HB 1625

1	A bill to be entitled
2	An act relating to the Ave Maria Stewardship Community
3	District, Collier County; providing a popular name;
4	creating the Ave Maria Stewardship Community District;
5	providing for findings, determinations, ascertainments,
6	intent, purpose, definitions, and policy; creating the
7	charter of the District; providing for authority and
8	jurisdiction; creating the District as a special, limited,
9	and single-purpose independent district, an independent
10	local government and corporate body politic, to provide
11	community development infrastructure to the Ave Maria
12	community development in that certain portion of the
13	unincorporated area of the Collier County political
14	subdivision within and subject to the Growth Management
15	Plan and the Rural Lands Stewardship Area Zoning Overlay
16	District in Eastern Collier County; prescribing and fixing
17	the boundaries of the District; providing for election of
18	a Board of Supervisors and terms of office and powers and
19	duties thereof; requiring certain financial reports;
20	providing for disclosure of public financing information;
21	authorizing and providing for the levy and collection of
22	taxes; authorizing special powers relating to water
23	management and control, roads and bridges, and other
24	public facilities; providing for the issuance of bonds and
25	short-term borrowing; providing procedures for competitive
26	procurement of goods, supplies, and materials; providing
27	for enforcement of provisions of the Act and providing
28	penalties for violation thereof; providing for the
29	applicability of provisions of chapter 189, Florida
30	Statutes, and other general laws; providing for
31	severability; 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 known by the
36	popular name the "Ave Maria Stewardship Community District Act."
37	Section 2.  Preamble.--Legislative findings,
38	ascertainments, determinations, intent, purpose, definitions,
39	and policy.--
40	(1)  Legislative findings.--
41	(a)  The eastern area of unincorporated Collier County is
42	unique and special with natural resources that need protection
43	and with the need to retain a viable agricultural system while
44	protecting private property rights and promoting a sound
45	economy.
46	(b)  Collier County, with the approval of the Governor and
47	members of the Cabinet, sitting as the Florida Land and Water
48	Adjudicatory Commission, established a designated Rural Lands
49	Stewardship Area Zoning Overlay District in order to implement
50	an innovative, specialized, and incentive-based Collier County
51	Rural Lands Stewardship Area Overlay as part of the Collier
52	County Growth Management Plan.
53	(c)  In implementing both protection of natural resources
54	and retention of viable agriculture, the Rural Lands Stewardship
55	Area District Overlay promotes compact rural mixed-used
56	development as an alternative to low-density single use
57	development and establishes a system of generating Stewardship
58	Credits in a designated Stewardship Sending Area and
59	transferring them to a designated Stewardship Receiving Area
60	within which new town communities may be created and developed
61	with a full range of housing types and a full mix of uses with
62	urban level services and infrastructure which support
63	specialized development that is compact, mixed-use, human-scale,
64	and balances land uses to reduce automobile trips and to
65	increase livability.
66	(d)  This comprehensive system anticipates new land uses to
67	include unincorporated new town community development and the
68	related highly specialized provision of basic infrastructure
69	systems, facilities, and services.
70	(e)  Barron Collier Company has made available
71	approximately 905 acres to the Ave Maria University Foundation
72	for the institution and operation of a private university known
73	as Ave Maria University with a full slate of undergraduate,
74	graduate, and professional programs with related cultural,
75	recreational, and other activities, benefits, and programs for
76	providing teaching, research, and public service to southwest
77	Florida, the State of Florida, and the nation.
78	(f)  The initial landowners also own, immediately and
79	adjacent to and surrounding the Ave Maria University, lands upon
80	which they are building a university-oriented new town community
81	consistent with the Collier County Growth Management Plan and
82	Land Development Code.
83	(g)  Within and subject to this the Growth Management Plan
84	and Land Development Code and its Rural and Stewardship Area
85	Zoning Overlay District within a designated Stewardship
86	Receiving Area, the new town community surrounding the private
87	university requires appropriate compact, balanced, and rural
88	mixed-use development at a human scale with the required
89	innovative balance of such importance to the Stewardship Overlay
90	Area.
91	(h)  In particular:
92	1.  Creating a university new town community in the
93	Stewardship Overlay Area of Eastern Collier County requires a
94	critical coinciding of existing and future land use with
95	provision of capital facilities and related systems and
96	services, based upon timely, flexible, and specialized
97	management of critical factors and sequential events, balancing
98	between the interests of private enterprise, agriculture,
99	private citizens, taxpayers, consumers, the environment, the
100	economy, the initial landowners, and all applicable levels of
101	government.
102	2.  As evidenced by the Stewardship Overlay Program, all
103	the applicable public and private persons and entities have
104	invested and expended substantial time and moneys to generate
105	both the Stewardship Overlay Area portions of the Growth
106	Management Plan and the existing and future consistent specific
107	regulatory and comprehensive planning entitlements and
108	consistent land development regulations for the identification,
109	preparation, and development of a new town community.
110	3.  Creating such a new town community around the
111	university and using a single special purpose independent
112	district constitute innovative planning and flexible development
113	strategies pursuant to section 163.3177(11), Florida Statutes,
114	as amended from time to time, and Rule 9J-5.006(5)(l), Florida
115	Administrative Code, as amended from time to time, to minimize
116	the conversion of rural and agricultural lands to other uses to
117	discourage urban sprawl and to protect environmentally sensitive
118	areas, while maintaining the economic viability of agricultural
119	and other predominately rural land uses and providing for the
120	cost-efficient delivery of public facilities and services as
121	provided expressly in the Rural Lands Stewardship Area Land
122	Development Regulations, section 2.2.27.10.C.
123	(i)  There is in particular a special need to use a
124	specialized and limited single-purpose independent special
125	district unit of local government for the Ave Maria Community:
126	1.  To prevent urban sprawl by providing, sustaining, and
127	supporting freestanding infrastructure and by preventing
128	needless and counterproductive community development when the
129	existing urban area is not yet developed.
130	2.  To prevent the needless duplication, fragmentation, and
131	proliferation of local government services in a proposed land
132	use area.
133	(j)  Management of conservation, environmental,
134	agricultural, and economic challenges and opportunities in this
135	area of Eastern Collier County transcends the boundaries and
136	responsibilities of both private landowners and individual units
137	of government so that no one single public or private entity or
138	person can plan or implement policies to deal with the many
139	issues which attend the provision of basis systems, facilities,
140	and services to the area to be managed in Eastern Collier County
141	in order to provide for both a new university and a new town
142	academic community in the Stewardship area.
143	(k)  It is the expressed set of findings of the Legislature
144	further that:
145	1.  There is a considerably long period of time during
146	which there is an inordinate burden on the initial landowners of
147	both the land area for the private Ave Maria University and its
148	surrounding new town university community because of the
149	innovative, special, and unique requirements in the Growth
150	Management Plan for the Stewardship Receiving Area that deal
151	specifically with flexible management and related sequencing,
152	timing, and financing of the various systems, facilities, and
153	services to be provided to the new town community and that take
154	into consideration absorption rates, commercial viability, and
155	related factors.
156	2.  Even as the community matures, there is a continuing
157	need for landowners, both initial and subsequent, to bear
158	burdens that remain relatively inordinate in order to preserve
159	such benefits for Eastern Collier County as the unique
160	environmental and economic purpose of the new town community in
161	this Stewardship Receiving Area.
162	3.  Longer involvement of the initial landowner with regard
163	to the provision of basic systems, facilities, and services in
164	the Rural Lands Stewardship Overlay, coupled with a severely
165	limited and highly specialized single purpose of the District,
166	is in the public interest.
167	4.  Any public or private system to provide basic
168	infrastructure improvements, systems, facilities, and services
169	to this new Ave Maria community in the Stewardship Overlay Area
170	of Eastern Collier County must be focused on an unfettered,
171	highly specialized, innovative, responsive, and accountable
172	mechanism to provide the components of infrastructure at
173	sustained levels of high quality over the long term only when
174	and as needed for such a unique community in such a unique area.
175	5.  There is a critical need to maintain such provision of
176	such systems, facilities, and services to the Ave Maria
177	community because of the unique location and attributes of the
178	Stewardship Overlay Area, coupled with the unique purpose and
179	location of this new academic community, subject to, and not
180	inconsistent with, the state, regional, and local requirements
181	which attend implementation of the state plan, the Stewardship
182	Overlay for the Stewardship Receiving Area, and the Collier
183	County Growth Management Plan.
184	6.  This need is met by coinciding the use and special
185	attributes of various public and private alternatives for the
186	provision of infrastructure to such a community development,
187	including:
188	a.  The public policy and related implementing zoning,
189	permitting, and planning expertise, interests, and capabilities
190	of state and regional government and of the Collier County
191	general purpose local government;
192	b.  The flexible, limited, focused, and locally accountable
193	management and related financing capabilities of independent
194	special purpose local government; and
195	c.  The innovative development and marketing private sector
196	expertise of the initial landowners, developers, and other
197	components of private enterprise;
198	7.  The specialized financing and revenue procedures for
199	the levy and imposition of first-lien assessments, by a variety
200	of names, must be disclosed, followed, noticed, fair,
201	nonarbitrary, informed, reasonable, and accountable and that
202	they must be set forth dispositively.
203	(l)  That the existence and use of such a limited
204	specialized single purpose local government for the Ave Maria
205	community, subject both to the Rural Lands Stewardship Overlay
206	Area District and to the Collier County Growth Management Plan,
207	will result in a high propensity:
208	1.  To prevent urban sprawl, protect and to preserve
209	environmental, conservation, and agricultural uses and assets
210	and to enhance the high quality use of the applicable
211	Stewardship Receiving Area.
212	2.  To enhance the market value for both present and future
213	landowners of the property consistent with the need to protect
214	private property rights in the Stewardship Overlay.
215	3.  To enhance the net economic benefit to the Collier
216	County area, including an enhanced and well maintained tax base
217	to the benefit of all present and future taxpayers in Collier
218	County.
219	4.  To share the costs for providing such basic systems,
220	facilities and services in an innovative, sequential, and
221	flexible manner within the Ave Maria new town community to be
222	serviced by the Stewardship Community District.
223	(2)  Ascertainments.--Based upon these findings, the
224	Legislature has learned and ascertains:
225	(a)  There are two public government alternatives and one
226	private alternative available to plan, construct, maintain, and
227	finance the provision of systems, facilities, and services in
228	and subject to the Stewardship Overlay:
229	1.  One of the public or governmental alternatives is by
230	the Board of County Commissioners within the Collier County
231	political subdivision which can provide certain basic systems,
232	facilities, and services directly, or with management by its
233	staff with financing through either a municipal service taxing
234	unit for ad valorem taxes or municipal service benefit for
235	assessments, or indirectly, by nonemergency ordinance use of a
236	dependent district.
237	2.  The second public alternative is use of an independent
238	special district.
239	3.  The private alternative is the private landowner, a
240	private homeowners' association, a private utility, a private
241	business corporation or partnership, or a combination of these
242	various private alternatives.
243	(b)  Planning, permitting, and creating the Ave Maria
244	University new town community and using the independent
245	specialized single purpose Ave Maria Stewardship Community
246	District created by this Act are consistent with and implement
247	both the Collier County Growth Management Plan and Land
248	Development Code and also the following long-standing and
249	expressed policies of the state:
250	1.  To allow the creation of independent special taxing
251	districts which have uniform general law standards and
252	procedures and which do not overburden other local governments
253	and their taxpayers while preventing the proliferation of
254	independent special taxing districts which do not meet the
255	standards set forth in section 187.201(20)(b)2., Florida
256	Statutes.
257	2.  To encourage the development of local water supplies,
258	pursuant to section 187.201(7)(b)3., Florida Statutes.
259	3.  To recognize the existence of legitimate and often
260	competing public and private interests and land use regulations
261	and other government action, pursuant to section 187.201(14)(a),
262	Florida Statutes, as provided for expressly in the Stewardship
263	Overlay Program.
264	4.  Consistent with the Stewardship Overlay Program, to
265	recognize the importance of preserving natural resources and
266	enhancing quality of life by development in those areas where
267	land and water resources, fiscal abilities, and service capacity
268	can accommodate the land use and growth in a manner that is
269	environmentally acceptable, pursuant to section 187.201(15)(a),
270	Florida Statutes.
271	5.  To allocate costs of new public facilities on the basis
272	of benefits received by existing and future residents while
273	planning for the management and financing of new facilities to
274	serve residents in a timely, orderly, and efficient manner,
275	pursuant to section 187.201(17)(a) and (b)3., Florida Statutes.
276	6.  To encourage local government financial self-
277	sufficiency in providing public facilities and in identifying
278	and implementing physically sound, innovative, and cost-
279	effective techniques to provide and finance public facilities
280	while encouraging development, use, and coordination of capital
281	improvement plans by all levels of government, pursuant to
282	section (17)(b)5., 6., and 7., Florida Statutes, and as provided
283	in the Stewardship Overlay Program.
284	7.  To increase access to, and to promote and provide
285	access for, cultural, historical and educational resources and
286	opportunities, pursuant to section 187.201(18)(a) and (b)1.,
287	Florida Statutes.
288	8.  To enhance and diversify the economy of the Collier
289	County area by promoting partnerships among education, business,
290	industry, agriculture, and the arts, provide opportunities for
291	training skilled employees for new and expanding businesses, and
292	promote self-sufficiency through training and educational
293	programs that result in productive employment pursuant to
294	section 187.201(21)(a) and (b)6., 7., and 8., Florida Statutes.
295	9.  To encourage and to enhance cooperation among
296	communities that have unique assets, irrespective of political
297	boundaries, to bring the private and public sectors together for
298	establishing an orderly, environmentally, and economically sound
299	plan for current and future needs and growth, pursuant to
300	section 187.201(b)8., Florida Statutes.
301	10.  To create independent special districts by or pursuant
302	to general law to ensure long-term management and related
303	financing, to meet the need in Florida for timely, efficient,
304	effective, responsive, innovative, accountable, focused, and
305	economical ways to deliver basic services to new communities to
306	solve the state's planning, management, and financing needs for
307	delivery of capital infrastructure in order in turn to provide
308	for projected growth only and to do so without overburdening
309	other governments and their taxpayers, pursuant to section
310	189.402, Florida Statutes, so that providing to the Ave Maria
311	community basic systems, facilities, and services by independent
312	special districts remains pursuant to uniform general law and
313	section 189.402(3)(a) and (c), Florida Statutes.
314	11.  To ensure that those independent districts and the
315	exercise of their powers are consistent and comply with
316	applicable due process, disclosure, accountability, ethics, and
317	government-in-the-sunshine requirements of law, both to the
318	independent districts and to their elected and appointed
319	officials, pursuant to section 189.402(3)(b), Florida Statutes,
320	because independent special districts are a legitimate
321	alternative method available for use by both the public and
322	private sectors to manage, own, operate, construct, and finance
323	basic capital infrastructure systems, facilities, and services,
324	pursuant to section 189.402(4)(a), Florida Statutes.
325	12.  To ensure that an independent special district is
326	created to serve a special purpose to cooperate and to
327	coordinate its activities with the applicable general purpose
328	local government because aspects of growth and development
329	transcend boundaries and responsibilities of individual units of
330	government so that no single unit of government can plan or
331	implement policies to deal with these issues unilaterally as
332	effectively, pursuant to section 189.402(7) and (8), Florida
333	Statutes.
334	(c)  Construction and operation of the Ave Maria
335	University, the development of the new town university
336	community, and the use of the special and single purpose
337	independent district are not inconsistent with the Collier
338	County Comprehensive Plan and the requirements of the
339	Stewardship Overlay and implement both.
340	(d)  This land area for the private university and its new
341	town community requires an independent, special, and single
342	purpose local government, in the form of an independent special
343	district as defined in section 189.403(3), Florida Statutes,
344	subject to all substantive and procedural limitations under
345	Florida law, including this Act, in order to constitute the
346	highly specialized alternative and viable growth management
347	mechanism appropriate for this unique Stewardship Overlay
348	available to both the private and public sectors.
349	(e)  Such a District requires timely, flexible, limited,
350	and specialized management and related financing capabilities
351	under its uniform state charter, created by this Act pursuant to
352	general law, in order to produce those flexible, innovative, and
353	highly specialized benefits to the new town university community
354	property in the Stewardship Receiving Area and to the
355	Stewardship Overlay in Eastern Collier County.
356	(f)  Such a District must have management capabilities to
357	provide pinpointed, focused, accountable, responsive, limited,
358	specialized, and low-overhead-based capability, authority, and
359	power to provide basic systems, facilities, and services to the
360	new university community development with economies of scale but
361	at sustained high levels of quality over the long term.
362	(g)  In order to be responsive to the critical timing
363	required through the exercise of its special management
364	functions, an independent district requires financing of those
365	functions, including bondable lienable and non-lienable revenue,
366	with full and continuing public disclosure and accountability,
367	funded by landowners, both present and future, and funded also
368	by users of the systems, facilities, and services provided to
369	the land area by the District, without burdening the taxpayers
370	and citizens of the state, of Collier County, or any
371	municipality in Collier County.
372	(h)  The provision of services by this independent district
373	must implement, be subject to, and function not inconsistent
374	with, any applicable provisions of the Stewardship Overlay Area
375	and related permitting and planning requirements of Collier
376	County and of the Collier County Comprehensive Plan and Land
377	Development Code.
378	(i)  The creation, existence, and operation of the Ave
379	Maria Stewardship Community District, as limited and specialized
380	to its single narrow purpose, will also:
381	1.  Constitute a public mechanism to translate the anti-
382	urban-sprawl requirements of the Stewardship Overlay into
383	reality;
384	2.  Constitute a disincentive for premature or
385	inappropriate municipal incorporation consistent with state law.
386	3.  Provide a mechanism for full and continuing disclosure
387	of how basic systems, facilities, and services are both managed
388	and financed, including full and continuing disclosure to both
389	prospective purchasers and all residents of public financing
390	related to any burdens of land ownership and any related burdens
391	on existing or future residents.
392	4.  Implement Rural Land Stewardship Area Zoning Overlay
393	District Regulation, section 2.2.27.10.L.4. because such an
394	independent single purpose special district is encouraged in the
395	Stewardship Receiving Area where the new town community and
396	university are located.
397	(j)  The Ave Maria Stewardship Community District is also a
398	mechanism to implement the Collier County Concurrency Management
399	System designed to coincide with, and to implement, both the
400	Collier County future land use element and the capital
401	improvements element for basic systems, facilities, and services
402	consistent with the best interests of the Ave Maria community in
403	the Stewardship Overlay.
404	(k)  By serving its single specialized purpose, the
405	District will not result in needless proliferation, duplication,
406	and fragmentation of local government systems, facilities, and
407	services in this area of Eastern Collier County.
408	(l)  Subject to its substantive and procedural limitations,
409	the Ave Maria Stewardship Community District will assist
410	directly in public and combined public and private planning and
411	coordination in order to achieve innovative solutions to the
412	needs and requirements in this unique academic new town
413	community located in this Stewardship Overlay Area of Eastern
414	Collier County.
415	(m)  Management of the timing and phasing of critical
416	sequential events, coordinated by the initial private landowner,
417	the private university, and the Board of County Commissioners of
418	Collier County is of fundamental importance and is the basis of
419	the inordinate burden on the initial landowner developer and on
420	the private university to enhance the Stewardship Overlay and to
421	implement its requirements.
422	(n)  The critical single purpose of the Ave Maria
423	Stewardship Community District to provide basic infrastructure
424	systems, facilities, services, works, and improvements to the
425	private Ave Maria university new town community is in the public
426	interest because it:
427	1.  Does not pass on taxes or profits to purchasers of
428	property or to landowners and residents within their
429	jurisdictions;
430	2.  Decreases the tendency toward short-term planning,
431	construction, and management considerations because the
432	elections for members of the government board are staggered;
433	3.  Is not influenced, guided, or limited by quarterly and
434	annual profit statements;
435	4.  Does not have police or regulatory powers;
436	5.  Does not have larger general purpose overhead
437	responsibilities;
438	6.  Is not subject to legitimate but countervailing fiscal,
439	economic, policy, and political considerations to which large
440	general-purpose local governments and large landowners and
441	developers would be subject in the natural course of events.
442	7.  Does not constitute needless duplication,
443	proliferation, or fragmentation of local government systems,
444	facilities, and services in Collier County;
445	8.  Shall operate and function subject to and not
446	inconsistent with the county comprehensive plan and not
447	inconsistent with, but rather shall enhance the purpose and
448	requirements of, the Rural Lands Stewardship Overlay with the
449	least overhead cost and the highest amount of public disclosure,
450	accountability, responsiveness, and productivity.
451	9.  Coincides its functions with the authority and best
452	interests of general purpose local government, the private
453	university, the private landowners, both present and future, the
454	taxpayers, the future residents, and the state in the provision
455	of needed infrastructure to the community at sustained levels of
456	quality over the long term.
457	10.  Provides highly accountable innovative systems,
458	facilities, and services close to the land and close to the
459	people to constitute expressly the stewardship of the lands of
460	the new community within and subject to the Stewardship Overlay
461	Area in Eastern Collier County and within its jurisdiction;
462	11.  Serves a land area that is amenable to separate
463	special district government.
464	12.  Serves a land area that is sufficiently compact and of
465	size sufficient for the functionally interrelated Ave Maria new
466	town community development.
467	13.  Serves a land area in which there is no existing local
468	or regional system, facility, or service with which creation and
469	operation of this District and the provision of its systems,
470	facilities, improvements, and infrastructure would be
471	incompatible.
472	14.  Will enhance the intrinsic value of the property and
473	the new community development, for the purpose of the
474	Stewardship Overlay, and be a sustaining source of public
475	revenue.
476	(o)  The independent district charter created in this Act
477	involves innovative general and special powers not otherwise
478	available for this unique and highly specialized first ever
479	academic Ave Maria new town community in such a unique multi-
480	faceted Rural Lands Stewardship Overlay.
481	(p)  The minimum requirements of general law or creation of
482	this District by special act have been met as confirmed and set
483	forth expressly in section 3(1).
484	(3)  Determinations.--Based upon its findings and
485	ascertainments, the Legislature states expressly and determines:
486	(a)  This Act represents the findings, ascertainments, and
487	determinations of the Legislature that creating the Ave Maria
488	Stewardship Community District, by special act, pursuant to
489	general law, is the best alternative as required by section
490	189.404(2)(e)3., Florida Statutes, because it meets
491	affirmatively the findings and ascertainments of this
492	Legislature set forth in this section.
493	(b)  The creation by this Act of the Ave Maria Stewardship
494	Community District in the Stewardship Overlay Area of Collier
495	County is consistent affirmatively with the Collier County local
496	government comprehensive plan.
497	(c)  The authority for this Act is pursuant to section
498	189.404, Florida Statutes, and the State Comprehensive Plan
499	pursuant to section 187.201, Florida Statutes.
500	(d)  The Board of County Commissioners of Collier County,
501	on October 28, 2003, adopted Resolution 2003-381, expressing no
502	objection to the creation and establishment of the Ave Maria
503	University Stewardship Community District and finding it
504	consistent with the Collier County local government
505	comprehensive plan as provided in section 189.404(a)(e)4.,
506	Florida Statutes.
507	(4)  Intent.--Based upon its findings, ascertainments, and
508	determinations, the Legislature expresses its intent:
509	(a)  To ensure that the creation and operation of the Ave
510	Maria Stewardship Community District by and pursuant to this
511	Act, exercising its management and related financing powers to
512	implement its limited, single, and special purpose, is not a
513	development order and does not trigger or invoke any provision
514	within the meaning of chapter 380, Florida Statutes, and all
515	applicable governmental planning, environmental, and land
516	development laws, regulations, rules, policies, and ordinances
517	apply to all development of the land within the jurisdiction of
518	the District as created by this Act.
519	(b)  That the District operate and function subject to, and
520	not inconsistent with, the Collier County Growth Management Plan
521	and Land Development Code and any applicable development orders,
522	zoning regulations, or other land development regulations.
523	(c)  That under this Act this special and single purpose
524	Ave Maria Stewardship Community District shall not have the
525	power of a general purpose local government to adopt a
526	comprehensive plan or related land development regulation as
527	those terms are defined in the Florida Local Government
528	Comprehensive Planning and Land Development Regulation Act.
529	(d)  That the charter for this District in the Act is
530	exclusive and may be amended only by the Legislature by
531	subsequent special act.  Any certain proposed amendment of this
532	Act which deals specifically, expressly, and only with section
533	2(4)(a), (b), and (c) shall not be considered by the Legislature
534	unless it is accompanied by a resolution of support by the
535	Collier County Board of County Commissioners provided that any
536	other amendment on any other subject or provision dealing with
537	any subject or provision in this Act does not require such
538	resolution.
539	(e)  That the Ave Maria Stewardship Community District
540	created by this Act constitutes an innovative mechanism for
541	long-term, sustained, quality public stewardship through the
542	planning, implementation, construction, management, and related
543	financing, of basic systems, facilities, services and
544	infrastructure projects for the mixed-use new town academic
545	community.
546	(f)  That, it is in the public interest that this limited,
547	independent, specialized, and single-purpose District have
548	perpetual existence subject only to legislative review as
549	provided in its charter as created by this Act so that it is not
550	in a position to outlive its usefulness.
551	(g)  That the exercise by this Ave Maria Stewardship
552	Community District of its powers to carry out its single purpose
553	under its charter as created by this Act is consistent with
554	applicable due process, disclosure, accountability, ethics,
555	conflicts of laws, government in the sunshine, competitive
556	procurement, including the employees of consultants, competitive
557	negotiation, and competitive bidding, both as to the government
558	entity itself and as to its appointed or elected officials as
559	required in this Act.
560	(5)  Purpose.--The limited, single, and specialized purpose
561	of the Ave Maria Stewardship Community District is to provide
562	community development systems, facilities, services, projects,
563	improvements, and infrastructure to the Ave Maria community by
564	exercising its various management powers, with related financing
565	powers, both general and special, as set forth by and limited by
566	its charter as created by this Act.
567	(6)  Definitions.--As used in this Act:
568	(a)  "Ad valorem bonds" means bonds which are payable from
569	the proceeds of ad valorem taxes levied on real and tangible
570	personal property and which are generally referred to as general
571	obligation bonds.
572	(b)  "Assessable improvements" means, without limitation,
573	any and all public improvements and community facilities that
574	the District is empowered to provide in accordance with this
575	Act, that provide a special benefit to property within the
576	District.
577	(c)  "Assessment bonds" means special obligations of the
578	District which are payable solely from proceeds of the special
579	assessments or benefit special assessments levied for assessable
580	improvements, provided that, in lieu of issuing assessment bonds
581	to fund the costs of assessable improvements, the District may
582	issue revenue bonds for such purposes payable from special
583	assessments.
584	(d)  "Assessments" means those nonmillage District
585	assessments which include special assessments, benefit special
586	assessments, and maintenance special assessments and a
587	nonmillage, non-ad valorem maintenance tax if authorized by
588	general law.
589	(e)  "Ave Maria Stewardship Community District" means the
590	unit of special and single purpose local government created and
591	chartered by this Act, including the creation of its charter,
592	and limited to the performance, in implementing its single
593	purpose, of those general and special powers authorized by its
594	charter under this Act, the boundaries of which are set forth by
595	the Act, the governing head of which is created and authorized
596	to operate with legal existence by this Act, and the purpose of
597	which is as set forth in this Act.
598	(f)  "Benefit special assessments" are District assessments
599	imposed, levied, and collected pursuant to the provisions of
600	section 4(14)(b).
601	(g)  "Board of Supervisors" or "board" means the governing
602	board of the District or, if such board has been abolished, the
603	board, body, or commission assuming the principal functions
604	thereof or to whom the powers given to the board by this Act
605	have been given by law.
606	(h)  "Bond" includes "certificate," and the provisions that
607	are applicable to bonds are equally applicable to certificates.
608	The term "bond" includes any general obligation bond, assessment
609	bond, refunding bond, revenue bond, and other such obligation in
610	the nature of a bond as is provided for in this Act.
611	(i)  "Developed urban area" means any reasonably compact
612	urban area.
613	(j)  "Cost" or "costs," when used with reference to any
614	project, includes, but is not limited to:
615	1.  The expenses of determining the feasibility or
616	practicability of acquisition, construction, or reconstruction.
617	2.  The cost of surveys, estimates, plans, and
618	specifications.
619	3.  The cost of improvements.
620	4.  Engineering, fiscal, and legal expenses and charges.
621	5.  The cost of all labor, materials, machinery, and
622	equipment.
623	6.  The cost of all lands, properties, rights, easements,
624	and franchises acquired.
625	7.  Financing charges.
626	8.  The creation of initial reserve and debt service funds.
627	9.  Working capital.
628	10.  Interest charges incurred or estimated to be incurred
629	on money borrowed prior to and during construction and
630	acquisition and for such reasonable period of time after
631	completion of construction or acquisition as the board may
632	determine.
633	11.  The cost of issuance of bonds pursuant to this Act,
634	including advertisements and printing.
635	12.  The cost of any bond or tax referendum held pursuant
636	to this Act and all other expenses of issuance of bonds.
637	13.  The discount, if any, on the sale or exchange of
638	bonds.
639	14.  Administrative expenses.
640	15.  Such other expenses as may be necessary or incidental
641	to the acquisition, construction, or reconstruction of any
642	project, or to the financing thereof, or to the development of
643	any lands within the District.
644	16.  Payments, contributions, dedications, and any other
645	exactions required as a condition of receiving any government
646	approval or permit necessary to accomplish any District purpose.
647	(k)  "District" means the Ave Maria Stewardship Community
648	District.
649	(l)  "District manager" means the manager of the District.
650	(m)  "District roads" means highways, streets, roads,
651	alleys, sidewalks, landscaping, storm drains, bridges, and
652	thoroughfares of all kinds.
653	(n)  "General obligation bonds" means bonds which are
654	secured by, or provide for their payment by, the pledge of the
655	full faith and credit and taxing power of the District, in
656	addition to those special taxes levied for their discharge and
657	such other sources as may be provided for their payment or
658	pledged as security under the resolution authorizing their
659	issuance, and for payment of which recourse may be had against
660	the general fund of the District.
661	(o)  "Governing board member" means any member of the Board
662	of Supervisors.
663	(p)  "Land development regulations" means those regulations
664	of general purpose local government, adopted under the Florida
665	Local Government Comprehensive Planning and Land Development
666	Regulations Act, Florida's Growth Management Act, and chapter
667	163, Florida Statutes, as amended from time to time, to which
668	the District is subject and as to which the District may not
669	doing anything that is inconsistent. Land development
670	regulations shall not mean specific management engineering,
671	planning, and other criteria and standards needed in the daily
672	management, implementation, and provision by the District of
673	basic systems, facilities, services, works, improvements,
674	projects, or infrastructure, including design criteria and
675	standards, so long as they remain subject to and are not
676	inconsistent with the Collier County Growth Management Plan and
677	applicable land development regulations.
678	(q)  "Landowner" means the owner of a freehold estate as it
679	appears on the deed record, including a trustee, a private
680	corporation, and an owner of a condominium unit. Landowner does
681	not include a reversioner, remainderman, mortgagee, or any
682	governmental entity who shall not be counted and need not be
683	notified of proceedings under this Act. Landowner also means the
684	owner of a ground lease from a governmental entity, which
685	leasehold interest has a remaining term, excluding all renewal
686	options, in excess of 50 years.
687	(r)  "General-purpose local government" means a county,
688	municipality, or consolidated city-county government.
689	(s)  "Maintenance special assessments" are assessments
690	imposed, levied, and collected pursuant to the provisions of
691	section 4(14)(d).
692	(t)  "Non-ad valorem assessment" means an assessment levied
693	and imposed by the Board of Supervisors of the Ave Maria
694	Stewardship Community District that are not based upon millage
695	and that constitutes, pursuant to the provisions of this Act,
696	first lien imposed on the property subject thereto, coequal with
697	any lien imposed by the state, county, municipality, or school
698	board:
699	1.  If, pursuant to general law, nonmillage and non-ad
700	valorem taxes, limited expressly and only to certain maintenance
701	taxes provided for expressly in the District charter as created
702	by this Act that are not ad valorem taxes and are not special
703	assessments.
704	2.  If an assessment that is not a tax and is a special
705	assessment levied and imposed by the Board of Supervisors of the
706	District pursuant to an informed and nonarbitrary determination
707	by the Board of Supervisors that the system, facility, or
708	service will provide, as a logical connection to the applicable
709	parcels of property, a special benefit peculiar to the property,
710	different in kind and degree than a general benefit and,
711	further, that the duty to pay per parcel will be apportioned in
712	a manner that is fair and reasonable, and that may be known as
713	an assessment, special assessment, maintenance assessment, or
714	benefit assessment. The levy of a maintenance assessment to
715	maintain a system or facility constructed and financed a by
716	special assessment levied by the District may be based on the
717	assessment methodology by which a construction special
718	assessment is levied but upon a determination that a maintenance
719	special assessment also provides a special and peculiar benefit
720	to the property and is apportioned in a manner that is fair and
721	reasonable.
722	3.  If an assessment is levied, imposed, or equalized by
723	the Board of Supervisors by rule of the District.
724	(u)  "Powers" means powers used and exercised by the Board
725	of Supervisors to accomplish the single, limited, and special
726	purpose of the District including:
727	1.  "General powers" means those organizational and
728	administrative powers of the District as provided in its charter
729	in order to carry out its single special purpose as a local
730	government public corporate body politic.
731	2.  "Special powers" means those powers enumerated by the
732	District charter to implement its specialized systems,
733	facilities, services, projects, improvements, and infrastructure
734	and related functions in order to carry out its single
735	specialized purpose.
736	3.  Any other powers, authority, or function set forth in
737	this Act.
738	(v)  "Project" means any development, improvement,
739	property, power, utility, facility, enterprise, service, system,
740	works, or infrastructure now existing or hereafter undertaken or
741	established under the provisions of this Act.
742	(w)  "Qualified elector" means any person at least 18 years
743	of age who is a citizen of the United States, a legal resident
744	of Florida and of the District and who registers to vote with
745	the Supervisor of Elections in Collier County.
746	(x)  "Refunding bonds" means bonds issued to refinance
747	outstanding bonds of any type and the interest and redemption
748	premium thereon. Refunding bonds shall be issuable and payable
749	in the same manner as refinanced bonds, except that no approval
750	by the electorate shall be required unless required by the State
751	Constitution.
752	(y)  "Revenue bonds" means obligations of the District that
753	are payable from revenues, including, but not limited to,
754	special assessments and benefit special assessments derived from
755	sources other than ad valorem taxes on real or tangible personal
756	property and that do not pledge the property, credit, or general
757	tax revenue of the District.
758	(z)  "Sewer system" means any plant, system, facility, or
759	property, and additions, extensions, and improvements thereto at
760	any future time constructed or acquired as part thereof, useful
761	or necessary or having the present capacity for future use in
762	connection with the collection, treatment, purification, or
763	disposal of sewage, including, but not limited to, industrial
764	wastes resulting from any process of industry, manufacture,
765	trade, or business or from the development of any natural
766	resource. Sewer system also includes treatment plants, pumping
767	stations, lift stations, valves, force mains, intercepting
768	sewers, laterals, pressure lines, mains, and all necessary
769	appurtenances and equipment; all sewer mains, laterals, and
770	other devices for the reception and collection of sewage from
771	premises connected therewith; and all real and personal property
772	and any interest therein, rights, easements, and franchises of
773	any nature relating to any such system and necessary or
774	convenient for operation thereof.
775	(aa)  "Special assessments" shall mean assessments as
776	imposed, levied, and collected by the District for the costs of
777	assessable improvements pursuant to the provisions of this Act,
778	chapter 170, Florida Statutes, as amended from time to time, and
779	the additional authority under section 197.3631, Florida
780	Statutes, as amended from time to time, or other provisions of
781	general law, now or hereinafter enacted, which provide or
782	authorize a supplemental means to impose, levy, and collect
783	special assessments.
784	(bb)  "Taxes" or "tax" means those levies and impositions
785	of the Board of Supervisors that support and pay for government
786	and the administration of law and that may be:
787	1.  Ad valorem or property taxes based upon both the
788	appraised value of property and millage, at a rate uniform
789	within the jurisdiction;
790	2.  If and when authorized by general law, non-ad valorem
791	maintenance taxes not based on millage that are used to maintain
792	District systems, facilities, and services.
793	(cc)  "Urban area" means a developed and inhabited urban
794	area within the District within a minimum acreage resident
795	population density of least 1.5 persons per acre as defined by
796	the latest official census, special census, or population
797	estimate, a minimum density of one single-family home per 2.5
798	acres with access to improved roads, or a minimum density of one
799	single-family home per 5 acres within a recorded plat
800	subdivision.  Urban areas shall be designated by the Board of
801	Supervisors with the assistance of all general purpose local
802	governments having jurisdiction over the area within the
803	jurisdiction of the District.
804	(dd)  "Water system" means any plant, system, facility, or
805	property, and any addition, extension, or improvement thereto at
806	any future time constructed or acquired as a part thereof,
807	useful, necessary, or having the present capacity for future use
808	in connection with the development of sources, treatment,
809	purification, or distribution of water. Water system also
810	includes dams, reservoirs, storage tanks, mains, lines, valves,
811	pumping stations, laterals, and pipes for the purpose of
812	carrying water to the premises connected with such system, and
813	all rights, easements, and franchises of any nature relating to
814	any such system and necessary or convenient for the operation
815	thereof.
816	(7)  Policy.--Based upon its findings, ascertainments,
817	determinations, intent, purpose, and definitions, the
818	Legislature states its policy expressly:
819	(a)  The District and the District charter, with its
820	general and special powers, as created in this Act, are
821	essential and the best alternative for the unique location and
822	nature of the new community for academic, residential,
823	commercial, and other community uses, projects, or functions in
824	the Rural Lands Stewardship Area Overlay of eastern Collier
825	County consistent with and designed to enhance the Stewardship
826	Overlay Program and to serve a lawful public purpose.
827	(b)  The District which is a local government and a
828	corporate body politic is limited to its single, narrow, and
829	special purpose as expressed in this Act, with the power to
830	provide, plan, implement, construct, maintain, and finance as a
831	local government management entity its basic systems,
832	facilities, services, improvements, infrastructure, and projects
833	and possessing financing powers to fund its management power
834	over the long term and with sustained levels of high quality
835	commensurate with the Stewardship Overlay.
836	(c)  This Act may be amended only by special act of the
837	Legislature in whole or in part.
838	Section 3.  Minimum general law requirements; creation and
839	establishment; boundaries; jurisdiction; construction; charter
840	with legal description.--
841	(1)  Pursuant to section 189.404(3), Florida Statutes, the
842	Legislature sets forth that the minimum requirements in
843	paragraphs (a) through (o) have been met in the identified
844	provisions of this Act as follows:
845	(a)  The purpose of the District is stated in the Act in
846	section 2, subsection (5).
847	(b)  The powers, functions, and duties of the District are
848	generally in section 4, subsection (3) paragraphs (g) and (h)
849	and subsections (5)-(16), (18), (19), (21), (25), and (32) as to
850	which:
851	1.  Taxation provisions are set forth in section 2,
852	subsection (6), paragraph (bb); section 4, subsection (3),
853	paragraph (h), subsection (14), paragraphs (a), (c), (f), (g)
854	and (i), and subsections (17), (18), and (19).
855	2.  Bond issuance provisions are set forth generally in
856	section 2; section 4, subsection (8), paragraph (d), subsections
857	(10)-(13), and subsection (16), paragraphs (b) and (c).
858	3. Provisions regarding the other revenue raising
859	capabilities are set forth in section 2, subsection (6),
860	paragraphs (b), (d), (s), (t), and (aa); section 4, subsection
861	(10) and (11), subsection (14), paragraphs (b), (d), (e), (h),
862	(i), and (j), and subsections (15) and (16).
863	4.  Provisions regarding fees, rentals, and charges are in
864	section 2, subsection (6); and section 4, subsection (8),
865	paragraph (i) and subsections (22)-(25).
866	5.  Provisions regarding budget preparation and approval
867	are in section 4, subsections (5), (6), and (9).
868	6.  Provisions regarding liens and foreclosures of liens
869	are in section 4, subsection (14), paragraphs (f), (g), (h), and
870	(i), and subsections (15), (17), (18), and (19).
871	7.  Provisions regarding the use of tax deeds and tax
872	certificates as appropriate for non-ad valorem assessments are
873	set forth in section 4, subsection (8), paragraph (o),
874	subsection (14), paragraphs (b), (c), (d), (e), (f), (h), and
875	(i), and subsection (15).
876	8.  Provisions regarding contractual agreements are in
877	section 4, subsection (8), paragraphs (c), (l), (p), (r) and
878	(s), and subsection (9), paragraphs (k), (o), (p), (s), (t),
879	(v), and (w).
880	(c)  The provisions for methods for establishing the
881	District are in section 2, subsection (2), paragraph (b);
882	section 3; and effective as provided in section 6.
883	(d)  The methods for amending the charter of the District
884	are set forth in section 2, subsection (7), paragraph (c);
885	section 3, subsection (4); and section 4, subsection (28).
886	(e)  The provisions regarding aspects of the governing
887	board are as follows:
888	1.  Provisions for the membership of the governing board
889	are in section 4, subsection (3), paragraph (b) and subsection
890	(4), paragraph (c).
891	2.  Provisions regarding the organization of the governing
892	board are in section 4, subsection (3), paragraphs (b)-(d) and
893	subsection (4), paragraph (c).
894	3.  Provisions regarding the requirement of five board
895	members are in section 4, subsection (3), paragraph (b), and
896	subsection (4), paragraph (c), subparagraph 1.
897	4.  The provisions regarding the quorum of the governing
898	board are in section 4, subsection (3), paragraph (b), and
899	subsection (4) paragraph (c), subparagraph 1, sub-subparagraph
900	e.
901	(f)  The provisions regarding maximum compensation of each
902	board member are in section 4, subsection (4), paragraph (c),
903	and in particular in subparagraph 1., sub-subparagraph h.;
904	section 4, subsection (4), paragraph (c), subparagraph 1., sub-
905	subparagraph h.
906	(g)  The provisions regarding the administrative duties of
907	the governing board are found in section 4, subsections (5)-(8).
908	(h)  The provisions applicable to financial disclosure,
909	noticing, and reporting requirements for:
910	1.  Financial disclosure are in section 4, subsections (6)
911	and (7).
912	2.  The provisions regarding voting are found in section 4,
913	subsections (3) and (4).
914	3.  Reporting requirements are in section 4, subsections
915	(5)-(7) and subsection (31).
916	(i)  The provisions regarding procedures and requirements
917	for issuing bonds are:
918	1.  For issuing bonds are in section 4, subsection (12),
919	particularly in paragraphs (a), (b), (i), (k), and (l), and
920	related provisions regarding trust agreements are in subsection
921	(13).
922	2.  For issuing bonds are in section 4, subsection (12),
923	particularly in paragraphs (c)-(q) and subsection (13).
924	(j)  The provisions regarding elections or referenda are:
925	1.  For procedures for elections are in section 4,
926	subsections (3) and (4), and provisions regarding referenda are
927	in subsection (14), paragraph (a).
928	2.  For qualifications of an elector of the District, a
929	qualified elector, are in section 2, subsection (6), paragraph
930	(w); and section 4, subsection (3), paragraphs (b) and (c).
931	3.  For referenda are in section 4, subsection (4),
932	paragraph (b).
933	(k)  The provisions regarding methods for financing the
934	District are generally in section 4, subsections (10), (11),
935	(14), (15), (16), (17), (18), and (19).
936	(l)  Other than taxes levied for the payment of bonds and
937	taxes levied for periods not longer than 2 years when authorized
938	by vote of the electors of the District, the provisions for:
939	1.  The authority to levy ad valorem tax is in section 4,
940	subsection (14), paragraph (a) and subsection (3), paragraph
941	(h); and section 2, subsection (6) paragraph (bb) subparagraph
942	1.
943	2.  The authorized millage rate is in section 4, subsection
944	(14), paragraph (a).
945	(m)  The provisions for the method or methods of collecting
946	non-ad valorem assessments, fees, or service charges are:
947	1.  For collecting non-ad valorem assessments in section 4,
948	subsection (14), paragraphs (b), (c), (d), (e), (h), and (i) and
949	subsection (15).
950	2.  For collecting fees and service charges in section 4,
951	subsection (22).
952	(n)  The provisions for planning requirements are as
953	limited by the provisions of section 2 and section 3, as limited
954	further by section 4, subsections (8) and (9).
955	(o)  The provisions for geographic boundary limitations of
956	the District are set forth in section 3, subsection (2)-(4); and
957	section 4, subsection (2).
958	(2)  Creation and establishment.--The Ave Maria Stewardship
959	Community District, which may also be referred to and be known
960	as the "Stewardship Community District," "Ave Maria District,"
961	or "District" is created and incorporated as a public body,
962	corporate and politic, an independent, limited, special, and
963	single purpose local government, an independent special
964	district, under section 189.404, Florida Statutes, as amended
965	from time to time, and as defined in this Act and in section
966	189.403(3), Florida Statutes, as amended from time to time, in
967	and for eastern Collier County. Any amendments to chapter 190,
968	Florida Statutes, after January 1, 2004, granting additional
969	general powers, special powers, authorities, or projects to a
970	community development district by amendment to its uniform
971	charter, sections 190.006-190.041, Florida Statutes, shall
972	constitute a general power, special power, authority, or
973	function of the Ave Maria Stewardship Community District.
974	Because all notices for the enactment by the Legislature of this
975	Act, a special act, have been provided pursuant to the State
976	Constitution, the Laws of Florida, and the Rules of the Florida
977	House of Representatives and of the Florida Senate, and because
978	Collier County is not a charter county, no referendum subsequent
979	to the effective date of this Act is required.  The District, as
980	created by this Act, is established on the property pursuant to
981	section 6 and section 4(3).
982	(3)  The territorial boundary of the District shall embrace
983	and include, without reservation or enclave, all of that certain
984	real property described legally in the following section 4(2).
985	(4)  The jurisdiction of this District, in the exercise of
986	its general and special powers, and in the carrying out of its
987	single, narrow, and special purpose, is both within the external
988	boundaries of the legal description of this District and
989	extraterritorially when limited to, and as authorized expressly
990	elsewhere in, the charter of the District as created in this Act
991	or applicable general law. This single purpose District is
992	created as a public body corporate and politic and local
993	government authority and power is limited by its charter, this
994	Act, and subject to the provisions of other general laws,
995	including chapter 189, Florida Statutes, except that an
996	inconsistent provision in this Act shall control and the
997	District has jurisdiction to perform such acts and exercise such
998	projects, functions, and powers as shall be necessary,
999	convenient, incidental, proper, or reasonable for the
1000	implementation of its limited, single, and specialized purpose
1001	regarding the sound planning, provision, acquisition,
1002	development, operation, maintenance, and related financing of
1003	those public systems, facilities, services, improvements,
1004	projects, and infrastructure works as authorized herein
1005	including those necessary and incidental thereto.
1006	(5)  Exclusive charter.--The exclusive charter of the "Ave
1007	Maria Stewardship Community District" is this Act and may be
1008	amended only by special act of the Legislature.
1009	Section 4.  Disposition of sections 2 and 3; legal
1010	description; exclusive charter of the Ave Maria Stewardship
1011	Community District.--
1012	(1)  EXCLUSIVE CHARTER.--This Act constitutes the exclusive
1013	charter of the Ave Maria Stewardship Community District.
1014	(2)  LEGAL DESCRIPTION.  The metes and bounds legal
1015	description of the District, within which there are no enclaves
1016	or parcels of property owned by those who do not wish their
1017	property to be included within the District, is as follows:
1018
1019	METES AND BOUNDS DESCRIPTION
1020	DESCRIPTION OF PART OF SECTIONS 21, 22, 27, 28, 29,
1021	30, AND 33
1022	AND ALL OF SECTIONS 31 AND 32, TOWNSHIP 47 SOUTH,
1023	RANGE 29 EAST,
1024	AND
1025	PART OF SECTIONS 4, 9, 16, 17, AND 18
1026	AND ALL OF SECTIONS 5, 6, 7, AND 8, TOWNSHIP 48 SOUTH,
1027	RANGE 29 EAST,
1028	AND
1029	PART OF SECTIONS 1, 12 AND 13, TOWNSHIP 48 SOUTH,
1030	RANGE 28 EAST,
1031	AND
1032	ALL OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST,
1033	COLLIER COUNTY, FLORIDA
1034
1035	COMMENCING AT the NORTHWEST CORNER OF SECTION 27,
1036	TOWNSHIP 47 SOUTH, RANGE
1037	29 EAST, COLLIER COUNTY, FLORIDA.
1038	THENCE ALONG THE NORTH LINE OF SAID SECTION 27 NORTH
1039	89°42'22" EAST 40.00 FEET TO THE INTERSECTION WITH THE
1040	WEST RIGHT-OF-WAY LINE OF CAMP KEIAS ROAD (80' RIGHT-
1041	OF-WAY) AND THE POINT OF BEGINNING OF THE PARCEL
1042	HEREIN DESCRIBED:
1043	THENCE ALONG SAID RIGHT-OF-WAY LINE IN THE FOLLOWING
1044	TWENTY FOUR (24) DESCRIBED COURSES;
1045	1)  SOUTH 00°15'32" EAST 4936.39 FEET;
1046	2)  395.35 FEET ALONG THE ARC OF A NON-TANGENTIAL
1047	CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF
1048	3,707.51 FEET THROUGH A CENTRAL ANGLE OF 06°05'35" AND
1049	BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°47'23"
1050	WEST 395.17 FEET;
1051	3)  SOUTH 05°50'40" WEST 101.17 FEET;
1052	4)  THENCE SOUTH 89°37'49" WEST 7.63 FEET;
1053	5)  SOUTH 00°14'32" EAST 73.58 FEET;
1054	6)  SOUTH 05°51'27" WEST 224.83 FEET;
1055	7)  403.87 FEET ALONG THE ARC OF A NON-TANGENTIAL
1056	CIRCULAR CURVE CONCAVE
1057	EAST HAVING A RADIUS OF 3,798.14 FEET THROUGH A
1058	CENTRAL ANGLE OF 06°05'33" AND BEING SUBTENDED BY A
1059	CHORD WHICH BEARS SOUTH 02°45'21" WEST 403.68 FEET;
1060	8)  SOUTH 00°14'33" EAST 1,907.96 FEET;
1061	9)  SOUTH 00°22'10" EAST 2,609.43 FEET;
1062	10)  SOUTH 00°30'10" EAST 2,673.59 FEET;
1063	11)  SOUTH 00°35'31" EAST 2,684.14 FEET;
1064	12)  SOUTH 00°38'11" EAST 2,610.47 FEET;
1065	13)  SOUTH 00°30'34" EAST 200.03 FEET;
1066	14)  202.91 FEET ALONG THE ARC OF A CIRCULAR
1067	CURVE CONCAVE EAST HAVING A RADIUS OF 2,702.95 FEET
1068	THROUGH CENTRAL ANGLE OF 04°18'04" AND
1069	BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°39'36"
1070	EAST 202.86 FEET;
1071	15)  SOUTH 04°48'38" EAST 400.00 FEET;
1072	16)  SOUTH 05°08'04" EAST 95.99 FEET;
1073	17)  SOUTH 00°29'16" EAST 101.03 FEET;
1074	18)  CONTINUE ALONG SAID LINE SOUTH 00°29'16"
1075	EAST 1,609.23 FEET;
1076	19)  SOUTH 00°59'03" EAST 2,660.06 FEET;
1077	20)  SOUTH 00°56'00" EAST 2,246.44 FEET;
1078	21)  104.19 FEET ALONG THE ARC OF A  NON-
1079	TANGENTIAL CIRCULAR
1080	CURVE CONCAVE WEST HAVING A RADIUS OF 461.33 FEET
1081	THROUGH A CENTRAL ANGLE OF
1082	12°56'25" AND BEING SUBTENDED BY A CHORD WHICH BEARS
1083	SOUTH 05°33'57" WEST
1084	103.97 FEET;
1085	22)  SOUTH 12°02'43" WEST 100.00 FEET;
1086	23)  122.31 FEET ALONG THE ARC OF A CIRCULAR
1087	CURVE CONCAVE EAST
1088	HAVING A RADIUS OF 540.00 FEET THROUGH CENTRAL ANGLE
1089	OF 12°58'40" AND BEING
1090	SUBTENDED BY A CHORD WHICH BEARS SOUTH 05°33'23" WEST
1091	122.05 FEET;
1092	24)  SOUTH 00°55'58" EAST 49.54 FEET TO THE NORTH
1093	RIGHT OF WAY
1094	LINE OF OIL WELL ROAD (100' RIGHT OF WAY)
1095	THENCE ALONG SAID NORTH RIGHT OF WAY IN THE FOLLOWING
1096	EIGHT (8) DESCRIBED
1097	COURSES;
1098	1)  SOUTH 88°57'46" WEST 2,595.92 FEET;
1099	2)  SOUTH 88°54'34" WEST 2,641.05 FEET;
1100	3)  SOUTH 88°57'06" WEST 2,570.04 FEET;
1101	4)  SOUTH 88°55'37" WEST 2,702.71 FEET;
1102	5)  SOUTH 88°56'50" WEST 2,645.03 FEET;
1103	6)  SOUTH 88°56'28" WEST 2,639.06 FEET;
1104	7)  SOUTH 89°44'55" WEST 2,676.56 FEET;
1105	8)  SOUTH 89°44'33" WEST 0.82 FEET TO THE WEST
1106	LINE OF THOSE
1107	LANDS DESCRIBED IN O.R. BOOK 2493, PAGE 2779-2796;
1108	THENCE ALONG SAID LINE NORTH 01°11'28" WEST 2,637.90
1109	FEET TO THE NORTH LINE
1110	OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493, PAGE 2779-
1111	2796;
1112	THENCE ALONG SAID LINE NORTH 89°32'26" EAST 1,332.28
1113	FEET TO A NORTHWEST
1114	CORNER OF THOSE LANDS DESCRIBED IN O.R. BOOK 2009 PAGE
1115	1554-1558;
1116	THENCE ALONG THE NORTH LINE OF SAID LANDS NORTH
1117	89°32'26" EAST 360.40 FEET
1118	TO THE INTERSECTION WITH THE WEST LINE OF THOSE LANDS
1119	DESCRIBED IN O.R. BOOK
1120	2943 PAGE 2779-2796;
1121	THENCE ALONG THE WEST LINE OF SAID LANDS NORTH
1122	01°11'02" WEST 2,688.15 FEET
1123	TO THE INTERSECTION WITH SOUTH LINE OF SECTION 12,
1124	TOWNSHIP 48 SOUTH, RANGE
1125	28 EAST,
1126	THENCE ALONG SAID LINE SOUTH 89°24'56" WEST 151.63
1127	FEET TO THE INTERSECTION
1128	WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R.
1129	BOOK 2493 PAGE 2779-2796;
1130	THENCE ALONG THE WEST LINE OF SAID LANDS NORTH
1131	00°44'30" WEST 5,387.66 FEET
1132	TO THE INTERSECTION WITH THE NORTH LINE OF SAID
1133	SECTION 12;
1134	THENCE ALONG SAID NORTH LINE NORTH 89°00'09" EAST
1135	23.81 FEET TO INTERSECTION
1136	WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R.
1137	BOOK 2493 PAGES
1138	2779-2796;
1139	THENCE ALONG THE WEST LINE OF SAID LANDS NORTH
1140	00°43'12" WEST 5,312.87 FEET
1141	TO THE SOUTH LINE OF SECTION 36, TOWNSHIP 47 SOUTH,
1142	RANGE 28 EAST;
1143	THENCE ALONG SAID SOUTH LINE SOUTH 89°28'47" WEST
1144	1,591.63 FEET;
1145	THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 89°28'47"
1146	WEST 2,658.12 FEET TO THE SOUTH WEST CORNER OF SAID
1147	SECTION 36;
1148	THENCE ALONG THE WEST LINE OF SAID SECTION 36 NORTH
1149	00°12'02" WEST 2,594.56 FEET;
1150	THENCE CONTINUE ALONG THE WEST LINE OF SAID SECTION 36
1151	NORTH 00°13'09" EAST
1152	2,595.59 FEET TO THE NORTHWEST CORNER OF SAID SECTION
1153	36;
1154	THENCE ALONG THE NORTH LINE OF SAID SECTION 36 NORTH
1155	89°57'18" EAST 2,678.23
1156	FEET;
1157	THENCE CONTINUE ALONG THE NORTH LINE OF SAID SECTION
1158	NORTH 89°57'18" EAST
1159	2,678.23 FEET TO THE NORTH EAST CORNER OF SAID SECTION
1160	36;
1161	THENCE ALONG THE WEST LINE OF SECTION 30, TOWNSHIP 47
1162	SOUTH, RANGE 29 EAST,
1163	NORTH 00°13'04" WEST 2,580.06 FEET;
1164	THENCE CONTINUE ALONG SAID WEST LINE OF SAID SECTION
1165	30 NORTH 00°10'45" WEST
1166	2,527.41 FEET TO THE SOUTH RIGHT OF WAY LINE OF
1167	IMMOKALEE ROAD (100' RIGHT
1168	OF WAY)
1169	THENCE ALONG SAID RIGHT OF WAY LINE FOR THE FOLLOWING
1170	NINE (9) DESCRIBED
1171	COURSES;
1172	1)  SOUTH 89°43'35" EAST 0.74 FEET;
1173	2)  NORTH 87°40'12" EAST 2,582.06 FEET;
1174	3)  NORTH 87°38'44" EAST 2,630.49 FEET;
1175	4)  NORTH 87°41'38" EAST 2,640.92 FEET;
1176	5)  NORTH 87°46'05" EAST 2,645.58 FEET;
1177	6)  NORTH 89°37'45" EAST 2,687.06 FEET;
1178	7)  NORTH 89°39'06" EAST 780.08 FEET;
1179	8)  3,074.23 FEET ALONG THE ARC OF A  NON-
1180	TANGENTIAL CIRCULAR CURVE CONCAVE NORTHWEST HAVING A
1181	RADIUS OF 1,960.26 FEET THROUGH A CENTRAL ANGLE OF
1182	89°51'20" AND BEING SUBTENDED BY A CHORD WHICH BEARS
1183	NORTH 44°42'37" EAST 2,768.73 ;
1184	9)  NORTH 00°27'14" WEST 663.14 FEET TO THE
1185	INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID
1186	CAMP KEIAS ROAD;
1187	THENCE ALONG SAID RIGHT-OF-WAY LINE IN THE FOLLOWING
1188	SEVEN (7) DESCRIBED COURSES:
1189	1)  SOUTH 89°56'24" EAST 266.14 FEET;
1190	2)  722.56 FEET ALONG THE ARC OF A  NON-
1191	TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A
1192	RADIUS OF 460.00 FEET THROUGH A CENTRAL ANGLE OF
1193	89°59'58" AND BEING SUBTENDED BY A CHORD WHICH BEARS
1194	SOUTH 44°56'23" EAST 650.54 FEET;
1195	3)  SOUTH 00°03'36" WEST 600.00 FEET;
1196	4)  529.01 FEET ALONG THE ARC OF A CIRCULAR CURVE
1197	CONCAVE WEST HAVING A RADIUS OF 760.00 FEET THROUGH
1198	CENTRAL ANGLE OF 39°52'53" AND BEING SUBTENDED
1199	by a chord which bears South 20°00'02" West 518.39
1200	feet;
1201	5)  SOUTH 39°56'29" WEST 543.45 FEET;
1202	6)  589.90 FEET ALONG THE ARC OF A CIRCULAR CURVE
1203	CONCAVE EAST HAVING A RADIUS OF 840.00 FEET THROUGH
1204	CENTRAL ANGLE OF 40°14'11" AND BEING SUBTENDED
1205	BY A CHORD WHICH BEARS SOUTH 19°49'24" WEST 577.85
1206	feet;
1207	7)  South 00°17'42" East 60.83 feet TO THE  POINT
1208	OF BEGINNING.
1209
1210	CONTAINING 10805.08 ACRES, MORE OR LESS.
1211	SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
1212	BEARINGS ARE BASED ON THE WEST HALF OF THE SOUTH LINE
1213	OF SECTION 16,
1214	TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY,
1215	FLORIDA  BEING SOUTH
1216	88°54'34" WEST.
1217
1218	(3)  BOARD OF SUPERVISORS; MEMBERS AND MEETINGS;
1219	ORGANIZATION; POWERS; DUTIES; TERMS OF OFFICE; RELATED ELECTON
1220	REQUIREMENTS.--
1221	(a)  The Board of Supervisors of the District shall
1222	exercise the powers granted to the District pursuant to this Act
1223	in order to implement its specialized single purpose.
1224	(b)  There is hereby created the Board of Supervisors of
1225	the Stewardship Community District which shall be the governing
1226	board and body of the District. Except as otherwise provided in
1227	this Act, each member shall hold office for a term of 4 years
1228	and until a successor is chosen and qualifies.  There shall be
1229	five members of the Board of Supervisors who shall, in order to
1230	be eligible, be residents of the state and citizens of the
1231	United States. Three members shall constitute a quorum.
1232	(c)  Within in 45 days after the effective date of this
1233	Act, a noticed special meeting of the landowners of the Ave
1234	Maria Stewardship Community District shall be held for the
1235	purpose of electing the members to the first Board of
1236	Supervisors for the District as provided in this Act.  Notice of
1237	such special meeting of the landowners shall be given by causing
1238	publication thereof, to be made once a week for 2 consecutive
1239	weeks prior to such meeting in a newspaper of general paid
1240	subscription and circulation in Collier County the last day of
1241	such publication not to be fewer than 14 or more than 28 days
1242	before the day of the election. Such special meeting of the
1243	landowners shall be held in a public place in Collier County and
1244	the place, date, and hour of holding such meeting and the
1245	purpose thereof shall be stated expressly in the notice. The
1246	landowners when assembled shall organize by electing a Chair,
1247	who shall preside at the meeting of the landowners, and a
1248	Secretary, who shall record the proceedings. At such meeting,
1249	for the election of each person to be elected, each and every
1250	acre of land, or any fraction thereof, within the boundary of
1251	the District shall represent one vote and each owner of that
1252	acre or fraction thereof shall be entitled to one vote for every
1253	such acre or fraction thereof. Persons who qualify to serve as
1254	board members shall be nominated at the noticed meeting prior to
1255	the initial election at the noticed meeting. A landowner may
1256	vote in person or by proxy in writing. A landowner who sells
1257	land to a bona fide purchaser may by written lawful instrument
1258	retain the voting rights for that acreage.
1259	(d)  At the landowners meeting for the election of the
1260	members of the Board of Supervisors on a one-acre, one-vote
1261	basis, the two candidates receiving the highest number of votes
1262	shall be elected for a term expiring November 30, 2006, and the
1263	three candidates receiving the next largest number of votes
1264	shall be elected for a term expiring November 30, 2008. The
1265	members of the first board elected by the landowners shall serve
1266	their 4-year or 2-year term; however, the next election by the
1267	landowners shall be held on the first Tuesday in November.
1268	Thereafter, there shall be an election of supervisors for the
1269	District every 2 years in November on a date established by the
1270	board and noticed pursuant to paragraph (c). The two candidates
1271	receiving the highest number of votes shall be elected to serve
1272	for a 4-year period and the remaining candidates shall serve for
1273	a 2-year period.
1274	(e)  The landowners present at the meeting shall constitute
1275	a quorum.
1276	(f)  All vacancies or expirations on the Board of
1277	Supervisors shall be filled as provided by this Act.
1278	(g)  In case of a vacancy in the office of any member of
1279	the Board of Supervisors, the remaining members of the Board of
1280	Supervisors shall by majority vote appoint a person to serve as
1281	a member of the Board of Supervisors for the unexpired portion
1282	of the term.
1283	(h)  If the board proposes to exercise its limited ad
1284	valorem taxing power as provided in the charter, the provisions
1285	of paragraph (14)(a) shall apply.
1286	(4)  ELECTION; POPULAR ELECTIONS, REFERENDUM AND
1287	DESIGNATION OF URBAN AREAS.--
1288	(a)  Elections of the members of the board shall be
1289	conducted on a one-acre, one-vote basis as provided in paragraph
1290	(3)(c), until and unless the provisions of paragraph (4)(b)
1291	apply.  When and as applicable and required, the appropriate
1292	provisions of section 189.405, Florida Statutes, as amended from
1293	time to time, apply.
1294	(b)  A referendum shall be called by the Board of
1295	Supervisors of the District, each member elected on a one-acre,
1296	one-vote basis, on the question of whether certain members of
1297	the board should be elected by qualified electors, providing
1298	each of the following conditions has been satisfied at least 60
1299	days prior to the general or special election at which the
1300	referendum is to be held:
1301	1.  That the District has at least 500 qualified electors,
1302	based on the most recent state population estimate.
1303	2.  A petition signed by 10 percent of the qualified
1304	electors of the District shall have been filed with the Board of
1305	Supervisors of the District.  The petition shall be submitted to
1306	the Supervisor of Elections of Collier County who shall, within
1307	30 days after receipt of the petition, certify to the board the
1308	percentage of signatures of qualified electors contained on the
1309	petition.
1310	3.  Upon verification by the Supervisor of Elections that
1311	10 percent of the qualified electors of the District have
1312	petitioned the Board of Supervisors, the next regularly
1313	scheduled election of governing board members shall occur at
1314	least 60 days after verification of the petition.
1315	4.  If the qualified electors approve the election
1316	procedure described in this section, the governing board of the
1317	District shall remain five members and elections shall be held
1318	pursuant to the criteria described in this section, beginning
1319	with the next regularly scheduled election of governing board
1320	members or at a special election called within 6 months
1321	following the referendum and final unappealed approval of
1322	District urban area maps as provided in this section, whichever
1323	is earlier.
1324	5.  If the qualified electors of the District disapprove
1325	the election procedure described in this section, elections of
1326	the members of the Board of Supervisors shall continue as
1327	described in this Act on a one-acre, one-vote basis.  No further
1328	referendum on the question shall be held for a minimum period of
1329	2 years following the referendum.
1330	6.  Within 30 days after approval of the election process
1331	described in this section by qualified electors of the District,
1332	the Board of Supervisors shall direct the District staff to
1333	prepare and to present maps of the District describing the
1334	extent and location of all urban areas within the District, such
1335	determination shall be based upon the criteria contained in the
1336	definition of urban area, in this Act.
1337	7.  Within 60 days after approval of the election process
1338	described in this subsection by qualified electors of the
1339	District, the maps describing urban areas within the District
1340	shall be presented to the Board of Supervisors.
1341	8.  Any District landowner or elector may contest the
1342	accuracy of the urban area maps prepared by the staff of the
1343	District within 30 days after submission to the Board of
1344	Supervisors.  Upon notice of objection to the maps, the
1345	governing board shall request the county engineer to prepare and
1346	present maps of the District describing the extent and location
1347	of all urban areas within the District. Such determination shall
1348	be based limitedly and exclusively upon the criteria contained
1349	in the definition in this Act of urban area. Within 30 days
1350	after the governing board requests, the county engineer shall
1351	present the maps to the governing board.
1352	9.  Upon presentation of the maps by the county engineer,
1353	the governing board shall compare the maps submitted by both the
1354	District staff and the county engineer and make a determination
1355	as to which set of maps to adopt. Within 60 days after
1356	presentation of all such maps, the governing board may amend and
1357	shall adopt the official maps at a regularly scheduled board
1358	meeting.
1359	10.  Any District landowner or qualified elector may
1360	contest the accuracy of the urban area maps adopted by the board
1361	after adoption in accordance with the provision for judicial
1362	review as provided in Florida Administrative Procedure Act.
1363	Accuracy shall be determined pursuant to the definition of urban
1364	area as contained in this Act.
1365	11.  Upon adoption by the Board of Supervisors or
1366	certification by the court, the District urban area maps shall
1367	serve as the official maps for determination of the extent of
1368	the urban area within the District and the number of members of
1369	the Board of Supervisors to be elected by qualified electors and
1370	by the one-acre, one-vote principle at the next regularly
1371	scheduled election of governing board members.
1372	12.  Upon a determination of the percentage of urban area
1373	within the District as compared with total area within the
1374	District, the governing board shall determine the number of
1375	electors in accordance with the percentages pursuant to this
1376	paragraph. The landowners' meeting date shall be designated by
1377	the Board of Supervisors.
1378	13.  The map shall be updated and readopted every 5 years
1379	or sooner at the discretion of the Board of Supervisors.
1380	(c)  Governing board.--
1381	1.  The composition of the governing board shall be as
1382	follows:
1383	a.  The five members of the governing board of the District
1384	shall be elected in accordance with the following determinations
1385	of urban area:
1386	(I)  If urban areas constitute 25 percent or less of the
1387	District, one governing board member shall be elected by the
1388	qualified electors and four governing board members shall be
1389	elected in accordance with the one-acre, one-vote principle
1390	contained in subsection (3) or the district's enabling
1391	legislation.
1392	(II)  If urban areas constitute more than 25 percent but
1393	less than 50 percent of the District, two governing board
1394	members shall be elected by the qualified electors and three
1395	governing board members shall be elected in accordance with the
1396	one-acre, one-vote principle contained in subsection (3) or the
1397	district's enabling legislation.
1398	(III)  If urban areas constitute at least 50 percent but
1399	less than 70 percent of the District, three governing board
1400	members shall be elected by the qualified electors and two
1401	governing board members shall be elected in accordance with the
1402	one-acre/one-vote principle contained in subsection (3) or the
1403	district's enabling legislation.
1404	(IV)  If urban areas constitute at least 70 percent but
1405	less than 90 percent of the District, four governing board
1406	members shall be elected by the qualified electors and one
1407	governing board member shall be elected in accordance with the
1408	one-acre, one-vote principle contained in subsection (3) or the
1409	district's enabling legislation.
1410	(V)  If urban areas constitute at least 90 percent or more
1411	of the District, all governing board members shall be elected by
1412	the qualified electors.
1413	b.  All members of the Board of Supervisors, regardless of
1414	how elected, shall be public officers, shall be known as
1415	Supervisors, and, upon entering into office, shall take and
1416	subscribe to the oath of office as prescribed by section 876.05,
1417	Florida Statutes, as amended from time to time. All members of
1418	the Board of Supervisors, regardless of how elected, and
1419	regardless of whether they are qualified electors themselves or
1420	not, shall be public officials and subject to ethics and
1421	conflict of interest laws of the state that apply to all public
1422	officers. They shall hold office for the terms for which they
1423	were elected and until their successors are chosen and
1424	qualified.
1425	c.  Any elected member of the Board of Supervisors may be
1426	removed by the Governor for malfeasance, misfeasance,
1427	dishonesty, incompetency, or failure to perform the duties
1428	imposed upon him or her by this Act, and any vacancies that may
1429	occur in such office shall be filled by the Governor, as soon as
1430	practicable, unless filled by the board as provided in this Act.
1431	d.  All governing board members elected by qualified
1432	electors shall be qualified electors elected at large.
1433	Candidates seeking election as qualified electors shall conduct
1434	their campaigns in accordance with the provisions of chapter
1435	106, Florida Statutes, as amended from time to time, and shall
1436	file petitions as required in section 99.021, Florida Statutes,
1437	as amended from time to time, and take the oath therein
1438	prescribed.
1439	e.  All governing board members elected by qualified
1440	electors shall have a term of 4 years except for governing board
1441	members elected at the first election and the first landowners'
1442	meeting following the referendum prescribed in paragraph (b).
1443	Governing board members elected at the first election and the
1444	first landowners' meeting following the referendum shall serve
1445	as follows:
1446	(I)  If one governing board member is elected by the
1447	qualified electors and four are elected on a one-acre, one-vote
1448	basis, the governing board member elected by the qualified
1449	electors shall be elected for a period of 4 years.  Governing
1450	board members elected on a one-acre, one-vote basis shall be
1451	elected for a specified period of years, as prescribed by
1452	subsection (3).
1453	(II)  If two governing board members are elected by the
1454	qualified electors and three are elected on a one-acre, one-vote
1455	basis, the governing board members elected by the qualified
1456	electors shall be elected for a period of 4 years.  Governing
1457	board members elected on a one-acre, one-vote basis shall be
1458	elected for periods of 1, 2, and 3 years, respectively, as
1459	prescribed by subsection (3).
1460	(III)  If three governing board members are elected by the
1461	qualified electors and two are elected on a one-acre, one-vote
1462	basis, two of the governing board members elected by the
1463	qualified electors shall be elected for a term of 4 years and
1464	the other governing board member elected by the qualified
1465	electors shall be elected for a term of 2 years.  Governing
1466	board members elected on a one-acre, one-vote basis shall be
1467	elected for periods of 1 year and 2 years, respectively, as
1468	prescribed by subsection (3).
1469	(IV)  If four governing board members are elected by the
1470	qualified electors and one is elected on a one-acre/one-vote
1471	basis, two of the governing board members elected by the
1472	qualified electors shall be elected for a term of 2 years and
1473	the other two for a term of 4 years.  The governing board member
1474	elected on a one-acre, one-vote basis shall be elected for a
1475	term of 1 year as prescribed by subsection (3).
1476	(V)  If five governing board members are elected by the
1477	qualified electors, three shall be elected for a term of 4 years
1478	and two for a term of 2 years.
1479	(VI)  If any vacancy occurs in a seat occupied by a
1480	governing board member elected by the qualified electors, the
1481	remaining members of the governing board shall, within 45 days
1482	after the vacancy occurs, appoint a person who would be eligible
1483	to hold the office for the unexpired term.
1484	(VII)  Each and every election, by qualified electors, of
1485	members of the Board of Supervisors pursuant to this Act shall
1486	be conducted in the manner and at a time prescribed by law for
1487	holding general elections or prescribed by the Supervisor of
1488	Elections in and for the Collier County political subdivision.
1489	e.1.  An annual landowners' meeting shall be held pursuant
1490	to subsection (3) and at least one governing board member shall
1491	be elected on a one-acre, one-vote basis pursuant to subsection
1492	(3) for so long as 10 percent or more of the District is not
1493	contained in an urban area.  In the event that all District
1494	governing board members are elected by qualified electors, there
1495	shall be no further landowners' meetings.
1496	2.  At any landowners' meeting called pursuant to this
1497	section, 50 percent of the District acreage shall not be
1498	required to constitute a quorum and each governing board member
1499	shall be elected by a majority of the acreage represented either
1500	by owner or proxy present and voting at said meeting.
1501	3.  All landowners' meetings of districts operating
1502	pursuant to this section shall be set by the board within the
1503	month preceding the month of the election of the governing board
1504	members by the electors.
1505	4.  Vacancies on the board shall be filled pursuant to
1506	subsection (3) and this subsection except as otherwise provided
1507	in this section.
1508	f.  Three of the members of the Board of Supervisors
1509	constitute a quorum for the purpose of conducting its business
1510	and exercising its powers and for all other related purposes.
1511	Action taken by the District Board of Supervisors present shall
1512	be upon a vote of the majority of the members present, unless
1513	general law or rule of the District subsequently promulgated
1514	requires a greater number.
1515	g.  As soon as practicable after each election or
1516	appointment, the board shall organize by electing one of its
1517	members as Chair and by electing a Secretary, who need not be a
1518	member of the board, and such other officers as the board may
1519	deem necessary.
1520	h.  The board shall keep a permanent record book entitled
1521	"Record of Proceedings of Ave Maria Stewardship Community
1522	District," in which shall be recorded minutes of all meetings,
1523	resolutions, proceedings, certificates, bonds given by all
1524	employees, and any and all corporate acts. The record book shall
1525	at reasonable times be opened to inspection in the same manner
1526	as state, county, and municipal records pursuant to chapter 119,
1527	Florida Statutes. The record book shall be kept at the office or
1528	other regular place of business maintained by the Board of
1529	Supervisors within Collier County.
1530	i.  Each supervisor shall be entitled to receive for his or
1531	her services an amount not to exceed $200 per meeting of the
1532	Board of Supervisors, not to exceed $4,800 per year per
1533	supervisor, or an amount established by the electors voting in a
1534	referendum. In addition, each supervisor shall receive travel
1535	and per diem expenses as set forth in section 112.061, Florida
1536	Statutes, as amended from time to time.
1537	j.  All meetings of the board shall be open to the public
1538	and governed by the provisions of chapter 286, Florida Statutes.
1539	2.  The members of the Board of Supervisors of the
1540	District, whether elected on a one-acre, one-vote basis or a
1541	qualified elector basis, shall constitute the members of the
1542	governing board of the District subject to the requirements of
1543	this Act.
1544	(5)  BOARD OF SUPERVISORS; GENERAL DUTIES.--
1545	(a)  The board shall employ and fix the compensation of a
1546	District Manager. The District Manager shall have charge and
1547	supervision of the works of the District and shall be
1548	responsible for preserving and maintaining any improvement or
1549	facility constructed or erected pursuant to the provisions of
1550	this Act, for maintaining and operating the equipment owned by
1551	the District, and for performing such other duties as may be
1552	prescribed by the board. It shall not be a conflict of interest
1553	under chapter 112, Florida Statutes, as amended from time to
1554	time, for a board member, the District Manager, or another
1555	employee of the District to be a stockholder, officer, or
1556	employee of a landowner. The District Manager may hire or
1557	otherwise employ and terminate the employment of such other
1558	persons, including, without limitation, professional,
1559	supervisory, and clerical employees, as may be necessary and
1560	authorized by the board. The compensation and other conditions
1561	of employment of the officers and employees of the District
1562	shall be as provided by the board.
1563	(b)  The board shall designate a person who is a resident
1564	of the state as Treasurer of the District, who shall have charge
1565	of the funds of the District. Such funds shall be disbursed only
1566	upon the order or pursuant to a resolution of the board by
1567	warrant or check countersigned by the Treasurer and by such
1568	other person as may be authorized by the board. The board may
1569	give the Treasurer such other or additional powers and duties as
1570	the board may deem appropriate and may fix his or her
1571	compensation. The board may require the Treasurer to give a bond
1572	in such amount, on such terms, and with such sureties as may be
1573	deemed satisfactory to the board to secure the performance by
1574	the Treasurer of his or her powers and duties. The financial
1575	records of the board shall be audited by an independent
1576	certified public accountant at least once a year.
1577	(c)  The board is authorized to select as a depository for
1578	its funds any qualified public depository as defined in section
1579	280.02, Florida Statutes, as amended from time to time which
1580	meets all the requirements of chapter 280, Florida Statutes, as
1581	amended from time to time, and has been designated by the
1582	Treasurer as a qualified public depository upon such terms and
1583	conditions as to the payment of interest by such depository upon
1584	the funds so deposited as the board may deem just and
1585	reasonable.
1586	(6)  BUDGET; REPORTS AND REVIEWS.--
1587	(a)  The District shall provide financial reports in such
1588	form and such manner as prescribed pursuant to this Act and
1589	chapter 218, Florida Statutes, as amended from time to time.
1590	(b)  On or before July 15 of each year, the District
1591	Manager shall prepare a proposed budget for the ensuing fiscal
1592	year to be submitted to the board for board approval. The
1593	proposed budget shall include at the direction of the board an
1594	estimate of all necessary expenditures of the District for the
1595	ensuing fiscal year and an estimate of income to the District
1596	from the taxes and assessments provided in this Act. The board
1597	shall consider the proposed budget item by item and may either
1598	approve the budget as proposed by the District Manager or modify
1599	the same in part or in whole. The board shall indicate its
1600	approval of the budget by resolution, which resolution shall
1601	provide for a hearing on the budget as approved. Notice of the
1602	hearing on the budget shall be published in a newspaper of
1603	general circulation in the area of the district once a week for
1604	2 consecutive weeks, except that the first publication shall be
1605	not fewer than 15 days prior to the date of the hearing. The
1606	notice shall further contain a designation of the day, time, and
1607	place of the public hearing. At the time and place designated in
1608	the notice, the board shall hear all objections to the budget as
1609	proposed and may make such changes as the board deems necessary.
1610	At the conclusion of the budget hearing, the board shall, by
1611	resolution, adopt the budget as finally approved by the board.
1612	The budget shall be adopted prior to October 1 of each year.
1613	(c)  At least 60 days prior to adoption, the Board of
1614	Supervisors of the District shall submit to the Collier County
1615	Board of County Commissioners, for purposes of disclosure and
1616	information only, the proposed annual budget for the ensuing
1617	fiscal year and the Board of County Commissioners may submit
1618	written comments to the Board of Supervisors solely for the
1619	assistance and information of the Board of Supervisors of the
1620	District in adopting its annual District budget.
1621	(d)  The Board of Supervisors of the District shall submit
1622	annually, to the Board of County Commissioners of Collier
1623	County, its District public facilities report under section
1624	189.415(2), Florida Statutes, as amended from time to time,
1625	addressing specifically short-term and long-term innovative
1626	systems, facilities, and services consistent with the unique
1627	nature of the new university town community in the Eastern
1628	Collier County Stewardship Area Overlay, as to which the Board
1629	of County Commissioners of Collier County shall use and rely on
1630	the District public facilities report in the preparation or
1631	revision of the Collier County Growth Management Plan,
1632	specifically under section 189.415(6), Florida Statutes, as
1633	amended from time to time.
1634	(7)  DISCLOSURE OF PUBLIC FINANCING.--The District shall
1635	take affirmative steps to provide for the full disclosure of
1636	information relating to the public financing and maintenance of
1637	improvements to real property undertaken by the District. Such
1638	information shall be made available to all existing residents
1639	and all prospective residents, of the District. The District
1640	shall furnish each developer of a residential development within
1641	the District with sufficient copies of that information to
1642	provide each prospective initial purchaser of property in that
1643	development with a copy, and any developer of a residential
1644	development within the District, when required by law to provide
1645	a public offering statement, shall include a copy of such
1646	information relating to the public financing and maintenance of
1647	improvements in the public offering statement.  The Division of
1648	Florida Land Sales, Condominiums, and Mobile Homes of the
1649	Department of Business and Professional Regulation shall ensure
1650	that disclosures made by developers pursuant to chapter 498,
1651	Florida Statutes, meet the requirements of section 190.009(1),
1652	Florida Statutes.
1653	(8)  GENERAL POWERS.--The District shall have, and the
1654	board may exercise, the following general powers:
1655	(a)  To sue and be sued in the name of the District; to
1656	adopt and use a seal and authorize the use of a facsimile
1657	thereof; to acquire, by purchase, gift, devise, or otherwise,
1658	and to dispose of real and personal property, or any estate
1659	therein; and to make and execute contracts and other instruments
1660	necessary or convenient to the exercise of its powers.
1661	(b)  To apply for coverage of its employees under the
1662	Florida Retirement System in the same manner as if such
1663	employees were state employees, subject to necessary action by
1664	the District to pay employer contributions into the Florida
1665	Retirement System Trust Fund.
1666	(c)  To contract for the services of consultants to perform
1667	planning, engineering, legal, or other appropriate services of a
1668	professional nature. Such contracts shall be subject to public
1669	bidding or competitive negotiation requirements as set forth in
1670	subsection (21).
1671	(d)  To borrow money and accept gifts; to apply for and use
1672	grants or loans of money or other property from the United
1673	States, the state, a unit of local government, or any person for
1674	any District purposes and enter into agreements required in
1675	connection therewith; and to hold, use, and dispose of such
1676	moneys or property for any District purposes in accordance with
1677	the terms of the gift, grant, loan, or agreement relating
1678	thereto.
1679	(e)  To adopt rules and orders pursuant to the provisions
1680	of chapter 120, Florida Statutes, as amended from time to time,
1681	prescribing the powers, duties, and functions of the officers of
1682	the District; the conduct of the business of the District; the
1683	maintenance of records; and the form of certificates evidencing
1684	tax liens and all other documents and records of the District.
1685	The board may also adopt administrative rules with respect to
1686	any of the projects of the District and define the area to be
1687	included therein. The board may also adopt resolutions which may
1688	be necessary for the conduct of District business.
1689	(f)  To maintain an office at such place or places as the
1690	Board of Supervisors designates in Collier County, and within
1691	the District when facilities are available.
1692	(g)  To hold, control, and acquire by donation, purchase,
1693	or condemnation, or dispose of, any public easements,
1694	dedications to public use, platted reservations for public
1695	purposes, or any reservations for those purposes authorized by
1696	this Act other than public easements conveyed to or accepted by
1697	Collier County and to make use of such easements, dedications,
1698	or reservations for the purposes mandated by this Act.
1699	(h)  To lease as lessor or lessee to or from any person,
1700	firm, corporation, association, or body, public or private, any
1701	projects of the type that the District is authorized to
1702	undertake and facilities or property of any nature for the use
1703	of the District to carry out the purposes mandated by this Act.
1704	(i)  To borrow money and issue bonds, certificates,
1705	warrants, notes, or other evidence of indebtedness as
1706	hereinafter provided; to levy such tax and assessments as may be
1707	authorized; and to charge, collect, and enforce fees and other
1708	user charges subject as applicable to subsections (10)-(13).
1709	(j)  To raise, by user charges or fees authorized by
1710	resolution of the board, amounts of money which are necessary
1711	for the conduct of District activities and services and to
1712	enforce their receipt and collection in the manner prescribed by
1713	resolution not inconsistent with law.
1714	(k)  To exercise within the District, or beyond the
1715	District with prior approval by super majority vote of a
1716	resolution of the governing body of the county if the taking
1717	will occur in an unincorporated area, the right and power of
1718	eminent domain, pursuant to the provisions of chapters 73 and
1719	74, Florida Statutes, as they may be amended from time to time,
1720	over any property within the state, except municipal, county,
1721	state, and federal property, for the uses and purpose of the
1722	District relating solely to water, sewer, District roads, and
1723	water management, specifically including, without limitation,
1724	the power for the taking of easements for the drainage of the
1725	land of one person over and through the land of another.
1726	(l)  To cooperate with, or contract with, other
1727	governmental agencies as may be necessary, convenient,
1728	incidental, or proper in connection with any of the powers,
1729	duties, or purposes authorized by this Act.
1730	(m)  To assess and to impose upon lands in the District ad
1731	valorem taxes as provided and limited by this Act.
1732	(n)  If and when authorized by general law, to determine,
1733	order, levy, impose, collect, and enforce maintenance taxes.
1734	(o)  To determine, order, levy, impose, collect, and
1735	enforce assessments pursuant to this Act, which sets forth a
1736	detailed uniform procedure to implement chapter 170, Florida
1737	Statutes, and, as an alternative, to determine, order, levy,
1738	impose, collect, and enforce assessments under and pursuant to
1739	chapter 170, Florida Statutes, as amended from time to time,
1740	pursuant to authority granted in section 197.3631, Florida
1741	Statutes, as amended from time to time, or pursuant to other
1742	provisions of general law now or hereinafter enacted which
1743	provide or authorize a supplemental means to impose, levy, and
1744	collect special assessments. Such special assessments, in the
1745	discretion of the District, as provided in section 197.3631,
1746	Florida Statutes, as amended from time to time, may be collected
1747	and enforced pursuant to the provisions of sections 197.3632 and
1748	197.3635, Florida Statutes, and chapters 170 and 173, Florida
1749	Statutes, as they may be amended from time to time, or as
1750	provided by this Act.
1751	(p)  To exercise such special powers and other express
1752	powers as may be authorized and granted by this Act in the
1753	charter of the District including powers as provided in any
1754	interlocal agreement entered into pursuant to chapter 163,
1755	Florida Statutes, as amended from time to time, or which shall
1756	be required or permitted to be undertaken by the District
1757	pursuant to any development order or development of regional
1758	impact, including any interlocal service agreement with Collier
1759	County for fair-share capital construction funding for any
1760	certain capital facilities or systems required of the developer
1761	pursuant to any applicable development order or agreement.
1762	(q)  To exercise all of the powers necessary, convenient,
1763	incidental, or proper in connection with any other powers or
1764	duties or the single purpose of the District authorized by this
1765	Act.
1766	(r)  The provisions of this section on general powers shall
1767	be construed liberally in order to carry out effectively the
1768	single specialized purpose of this Act and to secure for the
1769	District its ability to be innovative in and for the Rural Lands
1770	Stewardship Overlay.
1771	(9)  SPECIAL POWERS.--The District shall have the following
1772	special powers to implement its lawful, single, and special
1773	purpose and to provide, pursuant to that purpose, basic systems,
1774	facilities, services, improvements, projects, works, and
1775	infrastructure in and subject to the Stewardship Overlay, each
1776	of which constitutes a lawful public purpose when exercised
1777	pursuant to this charter, subject to, and not inconsistent with,
1778	the regulatory jurisdiction and permitting authority of all
1779	other applicable governmental bodies, agencies, and any special
1780	districts having authority with respect to any area included
1781	therein, and to plan, establish, acquire, construct or
1782	reconstruct, enlarge or extend, equip, operate, finance, fund,
1783	and maintain improvements, systems, facilities, services, works,
1784	projects, and infrastructure. Any or all of the following
1785	special powers are granted by this Act in order to implement the
1786	special requirements of this university new town community
1787	within the Stewardship Overlay and the single special purpose of
1788	the District:
1789	(a)  Water management and control for the lands within the
1790	District and to connect some or any of such facilities with
1791	roads and bridges.  In the event that the board assumes the
1792	responsibility for providing water management and control for
1793	the District which is to be financed by a benefit special
1794	assessments, the board shall adopt plans and assessments
1795	pursuant to law or may proceed to adopt water management and
1796	control plans, assess for benefits, and apportion and levy
1797	special assessments, as follows:
1798	1.  The board shall cause to be made by the District's
1799	engineer, or such other engineer or engineers as the board may
1800	employ for that purpose, complete and comprehensive water
1801	management and control plans for the lands located within the
1802	District that will be improved in any part or in whole by any
1803	system of facilities that may be outlined and adopted, and the
1804	engineer shall make a report in writing to the board with maps
1805	and profiles of said surveys and an estimate of the cost of
1806	carrying out and completing the plans.
1807	2.  Upon the completion of such plans, the board shall hold
1808	a hearing thereon to hear objections thereto, shall give notice
1809	of the time and place fixed for such hearing by publication once
1810	each week for 2 consecutive weeks in a newspaper of general
1811	circulation in the general area of the District, and shall
1812	permit the inspection of the plan at the office of the District
1813	by all persons interested.  All objections to the plan shall be
1814	filed at or before the time fixed in the notice for the hearing
1815	and shall be in writing.
1816	3. After the hearing, the board shall consider the proposed
1817	plan and any objections thereto and may modify, reject, or adopt
1818	the plan or continue the hearing until a day certain for further
1819	consideration of the proposed plan or modifications thereof.
1820	4.  When the board approves a plan, a resolution shall be
1821	adopted and a certified copy thereof shall be filed in the
1822	office of the Secretary and incorporated by him or her into the
1823	records of the District.
1824	5.  The water management and control plan may be altered in
1825	detail from time to time until the appraisal record herein
1826	provided is filed, but not in such manner as to affect
1827	materially the conditions of its adoption.  After the appraisal
1828	record has been filed, no alteration of the plan shall be made,
1829	except as provided by this Act.
1830	6.  Within 20 days after the final adoption of the plan by
1831	the board, the board shall proceed pursuant to section 298.301,
1832	Florida Statutes, as amended from time to time.
1833	(b)  Water supply, sewer, and wastewater management,
1834	reclamation, and reuse, or any combination thereof, and any
1835	irrigation systems, facilities, and services and to construct
1836	and operate connecting intercepting or outlet sewers and sewer
1837	mains and pipes and water mains, conduits, or pipelines in,
1838	along, and under any street, alley, highway, or other public
1839	place or ways, and to dispose of any effluent, residue, or other
1840	byproducts of such system or sewer system.
1841	1.  The District may not purchase or sell a water, sewer,
1842	or wastewater reuse utility that provides service to the public
1843	for compensation, or enter into a wastewater facility
1844	privatization contract for a wastewater facility, until the
1845	governing body of the Stewardship Community District has held a
1846	public hearing on the purchase, sale, or wastewater facility
1847	privatization contract and made a determination that the
1848	purchase, sale, or wastewater facility privatization contract is
1849	in the public interest.
1850	2.  In determining if the purchase, sale, or wastewater
1851	facility privatization contract is in the public interest, the
1852	Stewardship Community District shall consider, at a minimum, the
1853	following:
1854	a.  The most recent available income and expense statement
1855	for the utility;
1856	b.  The most recent available balance sheet for the
1857	utility, listing assets and liabilities and clearly showing the
1858	amount of contributions-in-aid-of-construction and the
1859	accumulated depreciation thereon;
1860	c.  A statement of the existing rate base of the utility
1861	for regulatory purposes;
1862	d.  The physical condition of the utility facilities being
1863	purchased, sold, or subject to a wastewater facility
1864	privatization contract;
1865	e.  The reasonableness of the purchase, sales, or
1866	wastewater facility privatization contract price and terms;
1867	f.  The impacts of the purchase, sale, or wastewater
1868	facility privatization contract on utility customers, both
1869	positive and negative;
1870	g.  Any additional investment required and the ability and
1871	willingness of the purchaser or the private firm under a
1872	wastewater facility privatization contract to make that
1873	investment, whether the purchaser is the District or the entity
1874	purchasing the utility from the District;
1875	h.  In the case of a wastewater facility privatization
1876	contract, the terms and conditions on which the private firm
1877	will provide capital investment and financing or a combination
1878	thereof for contemplated capital replacements, additions,
1879	expansions, and repairs. The District shall give significant
1880	weight to this criteria;
1881	i.  The alternatives to the purchase, sale, or wastewater
1882	facility privatization contract and the potential impact on
1883	utility customers if the purchase, sale, or wastewater facility
1884	privatization contract is not made;
1885	j.  The ability of the purchaser or the private firm under
1886	a wastewater facility privatization contract to provide and
1887	maintain high-quality and cost-effective utility service,
1888	whether the purchaser is the District or the entity purchasing
1889	the utility from the District;
1890	k.  In the case of a wastewater facility privatization
1891	contract, the District shall give significant weight to the
1892	technical expertise and experience of the private firm in
1893	carrying out the obligations specified in the wastewater
1894	facility privatization contract; and
1895	l.  All moneys paid by a private firm to a District
1896	pursuant to a wastewater facility privatization contract shall
1897	be used for the purpose of reducing or offsetting property
1898	taxes, wastewater service rates, or debt reduction or making
1899	infrastructure improvements or capital asset expenditures or
1900	other public purpose; provided, however, nothing herein shall
1901	preclude the District from using all or part of the moneys for
1902	the purpose of the District's qualification for relief from the
1903	repayment of federal grant awards associated with the wastewater
1904	system as may be required by federal law or regulation.
1905
1906	The District shall prepare a statement showing that the
1907	purchase, sale, or wastewater facility privatization contract is
1908	in the public interest, including a summary of the purchaser's
1909	or private firm's experience in water, sewer, or wastewater
1910	reuse utility operation and a showing of financial ability to
1911	provide the service, whether the purchaser or private firm is
1912	the District or the entity purchasing the utility from the
1913	District.
1914	(c)  Bridges or culverts that may be needed across any
1915	drain, ditch, canal, floodway, holding basin, excavation, public
1916	highway, tract, grade, fill, or cut and roadways over levees and
1917	embankments, and to construct any and all of such works and
1918	improvements across, through, or over any public right-of-way,
1919	highway, grade, fill, or cut.
1920	(d)  District roads equal to or exceeding the
1921	specifications of the county in which such District roads are
1922	located, and street lights, including conditions of development
1923	approval which sometimes may be different specifications then
1924	the normal specifications of the county.  This special power
1925	includes construction, improvement, pavement, and maintenance of
1926	roadways and roads necessary and convenient for the exercise of
1927	the powers or duties of the District to:
1928	1. Implement its single purpose;
1929	2. Include as a component thereof roads, parkways, bridges,
1930	landscaping, irrigation, bicycle lanes, and jogging paths,
1931	street lighting, traffic signals, road striping, and all other
1932	customary elements of a modern road system in general or as tied
1933	to the conditions of development approval for the specific Ave
1934	Maria Community Development; and
1935	3. Plan, implement, construct or reconstruct, enlarge or
1936	extend, finance, fund, equip, operate, and maintain parking
1937	facilities that are freestanding or that may be related to any
1938	innovative strategic intermodal system of transportation
1939	pursuant to applicable federal, state, and local law and
1940	ordinance.
1941	(e)  Buses, trolleys, transit shelters, ridesharing
1942	facilities and services, parking improvements, and related
1943	signage.
1944	(f)  Investigation and remediation costs associated with
1945	the cleanup of actual or perceived environmental contamination
1946	within the District under the supervision or direction of a
1947	competent governmental authority unless the covered costs
1948	benefit any person who is a landowner within the District and
1949	who caused or contributed to the contamination.
1950	(g)  Conservation areas, mitigation areas, and wildlife
1951	habitat, including the maintenance of any plant or animal
1952	species, and any related interest in real or personal property.
1953	(h)  Using its general and special powers as set forth in
1954	this Act, any other project within or without the boundaries of
1955	a District when the project is the subject of an agreement
1956	between the District and the Board of County Commissioners of
1957	Collier County or with any applicable other public or private
1958	entity, including a homeowners' association, and is not
1959	inconsistent with the Collier County Comprehensive Plan, the
1960	Growth Management Plan, and the Stewardship Overlay which
1961	implement the single special purpose of the District.
1962	(i)  Parks and facilities for indoor and outdoor
1963	recreational, cultural, and educational uses.
1964	(j)  Fire prevention and control, including fire stations,
1965	water mains and plugs, fire trucks, and other vehicles and
1966	equipment.
1967	(k)  School buildings and related structures, which may be
1968	leased, sold, or donated to the school district, for use in the
1969	educational system when authorized by the district school board.
1970	The Stewardship Community District is granted the special power
1971	to contract with the Collier County School Board and, as
1972	applicable, the Board of County Commissioners of Collier County,
1973	and with the applicable landowner developer of the lands within
1974	the jurisdiction of the District, to assess the school district
1975	educational facilities plan, and to implement a management and
1976	financing plan for timely construction, maintenance, and
1977	acquisition, at the option of the Stewardship Community
1978	District, school facilities, including facilities identified in
1979	the facilities work programs or those proposed by charter
1980	schools.  The Stewardship Community District is granted the
1981	special power to determine, order, levy, impose, collect, or
1982	arrange for the collection and enforcement of assessments, as
1983	defined in and pursuant to this Act for such school facilities.
1984	The Stewardship Community District created under and by this Act
1985	is eligible for the financial enhancements available to
1986	educational facilities benefit districts to provide for
1987	financing the construction and maintenance of educational
1988	facilities pursuant to section 1013.356, Florida Statutes, and,
1989	if and when authorized by general law, to acquire such
1990	educational facilities. This Act, in the place of an educational
1991	facilities benefit district, authorizes the Collier County
1992	School Board to designate the Ave Maria Stewardship Community
1993	District.  The Stewardship Community District is authorized to
1994	enter into an interlocal agreement with the Collier County
1995	School Board and, as applicable, the Board of County
1996	Commissioners of Collier County and applicable private
1997	landowners and developers, and the Ave Maria University in order
1998	to provide for such construction, maintenance, and acquisition
1999	and in order to receive the applicable financial enhancements
2000	provided by section 1013.356, Florida Statutes. The interlocal
2001	agreement shall among other things consider absorption rates,
2002	sales rates, and related data of existing and projected schools,
2003	racial, ethnic, social, and economic balance within the Collier
2004	County School District under applicable state and federal law
2005	and the provision of school attendance zones to allow students
2006	residing within a reasonable distance of the facilities
2007	constructed and financed through the interlocal agreement to
2008	attend such facilities.  It is provided, because these
2009	facilities are funded by assessments and not by taxes of any
2010	type, that the provision of these facilities may be multiuse
2011	and, consistent with the provisions of this Act, shall be first
2012	liens on the property upon a showing of special and peculiar
2013	benefits that flow to the applicable property as a logical
2014	connection from the systems, facilities, and services, resulting
2015	in added use, enhanced enjoyment, decreased insurance premiums,
2016	or enhanced value in marketability so that the Legislature finds
2017	that the provisions of the Florida Constitution for free public
2018	schools are implemented and enhanced.
2019	(l)  Security, including, but not limited to, guardhouses,
2020	fences, and gates, electronic intrusion-detection systems, and
2021	patrol cars, when authorized by proper governmental agencies;
2022	except that the District may not exercise any powers of a law
2023	enforcement agency, but may contract with the appropriate local
2024	general-purpose government agencies for an increased level of
2025	such services within the District boundaries. Notwithstanding
2026	any provision of general law, the District may operate
2027	guardhouses for the limited purpose of providing security for
2028	the residents of the District and which serve a predominate
2029	public, as opposed to private, purpose. Such guardhouses shall
2030	be operated by the District or any other unit of local
2031	government pursuant to procedures designed to serve such
2032	security purposes as set forth in rules adopted by the board,
2033	from time to time, following the procedures set froth in chapter
2034	120, Florida Statutes, as amended from time to time.
2035	(m)  Control and elimination of mosquitoes and other
2036	arthropods of public health importance.
2037	(n)  Waste, waste collection, and disposal.
2038	(o)  To enter into impact fee credit agreements with
2039	Collier County.  Under such agreements, where the District
2040	constructs or makes contributions for public systems,
2041	facilities, services, projects, improvements, works, and
2042	infrastructures for which impact fee credits would be available
2043	to the landowner developer under the Collier County applicable
2044	impact fee ordinance, the agreement authorized by this Act shall
2045	provide such impact fee credit shall inure to the landowners
2046	within the District in proportion to assessments or other
2047	burdens levied and imposed upon the landowners with respect to
2048	assessable improvements giving rise to such impact fee credits,
2049	and the District shall from time to time execute such
2050	instruments, such as assignments of impact fee credits, as may
2051	be necessary, appropriate, or desirable to accomplish or to
2052	confirm the foregoing.
2053	(p)  To establish and create, at noticed meetings, such
2054	government departments of the Board of Supervisors of the
2055	District, as well as committees, task forces, boards, or
2056	commissions, or other agencies under the supervision and control
2057	of the District, as from time to time the members of the Board
2058	of Supervisors may deem necessary or desirable in the
2059	performance of the acts or other things necessary to exercise
2060	its general or special powers to implement an innovative project
2061	to carry out the special purpose of the District as provided in
2062	this Act and to delegate the exercise of its powers to such
2063	departments, boards, task forces, committees, or other agencies
2064	such administrative duties and other powers as the Board of
2065	Supervisors may deem necessary or desirable but only if there is
2066	a set of expressed limitations for accountability, notice, and
2067	periodic written reporting to the Board of Supervisors which
2068	shall retain its powers.
2069	(q)  Consistent with stewardship of the Rural Lands
2070	Stewardship Area Zoning Overlay District and so long as not
2071	inconsistent with the applicable local government comprehensive
2072	plan and development entitlements, the District may coordinate
2073	with the landowner developer and with the university on the
2074	phasing of the delivery of infrastructure and may create phase
2075	entities or units for its charter purpose. Toward this end, and
2076	so long as it implements the purpose of the District under this
2077	Act, the Board of Supervisors may designate units of development
2078	and adopt systems of progressive phased development by units
2079	with related management planning, implementation, construction,
2080	maintenance, and financing within its phased unit. If the Board
2081	of Supervisors proceeds to designate such phased units of
2082	development, it must adopt at a noticed meeting pursuant to
2083	chapter 120, Florida Statutes, as amended from time to time, a
2084	rule setting forth detailed procedures and authorizations for
2085	such phase unit processes. A committee, department, or agency of
2086	the board shall be given express duty of oversight with monthly
2087	written reports to the Board of Supervisors. No such phased
2088	units can begin or operate until or unless the required noticed
2089	rule has been adopted. With regard to any phased unit, there
2090	shall be no bonded indebtedness and no levy of any lienable or
2091	nonlienable revenue, whether to amortize bonds or not, within
2092	the boundary of a phrased unit other than by the Board of
2093	Supervisors and pursuant to the powers, procedures, and
2094	provisions of this Act and other applicable laws.
2095	(r)  To plan, establish, acquire, construct, or
2096	reconstruct, enlarge or extend, equip, operate, maintain,
2097	finance and fund buildings and structures for District offices,
2098	maintenance facilities, meeting facilities, town centers or any
2099	other project authorized or granted by this Act upon a showing
2100	at a noticed meeting of its efficacy to the specialized single
2101	purpose of this District for the new university town community
2102	in the Rural Lands Stewardship Zoning Overlay District.
2103	(s)  To plan, establish, acquire, construct or reconstruct,
2104	enlarge or extend, equip, operate, maintain, finance, and fund
2105	edifices and facilities for the provision of healthcare, and to
2106	include the operation of any one or more of such facilities when
2107	authorized by applicable public or private agencies providing
2108	healthcare and upon a showing of efficacy to carryout the
2109	purpose of the District in the Rural Lands Stewardship Zoning
2110	Overlay District.
2111	(t)  To enter into an agreement with the Ave Maria
2112	University, upon a showing of efficacy in implementing the
2113	single specialized purpose of the District in the Stewardship
2114	Overlay, for the planning, establishment, acquisition,
2115	construction or reconstruction, enlarging or extending,
2116	equipping, operating, maintaining, financing, and funding of any
2117	innovative system, facility, or service constituting a project
2118	as defined in this Act.
2119	(u)  To adopt and enforce appropriate rules following the
2120	procedures of chapter 120, Florida Statutes, in connection with
2121	the provisions of one or more its systems, facilities, services,
2122	projects, improvements, works, and infrastructure.
2123	(v)  The enumeration of special powers herein shall not be
2124	deemed exclusive or restrictive, but shall be deemed to
2125	incorporate all powers express or implied necessary or incident
2126	to carrying out such enumerated special powers, including also
2127	the general powers provided by this special act charter to the
2128	District to implement its single purpose.
2129	(w)  The provisions of this section on special powers shall
2130	be construed liberally in order to carry out effectively the
2131	single purpose of this District under this Act and to secure for
2132	the District its ability to be innovative in and for the Rural
2133	Lands Stewardship Overlay.
2134	(10)  ISSUANCE OF BOND ANTICIPATION NOTES.--In addition to
2135	the other powers provided for in this Act, and not in limitation
2136	thereof, the District shall have the power, at any time, and
2137	from time to time after the issuance of any bonds of the
2138	District shall have been authorized, to borrow money for the
2139	purposes for which such bonds are to be issued in anticipation
2140	of the receipt of the proceeds of the sale of such bonds and to
2141	issue bond anticipation notes in a principal sum not in excess
2142	of the authorized maximum amount of such bond issue. Such notes
2143	shall be in such denomination or denominations, bear interest at
2144	such rate as the board may determine not to exceed the maximum
2145	rate allowed by general law, mature at such time or times not
2146	later than 5 years from the date of issuance, and be in such
2147	form and executed in such manner as the board shall prescribe.
2148	Such notes may be sold at either public or private sale or, if
2149	such notes shall be renewal notes, may be exchanged for notes
2150	then outstanding on such terms as the board shall determine.
2151	Such notes shall be paid from the proceeds of such bonds when
2152	issued. The board may, in its discretion, in lieu of retiring
2153	the notes by means of bonds, retire them by means of current
2154	revenues or from any taxes or assessments levied for the payment
2155	of such bonds, but in such event a like amount of the bonds
2156	authorized shall not be issued.
2157	(11)  SHORT-TERM BORROWING.--The District at any time may
2158	obtain loans, in such amount and on such terms and conditions as
2159	the board may approve, for the purpose of paying any of the
2160	expenses of the District or any costs incurred or that may be
2161	incurred in connection with any of the projects of the District,
2162	which loans shall bear interest as the board determines as not
2163	to exceed the maximum rate allowed by general law, and may be
2164	payable from and secured by a pledge of such funds, revenues,
2165	taxes, and assessments as the board may determine, subject,
2166	however, to the provisions contained in any proceeding under
2167	which bonds were theretofore issued and are then outstanding.
2168	For the purpose of defraying such costs and expenses, the
2169	District may issue negotiable notes, warrants, or other
2170	evidences of debt to be payable at such times, to bear such
2171	interest as the board may determine, not to exceed the maximum
2172	rate allowed by general law, and to be sold or discounted at
2173	such price or prices not less than 95 percent of par value and
2174	on such terms as the board may deem advisable. The board shall
2175	have the right to provide for the payment thereof by pledging
2176	the whole or any part of the funds, revenues, taxes, and
2177	assessments of the District. The approval of the electors
2178	residing in the District shall not be necessary except when
2179	required by the State Constitution.
2180	(12)  BONDS.--
2181	(a)  Sale of bonds.--Bonds may be sold in blocks or
2182	installments at different times, or an entire issue or series
2183	may be sold at one time. Bonds may be sold at public or private
2184	sale after such advertisement, if any, as the board may deem
2185	advisable but not in any event at less than 90 percent of the
2186	par value thereof, together with accrued interest thereon. Bonds
2187	may be sold or exchanged for refunding bonds. Special assessment
2188	and revenue bonds may be delivered by the District as payment of
2189	the purchase price of any project or part thereof, or a
2190	combination of projects or parts thereof, or as the purchase
2191	price or exchange for any property, real, personal, or mixed,
2192	including franchises or services rendered by any contractor,
2193	engineer, or other person, all at one time or in blocks from
2194	time to time, in such manner and upon such terms as the board in
2195	its discretion shall determine. The price or prices for any
2196	bonds sold, exchanged, or delivered may be:
2197	1.  The money paid for the bonds;
2198	2.  The principal amount, plus accrued interest to the date
2199	of redemption or exchange, or outstanding obligations exchanged
2200	for refunding bonds; and
2201	3.  In the case of special assessment or revenue bonds, the
2202	amount of any indebtedness to contractors or other persons paid
2203	with such bonds, or the fair value of any properties exchanged
2204	for the bonds, as determined by the board.
2205	(b)  Authorization and form of bonds.--Any general
2206	obligation bonds, special assessment bonds, or revenue bonds may
2207	be authorized by resolution or resolutions of the board which
2208	shall be adopted by a majority of all the members thereof then
2209	in office. Such resolution or resolutions may be adopted at the
2210	same meeting at which they are introduced and need not be
2211	published or posted. The board may, by resolution, authorize the
2212	issuance of bonds and fix the aggregate amount of bonds to be
2213	issued; the purpose or purposes for which the moneys derived
2214	therefrom shall be expended, including, but not limited to,
2215	payment of costs as defined in section 2 (6)(j); the rate or
2216	rates of interest, not to exceed the maximum rate allowed by
2217	general law; the denomination of the bonds; whether or not the
2218	bonds are to be issued in one or more series; the date or dates
2219	of maturity, which shall not exceed 40 years from their
2220	respective dates of issuance; the medium of payment; the place
2221	or places within or without the state where payment shall be
2222	made; registration privileges; redemption terms and privileges,
2223	whether with or without premium; the manner of execution; the
2224	form of the bonds, including any interest coupons to be attached
2225	thereto; the manner of execution of bonds and coupons; and any
2226	and all other terms, covenants, and conditions thereof and the
2227	establishment of revenue or other funds. Such authorizing
2228	resolution or resolutions may further provide for the contracts
2229	authorized by section 159.825(1)(f) and (g), Florida Statutes,
2230	as amended from time to time, regardless of the tax treatment of
2231	such bonds being authorized, subject to the finding by the board
2232	of a net saving to the District resulting by reason thereof.
2233	Such authorizing resolution may further provide that such bonds
2234	may be executed in accordance with the Registered Public
2235	Obligations Act, except that bonds not issued in registered form
2236	shall be valid if manually countersigned by an officer
2237	designated by appropriate resolution of the board. The seal of
2238	the District may be affixed, lithographed, engraved, or
2239	otherwise reproduced in facsimile on such bonds. In case any
2240	officer whose signature shall appear on any bonds or coupons
2241	shall cease to be such officer before the delivery of such
2242	bonds, such signature or facsimile shall nevertheless be valid
2243	and sufficient for all purposes the same as if he or she had
2244	remained in office until such delivery.
2245	(c)  Interim certificates; replacement
2246	certificates.--Pending the preparation of definitive bonds, the
2247	board may issue interim certificates or receipts or temporary
2248	bonds, in such form and with such provisions as the board may
2249	determine, exchangeable for definitive bonds when such bonds
2250	have been executed and are available for delivery. The board may
2251	also provide for the replacement of any bonds which become
2252	mutilated, lost, or destroyed.
2253	(d)  Negotiability of bonds.--Any bond issued under this
2254	Act or any temporary bond, in the absence of an express recital
2255	on the face thereof that it is nonnegotiable, shall be fully
2256	negotiable and shall be and constitute a negotiable instrument
2257	within the meaning and for all purposes of the law merchant and
2258	the laws of the state.
2259	(e)  Defeasance.--The board may make such provision with
2260	respect to the defeasance of the right, title, and interest of
2261	the holders of any of the bonds and obligations of the District
2262	in any revenues, funds, or other properties by which such bonds
2263	are secured as the board deems appropriate and, without
2264	limitation on the foregoing, may provide that when such bonds or
2265	obligations become due and payable or shall have been called for
2266	redemption and the whole amount of the principal and interest
2267	and premium, if any, due and payable upon the bonds or
2268	obligations then outstanding shall be held in trust for such
2269	purpose and provision shall also be made for paying all other
2270	sums payable in connection with such bonds or other obligations,
2271	then and in such event the right, title, and interest of the
2272	holders of the bonds in any revenues, funds, or other properties
2273	by which such bonds are secured shall thereupon cease,
2274	terminate, and become void; and the board may apply any surplus
2275	in any sinking fund established in connection with such bonds or
2276	obligations and all balances remaining in all other funds or
2277	accounts other than moneys held for the redemption or payment of
2278	the bonds or other obligations to any lawful purpose of the
2279	District as the board shall determine.
2280	(f)  Issuance of additional bonds.--If the proceeds of any
2281	bonds are less than the cost of completing the project in
2282	connection with which such bonds were issued, the board may
2283	authorize the issuance of additional bonds, upon such terms and
2284	conditions as the board may provide in the resolution
2285	authorizing the issuance thereof, but only in compliance with
2286	the resolution or other proceedings authorizing the issuance of
2287	the original bonds.
2288	(g)  Refunding bonds.--The District shall have the power to
2289	issue bonds to provide for the retirement or refunding of any
2290	bonds or obligations of the District that at the time of such
2291	issuance are or subsequent thereto become due and payable, or
2292	that at the time of issuance have been called or are or will be
2293	subject to call for redemption within 10 years thereafter, or
2294	the surrender of which can be procured from the holders thereof
2295	at prices satisfactory to the board. Refunding bonds may be
2296	issued at any time when in the judgment of the board such
2297	issuance will be advantageous to the District. No approval of
2298	the qualified electors residing in the District shall be
2299	required for the issuance of refunding bonds except in cases in
2300	which such approval is required by the State Constitution. The
2301	board may by resolution confer upon the holders of such
2302	refunding bonds all rights, powers, and remedies to which the
2303	holders would be entitled if they continued to be the owners and
2304	had possession of the bonds for the refinancing of which such
2305	refunding bonds are issued, including, but not limited to, the
2306	preservation of the lien of such bonds on the revenues of any
2307	project or on pledged funds, without extinguishment, impairment,
2308	or diminution thereof. The provisions of this Act pertaining to
2309	bonds of the District shall, unless the context otherwise
2310	requires, govern the issuance of refunding bonds, the form and
2311	other details thereof, the rights of the holders thereof, and
2312	the duties of the board with respect to them.
2313	(h)  Revenue bonds.--
2314	1.  The District shall have the power to issue revenue
2315	bonds from time to time without limitation as to amount. Such
2316	revenue bonds may be secured by, or payable from, the gross or
2317	net pledge of the revenues to be derived from any project or
2318	combination of projects; from the rates, fees, or other charges
2319	to be collected from the users of any project or projects; from
2320	any revenue-producing undertaking or activity of the District;
2321	from special assessments; or from benefit special assessments;
2322	or from any other source or pledged security. Such bonds shall
2323	not constitute an indebtedness of the District, and the approval
2324	of the qualified electors shall not be required unless such
2325	bonds are additionally secured by the full faith and credit and
2326	taxing power of the District.
2327	2.  Any two or more projects may be combined and
2328	consolidated into a single project and may hereafter be operated
2329	and maintained as a single project. The revenue bonds authorized
2330	herein may be issued to finance any one or more of such
2331	projects, regardless of whether or not such projects have been
2332	combined and consolidated into a single project. If the board
2333	deems it advisable, the proceedings authorizing such revenue
2334	bonds may provide that the District may thereafter combine the
2335	projects then being financed or theretofore financed with other
2336	projects to be subsequently financed by the District and that
2337	revenue bonds to be thereafter issued by the District shall be
2338	on parity with the revenue bonds then being issued, all on such
2339	terms, conditions, and limitations as shall have been provided
2340	in the proceeding which authorized the original bonds.
2341	(i)  General obligation bonds.--
2342	1.  Subject to the limitations of this charter, the
2343	District shall have the power from time to time to issue general
2344	obligation bonds to finance or refinance capital projects or to
2345	refund outstanding bonds in an aggregate principal amount of
2346	bonds outstanding at any one time not in excess of 35 percent of
2347	the assessed value of the taxable property within the District
2348	as shown on the pertinent tax records at the time of the
2349	authorization of the general obligation bonds for which the full
2350	faith and credit of the District is pledged. Except for
2351	refunding bonds, no general obligation bonds shall be issued
2352	unless the bonds are issued to finance or refinance a capital
2353	project and the issuance has been approved at an election held
2354	in accordance with the requirements for such election as
2355	prescribed by the State Constitution. Such elections shall be
2356	called to be held in the District by the board of county
2357	commissioners of the county upon the request of the board of the
2358	District. The expenses of calling and holding an election shall
2359	be at the expense of the District, and the District shall
2360	reimburse the county for any expenses incurred in calling or
2361	holding such election.
2362	2.  The District may pledge its full faith and credit for
2363	the payment of the principal and interest on such general
2364	obligation bonds and for any reserve funds provided therefore
2365	and may unconditionally and irrevocably pledge itself to levy ad
2366	valorem taxes on all taxable property in the District, to the
2367	extent necessary for the payment thereof, without limitations as
2368	to rate or amount.
2369	3.  If the board determines to issue general obligation
2370	bonds for more than one capital project, the approval of the
2371	issuance of the bonds for each and all such projects may be
2372	submitted to the electors on one and the same ballot. The
2373	failure of the electors to approve the issuance of bonds for any
2374	one or more capital projects shall not defeat the approval of
2375	bonds for any capital project which has been approved by the
2376	electors.
2377	4.  In arriving at the amount of general obligation bonds
2378	permitted to be outstanding at any one time pursuant to
2379	subparagraph 1., there shall not be included any general
2380	obligation bonds which are additionally secured by the pledge
2381	of:
2382	a.  Any assessments levied in an amount sufficient to pay
2383	the principal and interest on the general obligation bonds so
2384	additionally secured, which assessments have been equalized and
2385	confirmed by resolution of the board pursuant to this Act or
2386	section 170.08, Florida Statutes.
2387	b.  Water revenues, sewer revenues, or water and sewer
2388	revenues of the District to be derived from user fees in an
2389	amount sufficient to pay the principal and interest on the
2390	general obligation bonds so additionally secured.
2391	c.  Any combination of assessments and revenues described
2392	in sub-subparagraphs a. and b.
2393	(j)  Bonds as legal investment or security.--
2394	1.  Notwithstanding any provisions of any other law to the
2395	contrary, all bonds issued under the provisions of this Act
2396	shall constitute legal investments for savings banks, banks,
2397	trust companies, insurance companies, executors, administrators,
2398	trustees, guardians, and other fiduciaries and for any board,
2399	body, agency, instrumentality, county, municipality, or other
2400	political subdivision of the state and shall be and constitute
2401	security which may be deposited by banks or trust companies as
2402	security for deposits of state, county, municipal, or other
2403	public funds or by insurance companies as required or voluntary
2404	statutory deposits.
2405	2.  Any bonds issued by the District shall be incontestable
2406	in the hands of bona fide purchasers or holders for value and
2407	shall not be invalid because of any irregularity or defect in
2408	the proceedings for the issue and sale thereof.
2409	(k)  Covenants.--Any resolution authorizing the issuance of
2410	bonds may contain such covenants as the board may deem
2411	advisable, and all such covenants shall constitute valid and
2412	legally binding and enforceable contracts between the District
2413	and the bondholders, regardless of the time of issuance thereof.
2414	Such covenants may include, without limitation, covenants
2415	concerning the disposition of the bond proceeds; the use and
2416	disposition of project revenues; the pledging of revenues,
2417	taxes, and assessments; the obligations of the District with
2418	respect to the operation of the project and the maintenance of
2419	adequate project revenues; the issuance of additional bonds; the
2420	appointment, powers, and duties of trustees and receivers; the
2421	acquisition of outstanding bonds and obligations; restrictions
2422	on the establishing of competing projects or facilities;
2423	restrictions on the sale or disposal of the assets and property
2424	of the District; the priority of assessment liens; the priority
2425	of claims by bondholders on the taxing power of the District;
2426	the maintenance of deposits to ensure the payment of revenues by
2427	users of District facilities and services; the discontinuance of
2428	District services by reason of delinquent payments; acceleration
2429	upon default; the execution of necessary instruments; the
2430	procedure for amending or abrogating covenants with the
2431	bondholders; and such other covenants as may be deemed necessary
2432	or desirable for the security of the bondholders.
2433	(l)  Validation proceedings.--The power of the District to
2434	issue bonds under the provisions of this Act may be determined,
2435	and any of the bonds of the District maturing over a period of
2436	more than 5 years shall be validated and confirmed, by court
2437	decree, under the provisions of chapter 75, Florida Statutes,
2438	and laws amendatory thereof or supplementary thereto.
2439	(m)  Tax exemption.--To the extent allowed by general law,
2440	all bonds issued hereunder and interest paid thereon and all
2441	fees, charges, and other revenues derived by the District from
2442	the projects provided by this Act are exempt from all taxes by
2443	the state or by any political subdivision, agency, or
2444	instrumentality thereof; however, any interest, income, or
2445	profits on debt obligations issued hereunder are not exempt from
2446	the tax imposed by chapter 220, Florida Statutes. Further, the
2447	District is not exempt from the provisions of chapter 212,
2448	Florida Statutes.
2449	(n)  Application of section 189.4085, Florida
2450	Statutes.--Bonds issued by the District shall meet on the
2451	criteria set forth in section 189.4085, Florida Statutes, as
2452	amended from time to time.
2453	(o)  Act furnishes full authority for issuance of
2454	bonds.--This Act constitutes full and complete authority for the
2455	issuance of bonds and the exercise of the powers of the District
2456	provided herein. No procedures or proceedings, publications,
2457	notices, consents, approvals, orders, acts, or things by the
2458	board, or any board, officer, commission, department, agency, or
2459	instrumentality of the District, other than those required by
2460	this Act, shall be required to perform anything under this Act,
2461	except that the issuance or sale of bonds pursuant to the
2462	provisions of this Act shall comply with the general law
2463	requirements applicable to the issuance or sale of bonds by the
2464	District. Nothing in this Act shall be construed to authorize
2465	the District to utilize bond proceeds to fund the ongoing
2466	operations of the District.
2467	(p)  Pledge by the state to the bondholders of the
2468	District.--The state pledges to the holders of any bonds issued
2469	under this Act that it will not limit or alter the rights of the
2470	District to own, acquire, construct, reconstruct, improve,
2471	maintain, operate, or furnish the projects or to levy and
2472	collect the taxes, assessments, rentals, rates, fees, and other
2473	charges provided for herein and to fulfill the terms of any
2474	agreement made with the holders of such bonds or other
2475	obligations and that it will not in any way impair the rights or
2476	remedies of such holders.
2477	(q)  Default.--A default on the bonds or obligations of a
2478	District shall not constitute a debt or obligation of the state
2479	or any general purpose local government or the state.
2480	(13)  TRUST AGREEMENTS.--Any issue of bonds shall be
2481	secured by a trust agreement by and between the District and a
2482	corporate trustee or trustees, which may be any trust company or
2483	bank having the powers of a trust company within or without the
2484	state. The resolution authorizing the issuance of the bonds or
2485	such trust agreement may pledge the revenues to be received from
2486	any projects of the District and may contain such provisions for
2487	protecting and enforcing the rights and remedies of the
2488	bondholders as the board may approve, including, without
2489	limitation, covenants setting forth the duties of the District
2490	in relation to: the acquisition, construction, reconstruction,
2491	improvement, maintenance, repair, operation, and insurance of
2492	any projects; the fixing and revising of the rates, fees, and
2493	charges; and the custody, safeguarding, and application of all
2494	moneys and for the employment of consulting engineers in
2495	connection with such acquisition, construction, reconstruction,
2496	improvement, maintenance, repair, or operation. It shall be
2497	lawful for any bank or trust company within or without the state
2498	which may act as a depository of the proceeds of bonds or of
2499	revenues to furnish such indemnifying bonds or to pledge such
2500	securities as may be required by the District. Such resolution
2501	or trust agreement may set forth the rights and remedies of the
2502	bondholders and of the trustee, if any, and may restrict the
2503	individual right of action by bondholders. The board may provide
2504	for the payment of proceeds of the sale of the bonds and the
2505	revenues of any project to such officer, board, or depository as
2506	it may designate for the custody thereof and may provide for the
2507	method of disbursement thereof with such safeguards and
2508	restrictions as it may determine. All expenses incurred in
2509	carrying out the provisions of such resolution or trust
2510	agreement may be treated as part of the cost of operation of the
2511	project to which such trust agreement pertains.
2512	(14)  AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL
2513	ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL
2514	ASSESSMENTS; MAINTENANCE TAXES.--
2515	(a)  Ad valorem taxes.--An elected board shall have the
2516	power to levy and assess an ad valorem tax on all the taxable
2517	property in the District to construct, operate, and maintain
2518	assessable improvements; to pay the principal of, and interest
2519	on, any general obligation bonds of the District; and to provide
2520	for any sinking or other funds established in connection with
2521	any such bonds. An ad valorem tax levied by the board for
2522	operating purposes, exclusive of debt service on bonds, shall
2523	not exceed 3 mills. The ad valorem tax provided for herein shall
2524	be in addition to county and all other ad valorem taxes provided
2525	for by law. Such tax shall be assessed, levied, and collected in
2526	the same manner and same time as county taxes. The levy of ad
2527	valorem taxes shall be approved by referendum when required by
2528	the State Constitution.
2529	(b)  Benefit special assessments.--The board annually shall
2530	determine, order, and levy the annual installment of the total
2531	benefit special assessments for bonds issued and related
2532	expenses to finance assessable improvements. These assessments
2533	may be due and collected during each year that county taxes are
2534	due and collected, in which case such annual installment and
2535	levy shall be evidenced to and certified to the property
2536	appraiser by the board not later than August 31 of each year.
2537	Such assessment shall be entered by the property appraiser on
2538	the county tax rolls and shall be collected and enforced by the
2539	tax collector in the same manner and at the same time as county
2540	taxes, and the proceeds thereof shall be paid to the District.
2541	However, this subsection shall not prohibit the District in its
2542	discretion from using the method prescribed in either section
2543	197.3632 or chapter 173, Florida Statutes, as each may be
2544	amended from time to time, for collecting and enforcing these
2545	assessments. Each annual installment of benefit special
2546	assessments shall be a lien on the property against which
2547	assessed until paid and shall be enforceable in like manner as
2548	county taxes. The amount of the assessment for the exercise of
2549	the District's powers under subsections (8) and (9) shall be
2550	determined by the board based upon a report of the District's
2551	engineer and assessed by the board upon such lands, which may be
2552	part or all of the lands within the District benefited by the
2553	improvement, apportioned between benefited lands in proportion
2554	to the benefits received by each tract of land. The board may,
2555	if it determines it is in the best interests of the District,
2556	set forth in the proceedings initially levying such benefit
2557	special assessments or in subsequent proceedings a formula for
2558	the determination of an amount, which when paid by a taxpayer
2559	with respect to any tax parcel, shall constitute a prepayment of
2560	all future annual installments of such benefit special
2561	assessments and that the payment of which amount with respect to
2562	such tax parcel shall relieve and discharge such tax parcel of
2563	the lien of such benefit special assessments and any subsequent
2564	annual installment thereof. The board may provide further that
2565	upon delinquency in the payment of any annual installment of
2566	benefit special assessments, the prepayment amount of all future
2567	annual installments of benefit special assessments as determined
2568	in the preceding sentence shall be and become immediately due
2569	and payable together with such delinquent annual installment.
2570	(c)  Non-ad valorem maintenance taxes.--If and when
2571	authorized by general law, to maintain and to preserve the
2572	physical facilities and services constituting the works,
2573	improvements, or infrastructure provided by the District
2574	pursuant to this Act, to repair and restore any one or more of
2575	them, when needed, and to defray the current expenses of the
2576	District, including any sum which may be required to pay state
2577	and county ad valorem taxes on any lands which may have been
2578	purchased and which are held by the District under the
2579	provisions of this Act, the Board of Supervisors may, upon the
2580	completion of said systems, facilities, services, works,
2581	improvements, or infrastructure, in whole or in part, as may be
2582	certified to the board by the engineer of the board, levy
2583	annually a non-ad valorem and non-millage tax upon each tract or
2584	parcel of land within the District, to be known as a
2585	"maintenance tax." This non-ad valorem maintenance tax shall be
2586	apportioned upon the basis of the net assessments of benefits
2587	assessed as accruing from the original construction and shall be
2588	evidence to, and certified by, the Board of Supervisors of the
2589	District not later than June 1 of each year to the property
2590	appraiser of Collier County and shall be extended by the
2591	property appraiser on the tax roll of the property appraiser, as
2592	certified by the property appraiser to the tax collector, and
2593	collected by the tax collector on the merged collection roll of
2594	the tax collector in the same manner and time as county ad
2595	valorem taxes, and the proceeds therefrom shall be paid to the
2596	District. This non-ad valorem maintenance tax shall be a lien
2597	until paid on the property against which assessed and
2598	enforceable in like manner and of the same dignity as county ad
2599	valorem taxes.
2600	(d)  Maintenance special assessments.--To maintain and
2601	preserve the facilities and projects of the District, the board
2602	may levy a maintenance special assessment. This assessment may
2603	be evidenced to and certified to the property appraiser by the
2604	Board of Supervisors not later than August 31 of each year and
2605	shall be entered by the property appraiser on the county tax
2606	rolls and shall be collected and enforced by the tax collector
2607	in the same manner and at the same time as county taxes, and the
2608	proceeds therefrom shall be paid to the District. However, this
2609	subsection shall not prohibit the District in its discretion
2610	from using the method prescribed in either section 197.363.,
2611	section 197.3631, or section 197.3632, Florida Statutes, as any
2612	one or more may be amended from time to time, for collecting and
2613	enforcing these assessments. These maintenance special
2614	assessments shall be a lien on the property against which
2615	assessed until paid and shall be enforceable in like manner as
2616	county taxes. The amount of the maintenance special assessment
2617	for the exercise of the District's powers under this section
2618	shall be determined by the board based upon a report of the
2619	District's engineer and assessed by the board upon such lands,
2620	which may be all of the lands within the District benefited by
2621	the maintenance thereof, apportioned between the benefited lands
2622	in proportion to the benefits received by each tract of land.
2623	(e)  Special assessments.--To levy and impose any special
2624	assessments pursuant to subsection (15).
2625	(f)  Enforcement of taxes.--The collection and enforcement
2626	of all taxes levied by the District shall be at the same time
2627	and in like manner as county taxes, and the provisions of the
2628	Florida Statutes relating to the sale of lands for unpaid and
2629	delinquent county taxes; the issuance, sale, and delivery of tax
2630	certificates for such unpaid and delinquent county taxes; the
2631	redemption thereof; the issuance to individuals of tax deeds
2632	based thereon; and all other procedures in connection therewith
2633	shall be applicable to the District to the same extent as if
2634	such statutory provisions were expressly set forth herein. All
2635	taxes shall be subject to the same discounts as county taxes.
2636	(g)  When unpaid tax is delinquent; penalty.--All taxes
2637	provided for in this Act shall become delinquent and bear
2638	penalties on the amount of such taxes in the same manner as
2639	county taxes.
2640	(h)  Status of assessments.--Benefit special assessments,
2641	maintenance special assessments, and special assessments are
2642	hereby found and determined to be non-ad valorem assessments as
2643	defined by section 197.3632, Florida Statutes. Maintenance taxes
2644	are non-ad valorem taxes and are not special assessments.
2645	(i)  Assessments constitute liens; collection.--Any and all
2646	assessments including special assessments, benefit special
2647	assessments and maintenance special assessments authorized by
2648	this section, and including special assessments as defined by
2649	section 2(6)(aa) and granted and authorized by this subsection,
2650	and including maintenance taxes if authorized by general law,
2651	shall constitute a lien on the property against which assessed
2652	from the date of levy and imposition thereof until paid, coequal
2653	with the lien of state, county, municipal, and school board
2654	taxes. These assessments may be collected, at the District's
2655	discretion, under authority of section 197.3631, Florida
2656	Statutes, as amended from time to time, by the tax collector
2657	pursuant to the provisions of sections 197.3632 and 197.3635,
2658	Florida Statutes, as amended from time to time, or in accordance
2659	with other collection measures provided by law.  In addition to,
2660	and not in limitation of any powers otherwise set forth herein
2661	or in general law, these assessments may also be enforced
2662	pursuant to the provisions of chapter 173, Florida Statutes, as
2663	amended from time to time.
2664	(j)  Land owned by governmental entity.--Except as
2665	otherwise provided by law, no levy of ad valorem taxes or non-ad
2666	valorem assessments under this Act or chapter 170 or chapter
2667	197, Florida Statutes, as each may be amended from time to time,
2668	or otherwise, by a board of a District, on property of a
2669	governmental entity that is subject to a ground lease as
2670	described in section 190.003(13), Florida Statutes, as amended
2671	from time to time, shall constitute a lien or encumbrance on the
2672	underlying fee interest of such governmental entity.
2673	(15)  SPECIAL ASSESSMENTS.--
2674	(a)  As an alternative method to the levy and imposition of
2675	special assessments pursuant to chapter 170, Florida Statutes,
2676	as amended from time to time, pursuant to the authority of
2677	section 197.3631, Florida Statutes, as amended from time to
2678	time, or pursuant to other provisions of general law, now or
2679	hereinafter enacted, which provide a supplemental means or
2680	authority to impose, levy, and collect special assessments as
2681	otherwise authorized under this Act, the board may levy and
2682	impose special assessments to finance the exercise of any of its
2683	powers permitted under this Act using the following uniform
2684	procedures:
2685	1.  At a noticed meeting consider and review an engineer's
2686	report on the costs of the systems, facilities, and services to
2687	be provided, a preliminary assessment methodology, and a
2688	preliminary roll based on acreage or platted lands, depending
2689	upon whether platting has occurred.
2690	2.  The assessment methodology shall address and discuss
2691	and the board shall consider whether the systems, facilities,
2692	and services being contemplated will result in special benefits
2693	peculiar to the property, different in kind and degree than
2694	general benefits, as a logical connection between the systems,
2695	facilities, and services themselves and the property, and
2696	whether the duty to pay the assessments by the property owners
2697	is apportioned in a manner that is fair and equitable and not in
2698	excess of the special benefit received.  It shall be fair and
2699	equitable to designate a fixed proportion of the annual debt
2700	service, together with interest thereon, on the aggregate
2701	principal amount of bonds issued to finance such systems,
2702	facilities, and services which give rise to unique, special, and
2703	peculiar benefits to property of the same or similar
2704	characteristics under the assessment methodology so long as such
2705	fixed proportion does not exceed the unique, special, and
2706	peculiar benefits enjoyed by such property from such systems,
2707	facilities, and services.
2708	3.  The engineer's cost report shall identify the nature of
2709	the proposed systems, facilities, and services, their location,
2710	a cost breakdown plus a total estimated cost, including cost of
2711	construction or reconstruction, labor, and materials, lands,
2712	property, rights, easements, franchises, or systems, facilities,
2713	and services to be acquired, cost of plans and specifications,
2714	surveys of estimates of costs and revenues, cost of engineering,
2715	legal and other professional consultation services, and other
2716	expenses or costs necessary or incident to determining the
2717	feasibility or practicability of such construction,
2718	reconstruction, or acquisition, administrative expenses,
2719	relationship to the authority and power of the District in its
2720	charter, and such other expense or costs as may be necessary or
2721	incident to the financing to be authorized by the Board of
2722	Supervisors.
2723	4.  The preliminary assessment roll to be prepared will be
2724	in accordance with the method of assessment provided for in the
2725	assessment methodology and as may be adopted by the Board of
2726	Supervisors; the assessment roll shall be completed as promptly
2727	as possible and shall show the acreage, lots, lands, or plats
2728	assessed and the amount of the fairly and reasonably apportioned
2729	assessment based on special and peculiar benefit to the
2730	property, lot, parcel, or acreage of land and, if the assessment
2731	against each such lot, parcel, acreage, or portion of land is to
2732	be paid in installments, the number of annual installments in
2733	which the assessment is divided shall be entered into and shown
2734	upon the assessment roll.
2735	5.  The Board of Supervisors of the District may determine
2736	and declare by an initial assessment resolution to levy and
2737	assess the assessments with respect to assessable improvements
2738	stating the nature of the systems, facilities, and services,
2739	improvements, projects, or infrastructure constituting such
2740	assessable improvements, the information in the engineer's cost
2741	report, the information in the assessment methodology as
2742	determined by the board at the noticed meeting and referencing
2743	and incorporating as part of the resolution the engineer's cost
2744	report, the preliminary assessment methodology, and the
2745	preliminary assessment roll as referenced exhibits to the
2746	resolution by reference; if the board determines to declare and
2747	levy the special assessments by the initial assessment
2748	resolution, the board shall also adopt and declare a notice
2749	resolution which shall provide and cause the initial assessment
2750	resolution to be published once a week for a period of 2 weeks
2751	in a newspaper of general circulation published in Collier
2752	County and said board shall by the same resolution fix a time
2753	and place at which the owner or owners of the property to be
2754	assessed or any other persons interested therein may appear
2755	before said board and be heard as to the propriety and
2756	advisability of making such improvements, as to the costs
2757	thereof, as to the manner of payment therefore, and as to the
2758	amount thereof to be assessed against each property so improved.
2759	Thirty days' notice in writing of such time and place shall be
2760	given to such property owners.  The notice shall include the
2761	amount of the assessment and shall be served by mailing a copy
2762	to each assessed property owner at his or her last known
2763	address, the names and addresses of such property owners to be
2764	obtained from the record of the property appraiser of the county
2765	political subdivision where the land is located or from such
2766	other sources as the District Manager or engineer deems
2767	reliable, and proof of such mailing shall be made by the
2768	affidavit of the manager of the District or by the engineer,
2769	said proof to be filed with the District Manager, provided that
2770	failure to mail said notice or notices shall not invalidate any
2771	of the proceedings hereunder. It is provided further that the
2772	last publication shall be at least 1 week prior to the date of
2773	the hearing on the final assessment resolution.  Said notice
2774	shall describe the general areas to be improved and advise all
2775	person interested that the description of each property to be
2776	assessed and the amount to be assessed to each piece, parcel,
2777	lot, or acre of property may be ascertained at the office of the
2778	manager of the District. Such service by publication shall be
2779	verified by the affidavit of the publisher and filed with the
2780	manager of the District. Moreover, the initial assessment
2781	resolution with its attached, referenced, and incorporated
2782	engineer's cost report, preliminary assessment methodology, and
2783	preliminary assessment roll, along with the notice resolution,
2784	shall be available for public inspection at the office of the
2785	manager and the office of the engineer or any other office
2786	designated by the Board of Supervisors in the notice resolution.
2787	Notwithstanding the foregoing, the landowners of all of the
2788	property which is proposed to be assessed may give the District
2789	written notice of waiver of any notice and publication provided
2790	for in this subparagraph and such notice and publication shall
2791	not be required; provided, however, that any meeting of the
2792	Board of Supervisors to consider such resolution shall be a
2793	publicly noticed meeting.
2794	6.  At the time and place named in the noticed resolution
2795	as provided for in subparagraph 5., the Board of Supervisors of
2796	the District shall meet and hear testimony from affected
2797	property owners as to the propriety and advisability of making
2798	the systems, facilities, services, projects, works,
2799	improvements, or infrastructure and funding them with
2800	assessments referenced in the initial assessment resolution on
2801	the property. Following the testimony and questions from the
2802	members of the board or any professional advisors to the
2803	District of the preparers of the engineer's cost report, the
2804	assessment methodology, and the assessment roll, the Board of
2805	Supervisors shall make a final decision on whether to levy and
2806	assess the particular assessments. Thereafter, the Board of
2807	Supervisors shall meet as an equalizing board to hear and to
2808	consider any and all complaints as to the particular assessments
2809	and shall adjust and equalize the assessments on the basis of
2810	justice and right.
2811	7.  When so equalized and approved by resolution or
2812	ordinance by the Board of Supervisors, to be called the final
2813	assessment resolution, a final assessment roll shall be filed
2814	with the clerk of the board and such assessment shall stand
2815	confirmed and remain legal, valid, and binding first liens on
2816	the property against which such assessments are made until paid,
2817	equal in dignity to the first liens of ad valorem taxation of
2818	county governments and school boards; however, upon completion
2819	of the systems, facilities, service, project, improvement,
2820	works, or infrastructure, the District shall credit to each of
2821	the assessments the difference in the assessment as originally
2822	made, approved, levied, assessed, and confirmed and the
2823	proportionate part of the actual cost of the improvement to be
2824	paid by the particular special assessments as finally determined
2825	upon the completion of the improvement, but in no event shall
2826	the final assessment exceed the amount of the special and
2827	peculiar benefits as apportioned fairly and reasonably to the
2828	property from the system, facility, or service being provided as
2829	originally assessed.  Promptly after such confirmation, the
2830	assessment shall be recorded by the clerk of the District in the
2831	minutes of the proceedings of the District and the record of the
2832	lien in this set of minutes shall constitute prima facie
2833	evidence of its validity.  The Board of Supervisors, in its sole
2834	discretion, may, by resolution grant a discount equal to all or
2835	a part of the payee's proportionate share of the cost of the
2836	project consisting of bond financing cost, such as capitalized
2837	interest, funded reserves, and bond discounts included in the
2838	estimated cost of the project, upon payment in full of any
2839	assessments during such period prior to the time such financing
2840	costs are incurred as may be specified by the Board of
2841	Supervisors in such resolution.
2842	8.  District assessments may be made payable in
2843	installments over no more than 30 years from the date of the
2844	payment of the first installment thereof and may bear interest
2845	at fixed or variable rates.
2846	(b)  Notwithstanding any provision of this Act or chapter
2847	170 or section 170.09, Florida Statutes, as amended from time to
2848	time, which provide that assessments may be paid without
2849	interest at any time within 30 days after the improvement is
2850	completed and a resolution accepting the same has been adopted
2851	by the governing authority, shall not be applicable to any
2852	District assessments, whether imposed, levied, and collected
2853	pursuant to the provisions of this Act or other provisions of
2854	Florida law, including, but not limited to chapter 170, Florida
2855	Statutes.
2856	(c)  In addition, the District is authorized expressly in
2857	the exercise of its rulemaking power to promulgate a rule or
2858	rules which provides or provide for notice, levy, imposition,
2859	equalization, and collection of assessments.
2860	(16)  ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON
2861	ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS.--
2862	(a)  The board may, after any special assessments or
2863	benefit special assessments for assessable improvements are
2864	made, determined, and confirmed as provided in this Act, issue
2865	certificates of indebtedness for the amount so assessed against
2866	the abutting property or property otherwise benefited, as the
2867	case may be, and separate certificates shall be issued against
2868	each part or parcel of land or property assessed, which
2869	certificates shall state the general nature of the improvement
2870	for which the assessment is made. The certificates shall be
2871	payable in annual installments in accordance with the
2872	installments of the special assessment for which they are
2873	issued. The board may determine the interest to be borne by such
2874	certificates, not to exceed the maximum rate allowed by general
2875	law, and may sell such certificates at either private or public
2876	sale and determine the form, manner of execution, and other
2877	details of such certificates. The certificates shall recite that
2878	they are payable only from the special assessments levied and
2879	collected from the part or parcel of land or property against
2880	which they are issued. The proceeds of such certificates may be
2881	pledged for the payment of principal of and interest on any
2882	revenue bonds or general obligation bonds issued to finance in
2883	whole or in part such assessable improvement, or, if not so
2884	pledged, may be used to pay the cost or part of the cost of such
2885	assessable improvements.
2886	(b)  The District may also issue assessment bonds, revenue
2887	bonds, or other obligations payable from a special fund into
2888	which such certificates of indebtedness referred to in the
2889	preceding subsection may be deposited or, if such certificates
2890	of indebtedness have not been issued, the District may assign to
2891	such special fund for the benefit of the holders of such
2892	assessment bonds or other obligations, or to a trustee for such
2893	bondholders, the assessment liens provided for in this Act
2894	unless such certificates of indebtedness or assessment liens
2895	have been theretofore pledged for any bonds or other obligations
2896	authorized hereunder. In the event of the creation of such
2897	special fund and the issuance of such assessment bonds or other
2898	obligations, the proceeds of such certificates of indebtedness
2899	or assessment liens deposited therein shall be used only for the
2900	payment of the assessment bonds or other obligations issued as
2901	provided in this section. The District is authorized to covenant
2902	with the holders of such assessment bonds, revenue bonds, or
2903	other obligations that it will diligently and faithfully enforce
2904	and collect all the special assessments, and interest and
2905	penalties thereon, for which such certificates of indebtedness
2906	or assessment liens have been deposited in or assigned to such
2907	fund; to foreclose such assessment liens so assigned to such
2908	special fund or represented by the certificates of indebtedness
2909	deposited in the special fund, after such assessment liens have
2910	become delinquent, and deposit the proceeds derived from such
2911	foreclosure, including interest and penalties, in such special
2912	fund; and to make any other covenants deemed necessary or
2913	advisable in order to properly secure the holders of such
2914	assessment bonds or other obligations.
2915	(c)  The assessment bonds, revenue bonds, or other
2916	obligations issued pursuant to this section shall have such
2917	dates of issue and maturity as shall be deemed advisable by the
2918	board; however, the maturities of such assessment bonds or other
2919	obligations shall not be more than 2 years after the due date of
2920	the last installment which will be payable on any of the special
2921	assessments for which such assessment liens, or the certificates
2922	of indebtedness representing such assessment liens, are assigned
2923	to or deposited in such special fund.
2924	(d)  Such assessment bonds, revenue bonds, or other
2925	obligations issued under this section shall bear such interest
2926	as the board may determine, not to exceed the maximum rate
2927	allowed by general law, and shall be executed, shall have such
2928	provisions for redemption prior to maturity, shall be sold in
2929	the manner, and shall be subject to all of the applicable
2930	provisions contained in this Act for revenue bonds, except as
2931	the same may be inconsistent with the provisions of this
2932	section.
2933	(e)  All assessment bonds, revenue bonds, or other
2934	obligations issued under the provisions of this section shall
2935	be, shall constitute, and shall have all the qualities and
2936	incidents of negotiable instruments under the law merchant and
2937	the laws of the state.
2938	(17)  TAX LIENS.--All taxes of the District provided for in
2939	this Act, except together with all penalties for default in the
2940	payment of the same and all costs in collecting the same,
2941	including a reasonable attorney's fee fixed by the court and
2942	taxed as a cost in the action brought to enforce payment, shall,
2943	from January 1 for each year the property is liable to
2944	assessment and until paid, constitute a lien of equal dignity
2945	with the liens for state and county taxes and other taxes of
2946	equal dignity with state and county taxes upon all the lands
2947	against which such taxes shall be levied. A sale of any of the
2948	real property within the District for state and county or other
2949	taxes shall not operate to relieve or release the property so
2950	sold from the lien for subsequent District taxes or installments
2951	of District taxes, which lien may be enforced against such
2952	property as though no such sale thereof had been made. In
2953	addition to, and not in limitation of, the preceding sentence,
2954	for purposes of section 197.552, Florida Statutes, as amended
2955	from time to time, the lien of all special assessments levied by
2956	the district shall constitute a lien of record held by a
2957	municipal or county governmental unit. The provisions of
2958	sections 194.171, 197.122, 197.333, and 197.432, Florida
2959	Statutes, as each may be amended from time to time, shall be
2960	applicable to District taxes with the same force and effect as
2961	if such provisions were expressly set forth in this Act.
2962	(18)  PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY THE
2963	DISTRICT; SHARING IN PROCEEDS OF TAX SALE.--
2964	(a)  The District shall have the power and right to:
2965	1.  Pay any delinquent state, county, District, municipal,
2966	or other tax or assessment upon lands located wholly or
2967	partially within the boundaries of the District; and
2968	2.  Redeem or purchase any tax sales certificates issued or
2969	sold on account of any state, county, District, municipal, or
2970	other taxes or assessments upon lands located wholly or
2971	partially within the boundaries of the District.
2972	(b)  Delinquent taxes paid, or tax sales certificates
2973	redeemed or purchased, by the District, together with all
2974	penalties for the default in payment of the same and all costs
2975	in collecting the same and a reasonable attorney's fee, shall
2976	constitute a lien in favor of the District of equal dignity with
2977	the liens of state and county taxes and other taxes of equal
2978	dignity with state and county taxes upon all the real property
2979	against which the taxes were levied. The lien of the District
2980	may be foreclosed in the manner provided in this Act.
2981	(c)  In any sale of land pursuant to section 197.542,
2982	Florida Statutes, as may be amended from time to time, the
2983	District may certify to the clerk of the circuit court of the
2984	county holding such sale the amount of taxes due to the District
2985	upon the lands sought to be sold, and the District shall share
2986	in the disbursement of the sales proceeds in accordance with the
2987	provisions of this Act and under the laws of the state.
2988	(19)  FORECLOSURE OF LIENS.--Any lien in favor of the
2989	District arising under this Act may be foreclosed by the
2990	District by foreclosure proceedings in the name of the District
2991	in a court of competent jurisdiction as provided by general law
2992	in like manner as is provided in chapter 173, Florida Statutes,
2993	and amendments thereto and the provisions of that chapter shall
2994	be applicable to such proceedings with the same force and effect
2995	as if those provisions were expressly set forth in this Act. Any
2996	act required or authorized to be done by or on behalf of a
2997	municipality in foreclosure proceedings under chapter 173,
2998	Florida Statutes, may be performed by such officer or agent of
2999	the District as the Board of Supervisors may designate. Such
3000	foreclosure proceedings may be brought at any time after the
3001	expiration of 1 year from the date any tax, or installment
3002	thereof, becomes delinquent; however, no lien shall be
3003	foreclosed against any political subdivision or agency of the
3004	state. Other legal remedies shall remain available.
3005	(20)  MANDATORY USE OF CERTAIN DISTRICT SYSTEMS,
3006	FACILITIES, AND SERVICES.--To the full extent permitted by law,
3007	the District shall require all lands, buildings, premises,
3008	persons, firms, and corporations within the District to use the
3009	water management and control facilities and water and sewer
3010	facilities of the District.
3011	(21)  COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS; RELATED
3012	PROVISIONS REQUIRED.--
3013	(a)  No contract shall be let by the board for any goods,
3014	supplies, or materials to be purchased when the amount thereof
3015	to be paid by the District shall exceed the amount provided in
3016	section 287.017, Florida Statutes, as amended from time to time,
3017	for category four, unless notice of bids shall be advertised
3018	once in a newspaper in general circulation in Collier County.
3019	Any board seeking to construct or improve a public building,
3020	structure, or other public works shall comply with the bidding
3021	procedures of section 255.20, Florida Statutes, as amended from
3022	time to time, and other applicable general law. In each case,
3023	the bid of the lowest responsive and responsible bidder shall be
3024	accepted unless all bids are rejected because the bids are too
3025	high, or the board determines it is in the best interests of the
3026	District to reject all bids. The board may require the bidders
3027	to furnish bond with a responsible surety to be approved by the
3028	board. Nothing in this section shall prevent the board from
3029	undertaking and performing the construction, operation, and
3030	maintenance of any project or facility authorized by this Act by
3031	the employment of labor, material, and machinery.
3032	(b)  The provisions of the Consultants' Competitive
3033	Negotiation Act, section 287.055, Florida Statutes, as amended
3034	from time to time, apply to contracts for engineering,
3035	architecture, landscape architecture, or registered surveying
3036	and mapping services let by the board.
3037	(c)  Contracts for maintenance services for any District
3038	facility or project shall be subject to competitive bidding
3039	requirements when the amount thereof to be paid by the District
3040	exceeds the amount provided in section 287.017, Florida
3041	Statutes, as amended from time to time, for category four. The
3042	District shall adopt rules, policies, or procedures establishing
3043	competitive bidding procedures for maintenance services.
3044	Contracts for other services shall not be subject to competitive
3045	bidding unless the District adopts a rule, policy, or procedure
3046	applying competitive bidding procedures to said contracts.
3047	(22)  FEES, RENTALS, AND CHARGES; PROCEDURE FOR ADOPTION
3048	AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS.--
3049	(a)  The District is authorized to prescribe, fix,
3050	establish, and collect rates, fees, rentals, or other charges,
3051	hereinafter sometimes referred to as "revenues," and to revise
3052	the same from time to time, for the systems, facilities, and
3053	services furnished by the District, within the limits of the
3054	District, including, but not limited to, recreational
3055	facilities, water management and control facilities, and water
3056	and sewer systems; to recover the costs of making connection
3057	with any District service, facility, or system; and to provide
3058	for reasonable penalties against any user or property for any
3059	such rates, fees, rentals, or other charges that are delinquent.
3060	(b)  No such rates, fees, rentals, or other charges for any
3061	of the facilities or services of the District shall be fixed
3062	until after a public hearing at which all the users of the
3063	proposed facility or services or owners, tenants, or occupants
3064	served or to be served thereby and all other interested persons
3065	shall have an opportunity to be heard concerning the proposed
3066	rates, fees, rentals, or other charges. Rates, fees, rentals,
3067	and other charges shall be adopted under the administrative
3068	rulemaking authority of the District, but shall not apply to
3069	District leases. Notice of such public hearing setting forth the
3070	proposed schedule or schedules of rates, fees, rentals, and
3071	other charges shall have been published in a newspaper of
3072	general circulation in Collier County at least once and at least
3073	10 days prior to such public hearing. The rulemaking hearing may
3074	be adjourned from time to time. After such hearing, such
3075	schedule or schedules, either as initially proposed or as
3076	modified or amended, may be finally adopted. A copy of the
3077	schedule or schedules of such rates, fees, rentals, or charges
3078	as finally adopted shall be kept on file in an office designated
3079	by the board and shall be open at all reasonable times to public
3080	inspection. The rates, fees, rentals, or charges so fixed for
3081	any class of users or property served shall be extended to cover
3082	any additional users or properties thereafter served which shall
3083	fall in the same class, without the necessity of any notice or
3084	hearing.
3085	(c)  Such rates, fees, rentals, and charges shall be just
3086	and equitable and uniform for users of the same class, and when
3087	appropriate may be based or computed either upon the amount of
3088	service furnished, upon the number of average number of persons
3089	residing or working in or otherwise occupying the premises
3090	served, or upon any other factor affecting the use of the
3091	facilities furnished, or upon any combination of the foregoing
3092	factors, as may be determined by the board on an equitable
3093	basis.
3094	(d)  The rates, fees, rentals, or other charges prescribed
3095	shall be such as will produce revenues, together with any other
3096	assessments, taxes, revenues, or funds available or pledged for
3097	such purpose, at least sufficient to provide for the items
3098	hereinafter listed, but not necessarily in the order stated:
3099	1.  To provide for all expenses of operation and
3100	maintenance of such facility or service;
3101	2.  To pay when due all bonds and interest thereon for the
3102	payment of which such revenues are, or shall have been, pledged
3103	or encumbered, including reserves for such purpose; and
3104	3.  To provide for any other funds which may be required
3105	under the resolution or resolutions authorizing the issuance of
3106	bonds pursuant to this Act.
3107	(e)  The board shall have the power to enter into contracts
3108	for the use of the projects of the District and with respect to
3109	the services, systems, and facilities furnished or to be
3110	furnished by the District.
3111	(23)  RECOVERY OF DELINQUENT CHARGES.--In the event that
3112	any rates, fees, rentals, charges, or delinquent penalties shall
3113	not be paid as and when due and shall be in default for 60 days
3114	or more, the unpaid balance thereof and all interest accrued
3115	thereon, together with reasonable attorney's fees and costs, may
3116	be recovered by the District in a civil action.
3117	(24)  DISCONTINUANCE OF SERVICE.--In the event the fees,
3118	rentals, or other charges for water and sewer services, or
3119	either of them, are not paid when due, the board shall have the
3120	power, under such reasonable rules and regulations as the board
3121	may adopt, to discontinue and shut off both water and sewer
3122	services until such fees, rentals, or other charges, including
3123	interest, penalties, and charges for the shutting off and
3124	discontinuance and the restoration of such water and sewer
3125	services or both, are fully paid; and, for such purposes, the
3126	board may enter on any lands, waters, or premises of any person,
3127	firm, corporation, or body, public or private, within the
3128	District limits. Such delinquent fees, rentals, or other
3129	charges, together with interest, penalties, and charges for the
3130	shutting off and discontinuance and the restoration of such
3131	services and facilities and reasonable attorney's fees and other
3132	expenses, may be recovered by the District, which may also
3133	enforce payment of such delinquent fees, rentals, or other
3134	charges by any other lawful method of enforcement.
3135	(25)  ENFORCEMENT AND PENALTIES.--The board or any
3136	aggrieved person may have recourse to such remedies in law and
3137	at equity as may be necessary to ensure compliance with the
3138	provisions of this Act, including injunctive relief to enjoin or
3139	restrain any person violating the provisions of this Act or any
3140	bylaws, resolutions, regulations, rules, codes, or orders
3141	adopted under this Act. In case any building or structure is
3142	erected, constructed, reconstructed, altered, repaired,
3143	converted, or maintained, or any building, structure, land, or
3144	water is used, in violation of this Act or of any code, order,
3145	resolution, or other regulation made under authority conferred
3146	by this Act or under law, the board or any citizen residing in
3147	the District may institute any appropriate action or proceeding
3148	to prevent such unlawful erection, construction, reconstruction,
3149	alteration, repair, conversion, maintenance, or use; to
3150	restrain, correct, or avoid such violation; to prevent the
3151	occupancy of such building, structure, land, or water; and to
3152	prevent any illegal act, conduct, business, or use in or about
3153	such premises, land, or water.
3154	(26)  SUITS AGAINST THE DISTRICT.--Any suit or action
3155	brought or maintained against the District for damages arising
3156	out of tort, including, without limitation, any claim arising
3157	upon account of an act causing an injury or loss of property,
3158	personal injury, or death, shall be subject to the limitations
3159	provided in section 768.28, Florida Statutes, as amended from
3160	time to time.
3161	(27)  EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION.--All
3162	District property shall be exempt from levy and sale by virtue
3163	of an execution, and no execution or other judicial process
3164	shall issue against such property, nor shall any judgment
3165	against the District be a charge or lien on its property or
3166	revenues; however, nothing contained herein shall apply to or
3167	limit the rights of bondholders to pursue any remedy for the
3168	enforcement of any lien or pledge given by the District in
3169	connection with any of the bonds or obligations of the District.
3170	(28)  TERMINATION, CONTRACTION, OR EXPANSION OF DISTRICT.--
3171	(a)  The board may ask the Legislature through its local
3172	legislative delegation in and for Collier County to amend this
3173	Act to contract, to expand or to contract, and to expand the
3174	boundaries of the District by amendment of this section.
3175	(b)  The District shall remain in existence until:
3176	1.  The District is terminated and dissolved pursuant to
3177	amendment to this Act by the Florida Legislature.
3178	2.  The District has become inactive pursuant to section
3179	189.4044, Florida Statutes.
3180	(29)  INCLUSION OF TERRITORY.--The inclusion of any or all
3181	territory of the District within a municipality does not change,
3182	alter, or affect the boundary, territory, existence, or
3183	jurisdiction of the District.
3184	(30)  SALE OF REAL ESTATE WITHIN A DISTRICT; REQUIRED
3185	DISCLOSURE TO PURCHASER.--Subsequent to the creation of this
3186	District under this Act, each contract for the initial sale of a
3187	parcel of real property and each contract for the initial sale
3188	of a residential unit within the District shall include,
3189	immediately prior to the space reserved in the contract for the
3190	signature of the purchaser, the following disclosure statement
3191	in boldfaced and conspicuous type which is larger than the type
3192	in the remaining text of the contract: "THE AVE MARIA
3193	STEWARDSHIP COMMUNITY DISTRICT MAY IMPOSE AND LEVY TAXES OR
3194	ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY.
3195	THESE TAXES AND ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION,
3196	AND MAINTENANCE COSTS OF CERTAIN PUBLIC SYSTEMS, FACILITIES AND
3197	SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING
3198	BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN
3199	ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND
3200	ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY
3201	LAW."
3202	(31)  NOTICE OF CREATION AND ESTABLISHMENT.--Within 30 days
3203	after the election of the first Board of Supervisors creating
3204	this District, the District shall cause to be recorded in the
3205	grantor-grantee index of the property records in the county in
3206	which it is located a "Notice of Creation and Establishment of
3207	the Ave Maria Stewardship Community District." The notice shall,
3208	at a minimum, include the legal description of the property of
3209	the landowners who have consented to establishment of this
3210	District and a copy of the disclosure statement specified in
3211	subsection (30).
3212	(32)  Any system, facility, service, works, improvement,
3213	project, or other infrastructure owned by the District, or
3214	funded by federal tax exempt bonding issued by the District, is
3215	public; the District by rule may regulate, and may impose
3216	reasonable charges or fees for, the use thereof but not to the
3217	extent that such regulation or imposition of such charges or
3218	fees constitutes denial of reasonable access.
3219	Section 5.  SEVERABLITY.--If any provision of this Act is
3220	determined unconstitutional or otherwise determined invalid by a
3221	court of law, all the rest and remainder of the Act shall remain
3222	in full force and effect as the law of Florida.
3223	Section 6.  This act shall take effect upon becoming a law.

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