| 1 | The Committee on Local Government & Veterans' Affairs recommends |
| 2 | the following: |
| 3 |
|
| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to the West Villages Improvement |
| 8 | District, City of North Port, Sarasota County; |
| 9 | providing a short title; providing a district charter; |
| 10 | creating an independent special district; providing a |
| 11 | district boundary; providing for amendment only by |
| 12 | special act; providing powers, functions, and duties; |
| 13 | providing for a governing board, elections, |
| 14 | qualifications, terms of office, staggering terms of |
| 15 | office, removal from office, and filling vacancies; |
| 16 | providing for election of a chair, vice chair, and |
| 17 | secretary-treasurer; providing a quorum; providing |
| 18 | requirements for meetings and notice; providing |
| 19 | requirements for reports, budgets, and audits; |
| 20 | providing for liberal construction; authorizing the |
| 21 | levy of non-ad valorem assessments; specifying method |
| 22 | of collection and enforcement of non-ad valorem |
| 23 | assessments; authorizing property appraiser's and tax |
| 24 | collector's fees or commissions; providing for |
| 25 | collection and enforcement of fees, costs, and |
| 26 | expenses; providing for issuance of revenue bonds, |
| 27 | assessment bonds, bond anticipation notes, and general |
| 28 | obligation bonds; providing for the applicability of |
| 29 | provisions of chapters 189 and 298, Florida Statutes, |
| 30 | and other general laws; providing for severability; |
| 31 | providing an effective date. |
| 32 |
|
| 33 | Be It Enacted by the Legislature of the State of Florida: |
| 34 |
|
| 35 | Section 1. Popular name.--This act may be cited as the |
| 36 | "West Villages Improvement District Act." |
| 37 | Section 2. District; creation, jurisdiction, and |
| 38 | purpose.-- |
| 39 | (1) The West Villages Improvement District, herein |
| 40 | referred to as the "district," is hereby created and |
| 41 | incorporated as an independent special district, pursuant to |
| 42 | chapter 189, Florida Statutes, to be known as the West Villages |
| 43 | Improvement District, in the City of North Port, Sarasota |
| 44 | County, which independent special district shall be a public |
| 45 | body corporate and politic. |
| 46 | (2) The district's territorial boundary shall embrace and |
| 47 | include that real property described in following section 17. |
| 48 | (3) The district is created for all purposes as shall be |
| 49 | liberally construed from and set forth in this act, under |
| 50 | sections 189.401-189.429, Florida Statutes, provided that |
| 51 | section 189.4045(2), Florida Statutes, is specifically excluded |
| 52 | and not applicable to the district or the City of North Port, |
| 53 | and chapter 298, Florida Statutes, as the same may be amended |
| 54 | from time to time, and may perform such acts as shall be |
| 55 | necessary, convenient, incidental, or proper for the provision, |
| 56 | acquisition, development, operation, and maintenance of those |
| 57 | public infrastructure works and services authorized herein, |
| 58 | including all facilities necessary and incidental thereto. |
| 59 | (4) The district charter created by this act may be |
| 60 | amended only by special act of the Legislature. Any expansion of |
| 61 | the powers or the boundaries of the district within the City of |
| 62 | North Port shall require prior approval of the City of North |
| 63 | Port Commission or its designee. |
| 64 | (5) The definition of terms and phrases shall be as set |
| 65 | forth in chapters 189 and 298, Florida Statutes, unless |
| 66 | otherwise herein defined. |
| 67 | Section 3. District powers, functions, and duties.-- |
| 68 | (1) In addition to any powers, functions, and duties set |
| 69 | forth in this act, the district shall have the authority to |
| 70 | exercise such powers, functions, and duties as may be set forth |
| 71 | in chapter 298, Florida Statutes. |
| 72 | (2) The district is hereby authorized and empowered as |
| 73 | follows: |
| 74 | (a) To adopt by resolution bylaws for the regulation of |
| 75 | its affairs and the conduct of its business. |
| 76 | (b) To adopt by resolution rules as necessary for |
| 77 | implementation, regulation, and enforcement as are consistent |
| 78 | with the purposes of the district and this act. |
| 79 | (c) To adopt an official seal reflecting the name and |
| 80 | nature of the district. |
| 81 | (d) To acquire by grant, loan, purchase, gift, transfer, |
| 82 | exchange, dedication, lease, devise, or, when reasonably |
| 83 | necessary for the implementation of district-authorized public |
| 84 | infrastructure works, facilities, or services by means of the |
| 85 | exercise of the right of eminent domain pursuant to the laws of |
| 86 | the state and in accordance with section 12 of this act, all |
| 87 | property, real or personal, or any easement, license, estate, or |
| 88 | interest therein necessary, desirable, or convenient for the |
| 89 | purposes of this act, and to sell, convey, transfer, gift, |
| 90 | lease, rent, dedicate, forfeit, abandon, exchange, or assign all |
| 91 | or any part thereof to or with other entities, including |
| 92 | governmental entities and agencies, and to exercise all of its |
| 93 | powers and authority with respect thereto. The district shall |
| 94 | not have the right of eminent domain outside of the boundaries |
| 95 | of the district. Notwithstanding anything contained herein, the |
| 96 | district shall not obtain fee simple title to any real property |
| 97 | within the district except by dedication on an approved plat, |
| 98 | with the approval of the City of North Port Commission or its |
| 99 | designee, or if otherwise required by another governmental |
| 100 | entity or agency. Any property interests owned by the district |
| 101 | which are used for nonpublic or private commercial purposes |
| 102 | shall be subject to all ad valorem taxes, intangible personal |
| 103 | property taxes, or non-ad valorem assessments, as would be |
| 104 | applicable if said property were privately owned. |
| 105 | (e) To finance, plan (consistent with City of North Port |
| 106 | Comprehensive Plan and implementing ordinances, studies, and |
| 107 | plans), design, acquire, construct, install, operate, equip, |
| 108 | upgrade, reclaim, replace, extend, renovate, mitigate, and |
| 109 | maintain canals, swales, outfalls, dams, control structures, |
| 110 | pumps and pumping systems, aerators, seawalls, berms, ditches, |
| 111 | telemetry and monitoring equipment, retention areas, holding |
| 112 | basins, marshes, wetlands, uplands, drains, levees, lakes, |
| 113 | ponds, and other works or elements for modern comprehensive |
| 114 | water management drainage, environmental, mitigation |
| 115 | preservation, erosion, quality, and control purposes, and further |
| 116 | that the district shall agree, at the request of the City of North |
| 117 | Port Commission or its designee, subject to a developer's |