HB 1567

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


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