HB 1625

CS

CHAMBER ACTION

1	intent, purpose, definitions, and policy; creating the
2	charter of the District; providing for authority and
3	jurisdiction; creating the District as a special, limited,
4	and single-purpose independent district, an independent
5	local government and corporate body politic, to provide
6	community development infrastructure to the Ave Maria
7	community development in that certain portion of the
8	unincorporated area of the Collier County political
9	subdivision within and subject to the Growth Management
10	Plan and the Rural Lands Stewardship Area Zoning Overlay
11	District in Eastern Collier County; prescribing and fixing
12	the boundaries of the District; providing for election of
13	a Board of Supervisors and terms of office and powers and
14	duties thereof; requiring certain financial reports;
15	providing for disclosure of public financing information;
16	authorizing and providing for the levy and collection of
17	taxes; authorizing special powers relating to water
18	management and control, roads and bridges, and other
19	public facilities; providing for the issuance of bonds and
20	short-term borrowing; providing procedures for competitive
21	procurement of goods, supplies, and materials; providing
22	for enforcement of provisions of the Act and providing
23	penalties for violation thereof; providing for the
24	applicability of provisions of chapter 189, Florida
25	Statutes, and other general laws; providing for
26	severability; providing an effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Popular name.--This Act may be known by the
31	popular name the "Ave Maria Stewardship Community District Act."
32	Section 2.  Preamble.--Legislative findings,
33	ascertainments, determinations, intent, purpose, definitions,
34	and policy.--
35	(1)  Legislative findings.--
36	(a)  The eastern area of unincorporated Collier County is
37	unique and special with natural resources that need protection
38	and with the need to retain a viable agricultural system while
39	protecting private property rights and promoting a sound
40	economy.
41	(b)  Collier County, with the approval of the Governor and
42	members of the Cabinet, sitting as the Florida Land and Water
43	Adjudicatory Commission, established a designated Rural Lands
44	Stewardship Area Zoning Overlay District in order to implement
45	an innovative, specialized, and incentive-based Collier County
46	Rural Lands Stewardship Area Overlay as part of the Collier
47	County Growth Management Plan.
48	(c)  In implementing both protection of natural resources
49	and retention of viable agriculture, the Rural Lands Stewardship
50	Area District Overlay promotes compact rural mixed-used
51	development as an alternative to low-density single use
52	development and establishes a system of generating Stewardship
53	Credits in a designated Stewardship Sending Area and
54	transferring them to a designated Stewardship Receiving Area
55	within which new town communities may be created and developed
56	with a full range of housing types and a full mix of uses with
57	urban level services and infrastructure which support
58	specialized development that is compact, mixed-use, human-scale,
59	and balances land uses to reduce automobile trips and to
60	increase livability.
61	(d)  This comprehensive system anticipates new land uses to
62	include unincorporated new town community development and the
63	related highly specialized provision of basic infrastructure
64	systems, facilities, and services.
65	(e)  Barron Collier Company has made available
66	approximately 905 acres to the Ave Maria University Foundation
67	for the institution and operation of a private university known
68	as Ave Maria University with a full slate of undergraduate,
69	graduate, and professional programs with related cultural,
70	recreational, and other activities, benefits, and programs for
71	providing teaching, research, and public service to southwest
72	Florida, the State of Florida, and the nation.
73	(f)  The initial landowners also own, immediately and
74	adjacent to and surrounding the Ave Maria University, lands upon
75	which they are building a university-oriented new town community
76	consistent with the Collier County Growth Management Plan and
77	Land Development Code.
78	(g)  Within and subject to this the Growth Management Plan
79	and Land Development Code and its Rural and Stewardship Area
80	Zoning Overlay District within a designated Stewardship
81	Receiving Area, the new town community surrounding the private
82	university requires appropriate compact, balanced, and rural
83	mixed-use development at a human scale with the required
84	innovative balance of such importance to the Stewardship Overlay
85	Area.
86	(h)  In particular:
87	1.  Creating a university new town community in the
88	Stewardship Overlay Area of Eastern Collier County requires a
89	critical coinciding of existing and future land use with
90	provision of capital facilities and related systems and
91	services, based upon timely, flexible, and specialized
92	management of critical factors and sequential events, balancing
93	between the interests of private enterprise, agriculture,
94	private citizens, taxpayers, consumers, the environment, the
95	economy, the initial landowners, and all applicable levels of
96	government.
97	2.  As evidenced by the Stewardship Overlay Program, all
98	the applicable public and private persons and entities have
99	invested and expended substantial time and moneys to generate
100	both the Stewardship Overlay Area portions of the Growth
101	Management Plan and the existing and future consistent specific
102	regulatory and comprehensive planning entitlements and
103	consistent land development regulations for the identification,
104	preparation, and development of a new town community.
105	3.  Creating such a new town community around the
106	university and using a single special purpose independent
107	district constitute innovative planning and flexible development
108	strategies pursuant to section 163.3177(11), Florida Statutes,
109	as amended from time to time, and Rule 9J-5.006(5)(l), Florida
110	Administrative Code, as amended from time to time, to minimize
111	the conversion of rural and agricultural lands to other uses to
112	discourage urban sprawl and to protect environmentally sensitive
113	areas, while maintaining the economic viability of agricultural
114	and other predominately rural land uses and providing for the
115	cost-efficient delivery of public facilities and services as
116	provided expressly in the Rural Lands Stewardship Area Land
117	Development Regulations, section 2.2.27.10.C.
118	(i)  There is in particular a special need to use a
119	specialized and limited single-purpose independent special
120	district unit of local government for the Ave Maria Community:
121	1.  To prevent urban sprawl by providing, sustaining, and
122	supporting freestanding infrastructure and by preventing
123	needless and counterproductive community development when the
124	existing urban area is not yet developed.
125	2.  To prevent the needless duplication, fragmentation, and
126	proliferation of local government services in a proposed land
127	use area.
128	(j)  Management of conservation, environmental,
129	agricultural, and economic challenges and opportunities in this
130	area of Eastern Collier County transcends the boundaries and
131	responsibilities of both private landowners and individual units
132	of government so that no one single public or private entity or
133	person can plan or implement policies to deal with the many
134	issues which attend the provision of basis systems, facilities,
135	and services to the area to be managed in Eastern Collier County
136	in order to provide for both a new university and a new town
137	academic community in the Stewardship area.
138	(k)  It is the expressed set of findings of the Legislature
139	further that:
140	1.  There is a considerably long period of time during
141	which there is an inordinate burden on the initial landowners of
142	both the land area for the private Ave Maria University and its
143	surrounding new town university community because of the
144	innovative, special, and unique requirements in the Growth
145	Management Plan for the Stewardship Receiving Area that deal
146	specifically with flexible management and related sequencing,
147	timing, and financing of the various systems, facilities, and
148	services to be provided to the new town community and that take
149	into consideration absorption rates, commercial viability, and
150	related factors.
151	2.  Even as the community matures, there is a continuing
152	need for landowners, both initial and subsequent, to bear
153	burdens that remain relatively inordinate in order to preserve
154	such benefits for Eastern Collier County as the unique
155	environmental and economic purpose of the new town community in
156	this Stewardship Receiving Area.
157	3.  Longer involvement of the initial landowner with regard
158	to the provision of basic systems, facilities, and services in
159	the Rural Lands Stewardship Overlay, coupled with a severely
160	limited and highly specialized single purpose of the District,
161	is in the public interest.
162	4.  Any public or private system to provide basic
163	infrastructure improvements, systems, facilities, and services
164	to this new Ave Maria community in the Stewardship Overlay Area
165	of Eastern Collier County must be focused on an unfettered,
166	highly specialized, innovative, responsive, and accountable
167	mechanism to provide the components of infrastructure at
168	sustained levels of high quality over the long term only when
169	and as needed for such a unique community in such a unique area.
170	5.  There is a critical need to maintain such provision of
171	such systems, facilities, and services to the Ave Maria
172	community because of the unique location and attributes of the
173	Stewardship Overlay Area, coupled with the unique purpose and
174	location of this new academic community, subject to, and not
175	inconsistent with, the state, regional, and local requirements
176	which attend implementation of the state plan, the Stewardship
177	Overlay for the Stewardship Receiving Area, and the Collier
178	County Growth Management Plan.
179	6.  This need is met by coinciding the use and special
180	attributes of various public and private alternatives for the
181	provision of infrastructure to such a community development,
182	including:
183	a.  The public policy and related implementing zoning,
184	permitting, and planning expertise, interests, and capabilities
185	of state and regional government and of the Collier County
186	general purpose local government;
187	b.  The flexible, limited, focused, and locally accountable
188	management and related financing capabilities of independent
189	special purpose local government; and
190	c.  The innovative development and marketing private sector
191	expertise of the initial landowners, developers, and other
192	components of private enterprise;
193	7.  The specialized financing and revenue procedures for
194	the levy and imposition of first-lien assessments, by a variety
195	of names, must be disclosed, followed, noticed, fair,
196	nonarbitrary, informed, reasonable, and accountable and that
197	they must be set forth dispositively.
198	(l)  That the existence and use of such a limited
199	specialized single purpose local government for the Ave Maria
200	community, subject both to the Rural Lands Stewardship Overlay
201	Area District and to the Collier County Growth Management Plan,
202	will result in a high propensity:
203	1.  To prevent urban sprawl, protect and to preserve
204	environmental, conservation, and agricultural uses and assets
205	and to enhance the high quality use of the applicable
206	Stewardship Receiving Area.
207	2.  To enhance the market value for both present and future
208	landowners of the property consistent with the need to protect
209	private property rights in the Stewardship Overlay.
210	3.  To enhance the net economic benefit to the Collier
211	County area, including an enhanced and well maintained tax base
212	to the benefit of all present and future taxpayers in Collier
213	County.
214	4.  To share the costs for providing such basic systems,
215	facilities and services in an innovative, sequential, and
216	flexible manner within the Ave Maria new town community to be
217	serviced by the Stewardship Community District.
218	(2)  Ascertainments.--Based upon these findings, the
219	Legislature has learned and ascertains:
220	(a)  There are two public government alternatives and one
221	private alternative available to plan, construct, maintain, and
222	finance the provision of systems, facilities, and services in
223	and subject to the Stewardship Overlay:
224	1.  One of the public or governmental alternatives is by
225	the Board of County Commissioners within the Collier County
226	political subdivision which can provide certain basic systems,
227	facilities, and services directly, or with management by its
228	staff with financing through either a municipal service taxing
229	unit for ad valorem taxes or municipal service benefit for
230	assessments, or indirectly, by nonemergency ordinance use of a
231	dependent district.
232	2.  The second public alternative is use of an independent
233	special district.
234	3.  The private alternative is the private landowner, a
235	private homeowners' association, a private utility, a private
236	business corporation or partnership, or a combination of these
237	various private alternatives.
238	(b)  Planning, permitting, and creating the Ave Maria
239	University new town community and using the independent
240	specialized single purpose Ave Maria Stewardship Community
241	District created by this Act are consistent with and implement
242	both the Collier County Growth Management Plan and Land
243	Development Code and also the following long-standing and
244	expressed policies of the state:
245	1.  To allow the creation of independent special taxing
246	districts which have uniform general law standards and
247	procedures and which do not overburden other local governments
248	and their taxpayers while preventing the proliferation of
249	independent special taxing districts which do not meet the
250	standards set forth in section 187.201(20)(b)2., Florida
251	Statutes.
252	2.  To encourage the development of local water supplies,
253	pursuant to section 187.201(7)(b)3., Florida Statutes.
254	3.  To recognize the existence of legitimate and often
255	competing public and private interests and land use regulations
256	and other government action, pursuant to section 187.201(14)(a),
257	Florida Statutes, as provided for expressly in the Stewardship
258	Overlay Program.
259	4.  Consistent with the Stewardship Overlay Program, to
260	recognize the importance of preserving natural resources and
261	enhancing quality of life by development in those areas where
262	land and water resources, fiscal abilities, and service capacity
263	can accommodate the land use and growth in a manner that is
264	environmentally acceptable, pursuant to section 187.201(15)(a),
265	Florida Statutes.
266	5.  To allocate costs of new public facilities on the basis
267	of benefits received by existing and future residents while
268	planning for the management and financing of new facilities to
269	serve residents in a timely, orderly, and efficient manner,
270	pursuant to section 187.201(17)(a) and (b)3., Florida Statutes.
271	6.  To encourage local government financial self-
272	sufficiency in providing public facilities and in identifying
273	and implementing physically sound, innovative, and cost-
274	effective techniques to provide and finance public facilities
275	while encouraging development, use, and coordination of capital
276	improvement plans by all levels of government, pursuant to
277	section 187.201(17)(b)5., 6., and 7., Florida Statutes, and as
278	provided in the Stewardship Overlay Program.
279	7.  To increase access to, and to promote and provide
280	access for, cultural, historical and educational resources and
281	opportunities, pursuant to section 187.201(18)(a) and (b)1.,
282	Florida Statutes.
283	8.  To enhance and diversify the economy of the Collier
284	County area by promoting partnerships among education, business,
285	industry, agriculture, and the arts, provide opportunities for
286	training skilled employees for new and expanding businesses, and
287	promote self-sufficiency through training and educational
288	programs that result in productive employment pursuant to
289	section 187.201(21)(a) and (b)6., 7., and 8., Florida Statutes.
290	9.  To encourage and to enhance cooperation among
291	communities that have unique assets, irrespective of political
292	boundaries, to bring the private and public sectors together for
293	establishing an orderly, environmentally, and economically sound
294	plan for current and future needs and growth, pursuant to
295	section 187.201(b)8., Florida Statutes.
296	10.  To create independent special districts by or pursuant
297	to general law to ensure long-term management and related
298	financing, to meet the need in Florida for timely, efficient,
299	effective, responsive, innovative, accountable, focused, and
300	economical ways to deliver basic services to new communities to
301	solve the state's planning, management, and financing needs for
302	delivery of capital infrastructure in order in turn to provide
303	for projected growth only and to do so without overburdening
304	other governments and their taxpayers, pursuant to section
305	189.402, Florida Statutes, so that providing to the Ave Maria
306	community basic systems, facilities, and services by independent
307	special districts remains pursuant to uniform general law and
308	section 189.402(3)(a) and (c), Florida Statutes.
309	11.  To ensure that those independent districts and the
310	exercise of their powers are consistent and comply with
311	applicable due process, disclosure, accountability, ethics, and
312	government-in-the-sunshine requirements of law, both to the
313	independent districts and to their elected and appointed
314	officials, pursuant to section 189.402(3)(b), Florida Statutes,
315	because independent special districts are a legitimate
316	alternative method available for use by both the public and
317	private sectors to manage, own, operate, construct, and finance
318	basic capital infrastructure systems, facilities, and services,
319	pursuant to section 189.402(4)(a), Florida Statutes.
320	12.  To ensure that an independent special district is
321	created to serve a special purpose to cooperate and to
322	coordinate its activities with the applicable general purpose
323	local government because aspects of growth and development
324	transcend boundaries and responsibilities of individual units of
325	government so that no single unit of government can plan or
326	implement policies to deal with these issues unilaterally as
327	effectively, pursuant to section 189.402(7) and (8), Florida
328	Statutes.
329	(c)  Construction and operation of the Ave Maria
330	University, the development of the new town university
331	community, and the use of the special and single purpose
332	independent district are not inconsistent with the Collier
333	County Comprehensive Plan and the requirements of the
334	Stewardship Overlay and implement both.
335	(d)  This land area for the private university and its new
336	town community requires an independent, special, and single
337	purpose local government, in the form of an independent special
338	district as defined in section 189.403(3), Florida Statutes,
339	subject to all substantive and procedural limitations under
340	Florida law, including this Act, in order to constitute the
341	highly specialized alternative and viable growth management
342	mechanism appropriate for this unique Stewardship Overlay
343	available to both the private and public sectors.
344	(e)  Such a District requires timely, flexible, limited,
345	and specialized management and related financing capabilities
346	under its uniform state charter, created by this Act pursuant to
347	general law, in order to produce those flexible, innovative, and
348	highly specialized benefits to the new town university community
349	property in the Stewardship Receiving Area and to the
350	Stewardship Overlay in Eastern Collier County.
351	(f)  Such a District must have management capabilities to
352	provide pinpointed, focused, accountable, responsive, limited,
353	specialized, and low-overhead-based capability, authority, and
354	power to provide basic systems, facilities, and services to the
355	new university community development with economies of scale but
356	at sustained high levels of quality over the long term.
357	(g)  In order to be responsive to the critical timing
358	required through the exercise of its special management
359	functions, an independent district requires financing of those
360	functions, including bondable lienable and non-lienable revenue,
361	with full and continuing public disclosure and accountability,
362	funded by landowners, both present and future, and funded also
363	by users of the systems, facilities, and services provided to
364	the land area by the District, without burdening the taxpayers
365	and citizens of the state, of Collier County, or any
366	municipality in Collier County.
367	(h)  The provision of services by this independent district
368	must implement, be subject to, and function not inconsistent
369	with, any applicable provisions of the Stewardship Overlay Area
370	and related permitting and planning requirements of Collier
371	County and of the Collier County Comprehensive Plan and Land
372	Development Code.
373	(i)  The creation, existence, and operation of the Ave
374	Maria Stewardship Community District, as limited and specialized
375	to its single narrow purpose, will also:
376	1.  Constitute a public mechanism to translate the anti-
377	urban-sprawl requirements of the Stewardship Overlay into
378	reality;
379	2.  Constitute a disincentive for premature or
380	inappropriate municipal incorporation consistent with state law.
381	3.  Provide a mechanism for full and continuing disclosure
382	of how basic systems, facilities, and services are both managed
383	and financed, including full and continuing disclosure to both
384	prospective purchasers and all residents of public financing
385	related to any burdens of land ownership and any related burdens
386	on existing or future residents.
387	4.  Implement Rural Land Stewardship Area Zoning Overlay
388	District Regulation, section 2.2.27.10.L.4. because such an
389	independent single purpose special district is encouraged in the
390	Stewardship Receiving Area where the new town community and
391	university are located.
392	(j)  The Ave Maria Stewardship Community District is also a
393	mechanism to implement the Collier County Concurrency Management
394	System designed to coincide with, and to implement, both the
395	Collier County future land use element and the capital
396	improvements element for basic systems, facilities, and services
397	consistent with the best interests of the Ave Maria community in
398	the Stewardship Overlay.
399	(k)  By serving its single specialized purpose, the
400	District will not result in needless proliferation, duplication,
401	and fragmentation of local government systems, facilities, and
402	services in this area of Eastern Collier County.
403	(l)  Subject to its substantive and procedural limitations,
404	the Ave Maria Stewardship Community District will assist
405	directly in public and combined public and private planning and
406	coordination in order to achieve innovative solutions to the
407	needs and requirements in this unique academic new town
408	community located in this Stewardship Overlay Area of Eastern
409	Collier County.
410	(m)  Management of the timing and phasing of critical
411	sequential events, coordinated by the initial private landowner,
412	the private university, and the Board of County Commissioners of
413	Collier County is of fundamental importance and is the basis of
414	the inordinate burden on the initial landowner developer and on
415	the private university to enhance the Stewardship Overlay and to
416	implement its requirements.
417	(n)  The critical single purpose of the Ave Maria
418	Stewardship Community District to provide basic infrastructure
419	systems, facilities, services, works, and improvements to the
420	private Ave Maria university new town community is in the public
421	interest because it:
422	1.  Does not pass on taxes or profits to purchasers of
423	property or to landowners and residents within their
424	jurisdictions;
425	2.  Decreases the tendency toward short-term planning,
426	construction, and management considerations because the
427	elections for members of the government board are staggered;
428	3.  Is not influenced, guided, or limited by quarterly and
429	annual profit statements;
430	4.  Does not have police or regulatory powers;
431	5.  Does not have larger general purpose overhead
432	responsibilities;
433	6.  Is not subject to legitimate but countervailing fiscal,
434	economic, policy, and political considerations to which large
435	general-purpose local governments and large landowners and
436	developers would be subject in the natural course of events.
437	7.  Does not constitute needless duplication,
438	proliferation, or fragmentation of local government systems,
439	facilities, and services in Collier County;
440	8.  Shall operate and function subject to and not
441	inconsistent with the county comprehensive plan and not
442	inconsistent with, but rather shall enhance the purpose and
443	requirements of, the Rural Lands Stewardship Overlay with the
444	least overhead cost and the highest amount of public disclosure,
445	accountability, responsiveness, and productivity.
446	9.  Coincides its functions with the authority and best
447	interests of general purpose local government, the private
448	university, the private landowners, both present and future, the
449	taxpayers, the future residents, and the state in the provision
450	of needed infrastructure to the community at sustained levels of
451	quality over the long term.
452	10.  Provides highly accountable innovative systems,
453	facilities, and services close to the land and close to the
454	people to constitute expressly the stewardship of the lands of
455	the new community within and subject to the Stewardship Overlay
456	Area in Eastern Collier County and within its jurisdiction;
457	11.  Serves a land area that is amenable to separate
458	special district government.
459	12.  Serves a land area that is sufficiently compact and of
460	size sufficient for the functionally interrelated Ave Maria new
461	town community development.
462	13.  Serves a land area in which there is no existing local
463	or regional system, facility, or service with which creation and
464	operation of this District and the provision of its systems,
465	facilities, improvements, and infrastructure would be
466	incompatible.
467	14.  Will enhance the intrinsic value of the property and
468	the new community development, for the purpose of the
469	Stewardship Overlay, and be a sustaining source of public
470	revenue.
471	(o)  The independent district charter created in this Act
472	involves innovative general and special powers not otherwise
473	available for this unique and highly specialized first ever
474	academic Ave Maria new town community in such a unique multi-
475	faceted Rural Lands Stewardship Overlay.
476	(p)  The minimum requirements of general law or creation of
477	this District by special act have been met as confirmed and set
478	forth expressly in section 3(1).
479	(3)  Determinations.--Based upon its findings and
480	ascertainments, the Legislature states expressly and determines:
481	(a)  This Act represents the findings, ascertainments, and
482	determinations of the Legislature that creating the Ave Maria
483	Stewardship Community District, by special act, pursuant to
484	general law, is the best alternative as required by section
485	189.404(2)(e)3., Florida Statutes, because it meets
486	affirmatively the findings and ascertainments of this
487	Legislature set forth in this section.
488	(b)  The creation by this Act of the Ave Maria Stewardship
489	Community District in the Stewardship Overlay Area of Collier
490	County is consistent affirmatively with the Collier County local
491	government comprehensive plan.
492	(c)  The authority for this Act is pursuant to section
493	189.404, Florida Statutes, and the State Comprehensive Plan
494	pursuant to section 187.201, Florida Statutes.
495	(d)  The Board of County Commissioners of Collier County,
496	on October 28, 2003, adopted Resolution 2003-381, expressing no
497	objection to the creation and establishment of the Ave Maria
498	University Stewardship Community District and finding it
499	consistent with the Collier County local government
500	comprehensive plan as provided in section 189.404(a)(e)4.,
501	Florida Statutes.
502	(4)  Intent.--Based upon its findings, ascertainments, and
503	determinations, the Legislature expresses its intent:
504	(a)  To ensure that the creation and operation of the Ave
505	Maria Stewardship Community District by and pursuant to this
506	Act, exercising its management and related financing powers to
507	implement its limited, single, and special purpose, is not a
508	development order and does not trigger or invoke any provision
509	within the meaning of chapter 380, Florida Statutes, and all
510	applicable governmental planning, environmental, and land
511	development laws, regulations, rules, policies, and ordinances
512	apply to all development of the land within the jurisdiction of
513	the District as created by this Act.
514	(b)  That the District operate and function subject to, and
515	not inconsistent with, the Collier County Growth Management Plan
516	and Land Development Code and any applicable development orders,
517	zoning regulations, or other land development regulations.
518	(c)  That under this Act this special and single purpose
519	Ave Maria Stewardship Community District shall not have the
520	power of a general purpose local government to adopt a
521	comprehensive plan or related land development regulation as
522	those terms are defined in the Florida Local Government
523	Comprehensive Planning and Land Development Regulation Act.
524	(d)  That the charter for this District in the Act is
525	exclusive and may be amended only by the Legislature by
526	subsequent special act.  Any certain proposed amendment of this
527	Act which deals specifically, expressly, and only with section
528	2(4)(a), (b), and (c) shall not be considered by the Legislature
529	unless it is accompanied by a resolution of support by the
530	Collier County Board of County Commissioners provided that any
531	other amendment on any other subject or provision dealing with
532	any subject or provision in this Act does not require such
533	resolution.
534	(e)  That the Ave Maria Stewardship Community District
535	created by this Act constitutes an innovative mechanism for
536	long-term, sustained, quality public stewardship through the
537	planning, implementation, construction, management, and related
538	financing, of basic systems, facilities, services and
539	infrastructure projects for the mixed-use new town academic
540	community.
541	(f)  That, it is in the public interest that this limited,
542	independent, specialized, and single-purpose District have
543	perpetual existence subject only to legislative review as
544	provided in its charter as created by this Act so that it is not
545	in a position to outlive its usefulness.
546	(g)  That the exercise by this Ave Maria Stewardship
547	Community District of its powers to carry out its single purpose
548	under its charter as created by this Act is consistent with
549	applicable due process, disclosure, accountability, ethics,
550	conflicts of laws, government in the sunshine, competitive
551	procurement, including the employees of consultants, competitive
552	negotiation, and competitive bidding, both as to the government
553	entity itself and as to its appointed or elected officials as
554	required in this Act.
555	(5)  Purpose.--The limited, single, and specialized purpose
556	of the Ave Maria Stewardship Community District is to provide
557	community development systems, facilities, services, projects,
558	improvements, and infrastructure to the Ave Maria community by
559	exercising its various management powers, with related financing
560	powers, both general and special, as set forth by and limited by
561	its charter as created by this Act.
562	(6)  Definitions.--As used in this Act:
563	(a)  "Ad valorem bonds" means bonds which are payable from
564	the proceeds of ad valorem taxes levied on real and tangible
565	personal property and which are generally referred to as general
566	obligation bonds.
567	(b)  "Assessable improvements" means, without limitation,
568	any and all public improvements and community facilities that
569	the District is empowered to provide in accordance with this
570	Act, that provide a special benefit to property within the
571	District.
572	(c)  "Assessment bonds" means special obligations of the
573	District which are payable solely from proceeds of the special
574	assessments or benefit special assessments levied for assessable
575	improvements, provided that, in lieu of issuing assessment bonds
576	to fund the costs of assessable improvements, the District may
577	issue revenue bonds for such purposes payable from special
578	assessments.
579	(d)  "Assessments" means those nonmillage District
580	assessments which include special assessments, benefit special
581	assessments, and maintenance special assessments and a
582	nonmillage, non-ad valorem maintenance tax if authorized by
583	general law.
584	(e)  "Ave Maria Stewardship Community District" means the
585	unit of special and single purpose local government created and
586	chartered by this Act, including the creation of its charter,
587	and limited to the performance, in implementing its single
588	purpose, of those general and special powers authorized by its
589	charter under this Act, the boundaries of which are set forth by
590	the Act, the governing head of which is created and authorized
591	to operate with legal existence by this Act, and the purpose of
592	which is as set forth in this Act.
593	(f)  "Benefit special assessments" are District assessments
594	imposed, levied, and collected pursuant to the provisions of
595	section 4(14)(b).
596	(g)  "Board of Supervisors" or "board" means the governing
597	board of the District or, if such board has been abolished, the
598	board, body, or commission assuming the principal functions
599	thereof or to whom the powers given to the board by this Act
600	have been given by law.
601	(h)  "Bond" includes "certificate," and the provisions that
602	are applicable to bonds are equally applicable to certificates.
603	The term "bond" includes any general obligation bond, assessment
604	bond, refunding bond, revenue bond, and other such obligation in
605	the nature of a bond as is provided for in this Act.
606	(i)  "Developed urban area" means any reasonably compact
607	urban area.
608	(j)  "Cost" or "costs," when used with reference to any
609	project, includes, but is not limited to:
610	1.  The expenses of determining the feasibility or
611	practicability of acquisition, construction, or reconstruction.
612	2.  The cost of surveys, estimates, plans, and
613	specifications.
614	3.  The cost of improvements.
615	4.  Engineering, fiscal, and legal expenses and charges.
616	5.  The cost of all labor, materials, machinery, and
617	equipment.
618	6.  The cost of all lands, properties, rights, easements,
619	and franchises acquired.
620	7.  Financing charges.
621	8.  The creation of initial reserve and debt service funds.
622	9.  Working capital.
623	10.  Interest charges incurred or estimated to be incurred
624	on money borrowed prior to and during construction and
625	acquisition and for such reasonable period of time after
626	completion of construction or acquisition as the board may
627	determine.
628	11.  The cost of issuance of bonds pursuant to this Act,
629	including advertisements and printing.
630	12.  The cost of any bond or tax referendum held pursuant
631	to this Act and all other expenses of issuance of bonds.
632	13.  The discount, if any, on the sale or exchange of
633	bonds.
634	14.  Administrative expenses.
635	15.  Such other expenses as may be necessary or incidental
636	to the acquisition, construction, or reconstruction of any
637	project, or to the financing thereof, or to the development of
638	any lands within the District.
639	16.  Payments, contributions, dedications, and any other
640	exactions required as a condition of receiving any government
641	approval or permit necessary to accomplish any District purpose.
642	(k)  "District" means the Ave Maria Stewardship Community
643	District.
644	(l)  "District manager" means the manager of the District.
645	(m)  "District roads" means highways, streets, roads,
646	alleys, sidewalks, landscaping, storm drains, bridges, and
647	thoroughfares of all kinds.
648	(n)  "General obligation bonds" means bonds which are
649	secured by, or provide for their payment by, the pledge of the
650	full faith and credit and taxing power of the District, in
651	addition to those special taxes levied for their discharge and
652	such other sources as may be provided for their payment or
653	pledged as security under the resolution authorizing their
654	issuance, and for payment of which recourse may be had against
655	the general fund of the District.
656	(o)  "Governing board member" means any member of the Board
657	of Supervisors.
658	(p)  "Land development regulations" means those regulations
659	of general purpose local government, adopted under the Florida
660	Local Government Comprehensive Planning and Land Development
661	Regulations Act, Florida's Growth Management Act, and chapter
662	163, Florida Statutes, as amended from time to time, to which
663	the District is subject and as to which the District may not
664	doing anything that is inconsistent. Land development
665	regulations shall not mean specific management engineering,
666	planning, and other criteria and standards needed in the daily
667	management, implementation, and provision by the District of
668	basic systems, facilities, services, works, improvements,
669	projects, or infrastructure, including design criteria and
670	standards, so long as they remain subject to and are not
671	inconsistent with the Collier County Growth Management Plan and
672	applicable land development regulations.
673	(q)  "Landowner" means the owner of a freehold estate as it
674	appears on the deed record, including a trustee, a private
675	corporation, and an owner of a condominium unit. Landowner does
676	not include a reversioner, remainderman, mortgagee, or any
677	governmental entity who shall not be counted and need not be
678	notified of proceedings under this Act. Landowner also means the
679	owner of a ground lease from a governmental entity, which
680	leasehold interest has a remaining term, excluding all renewal
681	options, in excess of 50 years.
682	(r)  "General-purpose local government" means a county,
683	municipality, or consolidated city-county government.
684	(s)  "Maintenance special assessments" are assessments
685	imposed, levied, and collected pursuant to the provisions of
686	section 4(14)(d).
687	(t)  "Non-ad valorem assessment" means an assessment levied
688	and imposed by the Board of Supervisors of the Ave Maria
689	Stewardship Community District that are not based upon millage
690	and that constitutes, pursuant to the provisions of this Act,
691	first lien imposed on the property subject thereto, coequal with
692	any lien imposed by the state, county, municipality, or school
693	board:
694	1.  If, pursuant to general law, nonmillage and non-ad
695	valorem taxes, limited expressly and only to certain maintenance
696	taxes provided for expressly in the District charter as created
697	by this Act that are not ad valorem taxes and are not special
698	assessments.
699	2.  If an assessment that is not a tax and is a special
700	assessment levied and imposed by the Board of Supervisors of the
701	District pursuant to an informed and nonarbitrary determination
702	by the Board of Supervisors that the system, facility, or
703	service will provide, as a logical connection to the applicable
704	parcels of property, a special benefit peculiar to the property,
705	different in kind and degree than a general benefit and,
706	further, that the duty to pay per parcel will be apportioned in
707	a manner that is fair and reasonable, and that may be known as
708	an assessment, special assessment, maintenance assessment, or
709	benefit assessment. The levy of a maintenance assessment to
710	maintain a system or facility constructed and financed a by
711	special assessment levied by the District may be based on the
712	assessment methodology by which a construction special
713	assessment is levied but upon a determination that a maintenance
714	special assessment also provides a special and peculiar benefit
715	to the property and is apportioned in a manner that is fair and
716	reasonable.
717	3.  If an assessment is levied, imposed, or equalized by
718	the Board of Supervisors by rule of the District.
719	(u)  "Powers" means powers used and exercised by the Board
720	of Supervisors to accomplish the single, limited, and special
721	purpose of the District including:
722	1.  "General powers" means those organizational and
723	administrative powers of the District as provided in its charter
724	in order to carry out its single special purpose as a local
725	government public corporate body politic.
726	2.  "Special powers" means those powers enumerated by the
727	District charter to implement its specialized systems,
728	facilities, services, projects, improvements, and infrastructure
729	and related functions in order to carry out its single
730	specialized purpose.
731	3.  Any other powers, authority, or function set forth in
732	this Act.
733	(v)  "Project" means any development, improvement,
734	property, power, utility, facility, enterprise, service, system,
735	works, or infrastructure now existing or hereafter undertaken or
736	established under the provisions of this Act.
737	(w)  "Qualified elector" means any person at least 18 years
738	of age who is a citizen of the United States, a legal resident
739	of Florida and of the District and who registers to vote with
740	the Supervisor of Elections in Collier County.
741	(x)  "Refunding bonds" means bonds issued to refinance
742	outstanding bonds of any type and the interest and redemption
743	premium thereon. Refunding bonds shall be issuable and payable
744	in the same manner as refinanced bonds, except that no approval
745	by the electorate shall be required unless required by the State
746	Constitution.
747	(y)  "Revenue bonds" means obligations of the District that
748	are payable from revenues, including, but not limited to,
749	special assessments and benefit special assessments derived from
750	sources other than ad valorem taxes on real or tangible personal
751	property and that do not pledge the property, credit, or general
752	tax revenue of the District.
753	(z)  "Sewer system" means any plant, system, facility, or
754	property, and additions, extensions, and improvements thereto at
755	any future time constructed or acquired as part thereof, useful
756	or necessary or having the present capacity for future use in
757	connection with the collection, treatment, purification, or
758	disposal of sewage, including, but not limited to, industrial
759	wastes resulting from any process of industry, manufacture,
760	trade, or business or from the development of any natural
761	resource. Sewer system also includes treatment plants, pumping
762	stations, lift stations, valves, force mains, intercepting
763	sewers, laterals, pressure lines, mains, and all necessary
764	appurtenances and equipment; all sewer mains, laterals, and
765	other devices for the reception and collection of sewage from
766	premises connected therewith; and all real and personal property
767	and any interest therein, rights, easements, and franchises of
768	any nature relating to any such system and necessary or
769	convenient for operation thereof.
770	(aa)  "Special assessments" shall mean assessments as
771	imposed, levied, and collected by the District for the costs of
772	assessable improvements pursuant to the provisions of this Act,
773	chapter 170, Florida Statutes, as amended from time to time, and
774	the additional authority under section 197.3631, Florida
775	Statutes, as amended from time to time, or other provisions of
776	general law, now or hereinafter enacted, which provide or
777	authorize a supplemental means to impose, levy, and collect
778	special assessments.
779	(bb)  "Taxes" or "tax" means those levies and impositions
780	of the Board of Supervisors that support and pay for government
781	and the administration of law and that may be:
782	1.  Ad valorem or property taxes based upon both the
783	appraised value of property and millage, at a rate uniform
784	within the jurisdiction;
785	2.  If and when authorized by general law, non-ad valorem
786	maintenance taxes not based on millage that are used to maintain
787	District systems, facilities, and services.
788	(cc)  "Urban area" means a developed and inhabited urban
789	area within the District within a minimum acreage resident
790	population density of least 1.5 persons per acre as defined by
791	the latest official census, special census, or population
792	estimate, a minimum density of one single-family home per 2.5
793	acres with access to improved roads, or a minimum density of one
794	single-family home per 5 acres within a recorded plat
795	subdivision.  Urban areas shall be designated by the Board of
796	Supervisors with the assistance of all general purpose local
797	governments having jurisdiction over the area within the
798	jurisdiction of the District.
799	(dd)  "Water system" means any plant, system, facility, or
800	property, and any addition, extension, or improvement thereto at
801	any future time constructed or acquired as a part thereof,
802	useful, necessary, or having the present capacity for future use
803	in connection with the development of sources, treatment,
804	purification, or distribution of water. Water system also
805	includes dams, reservoirs, storage tanks, mains, lines, valves,
806	pumping stations, laterals, and pipes for the purpose of
807	carrying water to the premises connected with such system, and
808	all rights, easements, and franchises of any nature relating to
809	any such system and necessary or convenient for the operation
810	thereof.
811	(7)  Policy.--Based upon its findings, ascertainments,
812	determinations, intent, purpose, and definitions, the
813	Legislature states its policy expressly:
814	(a)  The District and the District charter, with its
815	general and special powers, as created in this Act, are
816	essential and the best alternative for the unique location and
817	nature of the new community for academic, residential,
818	commercial, and other community uses, projects, or functions in
819	the Rural Lands Stewardship Area Overlay of eastern Collier
820	County consistent with and designed to enhance the Stewardship
821	Overlay Program and to serve a lawful public purpose.
822	(b)  The District which is a local government and a
823	corporate body politic is limited to its single, narrow, and
824	special purpose as expressed in this Act, with the power to
825	provide, plan, implement, construct, maintain, and finance as a
826	local government management entity its basic systems,
827	facilities, services, improvements, infrastructure, and projects
828	and possessing financing powers to fund its management power
829	over the long term and with sustained levels of high quality
830	commensurate with the Stewardship Overlay.
831	(c)  This Act may be amended only by special act of the
832	Legislature in whole or in part.
833	Section 3.  Minimum general law requirements; creation and
834	establishment; boundaries; jurisdiction; construction; charter
835	with legal description.--
836	(1)  Pursuant to section 189.404(3), Florida Statutes, the
837	Legislature sets forth that the minimum requirements in
838	paragraphs (a) through (o) have been met in the identified
839	provisions of this Act as follows:
840	(a)  The purpose of the District is stated in the Act in
841	section 2, subsection (5).
842	(b)  The powers, functions, and duties of the District are
843	generally in section 4, subsection (3) paragraphs (g) and (h)
844	and subsections (5)-(16), (18), (19), (21), (25), and (32) as to
845	which:
846	1.  Taxation provisions are set forth in section 2,
847	subsection (6), paragraph (bb); section 4, subsection (3),
848	paragraph (h), subsection (14), paragraphs (a), (c), (f), (g)
849	and (i), and subsections (17), (18), and (19).
850	2.  Bond issuance provisions are set forth generally in
851	section 2; section 4, subsection (8), paragraph (d), subsections
852	(10)-(13), and subsection (16), paragraphs (b) and (c).
853	3. Provisions regarding the other revenue raising
854	capabilities are set forth in section 2, subsection (6),
855	paragraphs (b), (d), (s), (t), and (aa); section 4, subsection
856	(10) and (11), subsection (14), paragraphs (b), (d), (e), (h),
857	(i), and (j), and subsections (15) and (16).
858	4.  Provisions regarding fees, rentals, and charges are in
859	section 2, subsection (6); and section 4, subsection (8),
860	paragraph (i) and subsections (22)-(25).
861	5.  Provisions regarding budget preparation and approval
862	are in section 4, subsections (5), (6), and (9).
863	6.  Provisions regarding liens and foreclosures of liens
864	are in section 4, subsection (14), paragraphs (f), (g), (h), and
865	(i), and subsections (15), (17), (18), and (19).
866	7.  Provisions regarding the use of tax deeds and tax
867	certificates as appropriate for non-ad valorem assessments are
868	set forth in section 4, subsection (8), paragraph (o),
869	subsection (14), paragraphs (b), (c), (d), (e), (f), (h), and
870	(i), and subsection (15).
871	8.  Provisions regarding contractual agreements are in
872	section 4, subsection (8), paragraphs (c), (l), (p), and (r),
873	and subsection (9), paragraphs (k), (o), (p), (s), (t), (v), and
874	(w).
875	(c)  The provisions for methods for establishing the
876	District are in section 2, subsection (2), paragraph (b);
877	section 3; and effective as provided in section 6.
878	(d)  The methods for amending the charter of the District
879	are set forth in section 2, subsection (7), paragraph (c);
880	section 3, subsection (4); and section 4, subsection (28).
881	(e)  The provisions regarding aspects of the governing
882	board are as follows:
883	1.  Provisions for the membership of the governing board
884	are in section 4, subsection (3), paragraph (b) and subsection
885	(4), paragraph (c).
886	2.  Provisions regarding the organization of the governing
887	board are in section 4, subsection (3), paragraphs (b)-(d) and
888	subsection (4), paragraph (c).
889	3.  Provisions regarding the requirement of five board
890	members are in section 4, subsection (3), paragraph (b), and
891	subsection (4), paragraph (c), subparagraph 1.
892	4.  The provisions regarding the quorum of the governing
893	board are in section 4, subsection (3), paragraph (b), and
894	subsection (4) paragraph (c), subparagraph 1, sub-subparagraph
895	e.
896	(f)  The provisions regarding maximum compensation of each
897	board member are in section 4, subsection (4), paragraph (c),
898	and in particular in subparagraph 1., sub-subparagraph h.;
899	section 4, subsection (4), paragraph (c), subparagraph 1., sub-
900	subparagraph h.
901	(g)  The provisions regarding the administrative duties of
902	the governing board are found in section 4, subsections (5)-(8).
903	(h)  The provisions applicable to financial disclosure,
904	noticing, and reporting requirements for:
905	1.  Financial disclosure are in section 4, subsections (6)
906	and (7).
907	2.  The provisions regarding voting are found in section 4,
908	subsections (3) and (4).
909	3.  Reporting requirements are in section 4, subsections
910	(5)-(7) and subsection (31).
911	(i)  The provisions regarding procedures and requirements
912	for issuing bonds are:
913	1.  For issuing bonds are in section 4, subsection (12),
914	particularly in paragraphs (a), (b), (i), (k), and (l), and
915	related provisions regarding trust agreements are in subsection
916	(13).
917	2.  For issuing bonds are in section 4, subsection (12),
918	particularly in paragraphs (c)-(q) and subsection (13).
919	(j)  The provisions regarding elections or referenda are:
920	1.  For procedures for elections are in section 4,
921	subsections (3) and (4), and provisions regarding referenda are
922	in subsection (14), paragraph (a).
923	2.  For qualifications of an elector of the District, a
924	qualified elector, are in section 2, subsection (6), paragraph
925	(w); and section 4, subsection (3), paragraphs (b) and (c).
926	3.  For referenda are in section 4, subsection (4),
927	paragraph (b).
928	(k)  The provisions regarding methods for financing the
929	District are generally in section 4, subsections (10), (11),
930	(14), (15), (16), (17), (18), and (19).
931	(l)  Other than taxes levied for the payment of bonds and
932	taxes levied for periods not longer than 2 years when authorized
933	by vote of the electors of the District, the provisions for:
934	1.  The authority to levy ad valorem tax is in section 4,
935	subsection (14), paragraph (a) and subsection (3), paragraph
936	(h); and section 2, subsection (6) paragraph (bb) subparagraph
937	1.
938	2.  The authorized millage rate is in section 4, subsection
939	(14), paragraph (a).
940	(m)  The provisions for the method or methods of collecting
941	non-ad valorem assessments, fees, or service charges are:
942	1.  For collecting non-ad valorem assessments in section 4,
943	subsection (14), paragraphs (b), (c), (d), (e), (h), and (i) and
944	subsection (15).
945	2.  For collecting fees and service charges in section 4,
946	subsection (22).
947	(n)  The provisions for planning requirements are as
948	limited by the provisions of section 2 and section 3, as limited
949	further by section 4, subsections (8) and (9).
950	(o)  The provisions for geographic boundary limitations of
951	the District are set forth in section 3, subsection (2)-(4); and
952	section 4, subsection (2).
953	(2)  Creation and establishment.--The Ave Maria Stewardship
954	Community District, which may also be referred to and be known
955	as the "Stewardship Community District," "Ave Maria District,"
956	or "District" is created and incorporated as a public body,
957	corporate and politic, an independent, limited, special, and
958	single purpose local government, an independent special
959	district, under section 189.404, Florida Statutes, as amended
960	from time to time, and as defined in this Act and in section
961	189.403(3), Florida Statutes, as amended from time to time, in
962	and for eastern Collier County. Any amendments to chapter 190,
963	Florida Statutes, after January 1, 2004, granting additional
964	general powers, special powers, authorities, or projects to a
965	community development district by amendment to its uniform
966	charter, sections 190.006-190.041, Florida Statutes, shall
967	constitute a general power, special power, authority, or
968	function of the Ave Maria Stewardship Community District.
969	Because all notices for the enactment by the Legislature of this
970	Act, a special act, have been provided pursuant to the State
971	Constitution, the Laws of Florida, and the Rules of the Florida
972	House of Representatives and of the Florida Senate, and because
973	Collier County is not a charter county, no referendum subsequent
974	to the effective date of this Act is required.  The District, as
975	created by this Act, is established on the property pursuant to
976	section 6 and section 4(3).
977	(3)  The territorial boundary of the District shall embrace
978	and include, without reservation or enclave, all of that certain
979	real property described legally in the following section 4(2).
980	(4)  The jurisdiction of this District, in the exercise of
981	its general and special powers, and in the carrying out of its
982	single, narrow, and special purpose, is both within the external
983	boundaries of the legal description of this District and
984	extraterritorially when limited to, and as authorized expressly
985	elsewhere in, the charter of the District as created in this Act
986	or applicable general law. This single purpose District is
987	created as a public body corporate and politic and local
988	government authority and power is limited by its charter, this
989	Act, and subject to the provisions of other general laws,
990	including chapter 189, Florida Statutes, except that an
991	inconsistent provision in this Act shall control and the
992	District has jurisdiction to perform such acts and exercise such
993	projects, functions, and powers as shall be necessary,
994	convenient, incidental, proper, or reasonable for the
995	implementation of its limited, single, and specialized purpose
996	regarding the sound planning, provision, acquisition,
997	development, operation, maintenance, and related financing of
998	those public systems, facilities, services, improvements,
999	projects, and infrastructure works as authorized herein
1000	including those necessary and incidental thereto.
1001	(5)  Exclusive charter.--The exclusive charter of the "Ave
1002	Maria Stewardship Community District" is this Act and may be
1003	amended only by special act of the Legislature.
1004	Section 4.  Disposition of sections 2 and 3; legal
1005	description; exclusive charter of the Ave Maria Stewardship
1006	Community District.--
1007	(1)  EXCLUSIVE CHARTER.--This Act constitutes the exclusive
1008	charter of the Ave Maria Stewardship Community District.
1009	(2)  LEGAL DESCRIPTION.  The metes and bounds legal
1010	description of the District, within which there are no enclaves
1011	or parcels of property owned by those who do not wish their
1012	property to be included within the District, is as follows:
1013
1014	METES AND BOUNDS DESCRIPTION
1015	DESCRIPTION OF PART OF SECTIONS 21, 22, 27, 28, 29,
1016	30, AND 33
1017	AND ALL OF SECTIONS 31 AND 32, TOWNSHIP 47 SOUTH,
1018	RANGE 29 EAST,
1019	AND
1020	PART OF SECTIONS 4, 9, 16, 17, AND 18
1021	AND ALL OF SECTIONS 5, 6, 7, AND 8, TOWNSHIP 48 SOUTH,
1022	RANGE 29 EAST,
1023	AND
1024	PART OF SECTIONS 1, 12 AND 13, TOWNSHIP 48 SOUTH,
1025	RANGE 28 EAST,
1026	AND
1027	ALL OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST,
1028	COLLIER COUNTY, FLORIDA
1029
1030	COMMENCING AT the NORTHWEST CORNER OF SECTION 27,
1031	TOWNSHIP 47 SOUTH, RANGE
1032	29 EAST, COLLIER COUNTY, FLORIDA.
1033	THENCE ALONG THE NORTH LINE OF SAID SECTION 27 NORTH
1034	89°42'22" EAST 40.00 FEET TO THE INTERSECTION WITH THE
1035	THE WEST RIGHT-OF-WAY LINE OF CAMP KEIAS ROAD (80'
1036	RIGHT-OF-WAY) AND THE POINT OF BEGINNING OF THE PARCEL
1037	HEREIN DESCRIBED:
1038	THENCE ALONG SAID RIGHT-OF-WAY LINE IN THE FOLLOWING
1039	TWENTY FOUR (24) DESCRIBED COURSES;
1040	1)  SOUTH 00°15'32" EAST 4936.39 FEET;

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