HB 1625CS

CHAMBER ACTION




2The Committee on Local Government & Veterans' Affairs recommends
3the following:
4
5     Committee Substitute
6     Remove the entire bill and insert:
7
A bill to be entitled
8An act relating to the Ave Maria Stewardship Community
9District, Collier County; providing a popular name;
10creating the Ave Maria Stewardship Community District;
11providing for findings, determinations, ascertainments,
12intent, purpose, definitions, and policy; creating the
13charter of the District; providing for authority and
14jurisdiction; creating the District as a special, limited,
15and single-purpose independent district, an independent
16local government and corporate body politic, to provide
17community development infrastructure to the Ave Maria
18community development in that certain portion of the
19unincorporated area of the Collier County political
20subdivision within and subject to the Growth Management
21Plan and the Rural Lands Stewardship Area Zoning Overlay
22District in Eastern Collier County; prescribing and fixing
23the boundaries of the District; providing for election of
24a Board of Supervisors and terms of office and powers and
25duties thereof; requiring certain financial reports;
26providing for disclosure of public financing information;
27authorizing and providing for the levy and collection of
28taxes; authorizing special powers relating to water
29management and control, roads and bridges, and other
30public facilities; providing for the issuance of bonds and
31short-term borrowing; providing procedures for competitive
32procurement of goods, supplies, and materials; providing
33for enforcement of provisions of the Act and providing
34penalties for violation thereof; providing for the
35applicability of provisions of chapter 189, Florida
36Statutes, and other general laws; providing for
37severability; providing an effective date.
38
39Be It Enacted by the Legislature of the State of Florida:
40
41     Section 1.  Popular name.--This Act may be known by the
42popular name the "Ave Maria Stewardship Community District Act."
43     Section 2.  Preamble.--Legislative findings,
44ascertainments, determinations, intent, purpose, definitions,
45and policy.--
46     (1)  Legislative findings.--
47     (a)  The eastern area of unincorporated Collier County is
48unique and special with natural resources that need protection
49and with the need to retain a viable agricultural system while
50protecting private property rights and promoting a sound
51economy.
52     (b)  Collier County, with the approval of the Governor and
53members of the Cabinet, sitting as the Florida Land and Water
54Adjudicatory Commission, established a designated Rural Lands
55Stewardship Area Zoning Overlay District in order to implement
56an innovative, specialized, and incentive-based Collier County
57Rural Lands Stewardship Area Overlay as part of the Collier
58County Growth Management Plan.
59     (c)  In implementing both protection of natural resources
60and retention of viable agriculture, the Rural Lands Stewardship
61Area District Overlay promotes compact rural mixed-used
62development as an alternative to low-density single use
63development and establishes a system of generating Stewardship
64Credits in a designated Stewardship Sending Area and
65transferring them to a designated Stewardship Receiving Area
66within which new town communities may be created and developed
67with a full range of housing types and a full mix of uses with
68urban level services and infrastructure which support
69specialized development that is compact, mixed-use, human-scale,
70and balances land uses to reduce automobile trips and to
71increase livability.
72     (d)  This comprehensive system anticipates new land uses to
73include unincorporated new town community development and the
74related highly specialized provision of basic infrastructure
75systems, facilities, and services.
76     (e)  Barron Collier Company has made available
77approximately 905 acres to the Ave Maria University Foundation
78for the institution and operation of a private university known
79as Ave Maria University with a full slate of undergraduate,
80graduate, and professional programs with related cultural,
81recreational, and other activities, benefits, and programs for
82providing teaching, research, and public service to southwest
83Florida, the State of Florida, and the nation.
84     (f)  The initial landowners also own, immediately and
85adjacent to and surrounding the Ave Maria University, lands upon
86which they are building a university-oriented new town community
87consistent with the Collier County Growth Management Plan and
88Land Development Code.
89     (g)  Within and subject to this the Growth Management Plan
90and Land Development Code and its Rural and Stewardship Area
91Zoning Overlay District within a designated Stewardship
92Receiving Area, the new town community surrounding the private
93university requires appropriate compact, balanced, and rural
94mixed-use development at a human scale with the required
95innovative balance of such importance to the Stewardship Overlay
96Area.
97     (h)  In particular:
98     1.  Creating a university new town community in the
99Stewardship Overlay Area of Eastern Collier County requires a
100critical coinciding of existing and future land use with
101provision of capital facilities and related systems and
102services, based upon timely, flexible, and specialized
103management of critical factors and sequential events, balancing
104between the interests of private enterprise, agriculture,
105private citizens, taxpayers, consumers, the environment, the
106economy, the initial landowners, and all applicable levels of
107government.
108     2.  As evidenced by the Stewardship Overlay Program, all
109the applicable public and private persons and entities have
110invested and expended substantial time and moneys to generate
111both the Stewardship Overlay Area portions of the Growth
112Management Plan and the existing and future consistent specific
113regulatory and comprehensive planning entitlements and
114consistent land development regulations for the identification,
115preparation, and development of a new town community.
116     3.  Creating such a new town community around the
117university and using a single special purpose independent
118district constitute innovative planning and flexible development
119strategies pursuant to section 163.3177(11), Florida Statutes,
120as amended from time to time, and Rule 9J-5.006(5)(l), Florida
121Administrative Code, as amended from time to time, to minimize
122the conversion of rural and agricultural lands to other uses to
123discourage urban sprawl and to protect environmentally sensitive
124areas, while maintaining the economic viability of agricultural
125and other predominately rural land uses and providing for the
126cost-efficient delivery of public facilities and services as
127provided expressly in the Rural Lands Stewardship Area Land
128Development Regulations, section 2.2.27.10.C.
129     (i)  There is in particular a special need to use a
130specialized and limited single-purpose independent special
131district unit of local government for the Ave Maria Community:
132     1.  To prevent urban sprawl by providing, sustaining, and
133supporting freestanding infrastructure and by preventing
134needless and counterproductive community development when the
135existing urban area is not yet developed.
136     2.  To prevent the needless duplication, fragmentation, and
137proliferation of local government services in a proposed land
138use area.
139     (j)  Management of conservation, environmental,
140agricultural, and economic challenges and opportunities in this
141area of Eastern Collier County transcends the boundaries and
142responsibilities of both private landowners and individual units
143of government so that no one single public or private entity or
144person can plan or implement policies to deal with the many
145issues which attend the provision of basis systems, facilities,
146and services to the area to be managed in Eastern Collier County
147in order to provide for both a new university and a new town
148academic community in the Stewardship area.
149     (k)  It is the expressed set of findings of the Legislature
150further that:
151     1.  There is a considerably long period of time during
152which there is an inordinate burden on the initial landowners of
153both the land area for the private Ave Maria University and its
154surrounding new town university community because of the
155innovative, special, and unique requirements in the Growth
156Management Plan for the Stewardship Receiving Area that deal
157specifically with flexible management and related sequencing,
158timing, and financing of the various systems, facilities, and
159services to be provided to the new town community and that take
160into consideration absorption rates, commercial viability, and
161related factors.
162     2.  Even as the community matures, there is a continuing
163need for landowners, both initial and subsequent, to bear
164burdens that remain relatively inordinate in order to preserve
165such benefits for Eastern Collier County as the unique
166environmental and economic purpose of the new town community in
167this Stewardship Receiving Area.
168     3.  Longer involvement of the initial landowner with regard
169to the provision of basic systems, facilities, and services in
170the Rural Lands Stewardship Overlay, coupled with a severely
171limited and highly specialized single purpose of the District,
172is in the public interest.
173     4.  Any public or private system to provide basic
174infrastructure improvements, systems, facilities, and services
175to this new Ave Maria community in the Stewardship Overlay Area
176of Eastern Collier County must be focused on an unfettered,
177highly specialized, innovative, responsive, and accountable
178mechanism to provide the components of infrastructure at
179sustained levels of high quality over the long term only when
180and as needed for such a unique community in such a unique area.
181     5.  There is a critical need to maintain such provision of
182such systems, facilities, and services to the Ave Maria
183community because of the unique location and attributes of the
184Stewardship Overlay Area, coupled with the unique purpose and
185location of this new academic community, subject to, and not
186inconsistent with, the state, regional, and local requirements
187which attend implementation of the state plan, the Stewardship
188Overlay for the Stewardship Receiving Area, and the Collier
189County Growth Management Plan.
190     6.  This need is met by coinciding the use and special
191attributes of various public and private alternatives for the
192provision of infrastructure to such a community development,
193including:
194     a.  The public policy and related implementing zoning,
195permitting, and planning expertise, interests, and capabilities
196of state and regional government and of the Collier County
197general purpose local government;
198     b.  The flexible, limited, focused, and locally accountable
199management and related financing capabilities of independent
200special purpose local government; and
201     c.  The innovative development and marketing private sector
202expertise of the initial landowners, developers, and other
203components of private enterprise;
204     7.  The specialized financing and revenue procedures for
205the levy and imposition of first-lien assessments, by a variety
206of names, must be disclosed, followed, noticed, fair,
207nonarbitrary, informed, reasonable, and accountable and that
208they must be set forth dispositively.
209     (l)  That the existence and use of such a limited
210specialized single purpose local government for the Ave Maria
211community, subject both to the Rural Lands Stewardship Overlay
212Area District and to the Collier County Growth Management Plan,
213will result in a high propensity:
214     1.  To prevent urban sprawl, protect and to preserve
215environmental, conservation, and agricultural uses and assets
216and to enhance the high quality use of the applicable
217Stewardship Receiving Area.
218     2.  To enhance the market value for both present and future
219landowners of the property consistent with the need to protect
220private property rights in the Stewardship Overlay.
221     3.  To enhance the net economic benefit to the Collier
222County area, including an enhanced and well maintained tax base
223to the benefit of all present and future taxpayers in Collier
224County.
225     4.  To share the costs for providing such basic systems,
226facilities and services in an innovative, sequential, and
227flexible manner within the Ave Maria new town community to be
228serviced by the Stewardship Community District.
229     (2)  Ascertainments.--Based upon these findings, the
230Legislature has learned and ascertains:
231     (a)  There are two public government alternatives and one
232private alternative available to plan, construct, maintain, and
233finance the provision of systems, facilities, and services in
234and subject to the Stewardship Overlay:
235     1.  One of the public or governmental alternatives is by
236the Board of County Commissioners within the Collier County
237political subdivision which can provide certain basic systems,
238facilities, and services directly, or with management by its
239staff with financing through either a municipal service taxing
240unit for ad valorem taxes or municipal service benefit for
241assessments, or indirectly, by nonemergency ordinance use of a
242dependent district.
243     2.  The second public alternative is use of an independent
244special district.
245     3.  The private alternative is the private landowner, a
246private homeowners' association, a private utility, a private
247business corporation or partnership, or a combination of these
248various private alternatives.
249     (b)  Planning, permitting, and creating the Ave Maria
250University new town community and using the independent
251specialized single purpose Ave Maria Stewardship Community
252District created by this Act are consistent with and implement
253both the Collier County Growth Management Plan and Land
254Development Code and also the following long-standing and
255expressed policies of the state:
256     1.  To allow the creation of independent special taxing
257districts which have uniform general law standards and
258procedures and which do not overburden other local governments
259and their taxpayers while preventing the proliferation of
260independent special taxing districts which do not meet the
261standards set forth in section 187.201(20)(b)2., Florida
262Statutes.
263     2.  To encourage the development of local water supplies,
264pursuant to section 187.201(7)(b)3., Florida Statutes.
265     3.  To recognize the existence of legitimate and often
266competing public and private interests and land use regulations
267and other government action, pursuant to section 187.201(14)(a),
268Florida Statutes, as provided for expressly in the Stewardship
269Overlay Program.
270     4.  Consistent with the Stewardship Overlay Program, to
271recognize the importance of preserving natural resources and
272enhancing quality of life by development in those areas where
273land and water resources, fiscal abilities, and service capacity
274can accommodate the land use and growth in a manner that is
275environmentally acceptable, pursuant to section 187.201(15)(a),
276Florida Statutes.
277     5.  To allocate costs of new public facilities on the basis
278of benefits received by existing and future residents while
279planning for the management and financing of new facilities to
280serve residents in a timely, orderly, and efficient manner,
281pursuant to section 187.201(17)(a) and (b)3., Florida Statutes.
282     6.  To encourage local government financial self-
283sufficiency in providing public facilities and in identifying
284and implementing physically sound, innovative, and cost-
285effective techniques to provide and finance public facilities
286while encouraging development, use, and coordination of capital
287improvement plans by all levels of government, pursuant to
288section 187.201(17)(b)5., 6., and 7., Florida Statutes, and as
289provided in the Stewardship Overlay Program.
290     7.  To increase access to, and to promote and provide
291access for, cultural, historical and educational resources and
292opportunities, pursuant to section 187.201(18)(a) and (b)1.,
293Florida Statutes.
294     8.  To enhance and diversify the economy of the Collier
295County area by promoting partnerships among education, business,
296industry, agriculture, and the arts, provide opportunities for
297training skilled employees for new and expanding businesses, and
298promote self-sufficiency through training and educational
299programs that result in productive employment pursuant to
300section 187.201(21)(a) and (b)6., 7., and 8., Florida Statutes.
301     9.  To encourage and to enhance cooperation among
302communities that have unique assets, irrespective of political
303boundaries, to bring the private and public sectors together for
304establishing an orderly, environmentally, and economically sound
305plan for current and future needs and growth, pursuant to
306section 187.201(b)8., Florida Statutes.
307     10.  To create independent special districts by or pursuant
308to general law to ensure long-term management and related
309financing, to meet the need in Florida for timely, efficient,
310effective, responsive, innovative, accountable, focused, and
311economical ways to deliver basic services to new communities to
312solve the state's planning, management, and financing needs for
313delivery of capital infrastructure in order in turn to provide
314for projected growth only and to do so without overburdening
315other governments and their taxpayers, pursuant to section
316189.402, Florida Statutes, so that providing to the Ave Maria
317community basic systems, facilities, and services by independent
318special districts remains pursuant to uniform general law and
319section 189.402(3)(a) and (c), Florida Statutes.
320     11.  To ensure that those independent districts and the
321exercise of their powers are consistent and comply with
322applicable due process, disclosure, accountability, ethics, and
323government-in-the-sunshine requirements of law, both to the
324independent districts and to their elected and appointed
325officials, pursuant to section 189.402(3)(b), Florida Statutes,
326because independent special districts are a legitimate
327alternative method available for use by both the public and
328private sectors to manage, own, operate, construct, and finance
329basic capital infrastructure systems, facilities, and services,
330pursuant to section 189.402(4)(a), Florida Statutes.
331     12.  To ensure that an independent special district is
332created to serve a special purpose to cooperate and to
333coordinate its activities with the applicable general purpose
334local government because aspects of growth and development
335transcend boundaries and responsibilities of individual units of
336government so that no single unit of government can plan or
337implement policies to deal with these issues unilaterally as
338effectively, pursuant to section 189.402(7) and (8), Florida
339Statutes.
340     (c)  Construction and operation of the Ave Maria
341University, the development of the new town university
342community, and the use of the special and single purpose
343independent district are not inconsistent with the Collier
344County Comprehensive Plan and the requirements of the
345Stewardship Overlay and implement both.
346     (d)  This land area for the private university and its new
347town community requires an independent, special, and single
348purpose local government, in the form of an independent special
349district as defined in section 189.403(3), Florida Statutes,
350subject to all substantive and procedural limitations under
351Florida law, including this Act, in order to constitute the
352highly specialized alternative and viable growth management
353mechanism appropriate for this unique Stewardship Overlay
354available to both the private and public sectors.
355     (e)  Such a District requires timely, flexible, limited,
356and specialized management and related financing capabilities
357under its uniform state charter, created by this Act pursuant to
358general law, in order to produce those flexible, innovative, and
359highly specialized benefits to the new town university community
360property in the Stewardship Receiving Area and to the
361Stewardship Overlay in Eastern Collier County.
362     (f)  Such a District must have management capabilities to
363provide pinpointed, focused, accountable, responsive, limited,
364specialized, and low-overhead-based capability, authority, and
365power to provide basic systems, facilities, and services to the
366new university community development with economies of scale but
367at sustained high levels of quality over the long term.
368     (g)  In order to be responsive to the critical timing
369required through the exercise of its special management
370functions, an independent district requires financing of those
371functions, including bondable lienable and non-lienable revenue,
372with full and continuing public disclosure and accountability,
373funded by landowners, both present and future, and funded also
374by users of the systems, facilities, and services provided to
375the land area by the District, without burdening the taxpayers
376and citizens of the state, of Collier County, or any
377municipality in Collier County.
378     (h)  The provision of services by this independent district
379must implement, be subject to, and function not inconsistent
380with, any applicable provisions of the Stewardship Overlay Area
381and related permitting and planning requirements of Collier
382County and of the Collier County Comprehensive Plan and Land
383Development Code.
384     (i)  The creation, existence, and operation of the Ave
385Maria Stewardship Community District, as limited and specialized
386to its single narrow purpose, will also:
387     1.  Constitute a public mechanism to translate the anti-
388urban-sprawl requirements of the Stewardship Overlay into
389reality;
390     2.  Constitute a disincentive for premature or
391inappropriate municipal incorporation consistent with state law.
392     3.  Provide a mechanism for full and continuing disclosure
393of how basic systems, facilities, and services are both managed
394and financed, including full and continuing disclosure to both
395prospective purchasers and all residents of public financing
396related to any burdens of land ownership and any related burdens
397on existing or future residents.
398     4.  Implement Rural Land Stewardship Area Zoning Overlay
399District Regulation, section 2.2.27.10.L.4. because such an
400independent single purpose special district is encouraged in the
401Stewardship Receiving Area where the new town community and
402university are located.
403     (j)  The Ave Maria Stewardship Community District is also a
404mechanism to implement the Collier County Concurrency Management
405System designed to coincide with, and to implement, both the
406Collier County future land use element and the capital
407improvements element for basic systems, facilities, and services
408consistent with the best interests of the Ave Maria community in
409the Stewardship Overlay.
410     (k)  By serving its single specialized purpose, the
411District will not result in needless proliferation, duplication,
412and fragmentation of local government systems, facilities, and
413services in this area of Eastern Collier County.
414     (l)  Subject to its substantive and procedural limitations,
415the Ave Maria Stewardship Community District will assist
416directly in public and combined public and private planning and
417coordination in order to achieve innovative solutions to the
418needs and requirements in this unique academic new town
419community located in this Stewardship Overlay Area of Eastern
420Collier County.
421     (m)  Management of the timing and phasing of critical
422sequential events, coordinated by the initial private landowner,
423the private university, and the Board of County Commissioners of
424Collier County is of fundamental importance and is the basis of
425the inordinate burden on the initial landowner developer and on
426the private university to enhance the Stewardship Overlay and to
427implement its requirements.
428     (n)  The critical single purpose of the Ave Maria
429Stewardship Community District to provide basic infrastructure
430systems, facilities, services, works, and improvements to the
431private Ave Maria university new town community is in the public
432interest because it:
433     1.  Does not pass on taxes or profits to purchasers of
434property or to landowners and residents within their
435jurisdictions;
436     2.  Decreases the tendency toward short-term planning,
437construction, and management considerations because the
438elections for members of the government board are staggered;
439     3.  Is not influenced, guided, or limited by quarterly and
440annual profit statements;
441     4.  Does not have police or regulatory powers;
442     5.  Does not have larger general purpose overhead
443responsibilities;
444     6.  Is not subject to legitimate but countervailing fiscal,
445economic, policy, and political considerations to which large
446general-purpose local governments and large landowners and
447developers would be subject in the natural course of events.
448     7.  Does not constitute needless duplication,
449proliferation, or fragmentation of local government systems,
450facilities, and services in Collier County;
451     8.  Shall operate and function subject to and not
452inconsistent with the county comprehensive plan and not
453inconsistent with, but rather shall enhance the purpose and
454requirements of, the Rural Lands Stewardship Overlay with the
455least overhead cost and the highest amount of public disclosure,
456accountability, responsiveness, and productivity.
457     9.  Coincides its functions with the authority and best
458interests of general purpose local government, the private
459university, the private landowners, both present and future, the
460taxpayers, the future residents, and the state in the provision
461of needed infrastructure to the community at sustained levels of
462quality over the long term.
463     10.  Provides highly accountable innovative systems,
464facilities, and services close to the land and close to the
465people to constitute expressly the stewardship of the lands of
466the new community within and subject to the Stewardship Overlay
467Area in Eastern Collier County and within its jurisdiction;
468     11.  Serves a land area that is amenable to separate
469special district government.
470     12.  Serves a land area that is sufficiently compact and of
471size sufficient for the functionally interrelated Ave Maria new
472town community development.
473     13.  Serves a land area in which there is no existing local
474or regional system, facility, or service with which creation and
475operation of this District and the provision of its systems,
476facilities, improvements, and infrastructure would be
477incompatible.
478     14.  Will enhance the intrinsic value of the property and
479the new community development, for the purpose of the
480Stewardship Overlay, and be a sustaining source of public
481revenue.
482     (o)  The independent district charter created in this Act
483involves innovative general and special powers not otherwise
484available for this unique and highly specialized first ever
485academic Ave Maria new town community in such a unique multi-
486faceted Rural Lands Stewardship Overlay.
487     (p)  The minimum requirements of general law or creation of
488this District by special act have been met as confirmed and set
489forth expressly in section 3(1).
490     (3)  Determinations.--Based upon its findings and
491ascertainments, the Legislature states expressly and determines:
492     (a)  This Act represents the findings, ascertainments, and
493determinations of the Legislature that creating the Ave Maria
494Stewardship Community District, by special act, pursuant to
495general law, is the best alternative as required by section
496189.404(2)(e)3., Florida Statutes, because it meets
497affirmatively the findings and ascertainments of this
498Legislature set forth in this section.
499     (b)  The creation by this Act of the Ave Maria Stewardship
500Community District in the Stewardship Overlay Area of Collier
501County is consistent affirmatively with the Collier County local
502government comprehensive plan.
503     (c)  The authority for this Act is pursuant to section
504189.404, Florida Statutes, and the State Comprehensive Plan
505pursuant to section 187.201, Florida Statutes.
506     (d)  The Board of County Commissioners of Collier County,
507on October 28, 2003, adopted Resolution 2003-381, expressing no
508objection to the creation and establishment of the Ave Maria
509University Stewardship Community District and finding it
510consistent with the Collier County local government
511comprehensive plan as provided in section 189.404(a)(e)4.,
512Florida Statutes.
513     (4)  Intent.--Based upon its findings, ascertainments, and
514determinations, the Legislature expresses its intent:
515     (a)  To ensure that the creation and operation of the Ave
516Maria Stewardship Community District by and pursuant to this
517Act, exercising its management and related financing powers to
518implement its limited, single, and special purpose, is not a
519development order and does not trigger or invoke any provision
520within the meaning of chapter 380, Florida Statutes, and all
521applicable governmental planning, environmental, and land
522development laws, regulations, rules, policies, and ordinances
523apply to all development of the land within the jurisdiction of
524the District as created by this Act.
525     (b)  That the District operate and function subject to, and
526not inconsistent with, the Collier County Growth Management Plan
527and Land Development Code and any applicable development orders,
528zoning regulations, or other land development regulations.
529     (c)  That under this Act this special and single purpose
530Ave Maria Stewardship Community District shall not have the
531power of a general purpose local government to adopt a
532comprehensive plan or related land development regulation as
533those terms are defined in the Florida Local Government
534Comprehensive Planning and Land Development Regulation Act.
535     (d)  That the charter for this District in the Act is
536exclusive and may be amended only by the Legislature by
537subsequent special act.  Any certain proposed amendment of this
538Act which deals specifically, expressly, and only with section
5392(4)(a), (b), and (c) shall not be considered by the Legislature
540unless it is accompanied by a resolution of support by the
541Collier County Board of County Commissioners provided that any
542other amendment on any other subject or provision dealing with
543any subject or provision in this Act does not require such
544resolution.
545     (e)  That the Ave Maria Stewardship Community District
546created by this Act constitutes an innovative mechanism for
547long-term, sustained, quality public stewardship through the
548planning, implementation, construction, management, and related
549financing, of basic systems, facilities, services and
550infrastructure projects for the mixed-use new town academic
551community.
552     (f)  That, it is in the public interest that this limited,
553independent, specialized, and single-purpose District have
554perpetual existence subject only to legislative review as
555provided in its charter as created by this Act so that it is not
556in a position to outlive its usefulness.
557     (g)  That the exercise by this Ave Maria Stewardship
558Community District of its powers to carry out its single purpose
559under its charter as created by this Act is consistent with
560applicable due process, disclosure, accountability, ethics,
561conflicts of laws, government in the sunshine, competitive
562procurement, including the employees of consultants, competitive
563negotiation, and competitive bidding, both as to the government
564entity itself and as to its appointed or elected officials as
565required in this Act.
566     (5)  Purpose.--The limited, single, and specialized purpose
567of the Ave Maria Stewardship Community District is to provide
568community development systems, facilities, services, projects,
569improvements, and infrastructure to the Ave Maria community by
570exercising its various management powers, with related financing
571powers, both general and special, as set forth by and limited by
572its charter as created by this Act.
573     (6)  Definitions.--As used in this Act:
574     (a)  "Ad valorem bonds" means bonds which are payable from
575the proceeds of ad valorem taxes levied on real and tangible
576personal property and which are generally referred to as general
577obligation bonds.
578     (b)  "Assessable improvements" means, without limitation,
579any and all public improvements and community facilities that
580the District is empowered to provide in accordance with this
581Act, that provide a special benefit to property within the
582District.
583     (c)  "Assessment bonds" means special obligations of the
584District which are payable solely from proceeds of the special
585assessments or benefit special assessments levied for assessable
586improvements, provided that, in lieu of issuing assessment bonds
587to fund the costs of assessable improvements, the District may
588issue revenue bonds for such purposes payable from special
589assessments.
590     (d)  "Assessments" means those nonmillage District
591assessments which include special assessments, benefit special
592assessments, and maintenance special assessments and a
593nonmillage, non-ad valorem maintenance tax if authorized by
594general law.
595     (e)  "Ave Maria Stewardship Community District" means the
596unit of special and single purpose local government created and
597chartered by this Act, including the creation of its charter,
598and limited to the performance, in implementing its single
599purpose, of those general and special powers authorized by its
600charter under this Act, the boundaries of which are set forth by
601the Act, the governing head of which is created and authorized
602to operate with legal existence by this Act, and the purpose of
603which is as set forth in this Act.
604     (f)  "Benefit special assessments" are District assessments
605imposed, levied, and collected pursuant to the provisions of
606section 4(14)(b).
607     (g)  "Board of Supervisors" or "board" means the governing
608board of the District or, if such board has been abolished, the
609board, body, or commission assuming the principal functions
610thereof or to whom the powers given to the board by this Act
611have been given by law.
612     (h)  "Bond" includes "certificate," and the provisions that
613are applicable to bonds are equally applicable to certificates.
614The term "bond" includes any general obligation bond, assessment
615bond, refunding bond, revenue bond, and other such obligation in
616the nature of a bond as is provided for in this Act.
617     (i)  "Developed urban area" means any reasonably compact
618urban area.
619     (j)  "Cost" or "costs," when used with reference to any
620project, includes, but is not limited to:
621     1.  The expenses of determining the feasibility or
622practicability of acquisition, construction, or reconstruction.
623     2.  The cost of surveys, estimates, plans, and
624specifications.
625     3.  The cost of improvements.
626     4.  Engineering, fiscal, and legal expenses and charges.
627     5.  The cost of all labor, materials, machinery, and
628equipment.
629     6.  The cost of all lands, properties, rights, easements,
630and franchises acquired.
631     7.  Financing charges.
632     8.  The creation of initial reserve and debt service funds.
633     9.  Working capital.
634     10.  Interest charges incurred or estimated to be incurred
635on money borrowed prior to and during construction and
636acquisition and for such reasonable period of time after
637completion of construction or acquisition as the board may
638determine.
639     11.  The cost of issuance of bonds pursuant to this Act,
640including advertisements and printing.
641     12.  The cost of any bond or tax referendum held pursuant
642to this Act and all other expenses of issuance of bonds.
643     13.  The discount, if any, on the sale or exchange of
644bonds.
645     14.  Administrative expenses.
646     15.  Such other expenses as may be necessary or incidental
647to the acquisition, construction, or reconstruction of any
648project, or to the financing thereof, or to the development of
649any lands within the District.
650     16.  Payments, contributions, dedications, and any other
651exactions required as a condition of receiving any government
652approval or permit necessary to accomplish any District purpose.
653     (k)  "District" means the Ave Maria Stewardship Community
654District.
655     (l)  "District manager" means the manager of the District.
656     (m)  "District roads" means highways, streets, roads,
657alleys, sidewalks, landscaping, storm drains, bridges, and
658thoroughfares of all kinds.
659     (n)  "General obligation bonds" means bonds which are
660secured by, or provide for their payment by, the pledge of the
661full faith and credit and taxing power of the District, in
662addition to those special taxes levied for their discharge and
663such other sources as may be provided for their payment or
664pledged as security under the resolution authorizing their
665issuance, and for payment of which recourse may be had against
666the general fund of the District.
667     (o)  "Governing board member" means any member of the Board
668of Supervisors.
669     (p)  "Land development regulations" means those regulations
670of general purpose local government, adopted under the Florida
671Local Government Comprehensive Planning and Land Development
672Regulations Act, Florida's Growth Management Act, and chapter
673163, Florida Statutes, as amended from time to time, to which
674the District is subject and as to which the District may not
675doing anything that is inconsistent. Land development
676regulations shall not mean specific management engineering,
677planning, and other criteria and standards needed in the daily
678management, implementation, and provision by the District of
679basic systems, facilities, services, works, improvements,
680projects, or infrastructure, including design criteria and
681standards, so long as they remain subject to and are not
682inconsistent with the Collier County Growth Management Plan and
683applicable land development regulations.
684     (q)  "Landowner" means the owner of a freehold estate as it
685appears on the deed record, including a trustee, a private
686corporation, and an owner of a condominium unit. Landowner does
687not include a reversioner, remainderman, mortgagee, or any
688governmental entity who shall not be counted and need not be
689notified of proceedings under this Act. Landowner also means the
690owner of a ground lease from a governmental entity, which
691leasehold interest has a remaining term, excluding all renewal
692options, in excess of 50 years.
693     (r)  "General-purpose local government" means a county,
694municipality, or consolidated city-county government.
695     (s)  "Maintenance special assessments" are assessments
696imposed, levied, and collected pursuant to the provisions of
697section 4(14)(d).
698     (t)  "Non-ad valorem assessment" means an assessment levied
699and imposed by the Board of Supervisors of the Ave Maria
700Stewardship Community District that are not based upon millage
701and that constitutes, pursuant to the provisions of this Act,
702first lien imposed on the property subject thereto, coequal with
703any lien imposed by the state, county, municipality, or school
704board:
705     1.  If, pursuant to general law, nonmillage and non-ad
706valorem taxes, limited expressly and only to certain maintenance
707taxes provided for expressly in the District charter as created
708by this Act that are not ad valorem taxes and are not special
709assessments.
710     2.  If an assessment that is not a tax and is a special
711assessment levied and imposed by the Board of Supervisors of the
712District pursuant to an informed and nonarbitrary determination
713by the Board of Supervisors that the system, facility, or
714service will provide, as a logical connection to the applicable
715parcels of property, a special benefit peculiar to the property,
716different in kind and degree than a general benefit and,
717further, that the duty to pay per parcel will be apportioned in
718a manner that is fair and reasonable, and that may be known as
719an assessment, special assessment, maintenance assessment, or
720benefit assessment. The levy of a maintenance assessment to
721maintain a system or facility constructed and financed a by
722special assessment levied by the District may be based on the
723assessment methodology by which a construction special
724assessment is levied but upon a determination that a maintenance
725special assessment also provides a special and peculiar benefit
726to the property and is apportioned in a manner that is fair and
727reasonable.
728     3.  If an assessment is levied, imposed, or equalized by
729the Board of Supervisors by rule of the District.
730     (u)  "Powers" means powers used and exercised by the Board
731of Supervisors to accomplish the single, limited, and special
732purpose of the District including:
733     1.  "General powers" means those organizational and
734administrative powers of the District as provided in its charter
735in order to carry out its single special purpose as a local
736government public corporate body politic.
737     2.  "Special powers" means those powers enumerated by the
738District charter to implement its specialized systems,
739facilities, services, projects, improvements, and infrastructure
740and related functions in order to carry out its single
741specialized purpose.
742     3.  Any other powers, authority, or function set forth in
743this Act.
744     (v)  "Project" means any development, improvement,
745property, power, utility, facility, enterprise, service, system,
746works, or infrastructure now existing or hereafter undertaken or
747established under the provisions of this Act.
748     (w)  "Qualified elector" means any person at least 18 years
749of age who is a citizen of the United States, a legal resident
750of Florida and of the District and who registers to vote with
751the Supervisor of Elections in Collier County.
752     (x)  "Refunding bonds" means bonds issued to refinance
753outstanding bonds of any type and the interest and redemption
754premium thereon. Refunding bonds shall be issuable and payable
755in the same manner as refinanced bonds, except that no approval
756by the electorate shall be required unless required by the State
757Constitution.
758     (y)  "Revenue bonds" means obligations of the District that
759are payable from revenues, including, but not limited to,
760special assessments and benefit special assessments derived from
761sources other than ad valorem taxes on real or tangible personal
762property and that do not pledge the property, credit, or general
763tax revenue of the District.
764     (z)  "Sewer system" means any plant, system, facility, or
765property, and additions, extensions, and improvements thereto at
766any future time constructed or acquired as part thereof, useful
767or necessary or having the present capacity for future use in
768connection with the collection, treatment, purification, or
769disposal of sewage, including, but not limited to, industrial
770wastes resulting from any process of industry, manufacture,
771trade, or business or from the development of any natural
772resource. Sewer system also includes treatment plants, pumping
773stations, lift stations, valves, force mains, intercepting
774sewers, laterals, pressure lines, mains, and all necessary
775appurtenances and equipment; all sewer mains, laterals, and
776other devices for the reception and collection of sewage from
777premises connected therewith; and all real and personal property
778and any interest therein, rights, easements, and franchises of
779any nature relating to any such system and necessary or
780convenient for operation thereof.
781     (aa)  "Special assessments" shall mean assessments as
782imposed, levied, and collected by the District for the costs of
783assessable improvements pursuant to the provisions of this Act,
784chapter 170, Florida Statutes, as amended from time to time, and
785the additional authority under section 197.3631, Florida
786Statutes, as amended from time to time, or other provisions of
787general law, now or hereinafter enacted, which provide or
788authorize a supplemental means to impose, levy, and collect
789special assessments.
790     (bb)  "Taxes" or "tax" means those levies and impositions
791of the Board of Supervisors that support and pay for government
792and the administration of law and that may be:
793     1.  Ad valorem or property taxes based upon both the
794appraised value of property and millage, at a rate uniform
795within the jurisdiction;
796     2.  If and when authorized by general law, non-ad valorem
797maintenance taxes not based on millage that are used to maintain
798District systems, facilities, and services.
799     (cc)  "Urban area" means a developed and inhabited urban
800area within the District within a minimum acreage resident
801population density of least 1.5 persons per acre as defined by
802the latest official census, special census, or population
803estimate, a minimum density of one single-family home per 2.5
804acres with access to improved roads, or a minimum density of one
805single-family home per 5 acres within a recorded plat
806subdivision.  Urban areas shall be designated by the Board of
807Supervisors with the assistance of all general purpose local
808governments having jurisdiction over the area within the
809jurisdiction of the District.
810     (dd)  "Water system" means any plant, system, facility, or
811property, and any addition, extension, or improvement thereto at
812any future time constructed or acquired as a part thereof,
813useful, necessary, or having the present capacity for future use
814in connection with the development of sources, treatment,
815purification, or distribution of water. Water system also
816includes dams, reservoirs, storage tanks, mains, lines, valves,
817pumping stations, laterals, and pipes for the purpose of
818carrying water to the premises connected with such system, and
819all rights, easements, and franchises of any nature relating to
820any such system and necessary or convenient for the operation
821thereof.
822     (7)  Policy.--Based upon its findings, ascertainments,
823determinations, intent, purpose, and definitions, the
824Legislature states its policy expressly:
825     (a)  The District and the District charter, with its
826general and special powers, as created in this Act, are
827essential and the best alternative for the unique location and
828nature of the new community for academic, residential,
829commercial, and other community uses, projects, or functions in
830the Rural Lands Stewardship Area Overlay of eastern Collier
831County consistent with and designed to enhance the Stewardship
832Overlay Program and to serve a lawful public purpose.
833     (b)  The District which is a local government and a
834corporate body politic is limited to its single, narrow, and
835special purpose as expressed in this Act, with the power to
836provide, plan, implement, construct, maintain, and finance as a
837local government management entity its basic systems,
838facilities, services, improvements, infrastructure, and projects
839and possessing financing powers to fund its management power
840over the long term and with sustained levels of high quality
841commensurate with the Stewardship Overlay.
842     (c)  This Act may be amended only by special act of the
843Legislature in whole or in part.
844     Section 3.  Minimum general law requirements; creation and
845establishment; boundaries; jurisdiction; construction; charter
846with legal description.--
847     (1)  Pursuant to section 189.404(3), Florida Statutes, the
848Legislature sets forth that the minimum requirements in
849paragraphs (a) through (o) have been met in the identified
850provisions of this Act as follows:
851     (a)  The purpose of the District is stated in the Act in
852section 2, subsection (5).
853     (b)  The powers, functions, and duties of the District are
854generally in section 4, subsection (3) paragraphs (g) and (h)
855and subsections (5)-(16), (18), (19), (21), (25), and (32) as to
856which:
857     1.  Taxation provisions are set forth in section 2,
858subsection (6), paragraph (bb); section 4, subsection (3),
859paragraph (h), subsection (14), paragraphs (a), (c), (f), (g)
860and (i), and subsections (17), (18), and (19).
861     2.  Bond issuance provisions are set forth generally in
862section 2; section 4, subsection (8), paragraph (d), subsections
863(10)-(13), and subsection (16), paragraphs (b) and (c).
864     3. Provisions regarding the other revenue raising
865capabilities are set forth in section 2, subsection (6),
866paragraphs (b), (d), (s), (t), and (aa); section 4, subsection
867(10) and (11), subsection (14), paragraphs (b), (d), (e), (h),
868(i), and (j), and subsections (15) and (16).
869     4.  Provisions regarding fees, rentals, and charges are in
870section 2, subsection (6); and section 4, subsection (8),
871paragraph (i) and subsections (22)-(25).
872     5.  Provisions regarding budget preparation and approval
873are in section 4, subsections (5), (6), and (9).
874     6.  Provisions regarding liens and foreclosures of liens
875are in section 4, subsection (14), paragraphs (f), (g), (h), and
876(i), and subsections (15), (17), (18), and (19).
877     7.  Provisions regarding the use of tax deeds and tax
878certificates as appropriate for non-ad valorem assessments are
879set forth in section 4, subsection (8), paragraph (o),
880subsection (14), paragraphs (b), (c), (d), (e), (f), (h), and
881(i), and subsection (15).
882     8.  Provisions regarding contractual agreements are in
883section 4, subsection (8), paragraphs (c), (l), (p), and (r),
884and subsection (9), paragraphs (k), (o), (p), (s), (t), (v), and
885(w).
886     (c)  The provisions for methods for establishing the
887District are in section 2, subsection (2), paragraph (b);
888section 3; and effective as provided in section 6.
889     (d)  The methods for amending the charter of the District
890are set forth in section 2, subsection (7), paragraph (c);
891section 3, subsection (4); and section 4, subsection (28).
892     (e)  The provisions regarding aspects of the governing
893board are as follows:
894     1.  Provisions for the membership of the governing board
895are in section 4, subsection (3), paragraph (b) and subsection
896(4), paragraph (c).
897     2.  Provisions regarding the organization of the governing
898board are in section 4, subsection (3), paragraphs (b)-(d) and
899subsection (4), paragraph (c).
900     3.  Provisions regarding the requirement of five board
901members are in section 4, subsection (3), paragraph (b), and
902subsection (4), paragraph (c), subparagraph 1.
903     4.  The provisions regarding the quorum of the governing
904board are in section 4, subsection (3), paragraph (b), and
905subsection (4) paragraph (c), subparagraph 1, sub-subparagraph
906e.
907     (f)  The provisions regarding maximum compensation of each
908board member are in section 4, subsection (4), paragraph (c),
909and in particular in subparagraph 1., sub-subparagraph h.;
910section 4, subsection (4), paragraph (c), subparagraph 1., sub-
911subparagraph h.
912     (g)  The provisions regarding the administrative duties of
913the governing board are found in section 4, subsections (5)-(8).
914     (h)  The provisions applicable to financial disclosure,
915noticing, and reporting requirements for:
916     1.  Financial disclosure are in section 4, subsections (6)
917and (7).
918     2.  The provisions regarding voting are found in section 4,
919subsections (3) and (4).
920     3.  Reporting requirements are in section 4, subsections
921(5)-(7) and subsection (31).
922     (i)  The provisions regarding procedures and requirements
923for issuing bonds are:
924     1.  For issuing bonds are in section 4, subsection (12),
925particularly in paragraphs (a), (b), (i), (k), and (l), and
926related provisions regarding trust agreements are in subsection
927(13).
928     2.  For issuing bonds are in section 4, subsection (12),
929particularly in paragraphs (c)-(q) and subsection (13).
930     (j)  The provisions regarding elections or referenda are:
931     1.  For procedures for elections are in section 4,
932subsections (3) and (4), and provisions regarding referenda are
933in subsection (14), paragraph (a).
934     2.  For qualifications of an elector of the District, a
935qualified elector, are in section 2, subsection (6), paragraph
936(w); and section 4, subsection (3), paragraphs (b) and (c).
937     3.  For referenda are in section 4, subsection (4),
938paragraph (b).
939     (k)  The provisions regarding methods for financing the
940District are generally in section 4, subsections (10), (11),
941(14), (15), (16), (17), (18), and (19).
942     (l)  Other than taxes levied for the payment of bonds and
943taxes levied for periods not longer than 2 years when authorized
944by vote of the electors of the District, the provisions for:
945     1.  The authority to levy ad valorem tax is in section 4,
946subsection (14), paragraph (a) and subsection (3), paragraph
947(h); and section 2, subsection (6) paragraph (bb) subparagraph
9481.
949     2.  The authorized millage rate is in section 4, subsection
950(14), paragraph (a).
951     (m)  The provisions for the method or methods of collecting
952non-ad valorem assessments, fees, or service charges are:
953     1.  For collecting non-ad valorem assessments in section 4,
954subsection (14), paragraphs (b), (c), (d), (e), (h), and (i) and
955subsection (15).
956     2.  For collecting fees and service charges in section 4,
957subsection (22).
958     (n)  The provisions for planning requirements are as
959limited by the provisions of section 2 and section 3, as limited
960further by section 4, subsections (8) and (9).
961     (o)  The provisions for geographic boundary limitations of
962the District are set forth in section 3, subsection (2)-(4); and
963section 4, subsection (2).
964     (2)  Creation and establishment.--The Ave Maria Stewardship
965Community District, which may also be referred to and be known
966as the "Stewardship Community District," "Ave Maria District,"
967or "District" is created and incorporated as a public body,
968corporate and politic, an independent, limited, special, and
969single purpose local government, an independent special
970district, under section 189.404, Florida Statutes, as amended
971from time to time, and as defined in this Act and in section
972189.403(3), Florida Statutes, as amended from time to time, in
973and for eastern Collier County. Any amendments to chapter 190,
974Florida Statutes, after January 1, 2004, granting additional
975general powers, special powers, authorities, or projects to a
976community development district by amendment to its uniform
977charter, sections 190.006-190.041, Florida Statutes, shall
978constitute a general power, special power, authority, or
979function of the Ave Maria Stewardship Community District.
980Because all notices for the enactment by the Legislature of this
981Act, a special act, have been provided pursuant to the State
982Constitution, the Laws of Florida, and the Rules of the Florida
983House of Representatives and of the Florida Senate, and because
984Collier County is not a charter county, no referendum subsequent
985to the effective date of this Act is required.  The District, as
986created by this Act, is established on the property pursuant to
987section 6 and section 4(3).
988     (3)  The territorial boundary of the District shall embrace
989and include, without reservation or enclave, all of that certain
990real property described legally in the following section 4(2).
991     (4)  The jurisdiction of this District, in the exercise of
992its general and special powers, and in the carrying out of its
993single, narrow, and special purpose, is both within the external
994boundaries of the legal description of this District and
995extraterritorially when limited to, and as authorized expressly
996elsewhere in, the charter of the District as created in this Act
997or applicable general law. This single purpose District is
998created as a public body corporate and politic and local
999government authority and power is limited by its charter, this
1000Act, and subject to the provisions of other general laws,
1001including chapter 189, Florida Statutes, except that an
1002inconsistent provision in this Act shall control and the
1003District has jurisdiction to perform such acts and exercise such
1004projects, functions, and powers as shall be necessary,
1005convenient, incidental, proper, or reasonable for the
1006implementation of its limited, single, and specialized purpose
1007regarding the sound planning, provision, acquisition,
1008development, operation, maintenance, and related financing of
1009those public systems, facilities, services, improvements,
1010projects, and infrastructure works as authorized herein
1011including those necessary and incidental thereto.
1012     (5)  Exclusive charter.--The exclusive charter of the "Ave
1013Maria Stewardship Community District" is this Act and may be
1014amended only by special act of the Legislature.
1015     Section 4.  Disposition of sections 2 and 3; legal
1016description; exclusive charter of the Ave Maria Stewardship
1017Community District.--
1018     (1)  EXCLUSIVE CHARTER.--This Act constitutes the exclusive
1019charter of the Ave Maria Stewardship Community District.
1020     (2)  LEGAL DESCRIPTION.  The metes and bounds legal
1021description of the District, within which there are no enclaves
1022or parcels of property owned by those who do not wish their
1023property to be included within the District, is as follows:
1024
1025METES AND BOUNDS DESCRIPTION
1026DESCRIPTION OF PART OF SECTIONS 21, 22, 27, 28, 29,
102730, AND 33
1028AND ALL OF SECTIONS 31 AND 32, TOWNSHIP 47 SOUTH,
1029RANGE 29 EAST,
1030AND
1031PART OF SECTIONS 4, 9, 16, 17, AND 18
1032AND ALL OF SECTIONS 5, 6, 7, AND 8, TOWNSHIP 48 SOUTH,
1033RANGE 29 EAST,
1034AND
1035PART OF SECTIONS 1, 12 AND 13, TOWNSHIP 48 SOUTH,
1036RANGE 28 EAST,
1037AND
1038ALL OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST,
1039COLLIER COUNTY, FLORIDA
1040
1041COMMENCING AT the NORTHWEST CORNER OF SECTION 27,
1042TOWNSHIP 47 SOUTH, RANGE
104329 EAST, COLLIER COUNTY, FLORIDA.
1044THENCE ALONG THE NORTH LINE OF SAID SECTION 27 NORTH
104589°42'22" EAST 40.00 FEET TO THE INTERSECTION WITH THE
1046THE WEST RIGHT-OF-WAY LINE OF CAMP KEIAS ROAD (80'
1047RIGHT-OF-WAY) AND THE POINT OF BEGINNING OF THE PARCEL
1048HEREIN DESCRIBED:
1049THENCE ALONG SAID RIGHT-OF-WAY LINE IN THE FOLLOWING
1050TWENTY FOUR (24) DESCRIBED COURSES;
1051     1)  SOUTH 00°15'32" EAST 4936.39 FEET;


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