Florida Statutes 1967, Volume 1 -...

Ch. 130 COUNTY BONDS Ch. 130

or for a sinking fund of said bonded debt, shall be paid over by the tax collector, or person receiving the same on account of taxes collected or property sold therefor, to the said trustees, or to the other officials or boards to whom may have been transferred by law the duties and obligations formerly devolving upon said trustees, and the said trustees, or the said other officials or boards to whom may have been transferred by law the duties and obligations formerly devolving upon said trustees, are required to pay out of the moneys so received the interest of said county bonds, and to invest the residue in the bonds aforesaid, or if the said bonds cannot be had at par or at such premium as to said trustees or to the said other officials or boards to whom may have been transferred by law the duties and obligations formerly devolving upon said trustees, may seem reasonable and just, then such residue may be invested in United States, state, county or municipal bonds bearing interest; or in the event such bonds cannot be acquired to advantage, such funds shall be deposited in the savings department of national banks or state banks of the state, or savings banks organized and existing under the laws of this state, at the prevailing rate of interest, to be held as an accumulating fund for the ultimate redemption of said county bonds.

Hlstory.-§14, ch. 2088, 1877; RS 604; GS 800; 11, ch. 6478, 1913; RGS 1545; CGL 2323.

130.13 Annual report of trustees.-The said trustees shall annually on such day as may be required by the board of county commissioners render a report to the said board, in which they shall state the amounts of money received and for what purposes and from what sources, severally, and when received, and where and how the same has been invested, and enumerating the kind and amount of securities held therefor, describing the same separately, and such other matters as may be required by the board in order to have a full understanding; which said report shall be published at length by order of the board.

Hlstory.-§16, ch. 2088, 1877; RS 605; GS 801; RGS 1546; CGL 2324.

the trustees, and the confirmation ?Y the board of county commissioners; and m case the said trustees do not, within fifteen days after written notice of the existence of such vacancy, nominate a suitable person to fill such vacancy, the board of county commissioners shall nominate a suitable person to fill such vacancy, whose nomination shall be confirmed by an order of the circuit court, and the person so appointed as trustee shall give security as hereinbefore provided.

Hlstory,-§17, ch. 2088, 1877; RS 607; GS 803; RGS 1648; CGL 2326.

130.16 Compensation of trustees.-The said trustees shall have such compensation for their services as follows: for receiving the first ten thousand dollars, one and one-half per cent; for all over ten thousand dollars, one-half of one per cent; for disbursements, the same as allowed for receiving, to be paid out of the county treasury.

Hlstory,-§18, ch. 2088, 1877; RS 608; GS 804; RGS 1649; CGL 2327.

130.17 Building bridges over navigable streams; determination of amount of bonds required.-Whenever a majority of the members of any board of county commissioners, in either of the counties of the state, shall vote to acquire any property, or right, or to double deck, or parallel, or build any bridge, authorized in the highway code; or when a petition signed by ten per cent of the dulyqualified electors of any county is presented to the board of county commissioners of such county and praying any bridge be acquired, or double decked or built, authorized by the highway code, then such board of county commissioners shall immediately employ thoroughly competent and reliable experts who shall perform such service and give such information as required and shall be paid for such service out of the general revenue fund of such county; and such board of county commissioners shall then promptly determine the amount of county bonds required for such purposes, the rate of interest to be paid thereon, and the time when the principal and interest of such bonds shall become due and where payable.

History.-§3, ch. 6536, 1913; RGS 1563; CGL 2347. cf.-§336.47 County bridges, construction; Joint bridges; double

decking bridges.

130.14 Resignation and removal of trustees. -The said trustees, or either of them, may resign at any time by a communication in writing to the board of county commissioners, and any number of said trustees may be re- 130.18 Calling and conduct of election for moved for cause by the judge of the circuit bonds to build bridges over navigable streams. court of the circuit in which the county is -Bonds shall be issued only after the same situated, upon petition signed by any bond- shall have been approved by the majority of holder or tax payer, setting forth the cause the votes cast in an election in which a rnaof complaint; but no trustee shall be re- jority of the freeholders who are qualified moved without notice, and an opportunity to electors residing in such county, shall partibe publicly heard, unless it appears that the cipate, which said election shall be called and accused trustee has absented himself so that held, and the result thereof declared and renotice could not be served. corded, in the manner prescribed by §§100.201-

Hlstory.-§16, ch. 2088, 1877; RS 606; GS 802; RGS 1647; 100.221, 100.241-100.351 and said election or CGL 2325. any subsequent elections for the same purpose

130.15 Filling of vacancies in board of shall be subject to all the provisions of said trustees.-In all cases where vacancies shall c~~!~~:-§4. ch. 6536, 1913; RGS 1654; CGL 2348; §1, ch, occur, they shall be filled by nomination by 14715, 1931; CGL 1936 supp. 457(1).

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Ch. 130 COUNTY BONDS Ch. 130

130.19 Result of election; issuance and sale of bonds.-If the election shall result "FOR BONDS" then the board of county commissioners of such county shall forthwith proceed and provide for the payment of the interest and principal of such bonds, and for the iao suance, sale, disposition thereof, expenditure of proceeds realized therefrom, and for trustees therefor unless otherwise provided by law, as provided by §§130.03-130.16.

Bistory.-§6, ch. 6536, 1913; RGS 1555; CGL 2349.

130.20 Time warrants in newly created counties.-The board of county commissioners of any newly created county may, at any time within six months after the date at which the law creating the county shall become effective, issue interest-bearing time warrants in an aggregate sum not exceeding the amount of one-half of one per cent of the total tax assessed valuation of such county; provided, that where such time warrants shall come within the purview of §6 of Art. IX of the constitution of the state, the said time warrants shall be issued only after the same shall have been approved by the majority of the votes cast in an election in which a majority of the freeholders who are qualified electors residing in such county, shall participate, which said election shall be called and held, and the result thereof declared and recorded, in the manner prescribed by chapter 102, and said election shall be subject to all the provisions of said chapter.

Hlstory.-§1, ch. 8518, 1921; CGL 2350; §1, ch. 14715, 1931; CGL 1936 Supp. 457(1).

130.21 Time warrants in newly created counties; interest and date of maturity.-Such warrants shall bear interest at the rate of six per cent per annum, payable annually, and shall mature on or before a date five years after the date of the issue of such warrants.

Hlstory.-§2, ch. 8518, 1921; CGL 2361.

130.22 Time warrants in newly created counties; distribution and use of proceeds.The proceeds derived from the sale of such warrants shall be distributed by the board of county commissioners between the several funds of the county in such proportion as the county 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.

Hlstoey.-§3, ch. 8618, 1921; CGL 2352.

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 interestbearing 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 five year period, thereby creating a sinking fund during the said period of five years sufficient to pay off the entire obligation at the end of the said five year period.

Hlstoey.-§4, ch. 8518, 1921; CGL 2353.

130.24 Obligations valid when signed by officers who retire before delivery.-All 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.-§1, ch. 8562, 1921; CGL 2364.

130.25 Change of time of maturity of installments of bonds.-In any county in this state where an election has been held prior to June 14, 1921 authorizing the sale of the bonds of such county for the purpose of building or constructing hard-surfaced roads, and the payment of such bonds has been provided to be in installments, maturing at intervals longer than one year; the board of county commissioners in such county may change the times of maturity of such installments, and the amounts thereof, for any portion of such bonds not already sold, so that the installments shall mature annually; provided, that the amounts of such installments as so changed shall not change the final maturity of the entire amount of such bond issue as provided by the said election.

Hlstory.-§1, ch. 8554, 1921; CGL 2356.

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Ch. 131 REFUNDING BONDS OF COUNTIES, CITIES, ETC. Ch. 131

CHAPTER 131

REFUNDING BONDS OF COUNTIES, CITIES, ETC.

131.01 Taxing units may refund obligations. 131.02 Taxing units may refund obligations;

issuance; delivery; cancellation of refunded obligations.

131.03 Taxing units may refund obligations; form; registrar; maturity; interest; execution; sale.

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 oi said county, city, town, municipal corporation or taxing district is pledged, at or prior to maturity in the manner provided in this chapter.

Hlstory.-§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 three months prior to the date of maturity of the obligations proposed to be refunded, or if said outstanding obligations shall be callable, within three 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.

Hlstory.-§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 three per cent of the total amount thereof, beginning not more than three years after date and running not longer than twenty-five years after date. They shall bear interest at a rate not exceeding six per cent per annum, payable annually or 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

131.04 Special assessments; pledge of credit; tax; exemptions from debt limitations.

131.05 Disposition of proceeds of sale. 131.06 No other proceedings required.

than ninety-five per cent of their par value and accrued interest to date of delivery.

Hlstory.-§3, ch. 11855, 1927; CGL 2380.

131.04 Special assessments; pledge of credit; tax; exemptions from debt limitations.-All 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.

Hlstory.-§4, ch. 11855, 1927; CGL 2381.

131.05 Disposition of proceeds of sale.-In 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 seruring county and city funds, satisfactory to the comptroller of the state for the full amount of money so deposited, and the funds so deposited shall only be withdrawn with the approval of the state comptroller, for the purpose of paying the obligations to refund which said bonds were issued.

Hlstory.-§5, ch. 11855, 1927; CGL 2382.

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 cha::-ter applicable to the political subdivision issuing said bonds, to the contrary notwithstanding.

Hl11tory.-§6, ch. 11865, 1927; CGL 2382.

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Ch. 132 GENERAL REFUNDING LAW Ch. 132

CHAPTER 132

GENERAL REFUNDING LAW

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132.01 132.02 ' 132.03

132.04 132.05 132.06

132.07 132.08 132.09

132.10 132.11 132.12 132.13 132.14 132.15

How chapter may be cited. Taxing units may refund obligations. Interest; maturity; payment; right to

redeem in advance. Redemption before maturity. Form ; execution; delivery.

132.18 132.19 132.20 132.21 132.22

Separate series of bonds; rates of 132.23 interest.

Maturity date. Exchange of bonds. 132.24 Notice of sale; bids and award; pri- 132.25

vate 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.

132.26 132.27 132.28 132.29 132.30

132.16 Sinking fund. 132.31 132.32

132.17 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 con

stitute 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 dis

tricts. No other proceedings required. Replacement of bonds.

132.01 How chapter may be cited.-This such unit for the purpose of refunding its outchapter may be cited as the general refunding standing indebtedness, and may provide for the law. annual levy of ad valorem taxes without limita-

Htstory,-§1, ch. 15772, 1931; CGL 1936 Supp. 2383(1), tion as to rate or amount fully sufficient to pay principal of and interest on such refunding

132.02 Taxing units may refund obliga- bonds, the tax to be levied on the same property tions.- which would have been taxable for payment of

(1) Each county, city, town, special road and the outstanding indebtedness had such taxing bridge district, special tax school district, and unit not been abolished or dissolved. other taxing districts in this state, herein some- (3) If the territory of such abolished unit times called a unit, may issue, pursuant to a res- lies in more than one county, the territory in each olution or resolutions of the governing body county shall be deemed to be a taxing district thereof (meaning thereby the board or body in such county and the board of county comvested with the power of determining the amount missioners of each county within which any of of tax levies required for taxing the taxable such territory is situate, or the governmental property of such unit for the purpose of such authority having power or authority to levy a unit) and either with or without the approval tax for the retirement of the indebtedness to be of such bonds at an election, except as may be refunded, may issue refunding bonds as herein required by the constitution of the state, bonds provided for the purpose of refunding such porof such unit for the purpose of refunding any or tion of the indebtedness of the abolished unit all bonds, coupons, or interest on any such bonds, as shall be chargeable against the territory in or coupons or paving certificates of indebtedness said county; provided, however, that nothing in or interest on any such paving certificates of in- this section shall affect or limit the powers of the debtedness, now or hereafter outstanding, or state board of administration in the issuance of any other funded debt, all of which are herein refunding bonds under §16 of article IX of the referred to as bonds, whether such unit created constitution of this state. such indebtedness or has assumed, or may be- History.-§2, ch. 15772, 1931 ; caL 1936 supp. 23B3 (2J; u. come liable therefor, and whether indebtedness ch. 22001, 1943.

to be refunded has matured or to thereafter be- 132.03 Interest; maturity; payment; right come matured. to redeem in advance.-Such resolution or

(2) In the event any such unit having out-standing bonded or other funded debt shall have resolutions shall determine the rate or rates of been, or shall hereafter be, abolished otherwise interest to be paid, not exceeding six per cent than by annexation to, or consolidation with, per annum, payable annually or at shorter ina like political subdivision or district, the terri- tervals, and the maturity or maturities of the tory within such unit shall be deemed to be a bonds which shall be at a time or times not taxing district within the meaning of this chap- exceeding sixty years from the date of the bonds, ter, and the board of county commissioners of (except that in the issuance of bonds of taxing the county wherein such abolished unit, or any districts where the maturities are fixed under part thereof, is situate, or the governmental the constitution, then such maturities shall be authority having power or authority to levy a in accordance with the maturities fixed in the tax for the retirement of the indebtedness to constitutional provision), as well as determine be refunded, shall be the governing body there- the medium of payment and the place or places of, and may issue refunding bonds in behalf of in Florida or any other state at which the

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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.

Blstor;y-.-§3, ch. 16772, 1931; CGL 1936 Supp. 2383(3).

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 fixed 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.

Blstory.-§4, ch. 16772, 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.


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.

Bistory.-§6, ch. 15772, 1931; CGL 1936 Supp. 2383(6).

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 sixty years after date as said resolution may provide.


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.-§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 seven 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.

History.-§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 ninetyfive per cent of par, with accrued interest to date of delivery thereof.


132.11 Amount of refunding bonds to be sold.-In case of refunding bonds which are not exchanged for 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.

Blstory.-§11, ch. 15772, 1931; CGL 1936 Supp. 2383(11),

132.12 Exchange without notice.-In the case of refunding bonds which are exchanged for bonds outstanding and are not sold, such

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exchange may be made by the unit without the requirement of the publication of any notice thereof.

Hlatory.-§1.2, ch. 16772, 1931; CGL 1936 Supp. 2383(1.2),

132.13 Delivery of bonds sold.-In 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 one year after the sale.

Hlatory,-§13, ch. 16772, 1931; CGL 1936 Supp. 2383(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.

Hlatory.-§14, ch. 16772, 1931; CGL 1936 Supp. 2383(14),

132.15 Provision for conditional increase of rate of interest.-If 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 refunding 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.

Hlatory.-§16, ch. 16772, 1931; CGL 1936 Supp. 2383(16).

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.

Hhtory.-§16, ch. 16772, 1931; CGL 1938 Supp. 2383(16).

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.

Hlatory.-§17, ch. 16772, 1931; CGL 1938 Supp, 2383(17).

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 fixed 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.


132.19 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.


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.


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 .-§21, cb. 15772, 1931; CGL 1936 Supp. 2383 (21),

132.22 Levy of ad valorem tax for payment ofbonds.-

(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

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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 that 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 freeholders in said unit voting at an election called and held under the provisions of law relating to the issuance of bonds under §6, Art. IX of the state constitution as amended and such election shall be called within sixty days after the governing body of such taxing district shall receive a petition requesting the same signed by a number of freeholders equal to twenty-five per cent of the qualified electors who are freeholders 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.

Hlstoey,-§22, ch. 15772, 1:131; CGL 1936 Supp. 2383(22).

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 propert,y 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 munici-

pality 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 apportioned 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 refunding 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.

Hlstory.-§23, ch. 15772, 1931; CGL 1936 Supp. 2383(23).

132.24 Elections, notice, etc.-Any electicm which may be held to determine whether any such refuding 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.

Hlstory.-§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

507


of lands, and levy of taxes, and proceeds of mortgages.


132.26 Chapter supplemental and additional. -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 issuance 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.


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.


132.28 Chapter applicable to school districts. -In the event that any school district shall be authorized by the constitution and laws of this state to legally issue refunding bonds the pro-

visions of this chapter shall be deemed to apply to such school district.


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.


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.


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 nothwithstanding.


132.32 Replacement of bonds.-In 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 indemnity as may be required for it.

Hlstoq.-§34, ch. 15772, 1931; CGL 1936 Supp. 2383(83).

508

Ch. 133 COUNTY ZONING AND BUILDING REGULATIONS Ch. 133

CHAPTER 133

COUNTY ZONING AND BUILDING REGULATIONS

133.01 Grant of power. 133.02 Districts. 133.03 Purposes in view. 133.04 Codes. 133.05 Method of procedure. 133.06 Recording. 133.07 Administration. 133.08 Planning and zoning board. 133.09 Board of adjustment. 133.10 Board of adjustment; powers and du

ties.

133.01 Grant of power.-For the purpose of promoting the health, safety, morals and general welfare of the community, the boards of county commissioners of the counties of this state are authorized to adopt zoning and building regulations in the territory within their respective counties which is not included in the corporate limits of any city or town, and to divide such territory into districts or zones, and to regulate and restrict the uses of lands, water, buildings and other structures for trade, industry, residence or other purposes within the districts or zones, and to regulate and restrict the construction, reconstruction, erection, alteration, repair, height, number of stories, size and location and use of buildings and other structures within the districts or zones, and to regulate and restrict the area, dimensions and size of lots or tracts of land or yards, and the percentage and portion of lots that may be occupied in connection with the construction and location of buildings or other structures within the districts or zones.

History.- §!, ch. 67-310. cf.-§125.56 County commissioners adoption of building code;

Inspection fees; inspectors; etc.

133.02 Districts.-For any and all of said purposes each board of county commissioners may divide such territory into districts of such number, shape and area as may be deemed best suited to carry out the purposes of this act. All such regulations and restrictions shall be uniform for each class or kind of property and building throughout each district but the regulations in one district may differ from those in other districts.

History.-§2, ch. 67-310.

133.03 Purposes in view.-Such regulations and restrictions shall be made in accordance with a comprehensive plan and designed:

(1) To lessen congestion on the highways; (2) To secure safety from fire hazards,

panic and other dangers; (3) To promote health and the general

welfare; (4) To provide adequate light and air; (5) To prevent the overcrowding of land

·and water; (6) To avoid undue concentration of popu

lation; (7) To facilitate the adequate provision of

133.11 Applications to court for relief. 133.12 Permit, recording, hearing and inspec-

tion fees. 133.13 Appropriation. 133.14 Penalties. 133.15 Remedies. 133.16 Local law unaffected. 133.17 Adoption of resolution. 133.18 Local option.

transportation, water, sewage, schools, parks and other public requirements. Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land and water throughout such county.

mstory.-§3, ch. 67-310.

133.04 Codes.-Each board of county commissioners is authorized to adopt, change and enforce electrical, plumbing, building and such other codes deemed by the board to be necessary for the accomplishment of the purposes of this act and to employ and fix the compensation of inspectors of electrical, plumbing, buildings and any other work for the doing of which a permit shall have been issued; provided, however, that no code shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen days' notice of the time and place of such hearing shall be published in a newspaper of general circulation published in the county.

History.-§4, ch. 67-310.

133.05 Method of procedure.-Each board of county commissioners is authorized by resolution to establish the boundaries of such districts or zones, to promulgate regulations and restrictions to prevail therein, and from time to time to amend, supplement or change the same. However, no such regulation, restriction or boundary or change of same shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen days' notice of the time and place of such hearing shall be published in a newspaper of general circulation published in the county. The notice shall describe the district or districts, or zone or zones, to be affected with sufficient certainty to advise the property owners therein that their property is to be affected, but need not describe the proposed plans or details thereof. At the hearing all persons interested shall be heard for or against the proposal and any other plans or

509


modification thereof shall receive the consideration of the board of county commissioners. The hearing may be adjourned from time to time until some plan or proposal is adopted, or until all are rejected.

mstory.-§5, ch. 67-310.

133.06 Recording.-The board of county commissioners shall record in the official records of the county a certified copy of such resolutions adopted under this act.

mstory.-§6, ch. 67-310.

133.07 Administration.-The board of county commissioners of each county is authorized to appoint a zoning director and such other county employees as the board may determine to enforce and administer the provisions of this act and any order or resolution made under authority hereof.

mstory.-§7, ch. 67-310.

133.08 Planning and zoning board.-(1) Whenever the board of county com

missioners has determined to exercise the powers conferred by this act, it shall thereupon appoint a planning and zoning board to be composed of seven members, one member to be appointed from each county commissioner's district, and two members at large, to be known as the planning and zoning board, to recommend the boundaries of the various original districts and appropriate regulations to be adopted and enforced therein. Such planning and zoning board shall make a preliminary report and hold a public hearing thereon before submitting its final report, and the board of county commissioners shall not hold its public hearing or take action until it has received the final report of the planning and zoning board.

(2) The planning and zoning board shall from time to time make studies and recommendations for changes and amendments relating to the boundaries of the various districts and the regulations applicable thereto to the board of county commissioners. Any proposal or request for such a change or amendment shall first be filed with the planning and zoning board, and every such proposal or request shall be considered by the planning and zoning board after a public hearing as prescribed in §133.05 and transmitted thereafter to the board of county commissioners with the recommendation of the planning and zoning board, either favorable or unfavorable.

(3) The planning and zoning board shall act in an advisory capacity to the board of county commissioners and make such studies and investigations as requested by the board of county commissioners.

( 4) The planning and zoning board members shall serve a term of two years or until a successor is appointed, and be removable by a three-fifths vote of the board of county commissioners. Vacancies shall be filled for the unexpired term of any member whose seat becomes vacant. The planning and zoning board members shall serve without compensation but

shall be paid actual expenses incurred in performance of their duties as members of the planning and zoning board, which shall not exceed allowances as prescribed by state law.

mstory.-§8, ch. 67-310.

133.09 Board of adjustment.-(1) Whenever the board of county commis

sioners has determined to exercise the powers conferred by this act, it shall thereupon appoint a board of adjustment to be composed of five members, one member to be appointed from each county commissioner's district, and it shall be the duty of the board of adjustment, in appropriate cases and subject to appropriate conditions and safeguards, to make special exceptions to the terms of any regulation or restriction in harmony with the general purpose and intent, and in accordance with general or specific rules therein contained.

(2) The board of adjustment shall organize and adopt rules in accordance with the provisions of any resolution or regulation of the board of county commissioners adopted pursuant to this act. Meetings of the board shall be held at the call of the chairman or secretary and at such other times as the board may determip.e. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board, other than executive sessions, shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board of county commissioners of the county and shall be a public record.

(3) Appeals to the board of adjustment may be taken by any person, firm, corporation, association or other group or body aggrieved on account of any decision or act by any administrative official charged with the enforcement of the provisions of this act and of any regulations or restrictions made under authority of this act; provided, however, that no appeal to the board of adjustment shall lie from any act by such administrative official pursuant to an order or resolution of the board of county commissioners specifically directing him to perform such act. Such appeal may be taken within fifteen days, but not thereafter, after such act or decision by the administrative official and with the board of adjustment a notice of appeal, specifying the grounds thereof. The administrative official from whom the appeal is taken shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.

( 4) An appeal shall stay all proceedings concerning the matter appealed from, unless the administrative officia l from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with him, that, by reason of facts stated

510


in the certificate, stay, in his opinion, would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment, by the board of county commissioners or by the circuit court of the county, on notice to the administrative official from whom the appeal is taken and on due cause shown. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof by publication one time in a newspaper of general circulation in the county, as well as due notice to the parties in interest, and decide the question on appeal within a reasonable time. Upon the hearing on such appeal any person, firm, corporation, association or other group or body may appear or may appear by agent or attorney.

(5) The board of adjustment members shall serve a term of two years or until a successor is appointed, and be removable by a three-fifths vote of the board of county commissioners. Vacancies shall be filled for the unexpired term of any member whose seat becomes vacant. The board of adjustment board members shall serve without compensation but shall be paid actual expenses incurred in performance of their duties as members of the board of adjustment, which shall not exceed allowances as prescribed by state law.

Bistory.-§9, cb. 67-310.

133.10 Board of adjustment; powers and duties.-

(1) The board of adjustment shall have the following powers:

(a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, determination or action of any administrative official charged with the enforcement of the provisions of this act and of any regulations or restrictions made under au-

made or taken. To that end it shall have the powers of the administrative official from whom the appeal is taken. In order to reverse any decision or motion of such administrative official, the concurring vote of a majority of the members of the board of adjustment shall be necessary.

(3) The board of adjustment shall file with the board of county commissioners a full report of all proceedings had before it on each appeal and of its decision and any action taken thereon, within fifteen days after its decision or action, excluding Saturdays, Sundays and holidays. Any decision or action that may be taken by the board of adjustment shall be reviewed by the board of county commissioners, upon petition for review duly filed with the board of county commissioners. Such petition for review may be made by any person, firm, corporation, association or other group or body, jointly or severally, aggrieved by any decision or action of the board of adjustment. It is specifically provided, however, that petition for review may be filed with the board of county commissioners within thirty days after the filing with said board of the report of any decision or action made or taken by the board of adjustment, but no later.

(4) The board of county commissioners, of its own motion may, within thirty days after the filing with it of a report of any decision or action by the board of adjustment, but no later, review such decision or action.

(5) Upon review of a decision or action of the board of adjustment, the board of county commissioners may affirm or reverse the same, in whole or in part, and take, or direct to be taken, such further proceedings or action as in its judgment should be taken. Every decision or direction shall be recorded in the minute book of such board.

Bistory.-§10, cb. 67-310.

thority hereof, unless such order, requirement, 133.11 Applications to court for relief.-decision, determination or action shall have (1) Any person, firm, corporation, associa-occurred pursuant to an order or resolution tion or other group or body, jointly or severof the board of county commissioners specifi- ally, who may be aggrieved by any regulacally directing such administrative official con- tion, restriction or resolution adopted by the cerning the same; board of county commissioners pursuant to

(b) To authorize upon appeal in specific this act may apply to such board at any time cases such variances from the terms of the reg- for a modification or rescission thereof. If such ulations or restrictions as will not be contrary modification or rescission should be refused, to the public interest, where, owing to special any such person, firm, corporation, association conditions, a literal enforcement of the pro- or other group or body may, within thirty days visions thereof will result in unnecessary hard- after such refusal, but not thereafter, institute ship, and so that the spirit of the regulations original proceedings for relief in the circuit or restrictions shall be observed and substan- court of the county. Any person, firm, corporatial justice done. However, no use variances tion, association or other group or body, jointly shall be granted under this subsection. or severally, who may be aggrieved by any

(2) In exercising the above mentioned pow- decision of the board of county commissioners ers, the board of adjustment may reverse or made pursuant to a review of any decision or affirm, wholly or partly, or may modify any action of the board of adjustment may, within decision or action of any administrative of- thirty days after such decision, but not thereficial charged with the enforcement of the pro- after, institute original proceedings for relief visions of this act and of regulations or re- in the circuit court of the county. strictions made under authority of this act, and (2) There shall be no right to apply to the may make such decision or take such action court for relief on account of any order, reas such administrative official should have quirement, decision, determination or action of

511


any administrative official unless there shall first have been an appeal therefrom to the board of adjustment and a review of its decision or action taken thereon by the board of county commissioners, or on account of any decision or action of the board of adjustment unless there shall first have been a review thereof by the board of county commissioners, all as provided for in this act. It is the intention of the legislature that all steps as provided in this act with regard to appeal and review shall be taken before any application may be made to the court for relief from matters or things appealable and reviewable hereunder, and that relief through the courts shall be had only from decisions, regulations, restrictions and resolutions made by the board of county commissioners.

Bistory.-§11, ch. 67-310.

133.12 Permit, recording, hearing and inspection fees.-The board of county commissioners is authorized to fix by resolution reasonable permit, recording, hearing and inspection fees to be charged by the county for such permits, recordings, hearings, examinations and inspections as the board may determine are necessary in the administration of the provisions of this act. Such fees shall be deposited in the general fund of the county.

Bistory.-U2, ch. 67-310.

133.13 Appropriation.-The board of county commissioners of any county electing to exercise the powers conferred by this act is authorized to appropriate and pay out of the general fund of such county, annually, such moneys as in the judgment of the board may be necessary for the purpose of defraying the expense of zoning such county, and operating and administering the provisions of this act and all resolutions promulgated hereunder.

Bistory.-§13, ch. 67-310.

133.14 Penalties.-Any person, firm, corporation, association or other group or body who shall violate any of the codes, regulations, restrictions and limitations promulgated under

the authority of this act is guilty of a misdemeanor.

Bistory.-§14, ch. 67-310.

133.15 Remedies.-The violation of any of the codes, regulations, restrictions and limitations promulgated under the provisions of this act may be restricted by injunction, including a mandatory injunction, and otherwise abated in any manner provided by law, and such suit or action may be instituted and maintained by the board of county commissioners, or by any person, firm, corporation, assosiation or other group or body affected by the violation of any such regulation, restriction or limitation.

Bistory.-§15, ch. 67-310.

133.16 Local law unaffected.-It is declared to be the legislative intent that nothing contained in this act shall be construed as repealing or affecting in any manner or to any extent whatsoever the provisions of any existing special or local law or general law of local application, or any existing county ordinance.

Bistory.-§16, ch. 67-310.

133.17 Adoption of resolution.-The provisions of this law shall become effective in a county of this state immediately upon the adoption by the board of county commissioners of such county of a resolution declaring that such county is subject to the provisions of this law.

Hlstory.-§17, ch. 67-310.

133.18 Local option.-This law is and shall be construed as a local option law; and none of the powers and privileges herein and hereby granted and authorized shall be exercised by the county commissioners, or by a county, seeking to exercise such powers and authority, unless and until a majority of the qualified electors of such county living and residing outside of incorporated towns, cities, and municipalities, by referendum called by the county commissioners, shall, by their vote, authorize the county commissioners to exercise such powers and authority. Such referendum shall be held at any general or special election designated by the county commissioners.

Bistor;r.-§18, ch. 67-310.

512

Ch. 135 COUNTY BUILDINGS; ERECTION, ETC. Ch. 135

CHAPTER 135

COUNTY BUILDINGS; ERECTION, MAINTENANCE, LEASE

135.01 County building; tax.

135.01 County building; tax.-Whenever any board of county commissioners shall deem it necessary to erect or repair any courthouse, jail, or other county building, erect an addition or additions to any courthouse, jail or other county building, they shall give notice for thirty days in some newspaper published in said county, or in some newspaper published in the judicial circuit, if there be none published in the county, that at the next regular meeting of the board after the publication of the said notice, such question or questions, wifl be acted upon by said board. If, at said meeting, a majority of said board shall determine that it is necessary to erect, repair, or build addition or additions to, such building or buildings, they may levy a building tax not exceeding five mills per annum, for not more than thirty consecutive years in lieu of all other county building tax. The tax levied shall be assessed and collected at the same time and in the same manner as other state and county taxes are levied and collected.

Hlstory.-§1, cb. 3421, 1883; RS 609; GS 808; §1, cb. 6698, 1907; RGS 1556; §1, ch. 9333, 1923; CGL 2384; §1, ch. 25469, 1949; § 1, ch. 31402, 1956.

135.02 Contract for building.-The contract

135.02 Contract for building,

for the building of such courthouse or other public building or buildings, or repairs or additions to such courthouse or other public building or buildings, shall be in writing and shall be filed in the office of the clerk of the circuit court, and the said contract shall provide that the whole amount due under such contract shall not be paid until the said building or buildings, repairs or additions shall have been inspected and accepted by the county commissioners; and not less than ten per cent of the original contract price shall remain unpaid until such final inspection and acceptance of the work by the county commissioners; providing however, that such inspection by the county commissioners shall be completed within thirty days after the supervising architect, engineer or agency shall certify that the contract has been completed and further that any unpaid amount of the contract price shall become due and payable on the thirty-first day after such certification providing that inspection by the county commission shall not reveal sufficient cause to prevent acceptance by the county commission.

Hlstory.-§ §2, 3, ch. 3421, 1883; RS 610; §1, ch. 4590, 1897; GS 809; RGS 1557; §2, ch. 9333, 1923; CGL 2385; §1, ch. 59-136.

513

Ch. 136 COUNTY DEPOSITORIES Ch. 136

CHAPTER 136

COUNTY DEPOSITORIES

136.01 Banks to be county depositories. 136.02 Method of qualifying as depository; se

curities to be deposited; pro rata division of deposits.

136.03 County funds to be paid into depositories; triplicate receipts to be issued.

136.04 Depositories to keep demand and time deposits separate; how interest on deposits credited.

136.01 Banks to be county depositories.Any bank, national or state, authorized to do business in this state which will, as to the various funds hereinafter referred to, offer satisfactory inducement as to security as herein provided is hereby created and designated a county depository for the funds for which such secur ity shall be furnished and may receive such public funds in the manner and method hereinafter provided. The funds hereinabove referred to shall include: county funds, funds of all county officers, and funds of the county board of public instruction; the enumeration of said funds being herein made, not by way of limitation, but of illustration, and it being the intent hereof that all funds of such county or of the board of county commissioners or the several county officers or of the board of public instruction of such county, shall be included.

H lstory.-§2, ch. 6932, 1915; RGS 1559; §1, ch. 8527, 1921; COL 2404; §1, ch. 14691, 1931 ; §1, ch. 19549, 1939; §7, ch. 24337, 1947; §10, ch. 26484, 1951 ; §1, ch. 59-23 . cf.-§237 .32 Provisions as to depositories of school funds.

136.05

136.06 136.07

136.08

County boa-rd to keep set of books; overdrawing prohibited.

How funds drawn from depositories. Depositories to make reports; board to

publish monthly statements. Accounts subject to examination by

authorized persons.

instruction of such county, and shall be entitled to its or their pro rata share of the deposits of the board of public instruction of such county; provided, however, that in counties in which the number of qualified depositories exceeds thirty-two, such bank or banks shall be entitled to bid on the basis of rate of interest paid for the placement of such funds with it or them, to the extent of their security for public deposits, and such boards shall be obligated to deposit funds only in such bank or banks paying a rate of interest acceptable to such boards herein mentioned; provided, however, that such boards shall not deposit more than twenty per cent of the total funds in any one institution but in case no bank within the county should qualify, then the said board of public instruction shall divide such deposits among the banks in some other county or counties which have qualified as county depositories as herein provided; provided, howe:re~, that nothing herein contained shall prohibit boards of public instruction from rec-

136.02 Method of qualifying as depository; ognizing and accepting the insurance coversecurities to be deposited; pro rata division of age afforded by the federal deposit insurance deposits.- corporation, which is now recognized by

(1) Any bank as described in §136.01 de- §659.24(2) nor the payment of interest on any siring to become a county depository as herein funds under the terms of such agreement as provided shall make satisfactory deposit with rna~ .he entered into between the proper deor to the credit of the comptroller of the state, positmg boards and the banks, provided the of securities of the kind herein authorized ap- payment of such interest is permitted by state proved by the comptroller and in an amount or federal law. If at any time a bank ceases to be determined by the comptroller, condi- to be qualified as a county depository, the comptioned that said bank insure the safekeeping, tro~ler shall revoke the certificate of qualifiproper accounting for and payment over to catwn of such bank and shall advise the board the proper authority of all money that may of public instruction of such county of such recome into its possession by virtue of its acting vocation and until again qualified hereunder as said depository, and further conditioned such bank shall not be eligible to receive or that it will in all respects duly and faithfully retain deposits of any of the funds herein menperform the duties imposed upon it by reason tioned. of acting as such depository. When a bank or (2) On the first day of each month each banks in the county offer satisfactory induce- county official and board maintaining funds on ment as to security as herein provided, the deposit in any such bank shall make and file comptroller of the state shall issue his cer- with the clerk of the circuit court of such tificate showing that said bank has qualified county a written report setting forth the balas a county depository, and the securities de- ance of each fund on deposit in each bank in posited by such bank as herein provided shall which such funds are deposited as of the close secure all funds, jointly and severally, that of business of the preceding month, and setshall be deposited in such banks by the boards ting forth the estimate of such officer or board of public instruction of the several counties. ?f the highest balance e~pected to be on deposit When a bank or banks in the county qualify m each such bank durmg the ensuing month. as a county depository as herein provided, such Not later than the fifth of each month the bank or banks shall be eligible to receive clerk of the circuit court shall consolidate the deposits of the funds of the board of public reports of all of said officers and boards as to

514


each such bank and shall file such consolidated report with the comptroller of the state.

(3) If at any time after a bank has qualified as a county depository as herein provided, the security furnished by it becomes insufficient or inadequate, the comptroller of the state shall have authority, on such terms, conditions, and penalties as he may prescribe, to require other securities of the kind herein authorized in such additional amounts to be provided as he may deem necessary. If, at any time after a bank has qualified as a county depository as herein provided, the security furnished by it becomes, by reason of decreases in balances or deposits, more than sufficient to meet the requirements, the comptroller shall have the authority to authorize the security to be decreased to not less than the amount necessary to provide adequate safeguards for the funds deposited.

( 4) The securities to be deposited by such banks desiring to qualify as a county depository hereunder shall consist of securities which are eligible for investment by any state bank authorized to do business in the state; provided, however, that except as to bonds or other obligations of the United States or bonds or other obligations the payment of whose principal and interest is guaranteed by the United States or federal certificates of indebtedness and Florida state and county bonds and Florida municipal general obligation bonds, the securities herein referred to shall be rated in one of the four highest classifications by a nationally recognized investment rating service.

(5) The fact that a county or municipal officer or member of a public board or body, including a county school officer and an officer of any district within a county is a stockholder or an officer or director of a bank will not bar such banks from qualifying as a depository of funds coming under the jurisdiction of any such county or municipal officer, provided it shall appear in the records of the state or county agency that the governing body of such agency has investigated and determined that such county officer or member of a public board or body as aforesaid has not favored such bank or banks over other qualified banks and that there is no violation of subsection (1).

Blstory.-§3, ch. 6932, 1915; RGS 1560; CGL 2405; §2, ch. 14691, 1931; §2, ch. 19549, 1939; §2, ch. 59-23; §1, ch. 59-306; §1, ch. 61-165; §1, ch. 63-112; §1, ch. 65-176; §1, ch. 67-575. cf.-§237 .32 Provisions as to depositories of school funds.

§659.21 Security ot deposits.

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 bank or banks qualified to receive the same. Each bank receiving any money, as provided in this chapter, shall make receipt for same in triplicate, one copy of which the said banks will carefully preserve and keep, one copy to be given to the person from whom money was received and one copy

to be given to the board for which said money was received.

History.-§4, ch. 6932, 1915; RGS 1561; CGL 2406. cf.-§237.32 Provisions as to depositories of school funds.

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 banks 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 bank 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.

Hiatory.-§5, ch. 6932, 1915; RGS 1562; §2, ch. 8527, 1921; CGL 2407; §3, ch. 59-23. cf.-§237 .32 Provisions as to depositories of school funds.

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.

Hlstory.-§6, ch. 6932, 1915; RGJ 1563; CGL 2408. cf.-§237 .32 Provisions as to depositories of school funds.

136.06 How funds drawn from depositories. -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; provided, however, that money under the control of any board of public instruction may be withdrawn as may be otherwise provided by law.

Bistory.-§7, ch. 6932, 1915; RGS 1564; CGL 2409; §4, ch. 59-23. ct.-§ 237.32 Provisions as to depositories af school funds.

§129.08 County commissioners voting to pay lliegal claims, etc.

§129.09 County auditor not to sign lliegal warrants.

136.07 Depositories to make reports; board to publish monthly statements.-Any bank acting as depository shall, at the end of each and every month, file with each board and officer for which it is a depository, and with the

515


comptroller of the state, a report, as to each account on deposit with it, showing the balances on hand at the beginning of the month, all sums received and paid out during the month, balances on hand at the end of the month, and shall return with said report all checks or warrant or warrants properly cancelled which the said bank has paid during the month; each board shall make and publish a statement monthly and at such other time as now required, or at such other times as may be required by the comptroller or the board of county commissioners and other such reports and statements regarding the conditions of each

516

and every fund, as now or as may be hereafter required by law.

Bistor;r.-§8, ch. 6932, 191G; RGS 1565; COL 2410; §6, ch. 69-23. ct.-§237.32 Provisions as to depositories of school funds.

136.08 Accounts subject to examination by authorized persons.-The accounts of each and every board and the county accounts of each and every bank acting as depository, mentioned or provided for in this chapter, shall at all times be subject to the inspection and examination of the county auditor, the state auditor and the state comptroller or persons designated by him.

Bistory.-§9, ch. 6932, 1915; RGS 1566; CGL 2411 . c:f.-§237 .32 Provisions as to depositories of school funds.

Ch. 137 BONDS OF COUNTY OFFICERS Ch. 137

CHAPTER 137

BONDS OF COUNTY OFFICERS

137.01 Bonds required by county officers. 137.02 Bond of tax collector. 137.03 Bonds of other county officers. 137.04 County commissioners to give bond. 137.05 Duty of county commissioners. 137.06 Failure to give new bond; misfea

sance.

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 comptroller, and be filed with the secretary of state. cJ.ll."~%_~:-§1, ch. 3724, 1887; RS 616; GS 822; RGS 1668;

cf.-§237.31, for provisions as to bonds of school offtclals.

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 comptroller as to amount and surety. 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.

Hlstory.-§6, ch. 3724, 1887; RS 617; GS 823; RGS 1669; U, ch. 10033, 1925; CGL 2417.

137.03 Bonds of other county officers.-The county surveyor of each county shall give a bond in the sum of one thousand dollars. The county assessor of taxes shall give a bond the amount of which to be fixed by the board of county commissioners at not less than one thousand nor more than ten thousand dollars. 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 assessor at any one time.

Hlstory.-§7, ch. 3724, 1887; §1, ch. 3844, 1889; RS 618-619; GS 824; RGS 1570; COL 2418; §1, ch. 28294, 1953. cf.-§237.31, Bonds of school otnclals.

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 two thousand dollars, conditioned for the faithful performance of the duties of his office, which bond shall be approved by the board of county commissioners and the comptroller of the state. The premium of the bonds given with surety companies as sureties shall be paid out of the county treasury.

Hlstory.-§1, ch. 6477, 1913; RGS 1671; CGL 2419. cf.-§237.31, Bonds of school otnclals.

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 com-

panies.

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.

Hlstory.-§2, ch. 4413, 1896; GS 826; RGS 1572; CGL 2420. cf.-§237.31, Bonds of school otnclals.

137-06 Failure to give new bond; misfeasance.-Upon the failure of any state or county officer to give the new bond required by §137.05, within sixty 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 §15 of Art. IV of the 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.

Hlstory.-§3, ch. 4413, 1896; GS 826; RGS 1573; CGL 2421. cf.-§237.31, Bonds of school officials.

137.07 Failure to perform duties.-If the comptroller of the state, or the boards of county commissioners of the various counties, shall fail to perform the duties required by §§17.19, 137.05, and 237.31, 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.

Hlstory.-§4, ch. 4413, 1896; GS 827; RGS 1674; CGL 2422.

137.08 Sums for which sureties may be bound.-In every bond in which the amount of the bond shall not exceed one thousand dollars, there shall be at least two sureties, each bound for the full amount of the bond.

517

Ch. 137 BONDS OF COUNTY OFFICERS Ch. 137

In every bond so specified in which the amount of the bond shall exceed one thousand dollars, 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.

Hlstory.-§9, ch. 8724, 1887; RS 620; GS 828; RGS 1676; CGL 2423. cf.-§237.31, Bonds of school omcla!B.

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 unincumbered and not

exempt 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 comptroller when they and he are satisfied in their judgment that the same is legal, sufficient and proper to be approved.


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.

Hlstory.-GS 830; RGS 1677; CGL 2426. cf.-§237.31, Bonds of school omclals.

518

Ch. 138 COUNTY SEATS Ch. 138

CHAPTER 138

COUNTY SEATS

138.01 Petition to change county seat. 138.02 Commissioners to order election. 138.03 Conduct and return of election. 138.04 Names of towns, etc., for county seat to

be filed with clerk. 138.05 Form of ballot. 138.06 Canvass and result of election; con

tests. 138.07 Second election when no place receives

majority vote.

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.

Hlstory.-§1, ch. 1890, 1872; RS 622; GS 831; §1, ch. 6289, 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 §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 thirty 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.

Hlstory .-§2, ch. 1890, 1872; RS 628; GS 832; §2, ch. 6289, 1911; RGS 1679; CGL 2427.

138.03 Conduct and return of election.All 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.

Hlstory.-§3, ch. 1890, 1872; RS 624; GS 833; §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 fifteen days before the date set for holding said election.

Hlstory.-§4, ch. 6239, 1911; RGS 1681; 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 §138.04 have been furnished 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

138.08 The two places receiving highest vote to be placed on ballot in second election.

138.09 Canvass of votes of second election; establishing county seat.

138.10 Counties having constructed a new courthouse within twenty years.

138.11 Unlawful use of money in election to change county seat.

requirements of this section shall, in so far as practicable, be adapted to the use of said voting machines.

Hlstory.-§6, ch. 6239, 1911; RG!J 1682; CGL 2430.

138.06 Canvass and result of election; contests.-The county commissioners shall, not later than five 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 ten 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 b11 incidental to the principal relief sought; provided, that such action shall be brought within three years from the time of such election.

Hlstory.-ch. 3301, 1881; RS 625 ; GS 834; §6, ch. 6239, 1911; §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 §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 thirty days of the first election, and in the same manner and places as prescribed for the first election.

History.-§7, ch. 6289, 1911; RGS 1584; CGL 2432.

519

Ch. 138 COUNTY SEATS Ch. 138

138.08 The two places rece1vmg highest vote to be placed on ballot in second election.Should the second election, as provided for in §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 places receiving the highest vote in the same, and no other places shall be voted for nor shall the vqte of any other place or places be counted or considered by the county commissioners in canvassing the result of such election.

Hlstory.-§8, ch. 6239, 1911; RGS 1686; CGL 2433.

138.09 Canvass of votes of second election; establishing county seat.-The county commissioners shall, within five days after the election provided for in §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 ten years, and the said county commissioners shall erect, as soon as possible, a courthouse and jail, and provide suitable of:.ces for all the county of-

:fleers who are required by law to keep their offices at the courthouse at the place so selected as the county seat aforesaid.

History.-§9, ch. 6239, 1911; RGS 1686; CGL 2-i34.

138.10 Counties having constructed a new courthouse within twenty years.-The provisions of this chapter shall not apply to any county having constructed a new courthouse within the past twenty 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.

Hlstory.-§10, ch. 6239, 1911; §1, ch. 6480, 1918; 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, upon conviction thereof, be imprisoned in the state prison not exceeding two years.

Hlstory.-§10, ch. 6239, 1911; §1, ch. 6480, 1918; RGS 6904; CGL 8168. cf.-§775.06 Alternative punlsbment.

520

Ch. 142 FINE AND FORFEITURE FUND, COUNTY Ch. 142

CHAPTER 142

FINE AND FORFEITURE FUND, COUNTY

142.01 142.02 142.03

142.04 142.05 142.06 142.07 142.08 142.09 142.10

Fine and forfeiture fund contents. Levy of a special tax. Disposition of fines and forfeitures; re-

ports. Clerk to issue certificate. Clerk not entitled to fee. Fo,rm of pay roll. Pay rolls. Clerk respons,ible. If defendant is not convicted, or dies. Officer to make out accounts as direct-

ed.

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, 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 with the provisions of this chapter.

Hlstory.-§1, ch. 4323, 1895; §1, ch. 4672, 1899; GS 961; RGS 1774; CGL 2825. cf.-§9, Art. XVI Florida constitution.

142.02 Levy of a special tax.-The board of county commissioners of every county may levy a special tax, not to exceed two 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.

Hlstory.-§1, ch. 4323, 1895; §1, ch. 4672, 1899; GS 962; RGS 1775; CGL 2826.

142.03 Disposition of fines and forfeitures; reports.-All fines imposed under the penal laws of this state, and the proceeds of all forfeited bail bonds or recognizances, 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 justices of the peace and clerks of county criminal courts, circuit courts, and the county judges, once in each month, within thirty 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 justice of the peace, county judge, clerk of the criminal court or circuit court, shall fail to make such report for any month the board of county commis-

142.11

142.12

142.13 142.15 142.16 142.17 142.18

Powers and duties of county commissioners.

County commissioners to audit; how P'ayable.

Right of officer to test validity. Prisoner confined in different county. Change of venue. Comptroller to prepare blanks. Duty of county commissioners.

sioners shall immediately report to the governor any such failure or refusal of such justice of the peace, county judge, clerk of county, county criminal and circuit court to make such monthly report, 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.

History.-§2, ch. 4323, 1895; §1, ch. 5155, 1903; GS 963; RGS 1776; CGL 2827.

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.-§§1, chs. 4323, 4326, 1895; GS 964; RGS 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 herei11 imposed. Said clerk shall make out a pay roll 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 pay roll.

History.-§§1, chs. 4323, 4326, 1895; GS 965; CGL 2829; §1, ch. 20416, 1941.

142.06 Form of pay roll.-The form of this pay roll 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.-§§1, chs. 4323, 4326, 1895; GS 966; RGS 1779; CGL 2830.

521


142.07 Pay rolls.-Where the witness on behalf of the state appears in any case in ~o~nty courts county judge's courts or county crimmal courts' of record, the clerks of said courts shall make out pay rolls as prescribed in the precedi~g section. Said pay rolls shall be sworn to b~ sai.d 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 pay roll he shall issue certificates to each witness legally and properly on said pay roll 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.

History.-§5, ch. 4323, 1895; GS 967; RGS 1780; COL 2831; §1, ch. 24306, 1947.

142.08 Clerk responsible.-If any portion of said certificates are rejected by the county commissioners the clerk of the court where the witness appeared shall be held res~onsible for the same and if immediate payment IS not made by said 'clerk, the county commissioners shaH deduct the amount rejected from any fees going to said clerk.

Histor:r.-§6, ch. 4323, 1896; GS 968; RGS 1781; CGL 2832.

142.09 If defendant is not convicted, or dies. -If the defendant is not convicted, or the prosecution is abated by the death of the defendant or if the costs are imposed on the defenda~t and execution against him is returned no property found, or if a nolle prosse be entered in each of these cases the fees of witness~s and officers arising from criminal causes shall be paid by the county in. the manner specified in §§142.10-142.12; provided, .that when a committing magistrate holds to ball or commits a person to answer to a criminal ~ha!ge and an information is not filed or an Indictment found against such person, the costs a~d fees of such committing trial shall not be paid by the county, except the costs of executing the warrants.

Hlstory.-§§3, 7, ch. 4323, 1896; GS 970; RGS 1782; CGL 2833. cf.-§939.14 County not to pay cost.

142.10 Officer to make out accou!'ts as directed.-The officer shall make out his account against the county in such fo~ as the cou_nty commissioners may require, statmg 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 §142.09, make the fees a good claim against the county, including all legal charges and costs before justices of the peace, and present the same to the board of county commissioners, with the affidavit that the same is correct.

Hlstory.-§8, ch. 4323, 1896; §2, ch. 4672, 1899; GS 971; RGS 1783; CGL 2834. ct.-§939.08 costs to be certified by county commissioners before

audit.

142.11 Powers and duties of county commissioners.-The county commissioners may re-

ject 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.


142.12 County commissioners to audit; how payable.-The county commissioners shall audit all bills 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.


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 one year after its final rejection by the county commissioners.


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.

Hlstory.-§9, ch. 4323, 1896; ch. 4527, 1897; GS 977; RGS 1788; CGL 2839.

142.16 Change of venue.-In 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 inquests shall be a charge upon the county where the inquest is held, and shall be payable from the general revenue fund of the county.

Hlstor:r.-§10, ch. 4323, 1895; GS 978; RGS 1789; CGL 2840.

522


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.


142.18 Duty of county commissioners.-The county commissioners of the respective counties shall adopt forms furnished in accordance with §142.17, and have printed a sufficient number of said blanks for the use of the officers of their respective counties.


523

Ch. 143 COUNTY SURVEYOR Ch. 143

CHAPTER 143

COUNTY SURVEYOR

143.01 Duties of the county surveyor. 143.02 Oath.

143.01 Duties of the county surveyor.-The county surveyor shall make accurate surveys of all lands in his county which he shall be requested to survey by any person claiming the same or an interest therein, or which he may be required to survey by an order of the court, and he shall make a plat of same, if requested.

Hlstory.-§§1, 2, ch. 56, 1845; RS 646; GS 987; RGS 1800; CGL 2851. ct.-§ 100.041 Officers chosen at general elections.

§137.01 Bonds required of county officers. §137.03 Bonds required of other county officers.

143.02 Oath.-The said surveyor shall take an oath before any officer authorized to administer the same, faithfully to perform the duties of his office; and the surveyor shall swear his chain bearers.


143.03 Deputies. 143.04 Fees.

143.03 Deputies.-The county surveyor may appoint deputies, and all acts of a deputy surveyor so appointed shall be of the same force and validity as though uone by the county surveyor in person; and the county surveyor shall be responsible for the acts of his deputy.

Hlstory.-§§1, 3, ch. 3437, 1883; RS 648; GS 989; RGS 1802; CGL 2853.

143.04 Fees.-The county surveyor shall be entitled to the following fees, viz.: For every day's actual service, he shall receive five dollars per day from the day he leaves his home until the survey is finished; and the person employing such county surveyor shall pay the chain bearers.

Hlstory.-§1, ch. 717, 1855; RS 649; GS 990; RGS 1803; CGL 2854. cf.-§116.06 Certain officers not required to report fees.

524

Ch. 145 COMPENSATION OF COUNTY OFFICIALS Ch. 145

CHAPTER 145

COMPENSATION OF COUNTY OFFICIALS

145.011 Legislative intent. 145.09 Supervisor of elections. 145.021 Definitions. 145.10 Tax as·sessor. 145.031 Board of county commissioners. 145.11 Tax collector. 145.041 Board of public instruction. 145.12 Record and report of fees collected; 145.051 Cle.rk of circuit court. disposition of excess fees. 145.061 County judge. 145.13 Construction of chapter 145. 145.071 Sheriffs. 145.14 Compensation of county officials who 145.08 Superintendent of public instruction. are paid by fees or commissions.

145.011 Legislative intent.- lace; the existence or nonexistence of national (1) In eompliance with §§20 and 21, Art. and state parks, military installations, forests,

III, of the state eonstitution, it is the intent of institutions and other governmental ownership the legislature to provide for the annual comof property and facilities; amount of taxes pensation of the several county officers by this levied and collected; the amount of work relaw of general and uniform operation based quired to be done for the state; the existence upon a reasonable classification of counties for or nonexistenee of other governmental units said purpose. The legislature understands that or officers (special districts, eonstables, municithe word "general" means "whole, class or pal tax assessors and collectors, etc.); and total," and that the word "uniform" means the number of persons employed by the govern-"equal, not arbitrary and discriminatory." mental units or officers.

(2) In consideration of the criteria set (4) The legislature finds that the func-forth in subseetions (3) and (4), the legisla- tions, powers, duties and responsibilities vary ture finds and determines that the funetions, as between county offieers within any particupowers, duties and responsibilities vary as be- lar eounty and as between the same county tween county officers within any particular officer in the several counties in the following county and as between the same county officer respects : in the several counties; that each county varies (a) Board of county commissioners.-Exfrom each of the other eounties and thereby tent and complexity of duties; operation of affects the functions and duties required of its county hospitals; libraries; airports; watercounty officers. The legislature further de- works; sewerage systems; seaports; and other termines that it is the duty and responsibility facilities; and governmental funetions perof the legislature to fix and determine the an- formed. nual compensation of the several county of- (b) Board of public instruction.-Pupil enficers by general law; that the legislature may, rollment; size of sehool system; educational however, classify counties of the state for the requirements of the area; projected rate and purpose of fixing the annual compensation of type of area growth; educational curricula ofcounty officers and in consideration of the cri- fered; special educational programs underteria set forth in subsections (3) and (4), the taken; number of transient pupils in system; classification set forth in §§145.031-145.11 total revenues available. represents a reasonable elassification of the (c) Clerk of circuit court.-Complexity and counties of the state for said purpose, and the volume of judicial administration; jurisdietion legislature does establish for the several of courts served; volume of civil and criminal county officers the eompensation provided in litigation; types and number of reports made §§145.031-145.11. and records kept; recording of instruments of

(3) The legislature finds that each county public record; duties as auditor and clerk for varies from each other county and thereby af- board of county eommissioners; issuanee of fects the duties and functions required of its venire; duties as delinquent tax collector. several county officers in the following re- (d) County judge.-Volume and compiexity spects : of criminal and civil caseload; extent and na-

(a) Population.-The number of persons; ture of statutory jurisdiction; volume of litithe number of families; the amount of per- gation; administration of issuance of lieenses; sonal ineome; the number of children, adults, duties as eoroner; issuance of search and ar-aged and infirm; the number of motorists; the 1 •ty f · d" 1 d .. distribution of population·, the number and ex- rest warrants; comp exi o JU lCla a nnms-

tration. tent of the metropolitan and congested areas; the number of transients; (e) Sheriffs.-Crime rate; traffic patterns;

(b) Area.-The number of square miles; ratio of county and state roads to municipal the geographical location within the state; roads; existence or nonexistence of road pathe amount of lake and ocean front; the number trol; operation of water patrol; soeio-economic of pieces of property; the extent of improved makeup of area; ratio of municipalities to rest property; of eounty; number and strength of municipal

(c) Economically.-The economic develop- police departments; number of courts in area; ment; the type of industry; the dynamics; the criminal and civil judicial administration. potential; and (f) Superintendent of public instruction.-

( d) Government.-The services, govern- Number of employees supervised; pupil enrollmental and proprietary, required by the popu- ment; size of school system; edueational re-

525


quirements of the area; projected rate and type of area growth; educational curricula offered; special educational programs undertaken; number of transient pupils in system; total revenues available.

(g) Supervisor of elections.-Number of registered voters; complexity of administration; number of absentee ballots voted; number of freeholders; number of special elections held; voting equipment and facilities.

(h) Tax assessor.-Number of parcels; number of exemptions claimed; assessment and reassessment; varying character of lands; special district assessment; municipal assessments.

(i) Tax collector.-Number of parcels; special district collections; number of automobile registrations; number of occupational licenses; complexity of administration.

(5) Any board of county commissioners may, with the concurrence of any county officer receiving compensation from fees, by resolution guarantee and appropriate a salary in lieu of fees, provided that such salary shall not exceed the net income prescribed herein and all fees collected by such officer are turned over to the board of county commissioners. A copy of any such resolution adopted shall be filed with the comptroller and state auditing department.

Wstory.-§1, ch. 61-461; f1, ch. 67-576.

145.021 Definitions.-For the purpose of this chapter, the following words have the meaning indicated:

(1) Compensation means the annual salary or net income, as determined by applicable law.

(2) Net income means the residue from fees and commissions, not to exceed the amounts indicated, of a county officer receiving fees and commissions after deducting all reasonable expenditures for his employees' salaries and the necessary expenditures for the proper operation of his office.

(3) Salary means stated remuneration to be paid in equal installments.

Wstory.- §1, ch. 61-461. Note.-slmllar provisions tn former §145.03.

145.031 Board of county commissioners.The members of the board of county commissioners of the following named counties shall receive as compensation the amounts indicated:

(1) Alachua , $4,800.00 (2) Baker 2,100.00 (3) Bay 5,200.00 ( 4) Bradford 1,800.00 (5) Brevard 9,500.00 (6) Broward 7,500·.00 (7) Calhoun 2,100.00 (8) Charlotte 4,200.00 (9) Citrus 4,200.00 (10) Clay 2,400.00 (11) Collier 4,800.00 (12) Columbia 3,000.00 (13) Dade Home rule (14) DeSoto 1,200.00 (15) Dixie 3,120.00 (16) Duval 13,200.00

526

(17) Escambia 8,200.00 (18) Flagler 1,800.00 (19) Franklin 2,400.00 (20) Gadsden -------- 1,800.00 (21) Gilchrist 1,500.00 (22) Glades 1,800.00 (23) Gulf 2,400.00 (24) Hamilton ------- 1,500.00 (25) Hardee 2,400.00 (26) Hendry 2,400.00 (27) Hernando 3,000.00 (28) Highlands 3,600.00 (29) Hillsborough 16,000.00 (30) Holmes 2,100.00 (31) Indian River ------ 3,600.00 (32) Jackson 3,000.00 (33) Jefferson------- 2,400.00 (34) Lafayette 1,700.00 (35) Lake --------- 6,600.00 (36) Lee 5,700.00 (37) Leon ------- 4,800.00 (38) Levy 2,100.00 (39) Liberty -------- 2,400.00> (40) Madison 2,400.00 ( 41) Manatee 8,000.00 ( 42) Marion -------- 4,200.00 ( 43) Martin 3,600.00 (44) Monroe 5,700.00 (45) Nassau-------- 2,400.00 ( 46) Okaloosa chairman 6,200.00

member 5, 700.00 (47) Okeechobee 1,800.00 ( 48) Orange 10,000.00 (49) Osceola 3,600.00 (50) Palm Beach 11,500.00 (51) Pasco 6,000.00 (52) Pinellas 7,500.00 (53) Polk 12,000.00 (54) Putnam 3,600.0Q (55) St. Johns 3,600.00 (56) St. Lucie 2,700.00 (57) Santa Rosa 4,800.00 (58) Sarasota 6,200.00 (59) Seminole 5,000.00 (60) Sumter 2,400.00 (61) Suwannee 1,800.00 (62) Taylor 3,000.00 (63) Union 1,800.00 (64) Volusia 10,000.00 (65) Wakulla 2,400.00 (66) Walton 2,700.00 (67) Washington 2,100.00

Wstory.-§1, ch. 61-461; §1, ch. 63-560; 11, ch. 65-356; 11, ch. 67-543; §2, ch. 67-57a.

145.041 Board of public instruction.-The members of the board of public instruction of the following named counties shall receive as compensation the amounts indicated:

(1) Alachua $1,200.00 (2) Baker 1,500.00 (3) Bay 2,400.00 (4) Bradford 1,800.00 (5) Brevard 2,400.00 (6) Broward 3,000.00 (7) Calhoun 1,500.00 (8) Charlotte 1,200.00 (9) Citrus 2,400.00


(10) Clay 2,400.00 (11) Collier 1,800.00 (12) Columbia 1,200.00 (13) Dade--------- Home rule (14) DeSoto chairman 1,200.00

member 900.00 (15) Dixie 2,400.00 (16) Duval 3,000.00 (17) Escambia 1,200.00 (18) Flagler 1,200.00 (19) Fra nklin 1,200.00 (20) Gadsden 1,200.00 (21) Gilchrist 1,200.00 (22) Glades 1,200.00 (23) Gulf _ _ 2,400.00 (24) Hamilton 1,500.00 (25) Hardee 2,400.00 (26) Hendry 2,100.00 (27) Hernando 2,100.00 (28) Highlands 1,200.00 (29) Hillsborough 2,400.00 (30) Holmes 1,500.00 (31) Indian River 1,200.00 (32) Jackson 900.00 (33) Jefferson 2,400.00 (34) Lafgyette 1,600.00 (35) Lake 1,200.00 (36) Lee 1,800.00 (37) Leon 3,000.00 (38) Levy 720.00 (39) Liberty 2,400.00 ( 40) Madison 1,500.00 ( 41) Manatee 2,400.00 ( 42) Ma rion 2,100.00 (43) Martin 1,800.00 ( 44) Monroe 1,800.00 (45) Nassau 1,800.00 (46) Okaloosa 3,600.00 ( 47) Okeechobee 1,200.00 ( 48) Orange 1,200.00 (49) Osceola 1,200.00 (50) Palm Beach 3,000.00 (51) Pasco 3,000.00 (52) Pinellas 2,400.00 (53) Polk chairman 4,200.00

member 3,600.00 (54) Putnam 1,200.00 (55) St. Johns 1,200.00 (56) St. Lucie 1,800.00 (57) Santa Rosa 2,400.00 (58) Sarasota 900.00 (59) Seminole 1,500.00 (60) Sumter 1,800.00 (61) Suwannee 1,800.00 (62) Taylor 2,400.00 (63) Union 1,500.00 (64) Volusia 2,400.00 (65) Wakulla 1,200.00 (66) Walton 1,980.00 (67) Washington 2,100.00

Hlstory.-§1, ch. 61-461; §1, ch. 63-560; §1, ch. 65-356; §2, ch. 67-576.

145.051 Clerk of circuit court.-The clerk of circuit court of the following named counties shall receive as compensation the amounts indicated:

(1) Alachua $10,500.00 (2) Baker 8,500.00

527

(3) Bay--------- 12,700.00 (4) Bradford 9,000.00 (5) Brevard 13,000.00 (6) Broward 14,500.00 (7) Calhoun 8,500.00 (8) Charlotte 10,000.00 (9) Citrus 9,000.00 (10) Clay 9,500.00 (11) Collier 11,500.00 (12) Columbia 10,000.00 (13) Dade Home rule (14) DeSoto 7,500.00 (15) Dixie 9,000.00 (16) Duval ___ 16,500.00 (17) Escambia 14,500.00 (18) Flagler 8,000.00 (19) Franklin 7,500.00 (20) Gadsden 10,500.00 (21) Gilchrist 9,000.00 (22) Glades 7,500.00 (23) Gulf __ 11,500.00 (24) Hamilton 7,500.00 (25) Hardee 9,500.00 (26) Hendry 9,500.00 (27) Hernando 8,500.00 (28) Highlands 10,500.00 (29) Hillsborough 16,000.00 (30) Holmes 8,000.00 (31) Indian River 10,500.00 (32) Jackson 10,500.00 (33) Jefferson 9,000.00 (34) Lafayette 6,500.00 (35) Lake 12,000.00 (36) Lee 10,500.00 (37) Leon 14,000.00 (38) Levy 9,000.00 (39) Liberty 7,000.00 (40) Madison-------- 9,500.00 (41) Manatee 13,000.00 ( 42) Marion 12,000.00 (43) Martin 9,000.00 ( 44) Monroe 12,500.00 (45) Nassau 10,500.00 (46) Okaloosa 12,700.00 (47) Okeechobee 8,500.00 ( 48) Orange 14,500.00 ( 49) Osceola 9,000.00 (50) Palm Beach 10,000.00 (51) Pasco 10,000.00 (52) Pinellas 16,500.00 (53) Polk 12,500.00 (54) Putnam 12,000.00 (55) St. Johns 12,000.00 (56) St. Lucie 11,000.00 (57) Santa Rosa 11,000.00 (58) Sarasota 10,750.00 (59) Seminole 11,500.00 (60) Sumter 8,500.00 (61) Suwannee 9,500.00 (62) Taylor 10,600.0(} (63) Union 7,500.00 (64) Volusia 14,000.00 (65) Wakulla 7,500.00 (66) Walton 9,500.00 (67) Washington 8,000.00

mstory.-§1, ch. 61-461; 11. ch. 63-560; ch. 67-576.

11, ch. 65-356; §2,


145.061 County judge.-The county judge in the following named counties shall receive as compensation the amounts indicated:

(1) Alachua $10,500.00 (2) Baker 9,500.00 (3) Bay _ 12,700.00 ( 4) Bradford 9,000.00 (5) Brevard 14,800.00 (6) Broward 18,500.00 (7) Calhoun 8,500.00 (8) Charlotte 10,500.00 (9) Citrus 9,000.00 (10) Clay 9,500.00 (11) Collier 13,500.00 (12) Columbia 10,000.00 (13) Dade Home rule (14) DeSoto 9,000.00 (15) Dixie 9,000.00 (16) Duval 21,000.00 (17) Escambia 15,000.00 (18) Flagler 8,000.00 (19) Franklin 7,500.00 (20) Gadsden 9,000.00 (21) Gilchrist 7,500.00 (22) Glades 7,500.00 (23) Gulf 10,000.00 (24) Hamilton 7,500.00 (25) Hardee 9,500.00 (26) Hendry 9,850.00 (27) Hernando 12,000.00 (28) Highlands 10,500.00 (29) Hillsborough _ 20,000.00

1967-68 and $21,000.00 thereafter (30) Holmes 8,000.00 (31) Indian River 11,500.00 (32) Jackson 10,500.00 (33) Jefferson 9,000.00 (34) Lafayette 6,900.00 (35) Lake 12,000.00 (36) Lee 10,000.00 (37) Leon 14,000.00 (38) Levy 9,000.00 (39) Liberty 7,000.00 ( 40) Madison 9,500.00 ( 41) Manatee 13,000.00 ( 42) Marion 12,000.00 ( 43) Martin 12,000.00 ( 44) Monroe __ 12,500.00 (45) Nassau 9,600.00 (46) Okaloosa _ 12,700.00 ( 47) Okeechobee 8,500.00 ( 48) Orange 19,000.00 ( 49) Osceola 9,000.00 (50) Palm Beach

An amount equal to the salary provided for each of the judges of the circuit court in Palm Beach county, as fixed by law, other than that of the chief judge.

(51) Pasco 10,000.00 (52) Pinellas ________ 19,000.00 (53) Polk ___ 18,300.00 (54) Putnam __ 12,000.00 (55) St. Johns 12,000.00 (56) St. Lucie 12,000.00 (57) Santa Rosa 11,000.00 (58) Sarasota 8,000.00 (59) Seminole 11,500.00

528

(60) Sumter -------- 8,500.00 (61) Suwannee 9,500.00 (62) Taylor ________ 10,600.00 (63) Union -------- 7,500.00 (64) Volusia 15,000.00 (65) Wakulla -------- 7,500.00 (66) Walton 9,500.00 (67) Washington 8,000.00

History.-§!, ch. 61-461; §1, ch. 63-560; §1, ch. 65-356; §2, ch. 67-576.

145.071 Sheriffs.-The sheriffs of the following counties shall receive as compensation the amounts indicated:

(1) Alachua _$10,500.00 (2) Baker 9,840.00 (3) Bay __ 12,700.00 ( 4) Bradford 9,000.00 (5) Brevard 14,000.00 (6) Broward 15,500.00 (7) Calhoun 8,500.00 (8) Charlotte 10,000.00 (9) Citrus __ 9,000.00 (10) Clay 10,000.00 (11) Collier ______ 11,500.00 (12) Columbia 10,500.00 (13) Dade----------- Home rule (14) DeSoto 8,500.00 (15) Dixie 9,000.00 (16) Duval _ 17,000.00 (17) Escambia 15,000.00 (18) Flagler _ 8,000.00 (19) Franklin 7,500.00 (20) Gadsden 10,500.00 (21) Gilchrist 7,500.00 (22) Glades 7,500.00 (23) Gulf _____ 11,500.00 (24) Hamilton 7,500.00 (25) Hardee 9,500.00 (26) Hendry 9,850.00 (27) Hernando 11,500.00 (28) Highlands 10,500.00 (29) Hillsborough 16,000.00 (30) Holmes _____ 8,000.00 (31) Indian River ------ 10,500.00 (32) Jackson 10,500.00 (33) Jefferson 9,000.00 (34) Lafayette ---------- 7,500.00 (35) Lake -------------------- 12,000.00 (36) Lee 12,700.00 (37) Leon ------------ 14,000.00 (38) Levy _ 9,000.00 (39) Liberty -------- 7,000.00 ( 40) Madison 9,500.00 ( 41) Manatee 13,000.00 ( 42) Marion 12,000.00 (43) Martin ----------- 10,500.00 ( 44) Monroe 12,500.00 (45) Nassau 10,500.00 (46) Okaloosa ---------- 12,700.00 ( 47) Okeechobee 8,500.00 ( 48) Orange 14,500.00 (49) Osceola - ---------- 9,000.00 (50) Palm Beach 16,000.00 (51) Pasco --- 10,000.00 (52) Pinellas 15,500.00 (53) Polk 14,000.00 (54) Putnam 12,000.00


(55) St. Johns------- 12,000.00 (56) St. Lucie ------- 10,500.00 (57) Santa Rosa ______ 11,000.00 (58) Sarasota 12,000.00 (59) Seminole 11,500.00 (60) Sumter 8,500.00 (61) Suwannee 9,500.00 (62) Taylor 10,600.00 (63) Union 7,500.00 (64) Volusia 14,000.00 (65) Wakulla 7,500.00 (66) Walton 9,500.00 (67) Washington 8,000.00

Bistory.-§1, ch. 61-461; §1, ch. 63-560; §1, ch. 65-356; §2, ch. 67-543; §2, ch. 67-576.

145.08 Superintendent of public instruction. -The superintendent of public instruction of the following named counties shall receive as compensation the amounts indicated:

(1) Alachua $13,500.00 (2) Baker 9,421.50 (3) Bay ----------- 12,700.00 ( 4) Bradford 9,000.00 (5) Brevard (§230.321) (6) Broward 22,980.00 (7) Calhoun 8,500.00 (8) Charlotte (§230.321) (9) Citrus 9,000.00 (10) Clay 10,000.00 (11) Collier (§230.321) (12) Columbia 12,000.00 (13) Dade __ _ ___________ Home rule (14) DeSoto 11,750.00 (15) Dixie _______ 7,500.00 (16) Duval _ 20,000.00 (17) Escambia (§230.302) (18) Flagler -------------- 8,000.00 (19) Franklin _____ set by special act (20) Gadsden 14,000.00 (21) Gilchrist 6,000.00 (22) Glades 7,500.00 (23) Gulf ___ 11,500.00 (24) Hamilton _______ 7,500.00 (25) Hardee ------------ 11,000.00 (26) Hendry 10,500.00 (27) Hernando _______ 12,000.00 (28) Highlands ------------------ 10,500.00 (29) Hillsborough ____________ (§230.321) (30) Holmes _____ ________ 8,610.00 (31) Indian River _______ 9,000.00 (32) Jackson 10,800.00 (33) Jefferson ______ 9,500.00 (34) Lafayette 10,000.00 (35) Lake _________ 14,400.00 (36) Lee 9,500.00 (37) Leon 14,000.00 (38) Levy _ 10,200.00 (39) Liberty ------------ 7,500.00 (40) Madison 10,500.00 (41) Manatee . 16,250.00 ( 42) Marion ---------- 12,000.00 (43) Martin -------------- 12,500.00 ( 44) Monroe ____ 14,500.00 ( 45) Nassau 10,500.00 (46) Okaloosa ______ 12,700.00 (47) Okeechobee 13,800.0() (48) Orange (§230.321)

(49) Osceola 10,750.00 (50) Palm Beach 16,000.00 (51) Pasco 10,460.00 (52) Pinellas (§230.321) (53) Polk (§230.302) (54) Putnam _ 12,000.00 (55) St. Johns ____ 12,000.00 (56) St. Lucie set by special act (57) Santa Rosa __________ 11,000.00

The county school board may increase such amount to a total not to exceed $12,000.00

(58) Sarasota ________ (§230.321) (59) Seminole __ as set by county school

board but not less than 15,000.00 (60) Sumter 11,200.00 (61) Suwannee 9,500.00 (62) Taylor 10,600.00 (63) Union 8,715.00 (64) Volusia __ 15,000.00 (65) Wakulla set by special act (66) Walton ---------- 8,500.00 (67) Washington ----------- 8,500.00

Blstory.-§1, ch. 61-461; §1, ch. 63-560; §1, ch. 65-356; §2, ch. 67-576; §1, ch. 67-591; §1, ch. 67-2234; §1, ch. 67-2235.

145.09 Supervisor of elections.-The supervisor of elections of the following named counties shall receive as compensation the amounts indicated:

(1) Alachua $7,000.00 (2) Baker 1,800.00 (3) Bay ____ 6,700.00 ( 4) Bradford 1,800.00 (5) Brevard -------·---- 9,000.00 (6) Broward ----------- 11,000.00 (7) Calhoun ________ 2,400.00 (8) Charlotte _____ 7,500.00 (9) Citrus ________ 5,000.00

(10) Clay -·--------- 3,500.00 (11) Collier -------- 5,000.00 (12) Columbia ------- 5,800.00 (13) Dade Home rule (14) DeSoto 3,600.00 (15) Dixie 2,400.00 (16) Duval ___ 14,200.00 (17) Escambia 9,000.00 (18) Flagler 2,100.00 (19) Franklin 2,400.00 (20) Gadsden 3,600.00 (21) Gilchrist 3,000.00 (22) Glades 1,500.00 (23) Gulf 4,200.00 (24) Hamilton 3,600.00 (25) Hardee 1,800.00 (26) Hendry 3,900.00 (27) Hernando 5,000.00 (28) Highlands 10,500.00 (29) Hillsborough 12,000.00 (30) Holmes ____ 2,400.00 (31) Indian River ___ 3,000.00 (32) Jackson 6,000.00 (33) Jefferson ___ 3,600.00 (34) Lafayette ------------ 2,400.00 (35) Lake ---------- 7,500.00 (36) Lee ___ 6,000.00 (37) Leon 7,250.00 (38) Levy _ 3,600.00 (39) Liberty 3,600.00 ( 40) Madison 3,600.00

529


(41) Manatee 8,000.00 (37) Leon 14,000.00 (42) Marion 7,000.00 (38) Levy 9,000.00 (43) Martin 4,200.00 (39) Liberty 6,000.00 (44) Monroe 7,800.00 (40) Madison 9,500.00 (45) Nassau 6,000.00 (41) Manatee - 13,000.00 (46) Okaloosa 6,200.00 (42) Marion 12,000.00 (47) Okeechobee 3,000.00 (43) Martin 9,000.00 (48) Orange 9,000.00 (44) Monroe 12,500.00 (49) Osceola 6,000.00 (45) Nassau 10,500.00 (50) Palm Beach 10,500.00 (46) Okaloosa 12,700.00 (51) Pasco 6,000.00 ( 47) Okeechobee 8,500.00 (52) Pinellas 10,500.00 (48) Orange 14,500.00 (53) Polk 10,000.00 ( 49) Osceola 9,000.00 (54) Putnam 6,000.00 (50) Palm Beach 10,000.00 (55) St. Johns 6,500.00 (51) Pasco 10,000.00 (56) St. Lucie 5,200.00 (52) Pinellas 14,000.00 (57) Santa Rosa 6,000.00 (53) Polk 13,000.00 (58) Sarasota 7,000.00 (54) Putnam 12,000.00 (59) Seminole 6,750.00 (55) St. Johns 12,000.00 (60) Sumter 3,000.00 (56) St. Lucie 10,500.00 (61) Suwannee 2,400.00 (57) Santa Rosa 11,000.00 (62) Taylor 3,600.00 (58) Sarasota 10,750.00 (63) Union 1,800.00 (59) Seminole 11,500.00 (64) Vol usia 10,000.00 (60) Sumter 8,500.00 (65) Wakulla 2,400.00 (61) Suwannee 9,500.00 (66) Walton 5,300.00 (62) Taylor 10,600.00 (67) Washington 2,400.00 (63) Union 6,500.00

Blstory.-§1, ch. 61-461; §1, ch. 63-560; §2, ch. 65-60; §1, ch. (64) Volusia 14,000.00 65-356; §2, ch. 67-576. (65) Wakulla 7,500.00

145.10 Tax assessor.-The tax assessors of (66) Walton 9,500.00 the following named counties shall receive as (67) Washington 8,000.00 compensation the amounts indicated: Blstory.- §1, ch. 61-461 ; §1, ch. 63-560; 11. ch. 65-356; §3,

(1) Alachua $10,500.00 ch. 67-543; §2, ch. 67-576; §1, ch. 67-594.

(2) Baker 8,500.00 145.11 Tax collector.-The tax collector of (3) Bay 12,700.00 the following named counties shall receive as (4) Bradford 9,000.00 compensation the amounts indicated: (5) Brevard 13,000.00 (1) Alachua $10,500.00 (6) Broward 13,000.00 (2) Baker 8,500.00 (7) Calhoun 8,500.00 (3) Bay 12,700.00 (8) Charlotte 10,000.00 ( 4) Bradford 9,000.00 (9) Citrus 9,000.00 (5) Brevard 13,000.00

(10) Clay 9,500.00 (6) Broward 13,000.00 (11) Collier 11,500.00 (7) Calhoun 8,500.00 (12) Columbia 10,000.00 (8) Charlotte 10,000.00 (13) Dade Home rule (9) Citrus 9,000.00 (14) DeSoto 7,500.00 (10) Clay 9,500.00 (15) Dixie 9,000.00 (11) Collier 11,500.00 (16) Duval 16,500.00 (12) Columbia 10,000.00 (17) Escambia 14,500.00 (13) Dade Home rule (18) Flagler 8,000.00 (14) DeSoto 7,500.00 (19) Franklin 7,500.00 (15) Dixie_ 9,000.00 (20) Gadsden 10,500.00 (16) Duval 16,500.00 (21) Gilchrist 7,500.00 (17) Escambia 12,500.00 (22) Glades 7,500.00 (18) Flagler 8,000.00 (23) Gulf 10,000.00 (19) Franklin 7,500.00 (24) Hamilton 7,500.00 (20) Gadsden 10,500.00 (25) Hardee 9,500.00 (21) Gilchrist 7,500.00 (26) Hendry 9,500.00 (22) Glades 7,500.00 (27) Hernando 8,500.00 (23) Gulf 10,000.00 (28) Highlands 10,500.00 (24) Hamilton 7,500.00 (29) Hillsborough 16,000.00 (25) Hardee 9,500.00 (30) Holmes 8,000.00 (26) Hendry 9,500.00 (31) Indian River 10,500.00 (27) Hernando 8,500.00 (32) Jackson 10,500.00 (28) Highlands 10,500.00 (33) Jefferson 9,000.00 (29) Hillsborough 16,000.00 (34) Lafayette 6,000.00 (30) Holmes 8,000.00 (35) Lake 12,000.00 (31) Indian River 10,500.00 (36) Lee 10,500.00 (32) Jackson 10,500.00

530


(33) Jefferson------(34) Lafayette (35) Lake (36) Lee (37) Leon --------(38) Levy -------(39) Liberty (40) Madison (41) Manatee (42) Marion --------(43) Martin ------(44) Monroe (45) Nassau ( 46) Okaloosa ( 47) Okeechobee (48) Orange (49) Osceola (50) Palm Beach -----(51) Pasco (52) Pinellas (53) Polk (54) Putnam (55) St. Johns----(56) St. Lucie (57) Santa Rosa ------(58) Sarasota (59) Seminole (60) Sumter (61) Suwannee (62) Taylor (63) Union--------(64) Volusia (65) Wakulla ------(66) Walton (67) Washington

9,000.00 6,000.00

12,000.00 10,500.00 14,000.00 9,000.00 6,000.00 9,500.00

13,000.00 12,000.00

9,000.00 12,500.00 10,500.00 12,700.00 8,500.00

13,500.00 9,000.00

10,000.00 10,000.00 14,000.00 12,000.00 12,000.00 12,000.00 10,500.00 11,000.00 10,750.00 11,500.00

8,500.00 9,500.00

10,000.00 6,500.00

14,000.00 7,500.00 9,500.00 8,000.00

Hlstory.-§1, ch. 61-461; §1, ch. 63-560; §1, ch. 65-356; §2, ch. 67-576.

145.12 Record and report of fees collected; disposition of excess fees.-

(1) Each state and county officer who receives all or any part of his compensation in fees or commissions, or other remuneration, shall keep a complete record of all fees and commissions, or other remuneration collected by him, and shall make a report to the board of county commissioners of all such fees and commissions, or other remuneration, annually on the 31st day of December of each and every year. Such report shall be made upon forms to be prescribed from time to time by the state comptroller, and shall show in detail the source, character and amount of all his official expenses and the net amount that the office has paid up to the time of making such report. All officers shall make out, fill in and subscribe and properly forward to the board of county commissioners such reports, and to swear to the accuracy and competency of such reports.

(2) The board of county commissioners of each county shall on the 15th day of January and the 15th day of July, of each year, notify the governor of the failure of any county official or officials to comply with the provisions of subsection (1) with reference to the filing of the reports required thereunder, specifying the name of the official and the office held by him at the time of such failure. Any county official who

has failed to comply with the terms of said section by filing the detailed itemized report called for thereunder within fifteen days after the expiration of the semi-annual period abo~e named, may be suspended by the governor m his discretion.

(3) Each and every such officer shall pay annually hereafter into a special fund all money in excess of the sum to which they are, under the provisions of this chapter entitled, and as annual compensation herein allowed, the board of county commissioners shall create such fund and shall expend the proceeds thereof for the purpose of equipping, maintaining, and supplying said office, from which said money is derived, with the necessary books, furniture, fixtures and all other things now supplied or furnished by the board of county commissioners and paid for by them from the general revenue of the county; provided, that should the funds so created exceed the amount necessary for the purposes prov-ided in this section, then the board of county commissioners may, with the approval of the state comptroller, transfer same to the general county funds including the general county school fund.

(4) Whenever a tax collector or a tax assessor in any county of the state is ready to pay into a special fund, as he is required by law annually to do, all money in excess of the sum to which he is under the provisions of law entitled as annual compensation, he shall divide said excess sum into two portions and pay over to the board of public instruction for the county current school fund of the county one portion, which portion shall be an amount that shall bear the same proportion to the entire excess fees of his office to be paid over as the total sum of the fees received by such officers for the assessment and collection of all school taxes bears to the total fees received by and paid into his office.

mstory.-§3, ch. 7334, 1917; RGS 1815; 1§3, 4, ch. 8497, 1921; 1§3, 4, ch. 9270, 1923; §§3, 4, ch. 11954, 1927; COL 2867, 2868; §§1, 2, ch. 14502, 1929; COL 1936 Supp. 2877(1),(2); §1, ch. 20891, 1941; §1, ch. 24101, 1947; §2, ch. 61-461.

Note.-Formerly §§145.03-145.05, 145.07. ct.-§ 116.03 Officers to report fees collected.

1298.401 Tax assessors, collectors compensation. etc. 283.21 Purchase of blank books, stationery, etc. 236.29 Apportionment and use of county current school

fund.

145.13 Construction of chapter 145.-(1) Chapter 145 shall not be construed to

repeal, affect or modify any local or special law, or general law of local application enacted prior to or during the 1967 session of the legislature as to compensation of county officers, travel expenses of county officers or payment of extra compensation to the chairman of any board of county commissioners or board of public instruction; provided, however, if any county officer's compensation prescribed herein is more than that provided in any local or special law, or general law of local application, this law shall control and be applicable, and further provided that in the event that any special or local law, or general law of local application

531


affecting the compensation of any county official is declared invalid or ineffective, the salary of such county official affected shall be the amount fixed herein.

(2) All special laws, local laws, and general laws of local application, in conflict with this act, but only such parts thereof as are in conflict with this act, affecting the compensation or salary of any official named herein are hereby repealed effective July 1, 1969, and thereafter the total compensation or salary of any official named herein shall be fixed and designated in full by general law.

Bistory.-§3, ch. 61-461; §2, ch. 63-560; reenacted, §1, ch. 65-553; §§3, 5, ch. 67-576.

145.14 Compensation of county officials who are paid by fees or commissions.-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 yearly 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 seven thousand five hundred dollars unless otherwise provided by law.

Bistory.-§3, ch. 63-560. Note.-Bimilar provisions !n former §145.01.

532

Ch. 150 COUNTY FREE PUBLIC LIBRARIES Ch. 150

CHAPTER 150

COUNTY FREE PUBLIC LIBRARIES (See sections 257.13-257.25 providing for operating grants for publlc llbraries.)

150.01 150.02 150.03

Free public libraries authorized. Notice of meeting of commissioners. Library board; members; appointment;

te,rms; vacancies. 150.04 Library board; organization; officers;

powers; employees.

150.01 Free public libraries authorized.The board of county commissioners of the several counties of the state may establish, operate and maintain a free public library, or free library service for that county.

H!story.-§1, ch. 14756, 1931; CGL 1936 Supp. 2934(5).

150.02 Notice of meeting of commissioners. -The board of county commissioners in any county, before taking action to provide for the establishment, operation and maintenance of a free library or free library service in such county, shall cause notice of such contemplated action to be given by publication once each week for two successive weeks in some newspaper designated by such board, published in such county, giving the date of the meeting at which such action is proposed to be taken.


150.03 Library board; members; appointment; terms; vacancies.-When in any county the board of county commissioners thereof shall have determined to establish, operate and maintain for such county a free public library, the board of county commissioners shall have the power to regulate the administration of the county free public library and to determine the means and methods by which such county free public library shall be administered. The board of county commissioners shall have the option to have said county free public library administered by a library board composed of five members who shall be citizens of the county appointed by the governor. Of the first board appointed, one member shall be appointed for a term of one year, two members shall be appointed for. a term of two years and two members shall be appointed for a term of three years. Thereafter, their successors shall be appointed for terms of four years, except that an appointment to fill a vacancy shall be for the unexpired term only.

History.-§3, ch. 14756, 1931; CGL 1936 Supp. 2934(7); §1, ch. 29648, 1955; §1, ch. 67-293.

150.04 Library board; organization; officers; powers; employees.-The members of the library board shall meet and organize within thirty days after the appointment and annually thereafter, and shall elect one member president, another secretary and another treasurer, whose duties shall be those usually pertaining to said respective offices. The library board may establish rules and regulations for its own government and that of the library or library service not inconsistent with law, and may elect and employ a librarian and such assistants or employees as to said board may

150.05 150.06 150.07 150.071 150.08

Budget; reports. Contracts with municipalities. Title to library to be in county. Gifts and bequests. Taxation, appropriation; warrants;

payments.

seem reasonable and proper, and fix their salaries, duties and compensation.

Hlotory.-§4, ch. 14756, 1931; CGL 1936 Supp. 2934(8).

150.05 Budget; reports.-On or before July 1 of each year, the library board shall file with the board of county commissioners a tentative budget for the ensuing fiscal year; and on or before November 1 of each year, the chairman of the library board shall file with the county board a report of the operation of the library during the last fiscal year, giving such statistics and other information as may be required by said county board.

History.-§5, ch. 14756, 1931; CGL 1936 Supp. 2934(9); §2, ch. 29648, 1955.

150.06 Contracts with municipalities.-(!) In carrying out the provisions of this

chapter, the board of county commissioners of any county may either acquire and provide for the maintenance and operation of a free library for the county, or may provide free library service to the citizens of the county by entering into a contract therefor with any municipality or with any nonprofit library corporation or association in said county owning a free public library, or with any other county or municipality in this state owning a free public library. ·

(2) Any municipality or any nonprofit library corporation or association owning a free public library in said county may enter into a contract with the county library board to receive the service of books and technical assistance from the county library upon such terms as may be agreed upon by the county library board and the governing body of the library contracting therewith.

History.-§6, ch. 14756, 1931; CGL 1936 Supp. 2934(10); §1, ch. 20918, 1941; §1, ch. 28034, 1953. c!.-§125.43 Powers and duties of county commissioners.

150.07 Title to library to be in county.When under the provisions of this chapter, the board of county commissioners of any county shall establish any free library for such county, the title and ownership of such library shall be in the county.

Hlotory.-§7, ch. 14756, 1931; CGL 1936 Supp. 2934(11).

150.071 Gifts and bequests.-The county library board is authorized to receive on behalf of the county any gift, bequest, or devise for the county free library. Said county library board shall turn over to the board of county commissioners any moneys received under the provisions of this section, to be deposited in the county free library fund.

History .-§2, ch. 28034, 1953.

533

Ch. 150 COUNTY FREE PUBLIC LIBRARIES Ch. 150

150.08 Taxation, appropriation; warrants; payments.-

(1) When the board of county commissioners of any county shall have determined, under the provisions of this chapter, to establish, operate, and maintain a free library or free library service for such county, said commissioners shall levy an annual tax, in the same manner and at the same time as other county taxes are levied, not exceeding one mill upon all taxable property within such county not already taxed for library purposes, or shall appropriate from the general fund of the county a sum not to exceed the yield of a one mill tax, for the purpose of providing the funds required to pay the expenses of the operation and main-

tenance of such free library or free library service.

(2) All funds of the county free library, whether derived from taxation or otherwise, shall constitute a separate fund to be known as the county free library fund, and shall be expended only for library purposes. The expenses incurred by the county library board shall be paid by warrants drawn by the board of county commissioners, payable out of the county free library fund.

(3) The county library board shall not make expenditures or incur indebtedness in any year in excess of the amount available for library purposes.

Bistory.-§8, ch. 14756, 1931 ; COL 1936 Supp. 2934(12) ; §2, ch. 20918, 1941 ; §3, ch. 28034, 1953; (1), §3, ch. 29648, 1955.

534

Ch. 153 WATER AND SEWER SYSTEMS Ch. 153

CHAPTER 153

WATER AND SEWER SYSTEMS

PART I COUNTY WATER SYSTEM AND SANITARY SEWER FINANCING LAW (§§153.01-153.20)

PART II COUNTY WATER AND SEWER DISTRICT LAW (§§153.50-153.88)

PART I

COUNTY WATER SYSTEM AND SANITARY SEWER FINANCING LAW

153.01 Short title. 153.02 Definitions. 153.03 General grant of power. 153.04 Construction of water supply systems,

water system improvements, sewage disposal systems, and sewer improvements.

153.05 Water system improvements and sani-tary sewers; special assessments.

153.06 Issuance of bonds. 153.07 General obligation bonds. 153.08 Water and sewer district general obli

gation bonds. 153.09 Water revenue bonds and sewer reve

nue bonds.

153.01 Short title.-This chapter shall be known and may be cited as the "County water system and sanitary sewer financing law."

mstor:r.-§1, ch. 29837, 1955,

153.02 Definitions.-As used in this chapter 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, sys-

153.091 Combined systems; issuance of bonds. 153.10 Call for bids. 153.11 Water service charges and sewer serv-

ice charges; revenues. 153.12 Collection of charges. 153.13 Application of revenues. 153.14 Trust funds. 153.15 Remedies. 153.16 Water revenue refunding bonds. 153.17 Sewer revenue refunding bonds. 153.18 Exemption of property from taxation. 153.19 Private water supplies. 153.20 Alternative method.

tern, 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 and/or 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 one 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 necessary or incident to determining the feasibility or practicability of such con-

535


struction 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.

(10) The term "sewer revenue bonds" sh.all mean special obligations of the co~nty 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 se~vice 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.

mstory.-§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 cha:pter as hereinafter provided are hereby authonzed and empowered:

(1) To purchase andjor construct and to improve extend, enlarge, and reconstruct a water s~pply system or systems or sewage disposal system or systems, or both, within such county and any adjoining county or counties and to purchase and/ or 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 already 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 and/or 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 &nd 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 governnient 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 frolll 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 n1ay be lllade;

(5) To acquire in the nan1e of the county by gift, purchase as hereinafter provided or by the exercise of the right of en1inent don1ain, such lands and rights and interests therein, including lands under water and riparian rights, and to acquire such personal property as it n1ay deelll necessary for the efficient operation or for the extension of or the iniprovenient 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 en1inent don1ain over any such lands or rights or interests therein or any personal property owned by any niunicipality within the state nor to exercise such right with respect to any privately owned water supply systelll or sewage disposal systen1 including without liniitation ponds, streallls and surface waters constituting a part thereof, provided any such systeni is prin1arily used, owned or operated by an industrial or nianufacturing plant for its own use as a water supply systeni or in disposing of its industrial wastes.

(6) To n1ake and enter into all contracts and agreen1ents necessary or incidental to the perforniance of its duties and the execution of its powers under this chapter and to en1ploy such consulting and other engineers, superintendents, nianagers, construction and accounting experts and attorneys and such other en1ployees and agents as it n1ay deen1 necessary in its judgnient and to fix their conipensation;

(7) Subject to the provisions and restrictions as n1ay be set forth in the resolution here-

536


inafter 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, co-partnership, 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 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 and/or 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 parcels of land within such subdivision shall become the property of the county and shall become a part of the county water system improvements and/or sewer improvements; and,

(10) To restrain, enjoin or otherwise prevent any person or corporation, public or private, from contaminating or polluting (as defined in §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 affect 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.

Hlstory.-§3, ch. 29837, 1955; §1, ch. 57-774; §§1, 2, ch. 57-1985. c!.-§387.08 Penalty for deposit of deleterious substance 1n

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

537


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.

(d) Upon receipt of such report the county commission may authorize the purchase and/ or 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.

Wstor;r.-§4, ch. 29837, 1955.

153.05 Water system improvements and sanitary sewers; special assessments.-

(!) 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 in § 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, 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) of this section in relation to apportionment of cost in the preliminary assessment roll. Such tentative apportionment of 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 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 ten 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 ten 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 resolu-

538


tion with such amendments, if any, as may be ments as may be fixed by resolution ordering desired by the commission and which do not the improvements, and cause any additional property to be specially 3. To the county shall be apportioned the assessed. remaining costs of the water system improve-

(5) All objections to any such resolution on ments or sewer improvements, unless all of the ground that it contains items which cannot such costs shall be apportioned to the abutting be properly assessed against property, or that property; provided, however, that in the case it is, for any default or defect in the passage of lots or parcels which abut on more than one or character of the resolution or the plans or street or which are served or are to be served specifications or estimate, void or voidable by such water system improvements or sewer in whole or in part, or that it exceeds the improvements although not abutting on either power of the commission, shall be made in writ- side of the street in which such improvement ing, in person or by attorney, and filed with the is construeted, the apportionment shall be commission at or before the time or adjourned made under such rules and regulations as the time of such hearing. Any objections against commission shall deem to be fair and equitathe making of any improvement not so made ble. shall be considered as waived, and if an objec- (7) The preliminary roll shall be advisory tion shall be made and overruled or shall not only and shall be subject to the action of the be sustained, the confirmation of the resolu- commission as hereinafter provided. Upon the tion shall be the final adjudication of the is- filing with the commission of the preliminary sues presented unless proper steps shall be assessment roll, the commission shall publish taken in a court of competent jurisdiction to once in a newspaper published in the county a secure relief within ten days. notice stating that at a meeting of the com-

(6) Promptly after the completion of the mission to be held on a certain day and hour, work, the engineer for the county shall pre- not less than twelve days from the date of such pare a preliminary assessment roll and file publication, which meeting may be a regular, same with the clerk, which roll shall contain adjourned or special meeting, all interested perthe following: sons may appear and file written objections to

(a) A description of the lots and parcels the confirmation of such roll. Such notice shall of land within the district, which shall include state the class of the improvement and the loall lots and parcels which abut upon the sides cation thereof by terminal points and route. of that part of any street in which a water Such meeting of the commission shall be the supply system, water system improvement or first regular meeting following the completion sanitary sewer, except a curb sewer, is to be of the notice hereinabove required, unless the constructed or reconstructed, all lots and par- commission shall have provided for a special eels which abut upon the side or sides *of any meeting for such purpose. street in or along which side or sides a sani- (8) At the time and place stated in such tary curb sewer shall have been constructed or notice the commission shall meet and receive reconstructed, and all lots and parcels which the objections in writing of all interested perare served or are to be served by such water sons as stated in such notice. The commission supply system, water system improvement or may adjourn the hearing from time to time. sanitary sewer. Such lots and parcels shall in- After the completion thereof the commission elude all property, whether publicly or priv- shall either annul or sustain or modify in ately owned. There may also be given, in the whole or in part the prima facie assessment as discretion of the engineer, the name of the indicated on such roll, either by confirming the owner of record of each lot or parcel, where prima facie assessment against any and all lots practicable, and in all cases there shall be or parcels described therein, or by canceling, given a statement of the number of feet of increasing or reducing the same, according to property so abutting, which number of feet the special benefits which the commission deshall be known as frontage. cides each such lot or parcel has received or

(b) The total cost of the improvement, and will receive on account of such improvement. If the amount of incidental expense. any property which may be chargeable under

(c) An apportionment as between the coun- this section shall have been omitted from the ty and the property included in the preliminary preliminary roll or if the prima facie assessassessment roll of the cost of each improvement shall not have been made against it, the ment, including incidental expense, to be com- commission may place on such roll an apporputed as follows: tionment to such property. The commission

shall not confirm any assessment in excess of 1. To each lot or par·cel of land, to the prop- the special benefits to the property assessed,

erty or curb line of which a water supply lat- d th eral or sanitary sewer lateral shall have. been an e assessments so confirmed shall be in laid, shall be apportioned the cost of such lat- proportion to the special benefits. Forthwith eral or laterals. after such confirmation, such assessment roll

shall be delivered to the county tax assessor. 2. To abutting property shall be appor- The assessment so made shall be final and con

tioned according to frontage, or any other elusive as to each lot or parcel assessed unless method being deemed equitable by the com- proper steps be taken within ten days in a mission, all or any part of the cost of such court of competent jurisdiction to secure relief. water system improvements or sewer improve- If the assessment against any property shall be

539

J


sustained or reduced or abated by the court, the county tax assessor shall note that fad 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 thirty days after the confirmation thereof, without interest. Thereafter all assessments shall be payable in equal annual installments, with interest at six per cent per annum from the expiration of said thirty days in each of the succeeding twenty calendar years at the time or times in each year at which general county taxes are payable; provided, however, that the commission may by resolution fix a shorter period of payment for any assessment; and provided, further, that any assessment may be paid at any time before due, together with interest accrued thereon to the date of payment.

(10) 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 assessment or installments thereof fall due, and any assessment or installment not paid when due 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 emJrace 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) of this section, 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 said 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 thirty 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 sixty 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 three 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 persor. or corporation, except that the 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 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) of this section; 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 one 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

540


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.

Bistory.- §5, ch . 29837, 1955; §1, ch. 57-323; §§1-4, ch. 67-547. *Note.-La.w reads "or."

cf.-§153.08 Creation of district; general obligation bonds. § 192.08 Exemption of state property from taxes. §192.27 Taxes against state properties; notice.

153.06 Issuance of bonds.-(1) The county commission is hereby au

thorized 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 six per cent per annum, shall mature at such time or times not exceeding fifty years from their date or dates as may be determined by the county commission, and may be made redeemable 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 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) The issuance of such bonds shall not be subject to any limitations or conditions contained in any other statute and the county commission 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 county, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than six per cent 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 the replacement 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.

History.- §6, ch. 29837, 1955 ; §5, ch. 67-547.

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

541


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 and/ or 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.

Hlstory.-§7, ch. 29837, 1955; §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 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 serviee charges and/or 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 §153.09 may be issued to finance facilities located in any district created under the authority of this section.

Hlstory.-§8, ch. 29837, 1955• §2, ch. 57-323; §7, ch. 67-547. cf.-§ 153.05 Special assessments; water and sewer systems.

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 and/or 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 and/or 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

542


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 safe-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 and/ or 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.

Hlstor7.-§S, ch. 29837, 1955.

153.091 Combined systems; issuance of bonds.-

(1) Notwithstanding the provlSlons of §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 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.-§8, ch. 67-547. •N ote.-The word "of" 1n subsection (1) supplied by editor.

153.10 Call for bids.-(1) As soon as practicable after the au

thorization of bonds under the provisions of this chapter or the appropriation 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 ten thousand dollars, 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 fifteen days from the first publication, for the construction of the work.

(2) The notice shall refer in general t erms 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 shall 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 )r 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 two and one half per cent of the amount of their respective bids or a bid bond in like amount

543


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 in the amount of the contract price with corporate sureties 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.-§10, ch. 29837, 1955; §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, fix the initial schedule of rates, fees and other charges for the use of and for the services furnished or to be furnished by the facilities, to be paid 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 p_urposes 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 payments. 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 district 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 and/ or upon the number and size of sewer connections or upon the number and kind of plumbin~ fixtures in use in the premises connected with the sewer system or upon the number o.r av.erage numbe~ of persons residing or work~ng m or otherwise connected with such premises or upon any other factor affecting the u~e o~ the facilities furnished or upon any combmatiOn of the foregoing factors.

(d} In cases where the amount of water furm~h~d 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 commission may refuse to furnish water to such building or premises.

(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 services 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 public 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 ten days before the date fixed in said notice for the hearing, which said hearing may be adjourned from !ime to time. After such hearing such prelimmary 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 and/or 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 substan-

544


tially pro rata as to all classes of service no notice or hearing shall be required.

Histor;r.-§11, ch. 29837, 1955.

153.12 Collection of charges.-(1) Upon the construction of a sewage dis

posal 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 eaeh lot or parcel of land within the county whieh 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 whieh 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 sueh 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 to the premises, and that if the amount of such charges so included shall not be paid within thirty 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 inelude 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 thirty days after the same shall become due and payable, the owner, tenant or occupant of such premises shall cease to dis-

pose 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 thirty-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 five 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 five-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.

Hlstor;r.-§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 eredit 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 and/or sewer revenue bonds as the same shall become due, necessary charges of paying agents for paying such interest 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 m 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

545


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.

mstor:r.--§13, ch. 29837, 1955.

153.14 Trust funds.-All 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.

msto.,.--§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 facilities furnished by the water supply system, water system improvement, sewage disposal system or sewer improvements and the levying and collecting of any special assessments.

msto.,.-§15, ch. 29837, 1955.

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) Refunding 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 subejct 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.

Wstory.-§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.

Wstor:r.-§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, constitutes public property and is used for county purposes, the county shall not be required to pay any taxes or assessments upon any such facilities or any part thereof.

mstor:r.-§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

546


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 state board of health 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 in §387.08.

Wstory.-§19, ch. 29837, 1955. cf.-§387.08 Penalty for deposit of deleterious substances 1n

lakes, streams, rivers, ditches, etc.

153.20 Alternative method.-(1) This chapter shall be deemed to pro

vide 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.

Blstory.-1§20, 22, ch. 29837, 1955.

PART II

COUNTY WATER AND SEWER DISTRICT LAW

153.50 Short title. 153.51 Legislative intent. 153.52 Definitions. 153.53 Establishment of districts in unincor

porated areas. 153.54 Same; petition for; report by county

commissioners. 153.55 Same; public hearing; findings of com

mission. 153.56 Call election to determine creation of

district, issuance of bonds. 153.57 Ballots and election officials. 153.58 Election results; resolution of commis

sion; publication of notice of estoppel.

153.59 Circuit court, jurisdiction. 153.60 County commissioners ex-officio govern-

ing 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 bond

holders. 153.67 Unpaid fees to constitute lien. 153.68 General obligation bonds, election; is

suance, tax levy. 153.69 County tax assessor ex-officio tax as

sessor for district. 153.70 Provisions of §153.63 applicable to

general obligation bonds.

153.50 Short title.-This law may be known and cited as the "county water and sewer district law."

mstory.-§1, ch. 69-466.

153.51 Legislative intent.-It is declared as a matter of legislative determination that the

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 improve-

ments, sealed bids. 153.80 Consolidation of systems. 153.81 Ad valorem maintenance tax. 153.82 Handling of taxes and special assess

ments, district treasurer. 153.83 Free water and sewer services prohib

ited. 153.84 Contracts enforceable by bondholders. 153.85 Conveyance of p.roperty without con

side·ration. 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.

extensive growth of population and attendant industry and commerce throughout the state has given rise to public health and water supply problems of state-wide concern, in that many unincorporated areas of the counties of the state are not served by water and sewer

547


fac~lities normally and generally provided and going, shB;ll in~lude dams, reservoirs, storage mamtained by the municipalities of the state or tanks, mams, hnes, valves, pumping stations their agencies or instrumentalities or by pri- laterals, and pipe~ for the purpose of carrying vate corporations or persons and are not water to the premises connected with such sysotherwise a~equately provided for; that many tern and shall include all real and personal of such unmcorporated areas are in extreme property and any interests therein rights need of such sewage disposal and water sup- easements and franchises of any natu're what: ply facilities, and that it is the intent and pur- soever relating to any such system and neepose of this law to provide means for the coun- essary or convenient for the operation thereof. ties of the state to alleviate such conditions in (6) "Cost" as applied to the acquisition and such unincorporated areas. construction of a water system or a sewer sys-

Blstory.-§2, ch. 59-466. tern or extensions, additions or improvements 153.52 Definitions.-As used in this law the thereto shall include the cost of construction

following words and terms shall have the' fol- or reconstruction, acquisition or purchase the lowing meanings, unless some other meaning cost. of all labor, materials, machinery 'and is plainly intended: eqUipment, cost of all lands and interest there-

(1) "District" shall mean any unincorpo- in, property, rights, easements and franchises rated contiguous area comprising part but not ?f any nat.ure whatsoeve~, financing charges, all of the area of any county created into and mterest prior to and durmg construction and existing as a water and sewer district pursu- for not more than two years after completion ant and subject to this law, having the rights, of the construction or acquisition of such powers and privileges granted in this law. water system or sewer system or extensions

(2) "Board of county commissioners" shall additions or improvements thereto the crea: mean the board of county commissioners of the tion of initial reserve or debt ser~ice funds county in which a district created pursuant to bond discount, cost of plans and specifications' this law is located. surveys and estimates of costs and revenues'

(3) "District board" shall mean the board ~ost of engineering, financial and legal serv~ of county commissioners of any county con- ICes, and all other expenses necessary or instituting the governing body of any district as c~den~~l in determining the !easibility or pracprovided for in this law, and acting for and on tiCabihty of such constructiOn, reconstruction behalf of such district as a body corporate and or acquisition, administrative expenses and politic. such other expenses as may be necessary or

( 4) "Sewer system" shall mean and shall incidental to financing authorized by this law include any plant, system, facility or property and including reimbursement of the county and additions, extensions and improvements or any other person, firm or corporation for any thereto at any future time constructed or ac- ~oneys advance~ to. a district for .any expenses quired as part thereof, useful or necessary or mcurred by a distnct or county m connection having the present capacity for future use in with any of the foregoing items of cost, or the

. . creation of such district. connectiOn with the collection, treatment, puri-fication or disposal of sewage of any nature (7) "Assessable improvements" shall mean or originating from any source, including in- that portion or portions of a sewer system or du~trial wastes resulting from any processes a water system of a local nature and of benefit of mdustry, manufacture, trade or business or to the premises or lands served thereby and from the development of any natural resources. particularly, without limiting the generality of and without limiting the generality of the fore: the foregoing, with reference to a sewer sysgoing definition shall embrace treatment tern, shall include, without being limited to plants, pumping stations, lift stations, valves, laterals and mains for the collection and recep~ force mains, intercepting sewers, laterals tion of sewage from premises connected therepressure lines, mains and all necessary appur~ with, local or auxiliary pumping or lift statenances and equipment, all sewer mains and tions, treatment plants or disposal plants, and laterals for the reception and collection of other appurtenant facilities and equipment for sewage from premises connected therewith and the collection, treatment and disposal of sewshall include all real and personal property age; and with reference to a water system shall and any interest therein, rights, easements and include such mains and laterals and other disfranchises of any nature whatsoever relating tribution facilities, pumping stations, and to any such system and necessary or con- sources of supply as are of benefit to the propvenient for the operation thereof. erty served by such water system together with

(5) "Water system" shall mean and in- incidental equipment and appurtenances neeelude any plant, system, facility or property essary therefor. and additions, extensions and improvements (8) "District clerk" shall mean the clerk thereto at any future time constructed or ac- of the circuit court and ex officio clerk of the quired as part thereof, useful or necessary or board of county commissioners in and for any having the present capacity for future use in county having or establishing a district pursuconnection with the development of sources, ant to this law, who shall be clerk and treasurtreatment or purification and distribution of er of the district. water for domestic or industrial use and (9) "Revenue bonds" shall mean bonds or without limiting the generality of the fore~ other obligations secured by and payable from

548


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 assessments levied against benefited lands, and which may be additionally secured by a pledge of the full faith and credit of the district.

History .-§3, ch. 59-466.

153.53 Establishment of districts in unincorporated areas.-8ubject 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, provided that any such distr:ict 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 district, school district or any other public corporations or bodies politic of any nature whatsoever, except municipalities.

History.-§4, ch. 59-466.

153.54 Same; petition for; report by county commissioners.-Upon receipt of a petition duly signed by not less than twenty-five 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 ~:;ter and sewer facilities in the area compnsmg such proposed district; .

( 4) Findings with respect to the necessity or reasonableness of the inclusion of lands proposed to be included within the ~istrict with reference to the benefits to be denved or able to be derived by such included lands from such proposed improvements, and . the necessity or reasonableness of the exclusiOn of .lan.ds adjacent to or within such proposed distnct with reference to such benefits. 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.

mstory.-§5, ch. 59-466.

153.55 Same; public hearing; findings of commission.-

(1) Upon submission of any such report the board of county commissioners shall hold a public hearing upon such repo:t ::nd tp.e question of the creation of such distnct, giving at least twenty days' notice of such hearing by advertisement in a. news~aper. published in the county and cuculatmg m the area of the proposed district or by posting as provided in §153.56 if no such newspaper be published.

(2) At such hearing any taxpayer, prop-erty owner qualified elector or other mterested or a'ffected 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

549


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.

ms&ory.-§6, ch. 69-466.

153.56 Call election to determine creation of district, issuance of bonds.-

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 elections may be held at any time, including the dates upon which general or primary elections are held in such county.

ms&ory.-§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.

mator,..-§6, ch. 59-466.

(1) If the board of county commissioners shall deem that the creation of the proposed district is necessary in the public interest as provided in §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 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 thirty days from the date of the first publication or posting 153.58 Election results; resolution of comof the notice thereof and such notice shall be mission; publication of notice of estoppel.published once a week for four successive (1) Immediately after any such election or weeks in a newspaper published in the county elections the board of county commissioners and circulating in the area of the proposed shall hold a meeting and shall canvass the votes district, and if no such newspaper be published cast at said election or elections and declare in the county and circulating in the district, the results thereof by resolution. such notice shall be posted in at least ten dif- (a) If a majority of the qualified electors ferent public places within the district. who vote in said election on the creation of

(2) Except as otherwise provided in this such distriet shall vote in favor of creation of law, said election shall be held and conducted said distriet the board of county commissioners pursuant to the general laws of the state appli- shall by resolution declare the district duly erecable thereto, provided, that if the question of ated, and forthwith cause an estoppel notice to the issuance of general obligation bonds is to be published one time in a newspaper pubbe voted upon, the election thereon shall con- lished in the county and circulating in the disform to the applicable provisions of the consti- trict, or if there be no such newspaper, posted tution and statutes of Florida relating to free- in at least ten public plaees in the district. Said holder elections. notice shall recite the due creation of said

(3) Said call for election of the qualified district pursuant to this law and the affirmative electors and notice thereof shall include a vote of the majority of the qualified electors description of the proposed boundaries of said voting thereon at said election duly called and

held; and shall further recite the substance of district, which need not be by metes and bounds the provisions of said notice of election set but shall be in such detail as to give a reason- forth in §153.56 and that all of the proceedings able and accurate description thereof and had and actions taken in the creation of said shall further specifically recite that said dis- district, the holding of said election and an trict, if created, shall be authorized: accurate description of said district are on file

(a) To construct or acquire a sewer sys- in the office of the clerk of the circuit court tern or water system or both for said district open to public inspection, and shall state that and any improvements, additions and exten- any action or proceeding of any kind or nature sions thereto and to have exclusive control and questioning the validity of the creation and jurisdiction thereof; establishment of said district, including but

(b) To finanee the cost of sueh construe- not limited to, the exclusion or inclusion of tion or acquisition of such improvements by the lands therein, or other pertinent matters, shall issuance of either its revenue bonds, general be commenced within twenty days after the obligation bonds or assessment bonds, as de- first publication of such notice in the circuit fined in this law, or any combination thereof; court in and for the county. If no such action

(c) Said notice shall further expressly or proceeding shall be commenced or instituted state that such district, if created and establish- within twenty days after the first publication ed, shall constitute a special tax district, all or posting of such notice, then all taxpayers, the property within which shall be subject to property owners or persons residing within said the levy of ad valorem taxes without limi- district or any other interested parties, public, tation of rate or amount to secure payment of private or corporate within the county and all any of its general obligations, and for the the persons whatsoever shall be forever bar-

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Florida Statutes 1967, Volume 1 -...

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