have matured or be subject to redemption or can be acquired for retirement. The
issuance of such bonds , the maturities and other details
thereof, the rights and remedies of holders thereof , and
the rights , powers , privileges , duties and obligations of
the county or of the county commission with respect to
the same shall be governed by the foregoing provisions
of this chapter insofar as the same may be applicable.
History.-s. 17, ch . 29837, 1955.
153.18 Exemption of property from taxation.-As
proper facilities for the furnishing of water for human
consumption and fire protection and proper facilities for
the treatment , purification and disposal of sewage are
essential for the health of the inhabitants of the county
and for its industrial and commercial development, and
as the exercise of the powers conferred by this chapter
to effect such purposes constitutes the performance of
essential county functions , and is hereby declared to be
a county purpose , and as the facilities constructed under the provisions of this chapter, constitute public
784
F.S. 1987
WATER AND SEWER SYSTEMS
Call election to determine creation of district,
issuance of bonds.
153.57 Ballots and election officials.
153.58 Election results; resolution of commission; publication of notice of estoppel.
153.59 Circuit court, jurisdiction.
153.60 County commissioners ex officio governing
board.
153.61 Expenses of election , etc.
153.62 District board; powers .
153.63 Revenue bonds ; issuance, etc.
153.64 Schedule of rates and fees .
153.65 Trust funds; trustees.
153.66 Covenants of district board with bondholders.
153.67 Unpaid fees to constitute lien.
153.68 General obligation bonds, election; issuance,
tax levy.
153.69 County property appraiser ex officio tax assessor for district.
153.70 Provisions of s. 153.63 applicable to general
obligation bonds.
153.71 Publication of notice of issuance of bonds.
153.72 Bonds; qualities of negotiable instruments ;
rights of holders.
153.73 Assessable improvements; levy and payment
of special assessments.
153.74 Issuance of certificates of indebtedness based
on assessments for assessable improvements.
153.75 Annual reports of district board.
153.76 Exemption from taxation .
153.77 District bonds as securities for public bodies.
153.78 Bonds as payment for services .
153.79 Contracts for construction of improvements,
sealed bids.
153.80 Consolidation of systems.
153.81 Ad valorem maintenance tax.
153.82 Handling of taxes and special assessments,
district treasurer.
153.83 Free water and sewer services prohibited.
153.84 Contracts enforceable by bondholders.
153.85 Conveyance of property without consideration.
153.86 District approval of construction of water and
sewage facilities.
153.87 Mortgage or sale by board of district property
prohibited; rights of bondholders protected .
153.88 Construction of law.
property and are used for county purposes, the county
shall not be required to pay any taxes or assessments
upon any such facilities or any part thereof.
153.56
History.-s. 18, ch . 29837, 1955.
153.19 Private water supplies.-No jurisdiction
hereunder shall be exercised by the board of county
commissioners over any privately owned industrial water supply system or the disposition of industrial or manufacturing wastes nor shall any rule or regulation be
adopted or suit instituted or prosecuted hereunder designed or intended to control or regulate the same , unless one of the following conditions exists
(1) That prior to the utilization of any waters for the
disposition of industrial or manufacturing waste, such
waters were being used as a source of, or as a part of
a water supply system under this chapter, or
(2) In the case of an industrial or manufacturing
plant that is connected with and using any facility
authorized by this chapter; but any such rule , regulation
or suit shall be limited to the particular waters or the particular industrial or manufacturing plant affected by one
of the above conditions; provided, however, this shall
not restrain or prevent the Department of Health and Rehabilitative Services in anywise from instituting a suit or
taking other action in event said plant or manufacturing
company shall pollute the waters in the state as defined
ins. 387 08
History.-s. 19, ch. 29837, 1955; ss. 19, 35, ch. 69-106; s. 28, ch . 77- 147.
153.20 Alternative method.(1) This chapter shall be deemed to provide an additional and alternative method for the doing of the things
authorized hereby and shall be regarded as supplemental and additional to the powers conferred upon the commission by other laws, and shall not be regarded as in
derogation of any powers now existing . This chapter being necessary for the welfare of the inhabitants of the
several counties of the state shall be liberally construed
to effect the purposes thereof.
(2) This chapter shall not repeal any local or special
act or law conferring upon any of the several counties
or county commissions the powers and duties or any of
them imposed hereby, but it shall be deemed to be an
alternative or additional method for such counties or
county commissions to effect the purposes of this chapter.
History.-ss. 20, 22, ch . 29837, 1955.
PART II
153.50 Short title.- This law may be known and cited as the "County Water and Sewer District Law."
COUNTY WATER AND
SEWER DISTRICTS
153.50
153.51
153.52
153.53
153.54
153.55
Ch. 153
History.-s. 1, ch . 59-466.
Short title.
Legislative intent.
Definitions.
Establishment of districts in unincorporated areas.
Preliminary report by county commissioners
with respect to creation of proposed district.
Public hearing upon report of county commissioners and creation of district; findings of
board of county commissioners.
153.51 Legislative intent.-lt is declared as a matter of legislative determination that the extensive growth
of population and attendant industry and commerce
throughout the state has given rise to public health and
water supply problems of statewide concern, in that
many unincorporated areas of the counties of the state
are not served by water and sewer facilities normally
and generally provided and maintained by the municipalities of the state or their agencies or instrumentalities
or by private corporations or persons and are not otherwise adequately provided for; that many of such unin-
785
Ch. 153
WATER AND SEWER SYSTEMS
corporated areas are in extreme need of such sewage
disposal and water supply facilities , and that it is the intent and purpose of this law to provide means for the
counties of the state to alleviate such conditions in such
unincorporated areas.
History.-s. 2, ch . 59-466.
153.52 Definitions.-As used in this law, the following words and terms shall have the following meanings,
unless some other meaning is plainly intended:
(1) "District" shall mean any unincorporated contiguous area comprising part but not all of the area of any
county created into and existing as a water and sewer
district pursuant and subject to this law, having the
rights, powers and privileges granted in this law.
(2) "Board of county commissioners" shall mean the
board of county commissioners of the county in which
a district created pursuant to this law is located .
(3) "District board" shall mean the board of county
commissioners of any county constituting the governing
body of any district as provided for in this law, and acting for and on behalf of such district as a body corporate
and politic.
(4) "Sewer system" shall mean and shall include any
plant, system , facility or property and additions , extensions and improvements thereto at any future time constructed or acquired as part thereof, useful or necessary
or having the present capacity for future use in connection with the collection , treatment , purification or disposal of sewage of any nature or originating from any
source , including industrial wastes resulting from any
processes of industry, manufacture, trade or business
or from the development of any natural resources ; and
without limiting the generality of the foregoing definition
shall embrace treatment plants, pumping stations , lift
stations, valves , force mains, intercepting sewers , laterals, pressure lines, mains and all necessary appurtenances and equipment, all sewer mains and laterals for
the reception and collection of sewage from premises
connected therewith , and shall include all real and personal property and any interest therein , rights , easements and franchises of any nature whatsoever relating
to any such system and necessary or convenient for the
operation thereof.
(5) "Water system" shall mean and include any plant ,
system , facility or property and additions , extensions
and improvements thereto at any future time constructed or acquired as part thereof, useful or necessary or
having the present capacity for future use in connection
with the development of sources , treatment or purification and distribution of water for domestic or industrial
use and, without limiting the generality of the foregoing,
shall include dams, reservoirs, storage tanks, mains,
lines, valves, pumping stations , laterals, and pipes for
the purpose of carrying water to the premises connected with such system and shall include all real and personal property and any interests therein, rights , easements and franchises of any nature whatsoever relating
to any such system and necessary or convenient for the
operation thereof.
(6) "Cost" as applied to the acquisition and construction of a water system or a sewer system or extensions,
additions or improvements thereto shall include the cost
F.S. 1987
of construction or reconstruction, acquisition or purchase , the cost of all labor, materials, machinery and
equipment, cost of all lands and interest therein , property, rights , easements and franchises of any nature whatsoever, financing charges, interest prior to and during
construction and for not more than 2 years after completion of the construction or acquisition of such water system or sewer system or extensions, additions or improvements thereto , the creation of initial reserve or
debt service funds , bond discount, cost of plans and
specifications, surveys and estimates of costs and revenues, cost of engineering, financial and legal services,
and all other expenses necessary or incidental in determining the feasibility or practicability of such construction , reconstruction or acquisition , administrative expenses and such other expenses as may be necessary
or incidental to financing authorized by this law, and including reimbursement of the county or any other person, firm or corporation for any moneys advanced to a .
district for any expenses incurred by a district or county
in connection with any of the foregoing items of cost , or
the creation of such district.
(7) "Assessable improvements" shall mean that portion or portions of a sewer system or a water system of
a local nature and of benefit to the premises or lands
served thereby and particularly , without limiting the generality of the foregoing , with reference to a sewer system , shall include, without being limited to, laterals and
mains for the collection and reception of sewage from
premises connected therewith , local or auxiliary pumping or lift stations , treatment plants or disposal plants,
and other appurtenant facilities and equipment for the
collection, treatment and disposal of sewage; and with
reference to a water system shall include such mains
and laterals and other distribution facilities, pumping
stations , and sources of supply as are of benefit to the
property served by such water system together with incidental equipment and appurtenances necessary
therefor.
(8) "District clerk" shall mean the clerk of the circuit
court and ex officio clerk of the board of county commissioners in and for any county having or establishing a
district pursuant to this law, who shall be clerk and treasurer of the district.
(9) "Revenue bonds" shall mean bonds or other obligations secured by and payable from the revenues derived from rates, fees and charges collected by a district
from the users of the facilities of any water system or
sewer system , or both , and which may be additionally
secured by a pledge of the proceeds of special assessments levied against benefited property or by a pledge
of the full faith and credit of the district, or both.
(10) "General obligation bonds" shall mean bonds or
other obligations secured by the full faith and credit and
taxing power of the district and payable from ad valorem
taxes levied and collected on all taxable property in the
district, without limitation of rate or amount, and may be
additionally secured by the pledge of either or both the
proceeds of special assessments levied against benefited property , or revenues derived from said water system
or sewer system, or both.
(11) "Assessment bonds" shall mean bonds or other
obligations secured by and payable from special as-
786
F.S. 1987
Ch. 153
WATER AND SEWER SYSTEMS
sessments levied against benefited lands, and which
may be additionally secured by a pledge of the full faith
and credit of the district.
the proposed district and shall set out in said notice the
qualifications of candidates to qualify by petition for
election to said office. The board of county commissioners shall cause to be printed on the ballot for said district
referendum the names of any persons qualified as candidates for the office of member of the board of commissioners of the district who have filed with the board of
county commissioners a petition signed by not less than
the owners of 10 percent of the property within the district. The candidate 's petition shall be filed with the
board of county commissioners not less than 14 days
prior to said election with a qualifying fee in the amount
of $25 payable to the board of county commissioners .
Said fee shall be used to defray the expense of the election. Should the qualifying fees exceed the cost of the
election , the surplus shall be transferred into the general
operating fund of the water and sewer district if it be established or if it be rejected then said surplus shall be
transferred to the general county operating fund .
(b) The supervisor of elections shall assist the board
of county commissioners in preparing a list of eligible
electors from a list of property owners within the proposed district to be furnished by the property appraiser,
and said supervisor shall further assist the board of
county commissioners with such other administrative
matters pertaining to the conduct of the election as the
county commission deems appropriate.
(c) The ballot to be used at said election shall be in
substantially the following form :
History.-s. 3, ch. 59-466.
153.53 Establishment of districts in unincorporated
areas.(1) Subject to this law, the board of county commissioners of any county may establish one or more districts as it shall in its discretion determine to be necessary in the public interest. Any such district shall consist
of only unincorporated contiguous areas of such county,
comprising part but not all of the areas of such county.
As used herein , "unincorporated areas" shall mean all
lands outside of the incorporated boundaries of towns ,
cities , or other municipalities of the state whether existing under the general law or special act and shall include
any lands, areas , or property within the district of any
special tax districts, school district, or any other public
corporations or bodies politic of any nature whatsoever,
except municipalities.
(2)(a) As an alternative method of establishing a water and sewer system district, a petition signed by persons owning not less than 10 percent of the property
within the boundaries of the proposed district may be
filed with the property appraiser of the county in which
said district is to be located .
(b) Said petition shall describe the territory to be included in said proposed district, the name of the district
if there is one , and the general purpose for which the district is being established , as set out in ss . 153.51 and
153.52.
(c) Said petition shall request the board of county
commissioners to call and provide for a referendum election to determine whether such district shall be created
and further call for an election of the first board of commissioners for said district.
(d) Within 30 days after the petition is received by
the property appraiser, said property appraiser shall determine whether such petition has been duly signed by
the requisite number of property owners within the
boundaries of the proposed district. If there is a sufficient number of valid signatures, the property appraiser
shall forthwith deliver said petition to the board of county commissioners who shall within 60 days hold an election to determine if the district shall be created. The
board of county commissioners shall have notice of such
election published once a week for 4 successive weeks
in a newspaper of general circulation within the area of
the proposed district. Said notice shall describe the purpose for which the district is to be established and the
territory proposed to be included in the said district. If
there is no such newspaper, then notice may be posted
on the courthouse door and in five conspicuous places
within the proposed district.
(3)(a) At the same time the board of county commissioners receives from the property appraiser a petition
and fixes the date for an election to determine if a district
shall be established, said board of county commissioners may also call an election for three persons to serve
as commissioners of the proposed district. The county
commissioners shall also advertise in the same manner
that an election is to be held for three commissioners of
OFFICIAL BALLOT
_
_
WATER AND SEWER DISTRICT
COUNTY, FLORIDA
SPECIAL ELECTION
r1nsert datel
1. Shall __ Water and Sewer District __ County,
Florida, be created?
Yes
No
2. Make a cross mark (x) before the names of the candidates of your choice .
FOR COMMISSIONERS OF
WATER AND SEWER DISTRICT
VOTE FOR THREE
WRITE-IN VOTES
Blank lines shall be placed on the ballot so that the name
of any person who did not file a petition and who is otherwise qualified may be written in, in the form of an irregular or write-in vote. The inspectors and clerks for said
election shall be appointed by the board of county commissioners. The ballots shall be furnished by the board
of county commissioners . The board of county commissioners shall designate an appropriate polling place or
polling places where said election shall be held. The inspectors and clerks shall make returns to the board of
county commissioners and said board of county commissioners shall canvass said election returns and de-
787
Ch. 153
WATER AND SEWER SYSTEMS
clare the results thereof at a meeting to be held as soon
as practical after said election.
(d) Said district shall be established upon a favorable vote in person or by proxy of the owners of 50 percent or more of the property within the district, and the
three persons receiving the highest number of votes
cast for candidates shall be elected commissioners of
the district until their successors are elected. Upon expiration of 20 days after the declaration of the result of said
election by the board of county commissioners, such
declaration of the results shall be regarded for all purposes as conclusive .
(e) At said election only persons owning property
within the district shall be qualified to vote. Such vote
shall be in person or by proxy . No proxy shall be effective unless acknowledged by a notary public . If the
board of county commissioners shall find and determine
that the result of said election is adverse to the proposition of creating a district no other election for the same
purpose shall be held within 1 year thereafter.
(f) If a requisite number of votes at such special
election shall favor the creation of such a district, then
said board of county commissioners shall enter an order
constituting the territory in which said special election
was held as a district with all the powers granted to water and sewer districts under the provisions of chapter
153.
(g) Commissioners of said district shall be the owners of property within said district who are registered
electors in some county in the state, at least one of
whom shall reside in the county or adjoining county.
(4) Beginning with the next general election following the creation of the district, and in the general election each 4 years thereafter, the said district commissioners shall qualify by petition and be elected by the
property owners of the district. The three persons receiving the highest number of votes cast in the general
election shall serve 4 years and shall take office at the
same time as do other county officers , on the first Tuesday after the first Monday in January next after their
election , and serve on the same cycle as do other constitutional county officers.
(5) In the event of a vacancy due to any cause in any
board of commissioners , the same shall be filled by appointment by a majority of the members of the board of
county commissioners for the unexpired term .
(6)(a) As soon as practicable after such district commissioners have been elected and have qualified, they
shall meet and organize by election from among their
number a chairman, a secretary, and a treasurer. The
secretary need not be a commissioner . Two members
of the board shall constitute a quorum . The vote of two
members shall be necessary to transact business.
(b) Each commissioner, before he assumes office ,
shall be required to give the Governor a good and sufficient surety bond in the sum of $2,000, the cost thereof
being borne by the district, conditioned on the faithful
performance of the duties of his office, said bond to be
approved and filed in the same manner as is that of the
board of county commissioners. The failure of any person to make and file this bond within 10 days after his
election shall create a vacancy on said board.
F.S. 1987
(7) The powers and duties of the commissioners
shall be the same as those of county commissioners supervising districts as provided for under subsection (1 ).
(8) Members of the board of commissioners shall
each be paid $5 a day for each day's service ; provided
the per diem compensation shall not exceed the sum of
$300 for each commissioner during any one year . Said
members shall be reimbursed for traveling expenses incurred in the performance of their duties as provided in
s. 112.061. All boards of commissioners shall hold regular monthly meetings, and special meetings as needed ,
in the courthouse or in an appropriate place within the
district.
(9) The owners of not less than 50 percent of the
property within any proposed or established water and
sewer district may at any time petition for a referendum
calling for any two or more of said districts which are
contiguous to be combined and be supervised by a single board elected as hereinabove described. However,
if the board of county commissioners shall deem such
a combination to be reasonably necessary for the purpose of providing the improvements authorized by this
chapter, it may approve same, subject to referendum requirements, notwithstanding that the territories to be
combined and included in the new district are not contiguous . Said referendum shall be conducted in substantially the same manner as a referendum to create a
single district.
(1 0) All projects in any district created pursuant to
this section as amended by chapter 70-433, Laws of
Florida, affecting lakes, streams , or navigable waters
shall conform to the provisions of chapter 253.
History.-s. 4, ch. 59-466; ss. 1, 2, ch. 70-433; s. 1, ch. 76-148; s. 1, ch. 77-102.
153.54 Preliminary report by county commissioners with respect to creation of proposed districtUpon receipt of a petition duly signed by not less than
25 qualified electors who are also freeholders residing
within an area proposed to be incorporated into a water
and sewer district pursuant to this law and describing
in general terms the proposed boundaries of such proposed district, the board of county commissioners if it
shall deem it necessary and advisable to create and establish such proposed district for the purpose of constructing, establishing or acquiring a water system or a
sewer system or both in and for such district (herein called "improvements"), shall first cause a preliminary report
to be made which such report together with any other
relevant or pertinent matters, shall include at least the
following :
(1) A general description of the proposed improvements to be made in such district.
(2) A general estimate of the cost of the proposed
improvements.
(3) The present condition of water and sewer facilities in the area comprising such proposed district.
(4) Findings with respect to the necessity or reasonableness of the inclusion of lands proposed to be included within the district with reference to the benefits to be
derived or able to be derived by such included lands
from such proposed improvements, and the necessity
or reasonableness of the exclusion of lands adjacent to
788
F.S. 1987
WATER AND SEWER SYSTEMS
or within such proposed district with reference to such
benefits.
same time , to the qualified electors who are freeholders
residing in such district, the question of the issuance of
general obligation bonds of said district to pay all or part
of the cost of the proposed improvements. Said election
shall be held not less than 30 days from the date of the
first publication or posting of the notice thereof and such
notice shall be published once a week for 4 successive
weeks in a newspaper published in the county and circulating in the area of the proposed district, and if no
such newspaper be published in the county and circulating in the district, such notice shall be posted in at
least 10 different public places within the district.
(2) Except as otherwise provided in this law, said
election shall be held and conducted pursuant to the
general laws of the state applicable thereto, provided,
that if the question of the issuance of general obligation
bonds is to be voted upon , the election thereon shall
conform to the applicable provisions of the constitution
and statutes of Florida relating to freeholder elections.
(3) Said call for election of the qualified electors and
notice thereof shall include a description of the proposed boundaries of said district, which need not be by
metes and bounds but shall be in such detail as to give
a reasonable and accurate description thereof and shall
further specifically recite that said district, if created,
shall be authorized :
(a) To construct or acquire a sewer system or water
system or both for said district and any improvements,
additions and extensions thereto and to have exclusive
control and jurisdiction thereof;
(b) To finance the cost of such construction or acquisition of such improvements by the issuance of either its
revenue bonds, general obligation bonds or assessment
bonds , as defined in this law, or any combination thereof;
(c) Said notice shall further expressly state that
such district, if created and established , shall constitute
a special tax district, all the property within which shall
be subject to the levy of ad valorem taxes without limitation of rate or amount to secure payment of any of its
general obligations , and for the maintenance of such
district within the limitations of this law.
(4) The notice of the separate election of the qualified freeholder electors, if held at the same time , shall
be in substantially the form provided in the applicable
statutes of Florida relating to freeholder elections.
Such report shall be filed in the office of the clerk of the
circuit court and shall be open for the inspection of any
taxpayer, property owner, qualified elector or any other
interested or affected person.
History.-s. 5, ch. 59-466.
153.55 Public hearing upon report of county commissioners and creation of district; findings of board of
county commissioners.(1) Upon submission of any such report the board of
county commissioners shall hold a public hearing upon
such report and the question of the creation of such district , giving at least 20 days ' notice of such hearing by
advertisement in a newspaper published in the county
and circulating in the area of the proposed district or by
posting as provided in s. 153.56 if no such newspaper
be published.
(2) At such hearing any taxpayer, property owner,
qualified elector or other interested or affected person
may make written objections to the creation of such proposed district or the exclusion of any lands therefrom ,
or the inclusion of any lands therein , the desirability or
the feasibility of such proposed improvements or to any
other matter, which objections, if any, together with any
evidence submitted therewith shall be given full and
open consideration by the board of county commissioners.
(3) If upon due consideration of such preliminary report, any such objections and any other pertinent matters , such board of county commissioners shall be satisfied that the construction and acquisition of said improvements is feasible and desirable and of benefit to
all the lands included in such proposed district or that
certain lands shall be included or excluded, and that the
creation of said district is necessary in the public interest, it shall so determine and record such findings and
determination, together with an accurate description of
the proposed boundaries of the proposed district and
the proposed corporate name of such district, by resolution duly adopted.
(4) If the board of county commissioners shall after
such hearing deem the creation of such proposed district inadvisable and not in the public interest, it shall
make such a finding and determination and no further
proceedings shall be taken for the creation of the proposed district under such petition; provided , however,
that such finding and determination shall not be deemed
to bar the creation of any proposed district at any future
time in the manner provided in this law upon the filing
of a new petition therefor as provided in this law.
History.-s 6, ch. 59-466.
153.56 Call election to determine creation of district, issuance of bonds.(1) If the board of county commissioners shall deem
that the creation of the proposed district is necessary
in the public interest as provided ins. 153.55, it shall call
an election for the purpose of submitting to the qualified
electors residing in said proposed district the question
of the creation and establishment of said district and
may also submit at a separate election to be held at the
Ch. 153
Such elections may be held at any time, including the
dates upon which general or primary elections are held
in such county.
History.-s. 7, ch. 59-466.
153.57 Ballots and election officials.- The inspectors and clerks for said election or elections shall be appointed by and the ballots to be voted shall be prepared
and furnished by the board of county commissioners ,
which shall designate the polling place or places at
which such election or elections shall be held. The inspectors and clerks shall make returns to the board of
county commissioners.
History.-s. 8, ch. 59-466.
153.58 Election results; resolution of commission;
publication of notice of estoppel.-
789
Ch. 153
WATER AND SEWER SYSTEMS
(1) Immediately after any such election or elections
the board of county commissioners shall hold a meeting
and shall canvass the votes cast at said election or elections and declare the results thereof by resolution.
(a) If a majority of the qualified electors who vote in
said election on the creation of such district shall vote
in favor of creation of said district the board of county
commissioners shall by resolution declare the district
duly created, and forthwith cause an estoppel notice to
be published one time in a newspaper published in the
county and circulating in the district, or if there be no
such newspaper, posted in at least 10 public places in
the district. Said notice shall recite the due creation of
said district pursuant to this law and the affirmative vote
of the majority of the qualified electors voting thereon at
said election duly called and held; and shall further recite the substance of the provisions of said notice of
election set forth ins. 153.56 and that all of the proceedings had and actions taken in the creation of said district, the holding of said election and an accurate description of said district are on file in the office of the
clerk of the circuit court open to public inspection, and
shall state that any action or proceeding of any kind or
nature questioning the validity of the creation and establishment of said district, including but not limited to, the
exclusion or inclusion of lands therein, or other pertinent
matters, shall be commenced within 20 days after the
first publication of such notice in the circuit court in and
for the county . If no such action or proceeding shall be
commenced or instituted within 20 days after the first
publication or posting of such notice, then all taxpayers ,
property owners or persons residing within said district
or any other interested parties , public , private or corporate within the county and all the persons whatsoever
shall be forever barred and foreclosed from instituting or
commencing any action or proceedings which question
the validity of the creation and establishment of said district and the boundaries thereof.
(b) If a majority of the qualified freeholder electors residing in the district shall participate in the separate
freeholder election on the question of the issuance of
general obligation bonds, in the event a separate freeholders election is held at the same time as the election
on the creation of the district, and a majority of such
qualified freeholder electors shall vote in favor of the issuance of such general obligation bonds then such general obligation bonds shall be deemed approved , but
shall not be issued unless the district shall be duly created at the election of the qualified electors referred to
above.
(2) If the qualified electors who vote in said election
on the creation of such district shall vote against the creation of such proposed district, a new petition pertaining
to any part of the same area just considered by the
board of county commissioners shall not be acted upon
by the board of county commissioners until after the expiration of 9 months from the date of the election defeating the creation of said proposed district, even though
such new petition shall have been filed by petitioners
~+ho• +h"n thnc;e who originally filed the petition just acted upon by the board of county commissioners, unless
25 percent of the qualified electors of the area petition
F.S. 1987
to have an election .
History.-s . 9, ch. 59-466; s. 1, ch. 63-94.
153.59 Circuit court, jurisdiction.-The circuit court
in and for any county so establishing a district is vested
with jurisdiction in any such proceedings or suits affecting the creation of such districts and all matters pertinent thereto and shall give preference and priority to any
such actions or proceedings pending in such court subject to existing statutes.
History.-s . 10, ch. 59-466.
153.60 County commissioners ex officio governing
board.-The board of county commissioners of the
county in which any such district is created shall be the
ex officio governing board of such district. Such district
shall be a body corporate and politic , exercising essential governmental functions and shall have the power to
sue and be sued ; to contract; to adopt and use a common seal and alter the same at pleasure; to purchase,
hold, lease or otherwise acquire and convey such real
property and personal property and interests therein as
may be necessary or proper to carry out the purposes
of this law. The clerk of the circuit court shall be ex officio
the clerk and treasurer of the district, and the county tax
collector shall be ex officio the tax collector of the district.
Hlstory.-s . 11 , ch. 59-466.
153.61 Expenses of election, etc.-The preliminary
expenses for the creation and incorporation of any such
district, including election expenses, expenses for legal,
financial or other services in connection with the preliminary report undertaken pursuant to s. 153.54, shall be
payable out of general county funds, but shall be a reimbursable expense to be paid from the proceeds of any
bonds or other obligations issued by said district to accomplish the purposes of this law.
History.-s. 12, ch. 59-466.
153.62 District board; powers.-The district board
for and on behalf of any district created hereunder in addition to and supplementing other powers granted in
this law, is authorized and empowered:
(1) To make rules and regulations for its own government and proceedings and to adopt an official seal for
the district.
(2) To employ engineers , attorneys, accountants, financial or other experts and such other agents and employees as said district board may require or deem necessary to effectuate the purposes of this law, or to contract for any of such services.
(3) To construct, install, erect, acquire and to operate, maintain, improve, extend, or enlarge and reconstruct a water system or a sewer system or both within
said district and the environs thereof and to have the exclusive control and jurisdiction thereof; to issue its general obligation bonds, revenue bonds or assessment
bonds, or any combination of the foregoing, to pay all or
part of the cost of such construction, reconstruction,
erection, acquisition or installation of such water system, sewer system or both ; provided that the total
amount of all general obligation indebtedness of the district issued pursuant to this law shall not exceed 15 per-
790
F.S. 1987
WATER AND SEWER SYSTEMS
cent of the assessed value of the taxable property in the
district at the time of the creation of such district, to be
ascertained by the assessed valuations for county taxes
in effect at the time of the creation of such district.
(4) To levy and assess ad valorem taxes without limitation of rate or amount on all taxable property within
said district for the purpose of paying principal of and
interest on any general obligation bonds which may be
issued for the purposes of this law, not in excess of the
total amount of such general obligation bonds provided
for in subsection (3).
(5) To regulate the use of sewers and the supply of
water within the district and to prohibit the use and
maintenance of outhouses, privies, septic tanks or other
unsanitary structures or appliances.
(6) To fix and collect rates, fees and other charges
to persons or property or both for the use of the facilities
and services provided by any water system or sewer
system or both and to fix and collect charges for making
connections with any such water system or sewer system and to provide for reasonable penalties on any users or property for any such rates, fees or charges that
are delinquent.
(7) To acquire in the name of the district 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 construction, reconstruction, improvement, extension, installation, erection or operation
and maintenance of any water system or sewer system
or both and to hold and dispose of all real and personal
property under its control; provided, however nothing
herein contained shall authorize the power of eminent
domain to be exercised beyond the limits of the district.
(8) To exercise exclusive jurisdiction, control and supervision over any water system or sewer system or
both, or any part thereof owned , operated and maintained by the district and to make and enforce such
rules and regulations for the maintenance and operation
of any water system or sewer system or both as may be,
in the judgment of the district board, necessary or desirable for the efficient operation of any such systems or
improvements in accomplishing the purposes of this
law.
(9) To restrain, enjoin or otherwise prevent the violation of this law or of any resolution, rule or regulation
adopted pursuant to the powers granted by this law.
(10) To join with any other district or districts, cities,
towns, counties or other political subdivisions, public
agencies or authorities in the exercise of common powers.
(11) To contract with municipalities or other private or
public corporations or persons to provide or receive a
water supply or for sewage disposal, collection or treatment.
(12) To prescribe methods of pretreatment of industrial wastes not amenable to treatment with domestic
sewage before accepting such wastes for treatment
and to refuse to accept such industrial wastes when not
sufficiently pretreated as may be prescribed , and by
proper resolution to prescribe penalties for the refusal
791
Ch. 153
of any person or corporation to so pretreat such industrial wastes.
(13) To require and enforce the use of its facilities
whenever and wherever they are accessible.
(14) To sell or otherwise dispose of the effluent,
sludge or other byproducts as a result of sewage treatment.
(15) To accomplish construction by holding hearings,
advertising for construction bids, and letting contracts
for all or any part or parts of the construction of any water system or sewer system or both, to the lowest responsible bidder or bidders or rejecting any and all bids
at its discretion, provided that the district may purchase
supplies, material and equipment as well as expend for
construction work in an amount not to exceed one thousand dollars total cost of each transaction without advertising or receiving bids .
(16) To construct and operate connecting, intercepting or outlet sewers and sewer mains and pipes and water mains, conduits or pipe lines in, along or under any
streets, alleys, highways or other public places or ways
within the state or any municipality or political subdivision necessary for the purposes of the district.
(17) 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 law, to enter into contracts with the government of the United States or any agency or instrumentality thereof, or with any county , municipality, district, authority or political subdivision, private corporation, partnership, association or individual providing for or relating
to the treatment, collection and disposal of sewage, or
the treatment, supply and distribution of water and any
other matters relevant thereto or otherwise necessary to
effect the purposes of this law, and to receive and accept from any federal agency, grants or loans for or in
aid of the planning, construction, reconstruction or financing of any water system or sewer system or both
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.
History.- s. 13, ch. 59- 466.
153.63 Revenue bonds; issuance, etc.(1) The district board for and on behalf of any district
is authorized to provide from time to time for the issuance of revenue bonds to pay all or part of the cost of
a water system or sewer system, or both , or any additions, extensions or improvements thereto. The principal
of and interest on any such bonds shall be payable from
the rates, fees, charges or other revenues derived from
the operation of any such system or systems in the manner provided in this law and the resolution authorizing
such revenue bonds and pledging such revenues. Such
revenue bonds may also be additionally secured by the
pledge of special assessments levied pursuant to this
law, or by a pledge of the full faith and credit of said district. The revenue bonds of each issue shall be dated,
shall bear interest at such rate or rates as shall not exceed 7.5 percent per annum, shall mature at such time
or times not exceeding 40 years from their date or dates
Ch. 153
WATER AND SEWER SYSTEMS
as may be determined by the district board and may be
made redeemable before maturity, at the option of the
district board, under such terms and conditions and at
such prices as may be fixed by the district board prior
to the issuance of such bonds. The district board shall
determine the form of the bonds , including any interest
coupons to be attached thereto , and shall fix the denomination or denominations of the bonds and the place or
places of payment of principal and interest, which may
be at any bank or trust company within or without the
state. Such authorizing resolution may further provide
that such bonds may be executed manually or by the engraved, lithographed or facsimile signature of the chairman of the district board. The seal of the district may be
affixed or lithographed, engraved or otherwise reproduced in facsimile on such bonds and shall be attested
by the manual or facsimile signature of the district clerk;
provided, however, that the signature of at least one of
the officials executing such revenue bonds shall be a
manual signature. In case any officer whose signature
or a facsimile of whose signature shall appear on the
bonds shall cease to be such officer before the delivery
of such bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same
as if he had remained in office until such delivery. All revenue bonds issued under the provisions of this law shall
be and constitute and have all the qualities and incidents of negotiable instruments under the law merchant
and the negotiable instruments law of the state. The
bonds may be issued in coupon or registered form as
the district board may determine in such authorizing resolution and provision may be made for the registration
of any coupon bonds as to principal alone and also as
to principal and interest, and for the reconversion of coupon bonds or of any bond registered as to principal and
interest . The issuance of such bonds shall not be subject to any limitations or conditions contained in any other law and the district board may sell such bonds in such
manner, either at public or private sale, and for such
price , as it may determine to be for the best interests of
the district, but no such sale shall be made at a price so
low as to require the payment of interest on money received therefor at a rate in excess of 7.5 percent per annum , computed with relation to the absolute maturity of
the bonds in accordance with standard tables of bond
values , excluding , however, from such computation the
amount of any premium to be paid for the redemption
of any bonds prior to maturity.
(2) The proceeds of the sale of any such bonds shall
be used solely for the payment of the costs of the construction or acquisition of any water system or sewer
system or both or the reconstruction or construction or
acquisition of extensions, improvements and additions
thereto, and shall be disbursed in such manner and under such restrictions, as the district board may provide
in the authorizing resolution . Prior to the preparation or
issuance of definitive revenue bonds , the district board
may, under like restrictions , issue interim receipts or
temporary notes or other form of such temporary obligations without coupons, exchangeable for definitive
bonds when such bonds have been executed and are
available for delivery. The district board may also provide for the replacement of any bonds which shall have
F.S. 1987
become mutilated and be destroyed or lost upon proper
indemnification . Revenue bonds may be issued under
the provisions of this law without obtaining the consent
of any commission , board, bureau or agency of the
state, and without any other proceeding or happening
of any other condition or thing than those proceedings,
conditions or things which are specifically required by
this law.
(3) A resolution providing for the issuance of revenue bonds may also contain such limitations upon the
issuance of additional revenue bonds secured on a parity with the bonds theretofore issued, as the district
board may deem proper, and such additional bonds
shall be issued under such restrictions and limitations as
may be prescribed by such authorizing resolution .
(4) Revenue bonds shall not be deemed to constitute an indebtedness of the district, and shall not be included in the amount of general obligation bonds which
the district is authorized to issue under any other provision of this law, unless the full faith and credit of the district is pledged as additional security for such revenue
bonds.
History.- s. 14, ch. 59-466; s. 5, ch. 73-302.
153.64 Schedule of rates and fees.(1) The district board shall fix the initial schedule of
rates , fees or other charges for the use of and the services and facilities to be furnished by any such water
system or sewer system to be paid by the owner, tenant
or occupant of each lot or parcel of land which may be
connected with or used by any such system or systems
of the district. After the system or systems shall have
been in operation the district board may revise the
schedule of rates , fees and charges from time to time;
provided , however, that such rates, fees and charges
shall be so fixed and revised so as to provide some,
which, with other funds available for such purposes,
shall be sufficient at all times to pay the expenses of operating and maintaining such water system or sewer
system or both , including reserves for such purposes,
the principal of and interest on revenue bonds as the
same shall become due and reserves therefor, and to
provide a margin of safety over and above the total
amount of any such payments, and to comply fully with
any covenants contained in the proceedings authorizing
the issuance of any bonds or other obligations of the district. The district shall charge and collect such rates,
fees and charges so fixed or revised, and such rates,
fees and charges shall not be subject to the supervision
or regulation by any other commission, board, bureau,
agency or other political subdivision or agency of the
county or state.
(2) Such rates , fees and charges shall be just and
equitable and uniform for users of the same class and
where appropriate may be based or computed either
upon the quantity of water consumed or upon the number and size of sewer connections or upon the number
and kind of plumbing fixtures in use in the premises or
upon the number or average number of persons residing
or working in or otherwise using or occupying such
premises or upon any other factor affecting the use of
the facilities furnished or upon any combination of the
792
F.S. 1987
WATER AND SEWER SYSTEMS
foregoing factors as may be determined by the district
board on any other equitable basis.
(3) No rates, fees or charges shall be fixed under the
foregoing provisions of this section until after a public
hearing at which all the users of the proposed sewer
system or water system , or both , or owners , tenants or
occupants served or to be served thereby and all others
interested shall have an opportunity to be heard concerning the proposed rates , fees and charges. Notice of
such public hearing setting forth the proposed schedule
or schedules of rates, fees and charges shall be given
by one publication in a newspaper published in the
county and circulating in the district at least 10 days before the date fixed in such notice for the hearing, which
may be adjourned from time to time . If there be no such
newspaper published in the county and circulating in
the district the notice of such rate hearing shall be posted as provided for in s. 153.56 regarding the posting of
the notice calling the election creating the district. After
such hearing such schedule or schedules, either as initially adopted, or as modified or amended , may be finally
adopted .
(4) A copy of the schedule or schedules of such
rates , fees or charges finally adopted shall be kept on
file in the office of the district clerk and shall be open at
all times to public inspection . The rates, fees or charges
so fixed for any class of users or property served shall
be extended to cover any additional users or properties
thereafter served which shall fall in the same class, without the necessity of any hearing or notice. Any change
or revision of such rates , fees or charges may be made
in the same manner as such rates , fees or charges were
originally established as hereinabove provided; provided however, that if such changes or revisions be made
substantially pro rata as to all classes of service no hearing or notice shall be required .
History.-s. 15, ch . 59-466.
153.65 Trust funds; trustees.-The proceeds of all
bonds or other obligations issued under this law and all
revenues derived from the operation of any water system or sewer system for the payment of all or part of the
cost of which any bonds or other obligations authorized
by this law have been issued shall be and constitute
trust funds , and shall be used and applied only in accordance with the proceedings authorizing the issuance
of any revenue bonds, general obligation bonds or other
obligations issued pursuant to this law, and the district
may appoint trustees , within or without the state, under
trust agreements or indentures to hold and administer
the proceeds of any such bonds or other obligations or
any such revenues.
History.-s. 16, ch . 59-466.
153.66 Covenants of district board with bondholders.-ln addition to the other provisions and requirements of this law any resolution authorizing the issuance
of revenue bonds, general obligation bonds , assessment bonds or any other obligations issued hereunder,
may contain provisions and the district board is authorized to provide and may covenant and agree with the
several holders of such bonds as to:
Ch. 153
(1) Reasonable deposits with the district in advance
to insure the payment of rates , fees or charges for the
facilities of the system .
(2) The discontinuance of the services and facilities
of any water system or sewer system, or both, for delinquent payments for either water services or sewer services , and the terms and conditions of the restoration of
such service .
(3) Contracts with private or public owners of a water system or sewer system not owned and operated by
the district for the discontinuance of service to any users
of the water system or sewer system , as the case may
be, owned and operated by the district.
(4) Limitations on the powers of the district to construct , acquire or operate , or permit the construction, acquisition or operation of any plants, structures, facilities
or properties which may compete or tend to compete
with any water system or sewer system .
(5) The manner and method of paying service
charges and fees and the levying of penalties for delinquent payments.
(6) Subject to this law the manner and order of priority of the disposition of revenues or redemption of any
bonds or other obligations.
(7) Terms and conditions for modification or amendment of any provisions or covenants in any such proceedings authorizing the issuance of bonds or other obligations.
(8) Provisions for and limitations on the appointment
of a trustee for bondholders for any water system or
sewer system .
(9) Provisions as to the appointment of a receiver of
any sewer system or water system or both, on default
of principal or interest on any such bonds or other obligations or the breach of any covenant or condition of
such authorizing proceedings or the provisions and requirements of this law.
(1 0) Provisions as to the execution and entering into
of trust agreements regarding the holding and disposition of revenues derived from such systems and the proceeds of bonds issued for the cost of acquisition or construction or improvement of a water system or sewer
system or both, or for any other purposes necessary to
secure any such revenue bonds.
(11) Provisions as to the maintenance of any such
systems and reasonable insurance thereof.
(12) Any other matters necessary to secure such
bonds and the payment of the principal and interest
thereof.
All such provisions of the bond proceedings and all such
covenants and agreements in addition to the other provisions and requirements of this law shall constitute valid and legally binding contracts between the district and
several holders of any such bonds and shall be enforceable by any such holder or holders by mandamus or other appropriate action, suit or proceeding in law or in equity in any court of competent jurisdiction.
History.-s. 17 , ch. 59-466.
153.67 Unpaid fees to constitute lien.-ln the event
that the fees , rates or charges for the services and facilities of any water or sewer system shall not be paid as
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Ch. 153
WATER AND SEWER SYSTEMS
and when due, any unpaid balance thereof and all interest accruing thereon shall be a lien on any parcel or
property affected thereby. Such liens shall be superior
and paramount to the interest on such parcel or property
of any owner, lessee, tenant, mortgagee or other person
except the lien of county taxes and shall be on a parity
with the lien of any such county taxes . In the event that
any such service charge shall not be paid as and when
due and shall be in default for thirty days or more the unpaid balance thereof and all interest accrued thereon,
together with attorneys fees and costs , may be recovered by the district in a civil action , and any such lien
and accrued interest may be foreclosed or otherwise enforced by the district by action or suit in equity as for the
foreclosure of a mortgage on real property.
F.S. 1987
levy of a special tax annually on all taxable property in
the district sufficient in amount to comply with the proceedings authorizing such revenue bonds or assessment bonds for which the full faith and credit of the district is pledged as additional security.
History.-s. 19, ch. 59-466.
153.69 County property appraiser ex officio tax assessor for district.- The amount of any such annual
taxes so levied for general obligation bonds or as additional security for revenue bonds or assessment bonds
shall be certified by the district board to the property appraiser of the county who shall be ex officio tax assessor
for the district , and such taxes shall be levied and collected in the same manner as other general county taxes .
History.-s. 18, ch . 59-466.
Hlstory.-s. 20, ch. 59-466; s. 1, ch . 77-102.
153.68 General obligation bonds, election; issuance, tax levy.(1) The district board is hereby authorized to provide by resolution from time to time for the issuance of
general obligation bonds pledging the full faith and credit of the district for the payment thereof, for the purpose
of paying all or part of the cost of the acquisition or construction or improvement of a water system or a sewer
system or both , provided however, that the issuance of
such bonds , or of any revenue bonds , assessment
bonds or other obligations for which the full faith and
credit of the district shall have been pledged as additional security shall have been approved at an election
of the qualified electors who are freeholders residing in
said district, such election to be called , noticed and conducted in the manner provided in the constitution and
statutes of Florida for freeholder elections.
(2) For the payment of the principal of and the interest on any general obligation bonds of the district issued
under the provisions of this law, the district board is
hereby authorized and required and in such resolution
authorizing the issuance of general obligation bonds
shall authorize and require the levy annually of a special
tax upon all taxable property within the district over and
above all other taxes authorized or permitted by law sufficient to pay such principal and interest as the same
shall become due and payable, and the proceeds of all
such taxes , when collected, shall be paid into a special
fund and used for no other purpose than the payment
of such principal and interest, or reserves therefor; provided however, that there may be pledged as additional
security for the payment of such principal and interest
the proceeds of such rates , fees and charges made for
the services and facilities of any such water system or
sewer system or both , or the proceeds of special assessments levied to finance the cost of assessable improvements , or both , and in the event of such pledge or
pledges the amount of the annual tax herein required
may be reduced in any year subject to and in accordance with the proceedings authorizing the issuance of
such general obligation bonds.
(3) In the event the full faith and credit of the district
is pledged as additional security for the payment of any
revenue bonds or assessment bonds issued hereunder,
the district board shall in the manner set out above for
general obligation bonds provide for and authorize the
153.70 Provisions of s. 153.63 applicable to general obligation bonds.-Any general obligation bonds
shall be authorized by resolution of the district board
and the provisions of s. 153.63 relative to maturities, execution , rate or rates of interest, redemption prior to maturity , registration , method of sale , and all other matters in
said s. 153.63 not inconsistent with the other provisions
in this law relating to general obligation bonds, shall apply to any general obligation bonds issued hereunder.
History.-s . 21 , ch. 59- 466.
153.71 Publication of notice of issuance of bonds.
-Prior to the issuance of any revenue bonds , general
obligation bonds , assessment bonds or other obligations, the district board may, in its discretion , publish a
notice at least once in a newspaper published in the
county and circulating in the district, or posted in the
manner provided in s. 153.56 if there be no such newspaper, stating the date of adoption of the resolution authorizing such obligations , and the amount , maximum
rate of interest and maturity of such obligations and the
purpose in general terms for which such obligations are
to be issued, and further stating that any action or proceedings authorizing the issuance thereof, or of any covenants made therein , must be instituted within 20 days
after the first publication of such notice, or the validity
of such obligations or proceedings or covenants shall
not be thereafter questioned in any court whatsoever.
If no such action or proceeding is so instituted within
such 20-day period then the validity of such obligations,
proceedings and covenants shall be conclusive , and all
persons or parties whatsoever shall be forever barred
from questioning the validity of such obligations , proceedings or covenants in any court whatsoever.
History.-s. 22, ch. 59- 466.
153.72 Bonds; qualities of negotiable instruments;
rights of holders.-AII revenue bonds, general obligation bonds or assessment bonds issued hereunder shall
be and constitute , and have all the qualities and incidents of negotiable instruments under the law merchant
and the Negotiable Instruments Law of Florida, and shall
not be invalid for any irregularity or defect in the proceedings for the issuance and sale thereof and shall be
incontestable in the hands of bona fide purchasers for
value . No proceedings in respect to the issuance of such
794
F.S. 1987
WATER AND SEWER SYSTEMS
bonds shall be necessary except such as are required
by this law. The provisions of this law shall constitute an
irrevocable contract between said district and the holders of any such bonds or coupons thereof issued pursuant to the provisions hereof. Any holder of such bonds
may either at law or in equity, by suit, action or mandamus, enforce and compel the performance of the duties
required by this law or of any of the officers or persons
herein mentioned in relation to said bonds, or the levy,
assessment , collection and enforcement and application of the taxes, revenues, assessments or other funds
pledged for the payment of the principal and interest
thereof.
History.-s. 23, ch. 59-466.
153.73 Assessable improvements; levy and payment of special assessments.-Any district may provide for the construction or reconstruction of assessable
improvements as defined in s. 153.52, and for the levying of special assessments upon benefited property for
the payment thereof, under the provisions of this section.
(1) The initial proceeding under this section shall be
the passage by the district board of a resolution ordering the construction or reconstruction of such assessable improvements, indicating the location by terminal
points and routes and either giving a description of the
improvements by its material, nature, character, and
size or giving two or more descriptions with the directions that the material, nature, character, and size shall
be subsequently determined in conformity with one of
such descriptions. Sewer or water improvements need
not be continuous and may be in more than one locality
or street. The resolution ordering any such improvement
may give any short and convenient designation to each
improvement ordered thereby, and the property against
which assessments are to be made for the cost of such
improvement may be designated as an assessment district , followed by a letter or number or name to distinguish it from other assessment districts, after which it
shall be sufficient to refer to such improvement and
property by such designation in all proceedings and assessments, except in the notices required by this section.
(2)(a) As soon as possible after the passage of such
resolution , the engineer for the district shall prepare in
duplicate plans and specifications for each improvement ordered thereby and an estimate of the cost thereof. Such cost shall include, in addition to the items of
cost as defined in this law, the cost of relaying streets
and sidewalks necessarily torn up or damaged and the
following items of incidental expenses:
1. Printing and publishing notices and proceedings;
2.
Costs of abstracts of title; and
3.
Any other expense necessary or proper in conducting the proceedings and work provided for in this
section, including the estimated amount of discount, if
any, upon the sale of assessment bonds or any other obligations issued hereunder for which such special assessments are to be pledged. If the resolution shall provide alternative descriptions of material, nature, charac-
Ch. 153
ter, and size, such estimate shall include an estimate of
the cost of the improvement of each such description .
(b) The engineer shall also prepare in duplicate a
tentative apportionment of the estimated total cost of
the improvement as between the district and each lot or
parcel of land subject to special assessment under the
resolution , such apportionment to be made in accordance with the provisions of the resolution and in relation
to apportionment of cost provided herein for the preliminary assessment roll. Such tentative apportionment of
total estimated cost shall not be held to limit or restrict
the duties of the engineer in the preparation of such preliminary assessment roll. One of the duplicates of such
plans , specifications, and estimates and such tentative
apportionment shall be filed with the district clerk and
the other duplicate shall be retained by the engtneer in
his files, all thereof to remain open to public inspection.
(3) The district clerk upon the filing with him of such
plans , specifications, estimates, and tentative apportionment of cost shall publish once in a newspaper published in the county and circulating in the district, or
posted as provided ins . 153.56 if there be no such newspaper, a notice stating that at a meeting of the district
board on a certain day and hour, not earlier than 15 days
from such publication or posting , the district board will
hear objections of all interested persons to the confirmation of such resolution , which notice shall state in brief
and general terms a description of the proposed assessable improvements with the location thereof, and shall
also state that plans , specifications , estimates, and tentative apportionment of cost thereof are on file with the
district clerk . The district clerk shall keep a record in
which shall be inscribed, at the request of any person,
firm , or corporation having or claiming to have any interest in any lot or parcel of land, the name and post-office
address of such person , firm, or corporation , together
with a brief description or designation of such lot or parcel; and it shall be the duty of the district clerk to mail
a copy of such notice to such person, firm, or corporation at such address , at least 10 days before the time
for the hearing as stated in such notice, but the failure
of the district clerk to keep such record or so to inscribe
any name or address or to mail any such notice shall not
constitute a valid objection to holding the hearing as
provided in this section or to any other action taken under the authority of this section .
(4) At the time named in such notice, or to which an
adjournment may be taken by the district board, the district board shall receive any objections of interested persons and may then or thereafter repeal or confirm such
resolution with such amendments, if any, as may be desired by the district board and which do not cause any
additional property to be specially assessed.
(5) All objections to any such resolution on the
ground that it contains items which cannot be properly
assessed against property, or that it is, for any default
or defect in the passage or character of the resolution
or the plans or specifications or estimate, void or voidable in whole or in part, or that it exceeds the power of
the district board , shall be made in writing in person or
by attorney, and filed with the district clerk at or before
the time or adjourned time of such hearing. Any objections against the making of any assessable improve-
795
Ch. 153
WATER AND SEWER SYSTEMS
ments not so made shall be considered as waived , and
if any objection shall be made and overruled or shall not
be sustained, the confirmation of the resolution shall be
the final adjudication of the issues presented unless
proper steps shall be taken in a court of competent jurisdiction to secure relief within 20 days.
(6)(a) Whenever any resolution providing for the
construction or reconstruction of assessable improvements and for the levying of special assessments upon
benefited property for the payment thereof shall have
been confirmed, as hereinabove provided, or at any time
thereafter , the district board may issue assessment
bonds payable out of such assessments when collected. Said bonds shall mature not later than 2 years after
the last installment in which said special assessments
may be paid , as provided in subsection (11 ), and shall
bear interest at not exceeding 7.5 percent per annum .
Such assessment bonds shall be executed, shall have
such provisions for redemption prior to maturity, shall be
sold in the manner and be subject to all of the applicable
provisions contained in s. 153.63 for revenue bonds, except as the same are inconsistent with the provisions of
this section. The amount of such assessment bonds for
any assessable improvement, prior to the confirmation
of the preliminary assessment roll provided for in subsection (10), shall not exceed 70 percent of the estimated amount of the cost of such assessable improvements
which are to be specially assessed against the land and
real estate to be specially benefited thereby , as shown
in tl)e estimates of the engineer for the district referred
to in subsection (2) . The amount of such assessment
bonds for any assessable improvement to be issued, after the confirmation of the preliminary assessment roll
provided for in subsection (10) , including any assessment bonds theretofore issued, shall not exceed the
amount of special assessments actually confirmed and
levied by the district board as provided in subsection
(10).
(b) Such assessment bonds shall be payable from
the proceeds of the special assessments levied for the
assessable improvement for which such assessment
bonds are issued; provided , however, that any district
may pledge the full faith and credit of such district for
the payment of the principal of and interest on such assessment bonds if the issuance of such assessment
bonds shall be approved by the qualified electors who
are freeholders residing in said district in the manner
provided in the constitution and statutes of Florida.
(7) After the passage of the resolution authorizing
the construction or reconstruction of assessable improvements has been confirmed as provided in subsection (4), the district may publish at least once in a newspaper published in the county and circulating in the district, or post in the manner provided in s. 153.56 if there
be no such newspaper, a notice calling for sealed bids
to be received by the district board on a date not earlier
than 15 days from the first publication for the construction of the work, unless in the initial resolution the district
board shall have declared its intention to have the work
done by district forces without contract. The notice shall
refer in general terms to the extent and nature of the improvement or improvements and may identify the same
by the short designation indicated in the initial resolution
F.S. 1987
and by reference to the plans and specifications on file.
If the initial resolution shall have given two or more alternative descriptions of the assessable improvements as
to its material, nature, character, and size, and if the district board shall not have theretofore determined upon
a definite description , the notice shall call for bids upon
each of such descriptions . Bids may be requested for
the work as a whole or for any part thereof separately
and bids may be asked for any one or more of such assessable improvements authorized by the same or different resolutions , but any bid covering work upon more
than one improvement shall be in such form as to permit
a separation of cost as to each improvement. The notice
shall require bidders to file with their bids either a certified check drawn upon an incorporated bank or trust
company in such amount or percentage of their respective bids, as the district board shall deem advisable , or
a bid bond in like amount with corporate surety satisfactory to the district board to insure the execution of a contract to carry out the work in accordance with such plans
and specifications and insure the filing at the making of
such contract , of a bond in the amount of the contract
price with corporate surety satisfactory to the district
conditioned for the performance of the work in accordance with such contract. The district board shall have
the right to reject any or all bids, and if all bids are rejected the district board may readvertise or may determine
to do the work by the district forces without contract.
(8) Promptly after the completion of the work, the
engineer for the district, who is hereby designated as
the official of the district to make the preliminary assessment of benefits from assessable improvements, shall
prepare a preliminary assessment roll and file the same
with the district clerk which roll shall contain the following :
(a) A description of abutting lots and parcels of land
or lands within the district which will benefit from such
assessable improvements and the amount of such benefits to each such lot or parcel of land. Such lots and parcels shall include the property of the county and any
school district or other political subdivision. There shall
also be given the name of the owner of record of each
lot or parcel where practicable, and in all cases there
shall be given a statement of the number of feet of property so abutting, which number of feet shall be known
as the frontage.
(b) The total cost of the improvement and the
amount of incidental expense.
(9) The preliminary roll shall be advisory only and
shall be subject to the action of the district board as
hereinafter provided . Upon the filing with the district
clerk of the preliminary assessment roll , the district clerk
shall publish at least once in a newspaper published in
the county, and circulating in the district, or if there be
no such newspaper, post in the manner provided in s.
153.56, a notice stating that at a meeting of the district
board to be held on a certain day and hour, not less than
15 days from the date of such publication or posting,
which meeting may be a regular, adjourned or special
meeting , all interested persons may appear and file written objections to the confirmation of such roll. Such notice shall state the class of the assessable improve-
796
F.S. 1987
WATER AND SEWER SYSTEMS
ments and the location thereof by terminal points and
route .
(1 0) At the time and place stated in such notice, the
district board shall meet and receive the objections in
writing of all interested persons as stated in such notice.
The district board may adjourn the hearing from time to
time. After the completion thereof, the district board
shall either annul or sustain or modify in whole or in part
the preliminary assessment as indicated on such roll , either by confirming the preliminary assessment against
any or all lots or parcels described therein or by canceling , increasing , or reducing the same, according to the
special benefits which the district board decided each
such lot or parcel has received or will receive on account
of such improvement. If any property which may be
chargeable under this section shall have been omitted
from the preliminary roll or if the preliminary assessment
shall not have been made against it, the board may
place on such roll an apportionment to such property.
The district board shall not confirm any assessment in
excess of the special benefits to the property assessed,
and the assessments so confirmed shall be in proportion
to the special benefits . Forthwith after such confirmation, such assessment roll shall be delivered to the district clerk . The assessment so made shall be final and
conclusive as to each lot or parcel assessed unless
proper steps be taken within 30 days in a court of competent jurisdiction to secure relief. If the assessment
against any property shall be sustained or reduced or
abated by the court, the district clerk shall note that fact
on the assessment roll opposite the description of the
property affected thereby. The amount of the special assessment against any lot or parcel which may be reduced or abated by the court, unless the assessment
upon the entire district be reduced or abated , or the
amount by which such assessment is so reduced, may
by resolution of the district board be made chargeable
against the district at large; or, at the discretion of the
district board, a new assessment roll may be prepared
and confirmed in the manner hereinabove provided for
the preparation and confirmation of the original assessment roll.
(11 )(a) Any assessment may be paid at the office of
the district clerk within 60 days after the confirmation
thereof, without interest. Thereafter all assessments
shall be payable in equal installments, with interest at
not exceeding 8 percent per year, or, if bonds are issued
pursuant to this chapter, at a rate not to exceed 1 percent above the rate of interest at which the improvement
bonds authorized pursuant to this chapter and used for
improvements are sold, from the expiration of said 60
days in each of the succeeding number of years which
the district board shall determine by resolution , not exceeding 20; however, the district board may provide that
any assessment may be paid at any time before due, together with interest accrued thereon to the date of payment, if such prior payment shall be permitted by the
proceedings authorizing any assessment bonds or other
obligations for the payment of which such special assessments have been pledged .
(b) All such special assessments shall be collected
by the tax collector of the county in which the district is
located at the same time as the ad valorem taxes of the
Ch. 153
district and general county taxes are collected by the
tax collector of such county , and the district shall certify
to the county tax collector in each year a list of all such
special assessments and a description of and name of
the owners of the properties against which such special
assessments have been levied and the amounts due
thereon in such year, and interest thereon , and any deficiencies for prior years .
(c) All assessments shall constitute a lien upon the
property so assessed from the date of confirmation of
the resolution ordering the improvement, of the same
nature and to the same extent as the lien for general
county taxes falling due in the same year or years in
which such assessments or installments thereof fall due,
and any assessment or installment not paid when due
shall be collectible with such interest and with a reasonable attorney's fee and costs , but without penalties, by
the district by proceedings in a court of equity to foreclose the lien of assessments as a lien for mortgages is
or may be foreclosed under the laws of the state; provided that any such proceedings to foreclose shall embrace all installments of principal remaining unpaid with
accrued interest thereon, which installments shall , by
virtue of the institution of such proceedings , immediately become due and payable.
(d) Nevertheless, if prior to any sale of the property
under decree of foreclosure in such proceedings , payment be made of the installment or installments which
are shown to be due under the provisions of the resolution passed pursuant to subsection (1 0) , and by this
subsection and all costs including interest and attorney 's fee , such payment shall have the effect of restoring the remaining installments to their original maturities
as provided by the resolution passed pursuant to this
subsection and the proceedings shall be dismissed .
(e) It shall be the duty of the district to enforce the
prompt collection of assessment by the means herein
provided , and such duty may be enforced at the suit of
any holder of bonds issued under this law in a court of
competent jurisdiction by mandamus or other appropriate proceedings or action.
(f) Not later than 30 days after the annual installments are due and payable, it shall be the duty of the
district board to direct the attorney or attorneys whom
the district board shall then designate, to institute action
within 2 months after such direction to enforce the collection of all special assessments for assessable improvements made under this section and remaining due
and unpaid at the time of such direction. Such action
shall be prosecuted in the manner and under the conditions in and under which mortgages are foreclosed under the laws of the state.
(g) It shall be lawful to join in one action the collection of assessments against any or all property assessed by virtue of the same assessment roll unless the
court shall deem such joinder prejudicial to the interest
of any defendant. The court shall allow a reasonable attorney's fee for the attorney or attorneys of the district,
and the same shall be collectible as a part of or in addition to the costs of the action.
(h) At the sale pursuant to decree in any such action , the district may be a purchaser to the same extent
as an individual person or corporation, except that the
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WATER AND SEWER SYSTEMS
part of the purchase price represented by the assessments sued upon and the interest thereon need not be
paid in cash . Property so acquired by a district may be
sold or otherwise disposed of , the proceeds of such disposition to be placed in the fund provided by subsection
(1); provided , however, that no sale or other disposition
thereof shall be made unless the notice calling for bids
therefor to be received at a stated time and place shall
have been published in a newspaper published in the
county and circulating in the district, or posted in the
manner provided ins. 153.56 if there be no such newspaper , at least 20 days prior to such disposition .
(12) All assessments and charges made under the
provisions of this section for the payment of all or any
part of the cost of any assessable improvements for
which assessment bonds shall have been issued under
the provisions of this law, or which have been pledged
as additional security for any other bonds or obligations
issued under this law, shall be used only for the payment
of principal of or interest on such assessment bonds or
other bonds or obligations .
(13) The county in which the district is located and
each school district and other political subdivision wholly or partly within the district shall possess the same
power and be subject to the same duties and liabilities
in respect of assessment under this section affecting
the real estate of such county, school district, or other
political subdivision which private owners of real estate
possess or are subject hereunder; and such real estate
of any such county, school district, and political subdivision shall be subject to liens for said assessments in all
cases where the same property would be subject to
such liens had it at the time the lien attached been
owned by a private owner.
(14) If any special assessment made under the provisions of this chapter to defray the whole or any part of
the expense of any such improvement shall be deemed
by the district board to be inadequate to meet the obligation owed to bondholders , the district board may adjust the duration of and the interest penalty on installment payments of the assessment so that payments of
special assessments shall be sufficient to satisfy the
contractual obligation owed by the district to bondholders. However, such adjustment shall not have the effect
of increasing the special assessment of any property , including the effect of increasing the amount of assessment of any property in proportion to the amount of benefits conferred on that property, nor shall such adjustment increase the interest rate or the installment payment period beyond the interest rate and payment period set forth in paragraph (11)(a) . Further, the district
board , in adjusting the interest rates and the period of
payment of assessments , shall follow the provisions of
this section providing for notice and hearing to interested persons and providing for passage of resolutions establishing special assessments.
History.-s. 24, ch. 59-466; s. 6, ch. 73-302; s. 1, ch. 82-14; s. 8, ch. 82-195.
153.74 Issuance of certificates of indebtedness
based on assessments for assessable improvements.
(1) The district board may, after any assessments
for assessable improvements are made, determined
and confirmed as provided in s. 153.73, issue certifi-
F.S. 1987
cates of indebtedness for the amount so assessed
against the abutting property or property otherwise benefited , as the case may be, and separate certificates
shall be issued against each part or parcel of land assessed , which certificates shall state the general nature
of the improvement for which the said assessment is
made. Said certificates shall be payable in annual installments in accordance with the installments of the special
assessments for which they are issued . The district
board may determine the interest to be borne by such
certificates at a rate no greater than 7.5 percent per annum , and may sell such certificates at either private or
publ ic sale at not exceeding par and accrued interest
and determine the form, manner of execution and other
details of such certificates . Such certificates shall recite
that they are payable only from the special assessments
levied and collected from the part or parcel of land
against which they are issued . The proceeds of such
certificates may be pledged for the payment of principal
of and interest on any revenue bonds or general obligation bonds issued to finance in whole or in part such assessable improvements, or, if not so pledged , may be
used to pay the cost or part of the cost of such assessable improvements.
(2) The district may also issue assessment bonds or
other obligations payable from a special fund into which
such certificates of indebtedness referred to in the preceding subsection may be deposited ; or, if such certificates of indebtedness have not been issued, the district
may assign to such special fund for the benefit of the
holders of such assessment bonds or other obligations ,
or to a trustee for such bondholders, the assessment
liens provided for in s. 153.73(1 0) , unless such certificates of indebtedness or assessment liens have been
theretofore pledged for any bonds or other obligations
authorized hereunder. In the event of the creation of
such special fund and the issuance of such assessment
bonds or other obligations, the proceeds of such certificates of indebtedness or assessment liens deposited
therein shall be used only for the payment of the assessment bonds or other obligations issued as provided in
this section. The district is hereby authorized to covenant with the holders of such assessment bonds or other obligations that it will diligently and faithfully enforce
and collect all the special assessments and interest and
penalties thereon for which such certificates of indebtedness or assessment liens have been deposited in or
assigned to such fund , and to foreclose such assessment liens so assigned to such special fund or represented by the certificates of indebtedness deposited in
said special fund , after such assessment liens have become delinquent and deposit the proceeds derived from
such foreclosure , including interest and penalties , in
such special fund , and to further make any other necessary covenants deemed necessary or advisable in order
to properly secure the holders of such assessment
bonds or other obligations.
(3) The assessment bonds or other obligations issued pursuant to this section shall have such dates of
issue and maturity as shall be deemed advisable by the
district board ; provided , however, that the maturities of
such assessment bonds or other obligation shall not be
more than 2 years after the due date of the last install-
798
F.S. 1987
WATER AND SEWER SYSTEMS
ment which will be payable on any of the special assessments for which such assessment liens, or the certificates of indebtedness representing such assessment
liens, are assigned to or deposited in such special fund.
(4) Such assessment bonds or other obligations issued under this section shall bear interest at not exceeding 7.5 percent per annum, shall be executed, shall
have such provisions for redemption prior to maturity,
shall be sold in the manner and be subject to all of the
applicable provisions contained in s. 153.63 for revenue
bonds , except as the same are inconsistent with the provisions of this section.
(5) All assessment bonds or other obligations issued
under the provisions of this law, except certificates of indebtedness issued against separate parcels of land as
provided in this section, shall be and constitute and
have all the qualities and incidents of negotiable instruments under the law merchant and the Negotiable Instruments Law of the state .
History.-s. 25, ch. 59-466; s. 7, ch. 73-302.
153.75 Annual reports of district board.- The district board shall cause to be made at least once each
year a comprehensive report of its water system or sewer system or both including all matters relating to rates ,
revenues, expenses of maintenance, repair and operation and renewals and capital replacements , principal
and interest requirements and the status of all funds and
accounts. Copies of such report shall be filed with the
district clerk and shall be open to public inspection .
History.-s. 26, ch . 59-466.
153.76 Exemption from taxation.-As the exercise
of the powers conferred by this law constitutes the performance of essential public functions and as any water
system or sewer system or both constructed under the
provisions of this law constitute public property used for
public purposes such districts and all properties, revenues, or other assets thereof, and all bonds issued hereunder and the interest thereon, shall be exempt from all
taxation by the state , or any political subdivision , agency
or instrumentality thereof .
History.-s. 27, ch . 59-466.
153.77 District bonds as securities for public bodies.-AII revenue bonds , general obligation bonds, or
assessment bonds issued pursuant to this law shall be
and constitute legal investments for state, county, municipal, and all other public funds and for banks, savings
banks, insurance companies, executors, administrators,
trustees, and all other fiduciaries and shall also be and
constitute securities eligible as collateral security for all
state, county, municipal, or other public funds, subject
to the restrictions and limitations of chapters 18, 136,
237, 518 , 655, 657, 658, and 660 through 665.
History.-s. 28, ch . 59-466; s. 64, ch . 81-259.
153.78 Bonds as payment for services.-Any district is authorized to enter into agreements for the delivery of any revenue bonds , general obligation bonds or
assessment bonds at one time or from time to time as
full or partial payment for the services of any engineer
or work done by any contractor who may have been retained or hired or been awarded a contract for the con-
Ch. 153
struction of all or any part of a water system or sewer
system ; provided, however, that any such bonds so delivered for payment of such services or work performed
shall have been authorized and issued in the manner
provided in this law and shall otherwise conform to the
provisions hereof.
History.-s. 29, ch. 59-466.
153.79 Contracts for construction of improvements, sealed bids.-AII contracts let, awarded or entered into by the district for the construction, reconstruction or acquisition or improvement of a water system or
a sewer system or both or any part thereof, if the amount
thereof shall exceed $1,000, shall be awarded only after
public advertisement and call for sealed bids therefor,
in a newspaper published in the county circulating in the
district, or, if there be no such newspaper, then in a
newspaper published in the state and circulating in the
district, such advertisement to be published at least
once at least 3 weeks before the date set for the receipt
of such bids . Such advertisements for bids in addition
to the other necessary and pertinent matter shall state
in general terms the nature and description of the improvement or improvements to be undertaken and shall
state that detailed plans and specifications for such
work are on file for inspection in the office of the district
clerk and copies thereof shall be furnished to any interested party upon payment of reasonable charges to reimburse the district for its expenses in providing such
copies . The award shall be made to the responsible and
competent bidder or bidders who shall offer to undertake the improvements at the lowest cost to the district
and such bidder or bidders shall be required to file bond
for the full and faithful performance of such work and the
execution of any such contract in such amount as the
district board shall determine, and in all other respects
the letting of such construction contracts shall comply
with applicable provisions of the general laws relating to
the letting of public contracts. Nothing in this section
shall be deemed to prevent the district from hiring or retaining such consulting engineers , attorneys, financial
experts or other technicians as it shall determine, in its
discretion , or from undertaking any construction work
with its own resources, without any such public advertisement.
History.-s. 30, ch. 59-466.
153.80 Consolidation of systems.-Any water system or sewer system of a district may be combined into
a single consolidated system for purposes of financing
or of operation and administration, or both .
History.-s. 31 , ch . 59-466.
153.81 Ad valorem maintenance tax.-ln addition
to the ad valorem taxes authorized to be levied to pay
the principal of and interest on general obligation bonds,
or as additional security for revenue bonds or assessment bonds, any district is authorized to levy a special
ad valorem maintenance tax of a sufficient number of
mills upon the dollar of assessed valuation of property
subject to taxation in the district to pay for the maintenance and operation and other corporate rurroses of
said district; provided, however, that such special maintenance tax shall in no event exceed 5 mills during any
799
Ch. 153
WATER AND SEWER SYSTEMS
one year. Such special maintenance tax shall be levied
and collected in the manner provided herein for ad valorem taxes levied and collected for debt service on
bonds issued pursuant to this law.
Hlstory.-s. 32. ch . 59-466.
153.82 Handling of taxes and special assessments, district treasurer.-AII ad valorem taxes or special assessments levied and collected in any district in
the manner provided herein shall when received be paid
over by the proper officials of the county in which the
district is located to the treasurer of the district to be applied as provided in this law and in the proceedings authorizing the issuance of any bonds or other obligations
pursuant to this law.
Hlstory.-s. 33, ch. 59- 466.
153.83 Free water and sewer services prohibited.
-The same rates , fees and charges shall be fixed and
collected from any county, school district or other political subdivision using the services and facilities of the
water system or sewer system , or both , as are fixed and
collected from other users of such facilities in the same
class . No free water or sewer services shall be rendered
by the district and no discrimination shall exist in the
fees, rates and charges for users of the same class .
History.- s. 34, ch. 59-466.
153.84 Contracts enforceable by bondholders.Any contract entered into by any district shall be
deemed to have been made for the benefit of any holders of bonds issued pursuant to this law to the extent
necessary, and the terms of any such contract shall be
enforceable by such bondholders in any appropriate legal proceeding . Any such contract if made with another
public body or municipality may be enforceable without
the requirement of formal consideration.
History.-s . 35, ch. 59-466.
153.85 Conveyance of property without consideration.-Any municipality or political subdivision is
authorized to sell , lease, grant or convey any real or personal property to any district and any such sale, grant,
lease or conveyance may be made without formal consideration .
F.S. 1987
153.86 District approval of construction of water
and sewage facilities.-No sewage disposal plant or
other facilities for the collection and treatment of sewage or any water treatment plant or other facilities for the
supply and distribution of water, shall be constructed
within any district unless the district board shall give its
consent thereto and approve the plans and specifications therefor; subject , however, to the terms and provisions of any resolution authorizing any bonds and agreements with bondholders.
Hlstory.-s. 37, ch. 59-466.
153.87 Mortgage or sale by board of district property prohibited; rights of bondholders protected.-No
district board shall have power to mortgage, pledge, encumber, sell or otherwise convey all or any part of any
water system or sewer system, or both, except that the
district board may dispose of any part of such system
or systems as may be no longer necessary for the purposes of the district. The provisions of this section shall
be deemed to constitute a contract with all bondholders.
All district property shall be exempt from levy and sale
by virtue of an execution and no execution or other judicial process shall issue against such property nor shall
any judgment against a district be a charge or lien on
its property or revenues ; provided , that nothing herein
contained shall apply to or limit the rights of bondholders
to pursue any remedy for the enforcement of any lien or
pledge given by a district on revenues derived from the
operation of any water system or sewer system, or both .
History.-s. 38. ch. 59-466.
cf.-s. 189.30 Purchase or sale of a water or sewer utility.
153.88 Construction of law.(1) The provisions of this law shall be liberally construed to effect its purposes and shall be deemed cumulative, supplemental and alternative authority for the exercise of the powers provided herein. The exercise of the
powers provided in this law and the issuance of bonds
or other obligations hereunder shall not be subject to the
limitations or provisions of any other law or laws except
as expressly provided herein .
(2) Nothing herein contained shall be construed to
affect any local or special act in force and effect on June
19, 1959.
History.-s. 36, ch. 59-466.
History.-ss. 39, 41 , ch. 59-466.
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