HB 1567

1	A bill to be entitled
2	An act relating to the West Villages Improvement
3	District, City of North Port, Sarasota County;
4	providing a short title; providing a district charter;
5	creating an independent special district; providing a
6	district boundary; providing for amendment only by
7	special act; providing powers, functions, and duties;
8	providing for a governing board, elections,
9	qualifications, terms of office, staggering terms of
10	office, removal from office, and filling vacancies;
11	providing for election of a chair, vice chair, and
12	secretary-treasurer; providing a quorum; providing
13	requirements for meetings and notice; providing
14	requirements for reports, budgets, and audits;
15	providing for liberal construction; authorizing the
16	levy of non-ad valorem assessments; specifying method
17	of collection and enforcement of non-ad valorem
18	assessments; authorizing property appraiser's and tax
19	collector's fees or commissions; providing for
20	collection and enforcement of fees, costs, and
21	expenses; providing for issuance of revenue bonds,
22	assessment bonds, bond anticipation notes, and general
23	obligation bonds; providing for the applicability of
24	provisions of chapters 189 and 298, Florida Statutes,
25	and other general laws; providing for severability;
26	providing an effective date.
27
28	Be It Enacted by the Legislature of the state:
29
30	Section 1.  Popular name.--This act may be cited as the
31	"West Villages Improvement District Act."
32	Section 2.  District; creation, jurisdiction, and
33	purpose.--     (1)  The West Villages Improvement District,
34	herein referred to as the "district," is hereby created and
35	incorporated as an independent special district, pursuant to
36	chapter 189, Florida Statutes, to be known as the West Villages
37	Improvement District, in the City of North Port, Sarasota
38	County, which independent special district shall be a public
39	body corporate and politic.
40	(2)  The district?s territorial boundary shall embrace and
41	include that real property described in following section 17.
42	(3)  The district is created for all purposes as shall be
43	liberally construed from and set forth in this act, under
44	sections 189.401-189.432, Florida Statutes, provided that
45	section 189.4045(2), Florida Statutes, is specifically excluded
46	and not applicable to the district or the City of North Port,
47	and chapter 298, Florida Statutes, as the same may be amended
48	from time to time, and may perform such acts as shall be
49	necessary, convenient, incidental, or proper for the provision,
50	acquisition, development, operation, and maintenance of those
51	public infrastructure works and services authorized herein,
52	including all facilities necessary and incidental thereto.
53	(4)  The district charter created by this act may be
54	amended only by special act of the Legislature. Any expansion of
55	the powers or the boundaries of the district within the City of
56	North Port shall require prior approval of the City of North
57	Port Commission or its designee.
58	(5)  The definition of terms and phrases shall be as set
59	forth in chapters 189 and 298, Florida Statutes, unless
60	otherwise herein defined.
61	Section 3.  District powers, functions, and duties.--
62	(1)  In addition to any powers, functions, and duties set
63	forth in this act, the district shall have the authority to
64	exercise such powers, functions, and duties as may be set forth
65	in chapter 298, Florida Statutes, as the same may be amended
66	from time to time to the extent same are not in conflict with
67	the provisions of this act.
68	(2)  The district is hereby authorized and empowered as
69	follows:
70	(a)  To adopt by resolution bylaws for the regulation of
71	its affairs and the conduct of its business.
72	(b)  To adopt by resolution rules as necessary for
73	implementation, regulation, and enforcement as are consistent
74	with the purposes of the district and this act.
75	(c)  To adopt an official seal reflecting the name and
76	nature of the district.
77	(d)  To acquire by grant, loan, purchase, gift, transfer,
78	exchange, dedication, lease, devise, or, when reasonably
79	necessary for the implementation of district-authorized public
80	infrastructure works, facilities, or services by means of the
81	exercise of the right of eminent domain pursuant to the laws of
82	the state and in accordance with section 12 of this act, all
83	property, real or personal, or any easement, license, estate, or
84	interest therein necessary, desirable, or convenient for the
85	purposes of this act, and to sell, convey, transfer, gift,
86	lease, rent, dedicate, forfeit, abandon, exchange, or assign all
87	or any part thereof to or with other entities, including
88	governmental entities and agencies, and to exercise all of its
89	powers and authority with respect thereto. Notwithstanding
90	anything contained herein, the district shall not obtain fee
91	simple title to any real property within the district except by
92	dedication on an approved plat, with the approval of the City of
93	North Port Commission or its designee, or if otherwise required
94	by another governmental entity or agency. Any property interests
95	owned by the district which are used for nonpublic or private
96	commercial purposes shall be subject to all ad valorem taxes,
97	intangible personal property taxes, or non-ad valorem
98	assessments, as would be applicable if said property were
99	privately owned.
100	(e)  To finance, plan (consistent with City of North Port
101	Comprehensive Plan and implementing ordinances, studies, and
102	plans), design, acquire, construct, install, operate, equip,
103	upgrade, reclaim, replace, extend, renovate, mitigate, and
104	maintain canals, swales, outfalls, dams, control structures,
105	pumps and pumping systems, aerators, seawalls, berms, ditches,
106	telemetry and monitoring equipment, retention areas, holding
107	basins, marshes, wetlands, uplands, drains, levees, lakes,
108	ponds, and other works or elements for modern comprehensive
109	water management drainage, environmental, mitigation
110	preservation, erosion, quality, and control purposes, and further
111	that the district shall agree, at the request of the City of North
112	Port Commission or its designee, subject to a developer?s
113	agreement with the City of North Port (neither party?s consent to
114	said developer?s agreement shall be unreasonably withheld), to
115	donate and turn over operation of all or any portion of said water
116	management system to the City of North Port.
117	(f)  To regulate, modify, control, and redirect the supply
118	and level of water within the district if consistent with City
119	of North Port and Southwest Florida Water Management District
120	rules and regulations, including the division of waters from one
121	area, lake, pond, river, stream, basin, or water control
122	facility to another; to control and restrict the development and
123	use of natural or artificial streams or bodies of water, lakes,
124	or ponds; and to take of measures determined by the board to be
125	necessary or desirable to prevent or alleviate land erosion,
126	flooding, or water quality problems or issues, provided all such
127	activity shall be carried out in accordance with applicable
128	federal, state, and local government rules and regulations.
129	(g)  To finance the implementation of appropriate studies,
130	whether by the district or in conjunction with other agencies or
131	entities, to assist in implementing the district?s powers,
132	authorities, and purposes as set forth herein and to facilitate
133	the orderly management of the district and its works and
134	facilities.
135	(h)  To finance, plan (consistent with City of North Port
136	Comprehensive Plan and implementing ordinances, studies, and
137	plans), design, acquire, construct, install, operate, equip,
138	upgrade, replace, extend, renovate, and maintain irrigation
139	works, machinery, plants, and appurtenances.
140	(i)  To finance, plan (consistent with City of North Port
141	Comprehensive Plan and implementing ordinances, studies, and
142	plans), design, acquire, construct, install, operate, equip,
143	upgrade, replace, extend, renovate, and maintain roadways; and
144	to include either as a component of such roads or independently
145	by themselves, parkways, bridges, landscaping, irrigation,
146	bicycle and jogging paths, street lighting, entry features,
147	traffic signals, road striping, and all other customary elements
148	or appurtenances of a modern road system for the exclusive use
149	and benefit of the district, a unit of development, and/or its
150	landowners, residents, and invitees in order to control ingress
151	and egress; to finance and maintain said roads and their
152	associated elements and components as a part of a plan of
153	improvements; to construct and maintain security structures to
154	control the use of said roads; to make provision for access by
155	fire, police, and emergency vehicles and personnel for the
156	protection of life and property; to include, in the annual
157	assessment of non-ad valorem assessments as authorized,
158	sufficient funds to finance and maintain said roads as a part of
159	a plan of improvements, and to adopt, by resolution of the
160	board, rules and regulations for the control of traffic, noise
161	levels, crime, and the use of the roads by those authorized.
162	Provided that in the event the district should construct all or
163	any portion of a major thoroughfare or transportation route as
164	identified in section 163.3177(6)(b), Florida Statutes, the
165	district will not be permitted to limit said thoroughfare or
166	transportation route for the exclusive use and benefit of the
167	district, a unit of development, and/or its residents without
168	the written consent of the applicable local general government.
169	Notwithstanding anything to the contrary herein, construction of
170	roads by the district shall not be in conflict with City of
171	North Port rules, master plans, plans, specifications, or
172	regulations. The district shall agree, at the request of the City
173	of North Port Commission or its designee, subject to applicable
174	impact fee ordinances and a developer?s agreement with the City of
175	North Port (neither party?s consent to said developer?s agreement
176	shall be unreasonably withheld), to donate and turn over operation
177	of all or any portion of any public roadway system to the City of
178	North Port.
179	(j)  To finance, plan (consistent with City of North Port
180	Comprehensive Plan and implementing ordinances, studies, and
181	plans), design, acquire, construct, install, operate, equip,
182	upgrade, replace, extend, renovate, and maintain entry features,
183	garages, parking facilities, district offices, buildings,
184	facilities, and structures.
185	(k)  To finance, plan (consistent with City of North Port
186	Comprehensive Plan and implementing ordinances, studies, and
187	plans), design, acquire, construct, install, operate, equip,
188	upgrade, replace, extend, renovate, reclaim, mitigate, protect,
189	remove exotics, and maintain improvements, works, landscaping,
190	systems, structures, buildings, and facilities for community or
191	public preserves, uplands, wetlands, playgrounds, parks,
192	gymnasiums, stadiums, ballfields, greenways, waterways, and
193	facilities for indoor and outdoor recreational, sport, cultural,
194	and educational uses.
195	(l)  To finance, plan (consistent with City of North Port
196	Comprehensive Plan and implementing ordinances, studies, and
197	plans), design, acquire, construct, install, operate, set, and
198	charge by resolution access, user, or connection fees and
199	charges, equip, upgrade, replace, store, extend, renovate, and
200	maintain water plants and systems, plus appurtenances, to
201	produce, desalinate, purify, sell, and distribute water for
202	consumption, irrigation, or other purposes; provided that the
203	exercise of such construction, operation, fee establishment, and
204	production powers by the district shall require the prior approval
205	of the City of North Port Commission or its designee, and further
206	that the district shall agree, at the request of the City of North
207	Port Commission or its designee, subject to a utility developer?s
208	agreement with the City of North Port (neither party?s consent to
209	said developer?s agreement shall be unreasonably withheld), to
210	donate and turn over operation of all or any portion of said water
211	system to the City of North Port.
212	(m)  To finance, plan (consistent with City of North Port
213	Comprehensive Plan and implementing ordinances, studies, and
214	plans), design, acquire, construct, install, operate, set, and
215	charge by resolution access, user, or connection fees and
216	charges, equip, upgrade, replace, extend, renovate, and maintain
217	sewer systems, plus appurtenances, for the collection, disposal,
218	and reuse of effluent, waste, residue, or other byproducts of
219	such system, prevent pollution, and improve water quality;
220	provided that the exercise of such construction, operation, and
221	fee establishment powers by the district shall require the prior
222	approval of the City of North Port Commission or its designee, and
223	further that the district shall agree, at the request of the City
224	of North Port Commission or its designee, subject to a utility
225	developer?s agreement with the City of North Port (neither party?s
226	consent to said developer?s agreement shall be unreasonably
227	withheld), to donate and turn over operation of all or any portion
228	of said wastewater system to the City of North Port.
229	(n)  To finance, plan (if not inconsistent with other
230	responsible agencies or authorities), design, acquire,
231	construct, install, operate, equip, upgrade, replace, extend,
232	renovate, and maintain improvements and facilities for and take
233	measures to control mosquitoes or other insects and arthropods
234	of public health importance.
235	(o)  To finance, plan (consistent with City of North Port
236	Comprehensive Plan and implementing ordinances, studies, and
237	plans), design, acquire, construct, install, operate, equip,
238	upgrade, replace, extend, renovate, and maintain lands, works,
239	systems, landscaping, and facilities for preservation areas,
240	conservation areas, environmental areas, mitigation areas, and
241	wildlife habitat or sanctuaries, including the maintenance of
242	any plant or animal species, and any related interest in real or
243	personal property. The district shall allow the City of North
244	Port access to all such improvements and shall allow access by
245	the public when appropriate.
246	(p)  To finance, plan (consistent with City of North Port
247	Comprehensive Plan and implementing ordinances, studies, and
248	plans), design, acquire, construct, install, operate, equip,
249	upgrade, replace, extend, renovate, and maintain additional
250	systems and facilities for school buildings and related
251	structures which may be donated to a public school district,
252	subject to a developer?s agreement (neither party?s consent to
253	said developer?s agreement shall be unreasonably withheld), for
254	use in the educational system; provided that donation of any
255	land and the exercise of such construction powers by the
256	district shall require the prior approval of the School Board of
257	Sarasota County and the City of North Port City Commission or
258	its designee.
259	(q)  To levy non-ad valorem assessments; prescribe, fix,
260	establish, and collect rates, fees, rentals, fares, or other
261	charges, and to revise the same from time to time, for property,
262	facilities, and services made available, furnished, or to be
263	furnished by the district; and to recover the cost of making or
264	authorizing the connection to any district facility or system or
265	installing works or improvements on or within district property
266	interests. However, no rates, fares, charges, or fees shall be
267	established until after a public hearing of the board at the
268	district at which all affected persons shall be given an
269	opportunity to be heard.
270	(r)  To provide for the discontinuance of service and
271	reasonable penalties, including reasonable attorney's fees,
272	against any user or property for any such rates, fees, rentals,
273	fares, or other charges that become delinquent and require
274	collection.
275	(s)  To enter into agreements with any person, firm,
276	entity, partnership, or corporation (public, private, or
277	governmental) for the furnishing by such person, firm, entity,
278	partnership, or corporation of any facilities and services of
279	the type provided for, authorized, or necessarily implied as
280	being authorized in this act.
281	(t)  To borrow money and issue negotiable or other bonds of
282	said district as hereinafter provided; and to borrow money, from
283	time to time, and issue negotiable or other notes of said
284	district therefore, bearing interest at not exceeding the
285	maximum interest allowable by law, in anticipation of the
286	collection of levies, fees, penalties, charges, fares, and
287	assessments or revenues of said district, and to pledge or
288	hypothecate such non-ad valorem assessments, levies,
289	assessments, and revenues to secure such bonds, notes, or
290	obligations, and to sell, discount, negotiate, and dispose of
291	the same.
292	(u)  To provide for safety enhancements, including, but not
293	limited to, security, guardhouses, fences, and gates, and
294	electronic intrusion detection systems; except that the district
295	shall not be authorized or empowered to exercise any police
296	power, but may contract with the appropriate local general
297	purpose government agencies for an increased level of such
298	service. Notwithstanding anything to the contrary, nothing
299	herein shall allow the district to limit the level of law
300	enforcement provided by federal, state, or local governmental
301	agencies.
302	(v)  To provide, at the request of local general purpose
303	governments consistent with the plans of the local general
304	purpose government, systems and facilities for fire prevention
305	and control and emergency medical services, including the
306	construction or purchase of fire stations, water mains and
307	plugs, fire trucks, and other vehicles and equipment consistent
308	with any adopted local general purpose government ordinances,
309	rules, or regulations and, further, that the district shall
310	agree, at the request of the local general purpose government,
311	subject to a developer?s agreement with the City of North Port
312	(neither party?s consent to said developer?s agreement shall be
313	unreasonably withheld), to donate and turn over operation of all
314	or any portion of said facilities to the local general purpose
315	government.
316	(w)  To submit for and obtain permits, plus make and enter
317	into contracts and agreements as are necessary or incidental to
318	the performance of the duties imposed and the execution of the
319	powers granted under this act, and to employ such consulting and
320	other engineers, superintendents, managers, administrators,
321	construction and financial experts, attorneys, and such
322	employees and agents as may, in the judgment of the district, be
323	necessary, and to fix their compensation.
324	(x)  To require any individual or entity desiring to
325	construct any structure in, over, under, upon, or occupying
326	district property or right-of-way or connecting to or utilizing
327	the works of the district to first obtain written authorization
328	from the district and comply with all City of North Port and
329	district plans, rules, regulations, policies, and
330	specifications, provided that said written authorization shall
331	be issued upon compliance with such applicable City of North
332	Port and district plans, rules, regulations, policies, and
333	specifications. The board of supervisors shall be permitted the
334	discretion to deny or revoke any written authorization or
335	application for same if they find that the matter for which the
336	authorization is sought or granted does not comply with the City
337	of North Port and district plans, rules, regulations, or
338	policies. All fees and costs, including construction, review,
339	inspection, copying, engineering, legal, and administrative
340	expenses of the district, shall be paid by the applicant seeking
341	the authorization. Any such district written authorization shall
342	not be deemed or construed as being an alternative to or in
343	place of the applicant?s obligation to also obtain all other
344	governmental building and construction permits and approvals.
345	Any conflict between City of North Port and district plans,
346	rules, regulations, policies, and specifications shall be
347	resolved in favor of the City of North Port.
348	(y)  To include in a plan of improvements, the engineer's
349	report, or the authorizing and implementing documents under
350	chapter 170, Florida Statutes, which shall include, but are not
351	limited to, all applicable resolutions, assessment maps, and/or
352	assessment rolls (the ?chapter 170 authorizing documents?), all
353	or one or more of the various powers and functions, including
354	individual parts or components thereof, of the district or any
355	combination of same and to construct and finance said individual
356	or combination of such powers and functions, including
357	individual parts or components thereof. It is the intent of this
358	section that a plan of improvements, the engineer's report, or
359	chapter 170 authorizing documents may provide for a single
360	benefit to the land authorized by the laws pertaining to the
361	district or one or more of all of said benefits or combination
362	thereof as long as there are benefits accruing to the land.
363	(z)  To provide in a plan of improvements, the engineer's
364	report, or chapter 170 authorizing documents that in assessing
365	the benefits and damages to be incurred by lands of the district
366	from the implementation, provision, or construction of a plan of
367	improvements or improvements or services pursuant to chapter 170
368	authorizing documents, the varying types of existing or proposed
369	land uses of the land within the unit or affected by such
370	construction or implementation, as the case may be, may be
371	considered and be entitled to so assess the benefits and
372	damages. The district may levy non-ad valorem assessments based
373	upon the benefits assessed in such manner, taking into account
374	the varying existing or proposed land uses of the land affected
375	by such construction as shall provide for the equitable
376	apportionment of such assessments. Such assessments may be
377	levied on the basis of lots, units, acreage, parcels, equivalent
378	connection, or uses or as otherwise set forth in the engineer's
379	report or in the chapter 170 authorizing documents.
380	(aa)  To establish and create such departments, committees,
381	boards, or other agencies, including a public relations
382	committee, as from time to time the board of supervisors may
383	deem necessary or desirable in the performance of the acts or
384	other things necessary to the exercise of the powers provided in
385	this act, and to delegate to such departments, committees,
386	boards, or other agencies such administrative duties and other
387	powers as the board of supervisors may deem necessary and to
388	exercise all other powers necessary convenient or proper in
389	connection with any of the powers or duties of said district
390	stated in this act by and through the board of supervisors.
391	Notwithstanding anything contained herein, no such departments,
392	committees, boards, or other agencies shall have the power or
393	authority to supersede any powers or authorities of the City of
394	North Port.
395	(bb)  Notwithstanding any authority contained within this
396	section, the development, operation, or maintenance of any
397	district facilities or services shall comply with the adopted
398	comprehensive plan, unified land development code, zoning code,
399	and any other city codes of the City of North Port.
400	(cc)  To establish, or otherwise make available, a plan for
401	retirement, disability, dental, death, hospitalization, and
402	other appropriate benefits for employees of the district.
403	(dd)  To invest surplus funds of the district consistent
404	with the Investment of Local Government Surplus Funds Act, part
405	IV, chapter 218, Florida Statutes.
406	(ee)  To submit to the City of North Port the plan of
407	improvement for major government infrastructure capital elements
408	that may eventually be dedicated or donated to the City of North
409	Port so that the city can rely on and incorporate said plan of
410	improvement into the City?s Capital Improvement Plan.
411	(ff)  To apply for, obtain, and utilize any grants from
412	other entities consistent with the powers of the district;
413	provided, however, that district shall coordinate with and
414	obtain timely authorization from the City of North Port
415	Commission or its designee prior to the submittal of any grant
416	application.
417	(3)  To include in a plan of improvements, the engineer's
418	report , chapter 170 authorizing documents, or otherwise
419	provide, for the exercise of the district?s powers, services,
420	facilities, and improvements beyond the territorial boundaries
421	of the district, when necessary and appropriate in order to
422	provide a benefit on behalf of lands located within the district
423	and pursuant to an approved plan of improvements or chapter 170
424	authorizing documents. Any such construction must be in
425	accordance with the city?s master plans and requirements.
426	Section 4.  Board of supervisors; election, organization,
427	powers, duties, and terms of office.--
428	(1)  There is hereby created a Board of Supervisors of the
429	West Villages Improvement District, which shall be the governing
430	body of said district.
431	(2)  Said board of supervisors shall consist of five
432	persons who, except as herein otherwise provided, shall each
433	hold office for terms of 5 years each and until their successors
434	shall be duly elected and qualified.
435	(3)  The first board of supervisors of the district shall
436	be composed of five persons, one of whom shall hold office for 6
437	years, one of whom shall hold office for 5 years, one of whom
438	shall hold office for 4 years, one of whom shall hold office for
439	3 years, and one of whom shall hold office for 2 years, which
440	terms shall terminate in June of their applicable final year.
441	Within 120 days after this act becomes a law, a special meeting
442	of landowners of the West Villages Improvement District shall be
443	held for the purpose of electing the first board of supervisors
444	for the West Villages Improvement District as herein provided.
445	Notice of such special meeting of landowners shall be given by
446	causing publication thereof to be made once a week for 2
447	consecutive weeks prior to such meeting in the newspaper of
448	general paid circulation that the City of North Port publishes
449	notices of city meetings, and prior to the meeting, provision of
450	2 weeks advance written notice to the City of North Port City
451	Manager including the agenda and any backup material. Such
452	special meeting of landowners shall be held in a public place in
453	the City of North Port, and the place, date, and hour of holding
454	such meeting and the purpose thereof shall be stated in the
455	notice. The landowners when assembled shall organize by electing
456	a chair who shall preside at the meeting and a vice chair,
457	secretary, and treasurer. At such meeting, each and every acre,
458	or any fraction thereof, of land in the district shall represent
459	one vote and each owner shall be entitled to one vote in person
460	or by written proxy for every acre of land, or any fraction
461	thereof, owned by such owner in the district. Candidates must be
462	citizens of the United States and shall be nominated prior to
463	commencement of the initial election. The landowners shall first
464	vote for the supervisor who is to hold office for that seat with
465	an initial term of 6 years as herein provided, and the person
466	receiving the highest number of votes for such supervisor office
467	shall be declared and elected as the supervisor for said seat.
468	The landowners shall next vote for the supervisor who is to hold
469	office for that seat with a term of 5 years as provided herein,
470	and the person receiving the highest number of votes for such
471	supervisor shall be declared and elected as such supervisor for
472	said seat. Said landowners shall continue to so vote for each
473	remaining seat until the supervisor who is to hold office for
474	the term of 2 years as herein provided is elected for said seat.
475	The landowners present or voting by proxy at the meeting shall
476	constitute a quorum.
477	(4)  Each year during the month of June, beginning with
478	June of the second year following the first election, a
479	supervisor shall be elected, as hereinafter provided, by the
480	landowners of said district to take the place of the retiring
481	supervisor. All vacancies or expirations on said board shall be
482	filled as provided by this act. All supervisors of the district
483	shall be citizens of the United States. Following the initial
484	election of supervisors in order to be eligible for election, a
485	candidate for an office of supervisor shall be required to file
486	a written notice of intention to be a candidate in said office
487	of the district at least 30 calendar days but not earlier than
488	90 calendar days before but not including the day of the annual
489	meeting of the landowners. In case of a vacancy in the office of
490	any supervisor, the remaining supervisors within 90 calendar
491	days of the vacancy shall fill such vacancy until the expiration
492	of that seat?s outstanding term when a successor shall be
493	elected by the landowners.
494	(5)  As soon as practicable after their election and the
495	taking of oaths of office, the board of supervisors of the
496	district shall organize by choosing a chair and vice chair of
497	the board of supervisors and by electing some suitable persons
498	secretary and treasurer, who may or may not be members of the
499	board. The board of supervisors shall adopt a seal which shall
500	be the seal of the district.
501	(6)  Each supervisor shall hold office until his or her
502	successor shall be elected and qualified. Whenever any election
503	shall be authorized or required by this act to be held by the
504	landowners at any particular or stated time or day, and if for
505	any reason such election shall not or cannot be held at such
506	time or on such day, then in such event and in all and every
507	such event, the power or duty to hold such election shall not
508	cease or lapse, but such election shall be held thereafter as
509	soon as practicable and consistent with this act.
510	(7)  The supervisors shall not receive any compensation for
511	their services.
512	Section 5.  Meetings of landowners.--
513	(1)  Each year during the month of June, a meeting of the
514	landowners of the district shall be held, when necessary, for
515	the purpose of electing a supervisor and hearing reports of the
516	board of supervisors and considering any matters upon which the
517	board of supervisors may request the advice and views of the
518	landowners. The board of supervisors shall have the power to
519	call special meetings of the landowners at any time to consider
520	and act upon any matter upon which the board of supervisors may
521	request action, direction, or advice. Notice of all meetings of
522	the landowners shall be given by the board of supervisors by
523	causing publication thereof to be made for 2 consecutive weeks
524	prior to such meeting in the newspaper of general paid
525	circulation that the City of North Port publishes notices of
526	city meetings, and prior to the meeting, provision of 2 weeks
527	advance written notice to the City of North Port City Manager
528	including the agenda and any backup material. The meetings of
529	the landowners shall be held in a public place in the City of
530	North Port, and the place, day, and hour of holding such
531	meetings shall be stated in the notice. The landowners when
532	assembled shall organize by electing a chair who shall preside
533	at the meeting. The secretary of the board of supervisors shall
534	be the secretary of such meeting. At all such meetings each and
535	every acre, or any fraction thereof, of land in the district
536	shall represent one vote, and each owner shall be entitled to
537	one vote in person or by written proxy for every acre, or any
538	fraction thereof, of land owned by such owner in the district.
539	The person receiving the highest number of votes for a
540	supervisor position shall be declared and elected as such
541	supervisor. Those landowners present or voting by proxy at the
542	meeting, including the initial meeting, shall constitute a
543	quorum at any meeting of the landowners.
544	(2)  Guardians may represent their wards, and personal
545	representatives may represent the estates of deceased persons.
546	Trustees may represent lands by them in trust, and private and
547	municipal corporations may be represented by their officers or
548	duly authorized agents. Guardians, personal representatives,
549	trustees, and corporations may vote by proxy.
550	Section 6.  Installment assessments, levied and
551	apportioned, and the collection thereof.--
552	(1)  The board of supervisors shall determine, order, and
553	levy the amount of the annual installments of the non-ad valorem
554	assessments levied under section 298.305, Florida Statutes,
555	which shall become due and collected during each year at the
556	same time that county taxes are due and collected, which levy
557	shall be evidenced to and certified by the board to the Tax
558	Collector of Sarasota County, pursuant to sections 197.3631,
559	197.3632, and 197.3635, Florida Statutes. Said non-ad valorem
560	assessments shall be extended by the county tax collector on the
561	tax roll and shall be collected by the tax collector and the net
562	proceeds thereof paid to said district. Said non-ad valorem
563	assessments shall be a lien until paid on the property against
564	which it is assessed, and enforceable in like manner as county
565	taxes.
566	(2)  As an alternative, in addition to, or in combination
567	with the above levy and assessment procedure for non-ad valorem
568	assessments, the district shall have, and the board of
569	supervisors may exercise, the power to determine, order, levy,
570	impose, collect, and enforce special assessments pursuant to
571	chapter 170, Florida Statutes. Such special assessments may, in
572	the discretion of the district, be collected and enforced
573	pursuant to the provisions of sections 197.3631, 197.3632, and
574	197.3635, Florida Statutes, chapter 170, Florida Statutes, or as
575	otherwise determined by the board.
576	Section 7.  Maintenance assessment.--
577	(1)  In lieu of any maintenance assessment provision of
578	chapter 298, Florida Statutes, when in order to operate,
579	maintain, and preserve the improvements made, constructed,
580	installed, acquired, or received pursuant to this act and to
581	repair, upgrade, replace, extend, and restore the same, when
582	needed, and for the purpose of defraying the expenses, including
583	administration, of the district, the board of supervisors may
584	levy annually an assessment on specified property in the
585	district, to be known as a "maintenance assessment." Said
586	maintenance assessment shall be evidenced to and certified by
587	the board to the Tax Collector of Sarasota County, in the same
588	fashion and manner of other district non-ad valorem assessments
589	and shall be collected by the tax collector in the same manner
590	and time as county taxes and the proceeds therefrom paid to said
591	district. Said assessments shall be a lien until paid on the
592	property against which assessed and enforceable in like manner
593	as county taxes.
594	(2)  Provisions may be made for the financing, acquisition,
595	replacement, and maintenance of capital improvements necessary
596	for the operation of the district as a part of the maintenance
597	assessment.
598	Section 8.  Compensation of property appraiser and tax
599	collector.--The property appraiser and tax collector shall be
600	entitled to compensation for services performed in connection
601	with assessments of said district as provided by general law.
602	Section 9.  Acreage assessment for payment of initial
603	formation and organization expenses.--There is hereby authorized
604	by the Legislature upon each and every acre of land within the
605	territorial boundary of the district, the authority through its
606	said board of supervisors and for the purpose of paying expenses
607	incurred or to be incurred in organizing the district, the
608	authority to levy such non-ad valorem assessments as may be
609	determined by said board of supervisors, before said board of
610	supervisors shall otherwise be able to obtain funds under the
611	provisions of this act or the general laws of the state. Such
612	organizing assessments shall become due and payable as
613	determined by the board of supervisors and shall become
614	delinquent 90 days thereafter. Said assessment shall be a lien
615	upon the lands in said district from the date of the enactment
616	of this act and may be collected in the same manner as the
617	annual installment of non-ad valorem assessments or as otherwise
618	determined by the board of supervisors. If it shall appear to
619	the board of supervisors to be necessary to obtain funds to pay
620	any expenses incurred or to be incurred in organizing said
621	district, preparing a plan of improvements or chapter 170
622	authorizing documents, or other expenses of the conduct and
623	operation of the district before a sufficient sum can be
624	obtained by the collection of the organization assessment
625	authorized by this section of this act, said board of
626	supervisors may also borrow a sufficient sum of money for any of
627	said purposes at a statutory lawful rate of the interest and may
628	issue negotiable notes or bonds therefor and may pledge any and
629	all assessments of the formation assessment that may be levied
630	under the provisions of this section for the repayment thereof.
631	Section 10.  Bonds may be issued, sale and disposition of
632	proceeds; interest; levy to pay bonds; bonds and duties of
633	treasurer.--
634	(1)  The provision of this section shall constitute full
635	and complete authority for the issuance of bonds by the
636	district.
637	(2)  Provided that any and all loans or bonds of the
638	district are non-recourse as to the City of North Port, the
639	board of supervisors may issue bonds not to exceed 90 percent of
640	the total amount of the non-ad valorem assessments levied under
641	the provisions of section 298.305, Florida Statutes, or equal to
642	the total amount levied under chapter 170, Florida Statutes,
643	bearing interest from date at a rate not to exceed the statutory
644	lawful maximum per annum, payable annually or semiannually, to
645	mature at annual intervals within 40 years commencing after a
646	period of not later than 10 years, to be determined by the board
647	of supervisors, with both principal and interest payable at some
648	convenient place designated by the board of supervisors to be
649	named in said bonds, which bonds shall be signed by the chair of
650	the board of supervisors, attested with the seal of the district
651	and by the signature of the secretary of the board. All of said
652	bonds shall be executed and delivered to the district or its
653	agent, which shall sell the same in such quantities and at such
654	dates as the board of supervisors may deem necessary to meet the
655	payments for the works, services, and improvements in and of the
656	district. A sufficient amount of the non-ad valorem assessment
657	shall be appropriated by the board of supervisors for the
658	purpose of paying the principal, premium, if any, and interest
659	of said bonds, and the same shall, when collected, be preserved
660	in a separate fund for that purpose and no other. All bonds not
661	paid at maturity shall bear interest at a rate of not to exceed
662	the statutory lawful maximum per annum from maturity until paid,
663	or until sufficient funds have been deposited at the place of
664	payment, and said interest shall be appropriated by the board of
665	supervisors out of the penalties and interest collected on
666	delinquent assessments or other available funds of the district.
667	Provided, however, that it may, in the discretion of said board,
668	be provided that at any time, after such date as shall be fixed
669	by the said board, said bonds may be redeemed before maturity at
670	the option of said board, or their successors in office, by
671	being made callable prior to maturity at such times and upon
672	such prices and terms and other conditions as said board shall
673	determine. If any bond so issued subject to redemption before
674	maturity shall not be presented when called for redemption, it
675	shall cease to bear interest from and after the date so fixed
676	for redemption.
677	(3)  The board of supervisors of said district shall have
678	authority to issue refunding bonds to take up any outstanding
679	bonds and any interest accrued thereon when, in the judgment of
680	said board, it shall be for the best interest of said district
681	so to do. The said board is hereby authorized and empowered to
682	issue refunding bonds to take up and refund all bonds of said
683	district outstanding that are subject to call and prior
684	redemption, and all interest accrued to the date of such call or
685	prior redemption, and all bonds of said district that are not
686	subject to call or redemption, together with all accrued
687	interest thereon, where the surrender of said bonds can be
688	procured from the holders thereof at prices satisfactory to the
689	board or can be exchanged for such outstanding bonds with the
690	consent of the holder thereof. Such refunding bonds may mature
691	at any time or times in the discretion of said board, not later,
692	however, than 40 years from the date of issuance of said
693	refunding bonds. Said refunding bonds shall bear such date of
694	issue and such other details as the board shall determine, and
695	may, in the discretion of said board, be made callable prior to
696	maturity at such times and upon such prices and terms and other
697	conditions as said board shall determine. All the other
698	applicable provisions of this act not inconsistent therewith
699	shall apply fully to said refunding bonds and the holders
700	thereof shall have all the rights, remedies, and security of the
701	outstanding bonds refunded, except as may be provided otherwise
702	in the resolution of the board authorizing the issuance of such
703	refunding bonds. Any funds available in the sinking fund for the
704	payment of the principal, premium, if any, and interest of
705	outstanding bonds may be retained in the fund to be used for the
706	payment of principal, premium, if any, and interest of the
707	refunding bonds, in the discretion of the board of supervisors.
708	Any expenses incurred in buying any or all bonds authorized
709	under the provisions of this section and the interest thereon
710	and a reasonable compensation for paying same, shall be paid out
711	of the funds in the hands of the district, and collected for the
712	purpose of meeting the expenses of administration. It shall be
713	the duty of the said board of supervisors in making the annual
714	non-ad valorem assessment levy as heretofore provided to take
715	into account the maturing bonds and interest on all bonds and
716	expenses and to make provisions in advance for the payment of
717	same.
718	(4)  In addition to the other powers provided the district,
719	and not in limitation thereof, the district shall have the
720	power, at any time, and from time to time after the issuance of
721	any bonds of the district shall have been authorized, to borrow
722	money for the purposes for which such bonds are to be issued in
723	anticipation of the receipt of the proceeds of the sale of such
724	bonds and to issue bond anticipation notes in a principal sum
725	not in excess of the authorized maximum amount of such bond
726	issue.
727	(5)  The district shall have the power to issue revenue
728	bonds from time to time without limitation as to amount for the
729	purpose of financing its systems and facilities. Such revenue
730	bonds may be secured by, or payable from, the gross or net
731	pledge of the revenues to be derived from any project or
732	combination of projects; from the rates, fees, or other charges
733	to be collected from the users of any project or projects; from
734	any revenue-producing undertaking or activity of the district;
735	from special assessments; or from any other source or pledged
736	security. Such bonds shall not constitute an indebtedness of the
737	district, and the approval of qualified electors shall not be
738	required unless such bonds are additionally secured by the full
739	faith and credit and assessing power of the district.
740	(6)  Prior to the issuance of bonds under the provisions of
741	this act, the board of supervisors may from time to time issue
742	warrants or negotiable notes or other evidences of debt of the
743	district, all of which shall be termed "floating indebtedness"
744	in order to distinguish the same from the bonded debt provided
745	for. The notes or other evidences of indebtedness shall be
746	payable at such times and shall bear interest at a rate not
747	exceeding the lawful statutory maximum per annum, and may be
748	sold or discounted at such price or on such terms as the board
749	may deem advisable. The board shall have the right, in order to
750	provide for the payment thereof, to pledge the whole or any part
751	of the assessments or revenues provided for in this act, whether
752	the same shall be theretofore or thereafter levied, and said
753	board shall have the right to provide that the floating debt
754	shall be payable from the proceeds arising from the sale of
755	bonds, or from the proceeds of any such assessment, or both.
756	After the issuance of any bonds of the district under the
757	provisions of this act, the power to create such floating debt
758	and pledge the assessments or revenue therefor shall continue.
759	(7)(a)  Pursuant to this act, the district shall have the
760	power from time to time to issue general obligation bonds to
761	finance or refinance capital projects or to refund outstanding
762	bonds in an aggregate principal amount of bonds outstanding at
763	any one time not in excess of 35 percent of the assessed value
764	of the taxable property within the district as shown on the
765	pertinent property appraiser valuation records at the time of
766	the authorization of the general obligation bonds for which the
767	full faith and credit of the district is pledged. Except for
768	refunding bonds, no general obligation bonds shall be issued
769	unless the bonds are issued to finance or refinance a capital
770	project and the issuance has been approved at an election held
771	in accordance with the requirements for such election as
772	prescribed by the State Constitution. Such elections shall be
773	called to be held in the district with the expenses of calling
774	and holding an election to be at the expense of the district.
775	(b)  The district may pledge its full faith and credit for
776	the payment of the principal and interest on such general
777	obligation bonds and for any reserve funds provided therefor and
778	met unconditionally and irrevocably pledge its assessments or
779	revenues on all taxable property within the district, to the
780	extent necessary for the payment thereof, without limitations as
781	to greater amount.
782	(c)  If the board determines to issue general obligation
783	bonds for more than one capital project, the approval of the
784	issuance of the bonds for each and all such projects may be
785	submitted to the electorate on one and the same ballot. The
786	failure of the electors to approve the issuance of bonds for any
787	one or more of the capital projects shall not defeat the
788	approval of bonds for any capital project which has been
789	approved by the electors.
790	(d)  In arriving at the amount of general obligation bonds
791	permitted to be outstanding at any one time pursuant to
792	paragraph (a), there shall not be included any general
793	obligation bonds which are additionally secured by the pledge
794	of:
795	1.  Special assessments levied in the amount sufficient to
796	pay the principal and interest on a general obligation bond so
797	additionally secured, which assessments have been equalized and
798	confirmed by resolution or ordinance of the board pursuant to
799	section 170.08, Florida Statutes.
800	2.  Water revenues, sewer revenues, or water and sewer
801	revenues of the district to be derived from user fees that have
802	been approved by the City of North Port Commission or its
803	designee and in an amount sufficient to pay the principal and
804	interest on the general obligation bond so additionally secured.
805	3.  Any combination of assessments and revenues described
806	in subparagraphs 1 and 2.
807	(8)  In case the proceeds of the original assessment and
808	levy made under the provisions of section 298.305, Florida
809	Statutes, or chapter 170, Florida Statutes, is not sufficient to
810	pay the principal, premium, if any, and interest of all bonds
811	issued, then the board of supervisors shall make such additional
812	levy or levies upon the benefits assessed as are necessary for
813	this purpose, and under no circumstances shall any levies be
814	made that will in any manner or to any extent impair the
815	security of said bonds or the fund available for the payment of
816	the principal and interest of the same.
817	(9)  After the several bonds are paid and retired as herein
818	provided, they shall be returned and canceled and an appropriate
819	record thereof made in a book to be kept for that purpose, which
820	record of paid and canceled bonds shall be kept at the office of
821	the treasurer and shall be open for inspection by any bondholder
822	at any time.
823	(10)  Any issue of bonds may be secured by a trust
824	agreement by and between the district and a corporate trustee or
825	trustees, which may be any trust company or bank having the
826	powers of a trust company within or without the state. The
827	resolution authorizing the issuance of the bonds or such trust
828	agreement may pledge the revenues to be received from any
829	projects of the district and may contain such provisions for
830	protecting and enforcing the rights and remedies of the
831	bondholders as the board may approve, including, without
832	limitation, covenants setting forth the duties of the district
833	in relation to the acquisition, construction, reconstruction,
834	improvement, maintenance, repair, operation, and insurance of
835	any projects; the fixing and revising of the rates, fees, and
836	charges; and the custody, safeguarding, and application of all
837	moneys and for the employment of consulting engineers in
838	connection with such acquisition, construction, reconstruction,
839	improvement, maintenance, repair, or operation.
840	(11)  Bonds of each issue shall be dated; shall bear
841	interest at such rate or rates, including variable rates, which
842	interest may be tax exempt or taxable for federal income tax
843	purposes; shall mature at such time or times from their date or
844	dates; and may be made redeemable before maturity at such price
845	or prices and under such terms and conditions as may be
846	determined by the board.
847	(12)  No bonds issued by the district shall be required to
848	be validated under chapter 75, Florida Statutes, or other
849	provision of law.
850	Section 11.  Unit development; powers of supervisors to
851	designate units of development and adopt systems of progressive
852	development by units; plan of improvements and financing
853	assessments, for each unit.
854	(1)  Upon written petition signed by the owners of 51
855	percent of the acreage in any area, the board of supervisors of
856	the district shall have the power and is hereby authorized in
857	its discretion to exercise such powers authorized in this act,
858	the lands in said designated area or part of the district to be
859	called a "unit." The units into which said district may be so
860	divided shall be given appropriate numbers or names by said
861	board of supervisors, so that said units may be readily
862	identified and distinguished. The board of supervisors shall
863	have the power to fix and determine the location, area, and
864	boundaries of and lands to be included in each and all such
865	units with the consent of the owners of 51 percent of the
866	acreage in any area, and the method of carrying on the work in
867	each unit. If the board of supervisors shall determine that it
868	is advisable to conduct the work of the district by units, as
869	authorized by this section, said board shall, by resolution duly
870	adopted and entered upon its minutes, declare its purpose to
871	conduct such work accordingly and, upon petition of the owners
872	of 51 percent of the acreage in any area, shall at the same time
873	and manner fix the number, location, and boundaries of and
874	description of lands within such unit or units and give
875	appropriate numbers or names, which unit or units may overlay or
876	overlap one or more other units. As soon as practicable after
877	the adoption and recording of a resolution as to any unit, said
878	board of supervisors shall publish a notice once a week for 2
879	consecutive weeks in the newspaper of general paid circulation
880	that the City of North Port publishes notices of city meetings,
881	and by provision of 2 weeks advance written notice to the City
882	of North Port City Manager, briefly describing the unit or units
883	into which the district has been divided and the lands embraced
884	in each unit, giving the name, number, or other designation of
885	such units, requiring all owners of lands in the district to
886	show cause in writing before said board of supervisors at a time
887	and place to be stated in such notice why such division of said
888	district into such unit or units should not be approved, and why
889	the proceedings and powers authorized by this section of this
890	act should not be had, taken, and exercised. At the time and
891	place stated in said notice, said board of supervisors shall
892	hear all objections or causes of objection, all of which shall
893	be in writing, of any landowner in the district to the matters
894	mentioned and referred to in such notice, and if no objections
895	are made, or if said objections, if made, shall be overruled by
896	said board, then said board shall enter in its minutes its
897	finding and order confirming said resolution and may thereafter
898	proceed with the development of the district by unit or units
899	pursuant to such resolution and to the provisions of this act.
900	If, however, said board of supervisors shall find as a result of
901	such objections, or any of them, or the hearing thereon, that
902	the division of the district into such unit or units as
903	aforesaid should not be approved, or that the proceedings and
904	powers authorized by this section of this act should not be had,
905	taken, or exercised, or that any other matter or thing embraced
906	in said resolution would not be in the best interest of the
907	landowners of said unit or units or would be unjust or unfair to
908	any landowner therein or otherwise inconsistent with fair and
909	equal protection and enforcement of the rights of every
910	landowner in said unit or units, then the board of supervisors
911	shall not proceed further under such resolution, but said board
912	of supervisors may, as a result of such hearing, modify or amend
913	said resolution so as to meet such objections so made, and
914	thereupon said board may confirm said resolution as so modified
915	or amended and may thereafter proceed accordingly. If said board
916	of supervisors shall overrule or refuse to sustain any such
917	objections in whole or in part made by any landowner in the
918	district, or if any such landowner shall deem himself or herself
919	aggrieved by any action of the board of supervisors in respect
920	to any objections so filed, such landowner may, within 10 days
921	after the ruling of said board, file his or her complaint in the
922	Circuit Court for Sarasota County, against said district,
923	praying an injunction or other appropriate relief against the
924	action or any part of such action proposed by such resolution or
925	resolutions of said board, and such suits shall be conducted
926	like other suits, except that said suits shall have preference
927	over all other pending actions except criminal actions and writs
928	of habeas corpus. Upon the hearing of said cause, the circuit
929	court shall have the power to hear the objections and receive
930	the evidence thereon of all parties to such cause and approve or
931	disapprove said resolutions and action of the board in whole or
932	in part, and to render such decree in such cause as right and
933	justice require.
934	(2)  When said resolutions creating said unit or units
935	shall be confirmed by the board of supervisors (or by the
936	Circuit Court for Sarasota County, if such proposed action shall
937	be challenged by a landowner by the judicial proceedings
938	hereinabove authorized), the board of supervisors may adopt a
939	plan of improvements or chapter 170 authorizing documents for
940	and in respect to any or all such units, and to have the
941	benefits and damages resulting therefrom assessed and
942	apportioned as is provided by law in regard to a plan of
943	improvements or chapter 170 authorizing documents for and
944	assessments for benefits and damages of the entire district.
945	With respect to the plan of improvements, notices, appointment
946	of engineer to prepare a report assessing the benefits and
947	damages, the engineer's report and notice and confirmation
948	thereof, the levy of assessments, including maintenance
949	assessments, the issuance of bonds, the exercise or use of
950	chapter 170, Florida Statutes, proceedings and all other
951	proceedings as to each and all of such units, said board shall
952	follow and comply with the same procedure as is provided by law
953	with respect to the entire district; and said board of
954	supervisors shall have the same powers in respect to each and
955	all of such units as is vested in them with respect to the
956	entire district. All the provisions of this act shall apply to
957	the improvement of each, any, and all of such units, and the
958	enumeration of or reference to specific powers or duties of the
959	supervisors or any other officers or other matters in this act
960	as hereinabove set forth, shall not limit or restrict the
961	application of any and all of the proceedings and powers herein
962	for such units as fully and completely as if such unit or units
963	were specifically and expressly named in every section and
964	clause of this act where the entire district is mentioned or
965	referred to. All assessments, levies, bonds, and other
966	obligations made, levied, assessed, or issued for or in respect
967	to any such unit or units shall be a lien and charge solely and
968	only upon the lands in such unit or units, respectively, for the
969	benefit of which the same shall be levied, made, or issued, and
970	not upon the remaining units or lands in the district. The board
971	of supervisors, upon an affirmative vote of a simple majority of
972	qualified electors, as defined in chapter 189, Florida Statutes,
973	within said unit voting in a referendum, or upon approval of the
974	landowners of 51 percent of the acreage in said unit if there
975	are no residents in said unit, may at any time amend its
976	resolutions by changing the location and description of lands in
977	any such unit or units and provided, further, that if the
978	location or description of lands located in any such unit or
979	units is so changed, notice of such change shall be published as
980	hereinabove required in this section for notice of the formation
981	or organization of such unit or units; provided, however, that
982	no lands against which benefits shall have been assessed may be
983	detached from any such unit after the final adoption of the
984	engineer's report of benefits or chapter 170 authorizing
985	document, in such unit or units or the issuance of bonds or
986	other obligations which are payable from assessments for
987	benefits levied upon the lands within such unit or units.
988	(3)  Provided, however, that if, after adoption of the
989	engineer?s report of benefits chapter 170, authorizing document,
990	in such unit or units, or the issuance of bonds or other
991	obligations which are payable from assessments for benefits
992	levied upon lands within such unit or units, the board of
993	supervisors finds the plan of improvements, the engineer's
994	report , or chapter 170 authorizing documents for any such unit
995	or units insufficient or inadequate for efficient development,
996	same may be amended or changed as provided in this act, chapter
997	170 or chapter 298, Florida Statutes, and the unit or units may
998	be amended or changed as provided in this section, by changing
999	the location and description of lands in any such unit or units,
1000	by detaching lands therefrom or by adding land thereto, upon the
1001	approval of at least 51 percent of the landowners according to
1002	acreage, in any such unit, and provided that in such event all
1003	assessments, levies, fees, bonds, and other obligations made,
1004	levied, assessed, incurred, or issued for or in respect to any
1005	such unit or units may be allocated and apportioned to the
1006	amended unit or units in proportion to the benefits assessed by
1007	the engineer's report, for the amended plan of improvements and
1008	said report shall specifically provide for such allocation and
1009	apportionment. The landowners shall file their approval of or
1010	objections to such amended plan of improvements within the time
1011	provided in section 298.301, Florida Statutes, or, when used
1012	such applicable deadline provision, if any, of chapter 170,
1013	Florida Statutes, and shall file their approval of or objections
1014	to the amendment of such unit as provided in this section.
1015	(4)  No assessable lands shall be detached from any unit
1016	after the issuance of bonds or other obligations for such unit
1017	except upon the consent of a majority the holders, based on face
1018	value of the outstanding bonds, of such bonds or other
1019	obligations. In the event of the change of the boundaries of any
1020	unit as provided herein and the allocation and apportionment to
1021	the amended unit or units of assessments, levies, fees, bonds,
1022	and other obligations in proportion to the benefits assessed,
1023	the holder of the bonds or other obligations heretofore issued
1024	for the original unit who consents to such allocation and
1025	apportionment shall be entitled to all rights and remedies
1026	against any lands added to the amended unit or units as fully
1027	and to the same extent as if such added lands had formed and
1028	constituted a part of the original unit or units at the time of
1029	the original issuance of such bonds or other obligations, and
1030	regardless of whether the holders of such bonds or other
1031	obligations are the original holders thereof or the holders from
1032	time to time hereafter, and the rights and remedies of such
1033	holders against the lands in the amended unit or units,
1034	including any lands added thereto, under such allocation and
1035	apportionment, shall constitute vested and irrevocable rights
1036	and remedies to the holders from time to time of such bonds or
1037	other obligations as fully and to the same extent as if such
1038	bonds or other obligations had been originally issued to finance
1039	the improvements in such amended unit or units.
1040	(5)  Upon the formation of a unit, the board is authorized
1041	to levy a one-time organizational special assessment tax per
1042	acre on the lands in a unit sufficient to prepare a plan of
1043	improvements or chapter 170 authorizing documents and have the
1044	benefits assessed as provided herein.
1045	(6)  The territorial limits of a unit may be expanded to
1046	include additional land by agreement between the district and
1047	all of the landowners of the land to be included in the unit,
1048	provided that at the time of the execution of the agreement, the
1049	additional land is contained within the jurisdictional
1050	boundaries of the district. Land included in the unit by
1051	agreement shall thereafter be subject to the payment of all
1052	assessments or fees levied by the district in the unit and shall
1053	be subject to the provisions of all laws under which the
1054	district operates. The agreement shall be in recordable form and
1055	filed in the official records.
1056	(7)  Notwithstanding anything to the contrary contained in
1057	this act or in Florida Statutes, the district shall not amend
1058	any plan of improvement for any unit in which any real property
1059	has been sold to the general public at large for residential and
1060	non-commercial purposes, in such a way that said amendment
1061	results in any increase in the principal amount of debt then
1062	authorized for that unit, without an affirmative vote of a
1063	simple majority of qualified electors, as so defined in chapter
1064	189, Florida Statutes, within said unit voting in a referendum.
1065	Section 12.  Eminent domain.--The said board of supervisors
1066	is hereby authorized and empowered when reasonably necessary for
1067	the implementation of district authorized public infrastructure
1068	works, facilities or service, to exercise within the district or
1069	beyond the district with prior approval by resolution of the
1070	governing body of the municipality, the right and power of
1071	eminent domain, pursuant to the provisions of chapters 73 and
1072	74, Florida Statutes, over any property within the state, except
1073	municipal, county, state, and federal property, for the uses and
1074	purposes of the district relating solely to water, sewer,
1075	district roads, and water management, specifically including,
1076	without limitation, the power for the taking of easements for
1077	the drainage of the land of one person over and through the land
1078	of another.
1079	Section 13.  Definition of 51 percent of acreage in any
1080	area.--When the consent of 51 percent of the acreage is required
1081	in any described geographical area for any purpose, in
1082	determining the acreage in the area, the lands and rights-of-way
1083	of the district and all lands which are or will be exempt or
1084	excluded from payment of the district assessments shall not be
1085	included in the acreage to determine the 51 percent consent
1086	requirements.
1087	Section 14.  Amending plan of improvements, engineer's
1088	report, or chapter 170 authorizing documents.--In addition and
1089	as an alternative to the provisions of chapters 298 and 170,
1090	Florida Statutes, a plan of improvements, the engineer's report
1091	, or chapter 170 authorizing document may be amended, modified,
1092	corrected and changed from time to time in the following manner:
1093	(1)  The intent of this section, in part, is to give the
1094	board of supervisors power with broad latitude to make
1095	additional and such other improvements to the plan of
1096	improvements or chapter 170 authorizing documents which the
1097	board of supervisors considers appropriate to implement the
1098	purpose and intent of the plan of improvements or chapter 170
1099	authorizing documents and which, in the opinion of the board,
1100	results in a benefit to the land and will not increase the cost
1101	in excess of the total benefits assessed as provided herein. The
1102	district may accept for operation maintenance additional
1103	facilities which are within or outside its boundaries and
1104	supplement a plan of improvements or chapter 170 authorizing
1105	documents.
1106	(2)  As an alternate procedure, the board of supervisors
1107	shall have the power to change, alter, or amend a previously
1108	approved or adopted plan of improvements, engineer's report, or
1109	chapter 170 authorizing documents by duly adopted resolution;
1110	provided the district engineer certifies that all land subject
1111	to the previously approved or adopted plan of improvements or
1112	chapter 170 authorizing documents will receive the same or
1113	greater benefits as previously assessed and that the estimated
1114	cost of constructing the plan of improvements, including the
1115	changes or amendments to it, the engineer's report, or chapter
1116	170 authorizing documents do not exceed the total benefits
1117	assessed. Said resolution shall be filed with the secretary of
1118	the district and shall be binding upon the owners of lands
1119	subject to the plan of improvements, the engineer's report, or
1120	chapter 170 authorizing documents, as applicable, including
1121	their successors and assigns.
1122	(3)  Regardless of any language to the contrary contained
1123	in chapter 298, Florida Statutes, chapter 170 authorizing
1124	documents or this act, when a plan of improvements, engineer's
1125	report, or chapter 170 authorizing document is amended,
1126	modified, or changed by any authorized procedure, the approval
1127	or consent of the holders of the bonds issued in respect to such
1128	plan, engineer's report, or chapter 170 authorizing document
1129	shall not be required and amendments, modifications, and changes
1130	may be made to the plan of improvements, engineer's report, or
1131	chapter 170 authorizing document without bondholders' approval
1132	or consent.
1133	(4)  Notwithstanding anything to the contrary contained in
1134	this act or in Florida Statutes, the district shall not amend
1135	any plan of improvement for any unit in which any real property
1136	has been sold to the general public at large for residential and
1137	non-commercial purposes, in such a way that said amendment
1138	results in any increase in the principal amount of debt then
1139	authorized for that unit, without an affirmative vote of a
1140	simple majority of qualified electors, as so defined in chapter
1141	189, Florida Statutes, within said unit voting in a referendum.
1142	Section 15.  Meetings and notices.--Except as otherwise
1143	specifically set forth in the act, the board of supervisors
1144	shall hold their meetings pursuant to sections 189.416 and
1145	189.417, Florida Statutes.
1146	Section 16.  Reports, budgets, audits.--The district shall
1147	prepare and submit reports, budgets, and audits as provided in
1148	sections 189.415 and 189.418, Florida Statutes.
1149	Section 17.  Territorial boundaries.--The territorial
1150	boundaries of the district shall be as follows, to wit:
1151	LANDS LOCATED IN TOWNSHIP 39 SOUTH, RANGE 20 EAST,
1152	SARASOTA COUNTY,
1153	FLORIDA:
1154
1155	That part of Section 21, lying Southwesterly of County
1156	Road No. 777 (West River Road). All that part of
1157	Section 28, lying West of County Road No. 777 (West
1158	River Road). All of Section 29, less and except the
1159	following: Right-of-way for U. S. Highway No. 41
1160	(State Road No. 45). All of Section 30, less and
1161	except the following: Right-of-way for U. S. Highway
1162	No. 41 (State Road No. 45); That portion conveyed to
1163	Florida Power and Light Company consisting of
1164	approximately 4.66 acres in the SW1/4 as described in
1165	Official Record Book 1036, Page 802, Public Records of
1166	Sarasota County, Florida; That portion lying West of
1167	lands described in Official Record Book 1036, Page
1168	802, South of the westerly extension of the North line
1169	of said lands described in Official Records Book 1036,
1170	Page 802, and North of the northerly Right of Way line
1171	of U.S. Highway No.41. All of Section 31, less and
1172	except the following: Right-of-way of U. S. Highway
1173	No. 41 (State Road No.  45). All of Section 32, less
1174	and except the following: Right-of-way of U. S.
1175	Highway No. 41 (State Road No. 45); That portion
1176	conveyed in Official Record Book 2785, Page 634 of the
1177	Public Records of Sarasota County, Florida, (Sarasota
1178	County Hospital Board); That portion conveyed in
1179	Official Record Book 1571, Page 2172 of the Public
1180	Records of Sarasota County, Florida, (Manatee
1181	Community College); Right-of-way for Pine Street
1182	Extension as recorded in Official Record Book 2536,
1183	pages 811-974 of The Public Records of Sarasota
1184	County, Florida; That portion conveyed in Official
1185	Record Book 2785, Page 641 of the Public Records of
1186	Sarasota County, Florida, (120' wide perpetual Non-
1187	Exclusive easement); That portion lying South of lands
1188	conveyed in Official Record Book 1571, Page 2172 and
1189	East of lands described in Official Record Book 2785,
1190	Page 641, Public Records of Sarasota County, Florida.
1191	That portion of Section 33, lying North of U.S.
1192	Highway No. 41 (State Road No.45) and West of County
1193	Road #777 (West River Road);  also that portion of
1194	Section 33, lying South of U.S. Highway No. 41 (State
1195	Road No. 45), West of a 200 ft. wide access easement
1196	described in Official Records Book 2389, Page 528,
1197	Public Records of Sarasota County, Florida, and North
1198	of lands conveyed in Official Records Book 1571, Page
1199	2172, Public Records of Sarasota County, Florida;
1200	also that portion of Section 33, lying South of U.S.
1201	Highway No. 41 (State Road No. 45), described as
1202	follows:  COMMENCE at the East Quarter Corner of
1203	Section 33, Township 39 South, Range 20 East, Sarasota
1204	County Florida; thence S.00°16'02"W., along the East
1205	line of said Section 33, a distance of 289.08 feet to
1206	a point on the Southerly Right of Way Line of U.S.
1207	Highway No.41, (State Road No. 45) per Florida
1208	Department of Transportation Right of Way Map Section
1209	17010-2508, same being a point on a curve to the right
1210	having a radius of 3011.73 feet, a central angle of
1211	24°58'49", a chord bearing of N.66°51'56"W., and a
1212	chord length of 1032.71 feet; thence along the arc of
1213	said curve and said Southerly Right of Way of U.S. No.
1214	41, an arc length of 1313.08 feet to the point of
1215	tangency of said curve; thence N.54°22'31"W.,along
1216	said southerly Right of Way, a distance of 66.57 feet
1217	to the POINT OF BEGINNING, same being the Northwest
1218	corner of Lands described in Official Records
1219	Instrument No.1998166153, per Public Records of
1220	Sarasota County, Florida; thence along the Westerly
1221	line of said Lands described in Official Records
1222	Instrument No.1998166153 the following three (3)
1223	courses and distances; (1) S.35°37'26"W., a distance
1224	of 161.93 feet to the point of curvature of a curve to
1225	the right having a radius of 559.97 feet, a central
1226	angle of 29°49'56", a chord bearing of S.50°32'24"W.,
1227	and a chord length of 288.28 feet; (2) thence along
1228	the arc of said curve an arc length of 291.56 feet to
1229	the end of said curve; (3) thence S.00°01'27"W., a
1230	distance of 1074.23 feet; thence  N.48°24'50"W.,
1231	leaving said Westerly Line, a distance of 2914.38 feet
1232	to the Northeast corner of Lands described as Manatee
1233	Community College per Official Records Book 1571, Page
1234	2172, same being the point of curvature of a curve to
1235	the left having a radius of 4577.37 feet, a central
1236	angle of 06°20'23", a chord bearing of N.60°40'02"W.,
1237	and a chord length of 506.22 feet; thence along the
1238	arc of said curve and Northerly Line of Lands
1239	described as Manatee Community College, an arc length
1240	of 506.48 feet to the end of said curve, same being
1241	the Southeast corner of lands described in Official
1242	Records Book 2389, Page 529, Public Records of
1243	Sarasota County, Florida; thence N.65°18'18"E., along
1244	the Easterly Line of said lands, a distance of 188.09
1245	feet; thence continue  N.00°00'19"W., along said
1246	Easterly Line, a distance of 144.96 feet to the
1247	Northeast corner of said Lands; thence N.65°21'46"W
1248	along the Northerly Line of said Lands, a distance of
1249	400.68 feet to the Northwest corner of said Lands,
1250	same being a point on the Easterly Line of a 200 foot
1251	wide access Easement per Official Records Book 1571,
1252	Pages 2172 through 2175 and Official Records Book
1253	2389, Pages 528 through 530, Public Records of
1254	Sarasota County, Florida; thence N.00°30'25"E., along
1255	the Easterly Line of said 200 foot wide access
1256	Easement, a distance of 786.89 feet to the Southerly
1257	Right of Way of U.S. No. 41, same being a point on a
1258	curve to the right having a radius of 5597.58 feet, a
1259	central angle of 03°08'33", a chord bearing of
1260	S.69°13'16"E., and a chord length of 306.97 feet;
1261	thence along the arc of said curve an arc length of
1262	307.01 feet to the end of said curve; thence continue
1263	along said Southerly Right of Way Line the following
1264	fourteen (14) courses and distances; (1)
1265	S.22°19'13"W., a distance of 10.00 feet to the point
1266	of curvature of a curve to the right having a radius
1267	of 5587.58 feet, a central angle of 00°45'15", a chord
1268	bearing of S.67°16'21"E., and a chord length of 73.55
1269	feet; (2) thence along the arc of said curve an arc
1270	length of 73.55 feet;(3) thence N.23°06'16"E., a
1271	distance of 10.00 feet to the point of curvature of a
1272	curve to the right having a radius of 5597.58 feet, a
1273	central angle of 08°17'44", a chord bearing of
1274	S.62°44'52"E., and a chord length of 809.74 feet;(4)
1275	thence along the arc of said curve an arc length of
1276	810.45 feet;(5) thence S.31°08'57"W., a distance of
1277	10.00 feet to the point of curvature of a curve to the
1278	right having a radius of 5587.58 feet, a central angle
1279	of 00°45'12", a chord bearing of  S.58°13'22"E., and a
1280	chord length of 73.47 feet;(6) thence along the arc of
1281	said curve an arc length of 73.47 feet; (7) thence
1282	N.32°24'25"E., a distance of 10.00 feet to the point
1283	of curvature of a curve to the right having a radius
1284	of 5597.58 feet, a central angle of 03°28'13", a chord
1285	bearing of S.56°06'38"E., and a chord length of 338.98
1286	feet; (8) thence along the arc of said curve an arc
1287	length of 339.03 feet to the end of said curve; thence
1288	(9) S.56°35'34"E.; a distance of 155.08 feet;(10)
1289	thence  S.54°22'31"E., a distance of 1102.52 feet;
1290	(11) thence S.51°00'40"E., a distance of 101.66 feet;
1291	(12) thence  S.54°20'43"E., a distance of 199.02 feet;
1292	(13) thence S.48°43'03"E., a distance of 100.71 feet;
1293	(14) thence S.54°22'31"E., a distance of 447.75 feet
1294	to the POINT OF BEGINNING. That portion of the North
1295	Half of the Southwest Quarter of the Northwest Quarter
1296	of Section 34, lying West of River Road (County Road
1297	No.777); also that portion of the Southeast Quarter of
1298	Section 34, lying West of the Myakka River, South of
1299	the South line of lands described in Official Record
1300	Instrument No. 2000002794, Public Records of Sarasota
1301	County, Florida (River Road Office Park, Inc.), and
1302	easterly of the maintained right of way line of a
1303	paved road running from River Road to the South line
1304	of the Northeast Quarter of said Section 34, (Old
1305	River Road), less and except the following: That
1306	portion described in Official Record Instrument No.
1307	1999111833, Public Records of Sarasota County,
1308	Florida, (Right of Way for County Road No.777). All of
1309	Section 35 lying West of the Myakka River.
1310
1311	LANDS LOCATED IN TOWNSHIP 40 SOUTH, RANGE 20 EAST,
1312	SARASOTA COUNTY, FLORIDA:
1313
1314	All of Section 3, less and except the following: That
1315	portion conveyed in Order of Taking recorded in
1316	Official Record Book 2679, Page 2750-2754, of the
1317	Public Records of Sarasota County, Florida (County
1318	Road No 777); That portion conveyed in Official Record
1319	Instrument No. 2000002794 of the Public Records of
1320	Sarasota County, Florida, (River Road Office Park,
1321	Inc.); The maintained right-of-way of County Road
1322	No.777 (South River Road). All of Section 4, Less and
1323	except the following: That portion described in
1324	Official Record Instrument No. 2000002794, of the
1325	Public Records of Sarasota County, Florida, (River
1326	Road Office Park, Inc.). All of Section 5, less and
1327	except the following: Right-of-way conveyed for Pine
1328	Street Extension recorded in Official Record Book
1329	2536, Page 811-974, of the Public Records of Sarasota
1330	County, Florida. All of Section 6, less and except the
1331	following: Right-of-way conveyed for Pine Street
1332	Extension recorded in Official Record Book 2536, Page
1333	811-974, of the Public Records of Sarasota County,
1334	Florida. All of Section 7, less and except the
1335	following: Right-of-way conveyed for Pine Street
1336	Extension recorded in Official Record Book 2536, Page
1337	811-974, of the Public Records of Sarasota County,
1338	Florida. All of Section 8. All of Section 9. All of
1339	Section 10, less and except the following: The
1340	maintained right-of-way for County Road No. 777 (South
1341	River Road) ALL OF THE ABOVE ARE SUBJECT TO EASEMENTS
1342	OF RECORD, OR OTHERWISE, USED FOR DRAINAGE, UTILITIES
1343	AND/OR INGRESS AND EGRESS.
1344
1345	The above described property contains a total of
1346	7853.3497 Acres more or less.
1347
1348	Section 18.  Severability.--In case any one or more of the
1349	sections or provisions of this act or the application of such
1350	sections or provisions to any situation, circumstance, or person
1351	shall for any reason be held to be unconstitutional, such
1352	unconstitutionality shall not affect any other sections or
1353	provisions of this act or the application of such sections or
1354	provisions to any other situation, circumstance, or person, and
1355	it is intended that this law shall be construed and applied as
1356	if such section or provision had not been included herein for
1357	any unconstitutional application.
1358	Section 19.  Limitations of powers.--All governmental
1359	planning, environmental, and land development laws, regulations,
1360	and ordinances apply to all development of the land within the
1361	district. The district does not have the power of a local
1362	government to adopt a comprehensive plan, building code, zoning
1363	code, or land development code, as those terms are defined in
1364	the Local Government Comprehensive Planning and Land Development
1365	Regulation Act. The district shall take no action which is
1366	inconsistent with applicable comprehensive plans, ordinances, or
1367	regulations of the applicable local general-purpose government.
1368	Nothing in this act shall create any delegation of any
1369	responsibilities or authorities from the City of North Port to
1370	the district. Notwithstanding anything to the contrary, the
1371	district shall be required to obtain any and all permits for
1372	infrastructure planning and construction from the City of North
1373	Port that would otherwise be required of a private entity
1374	performing the same work. The district shall not have the power
1375	to supercede, contravene, or overrule any development or
1376	annexation agreements entered into by landowners within or
1377	outside of the district or any City of North Port joint planning
1378	agreements or interlocal agreements with Sarasota County or any
1379	other governmental entities.
1380	Section 20.  Public disclosures.--
1381	(1)  The district shall be required to comply with all
1382	current or future requirements, if any, to provide disclosure to
1383	the public and/or current or potential property owners
1384	concerning the district and its assessments.
1385	(2)  Any contract for sale of real property within the
1386	district whereby a land developer or builder is selling property
1387	to the general public at large for residential and noncommercial
1388	purposes, contain a disclosure to the potential purchaser
1389	disclosing the existence and nature of the district, as well as
1390	actual amounts of bonded indebtedness applicable to that
1391	property and projected assessments for principal debt repayment
1392	that the district is then obligated to assess and collect
1393	annually upon the subject real property. Said disclosure must be
1394	presented prominently and specifically acknowledged in writing
1395	by the buyer in the sales document.
1396	(3)  Any property owner?s association created within the
1397	district by a land developer or builder shall contain language
1398	in its charter or declaration of covenants disclosing the
1399	existence and purpose of the district.
1400	(4)  The district shall cause to be recorded in the public
1401	records of Sarasota County the formation of any unit created
1402	pursuant to section 11 of this act and, upon of the sale of any
1403	debt, the principal amount of bonded indebtedness incurred for
1404	that unit.
1405	(5)  Any land developer or builder who maintains a sales
1406	office for the purpose of the initial sale of homes or lots
1407	within the district to the general public at large shall post a
1408	readily visible sign of not less than 24 inches by 36 inches in
1409	the sales office which advises potential buyers of the existence
1410	and purpose of the district.
1411	Section 21.  This act shall take effect upon becoming a
1412	law.

CODING: Words stricken are deletions; words underlined are additions.