HB 1625

1	A bill to be entitled
2	An act relating to the Ave Maria Stewardship Community
3	District, Collier County; providing a popular name;
4	creating the Ave Maria Stewardship Community District;
5	providing for findings, determinations, ascertainments,
6	intent, purpose, definitions, and policy; creating the
7	charter of the District; providing for authority and
8	jurisdiction; creating the District as a special, limited,
9	and single-purpose independent district, an independent
10	local government and corporate body politic, to provide
11	community development infrastructure to the Ave Maria
12	community development in that certain portion of the
13	unincorporated area of the Collier County political
14	subdivision within and subject to the Growth Management
15	Plan and the Rural Lands Stewardship Area Zoning Overlay
16	District in Eastern Collier County; prescribing and fixing
17	the boundaries of the District; providing for election of
18	a Board of Supervisors and terms of office and powers and
19	duties thereof; requiring certain financial reports;
20	providing for disclosure of public financing information;
21	authorizing and providing for the levy and collection of
22	taxes; authorizing special powers relating to water
23	management and control, roads and bridges, and other
24	public facilities; providing for the issuance of bonds and
25	short-term borrowing; providing procedures for competitive
26	procurement of goods, supplies, and materials; providing
27	for enforcement of provisions of the Act and providing
28	penalties for violation thereof; providing for the
29	applicability of provisions of chapter 189, Florida
30	Statutes, and other general laws; providing for
31	severability; providing an effective date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  Popular name.--This Act may be known by the
36	popular name the "Ave Maria Stewardship Community District Act."
37	Section 2.  Preamble.--Legislative findings,
38	ascertainments, determinations, intent, purpose, definitions,
39	and policy.--
40	(1)  Legislative findings.--
41	(a)  The eastern area of unincorporated Collier County is
42	unique and special with natural resources that need protection
43	and with the need to retain a viable agricultural system while
44	protecting private property rights and promoting a sound
45	economy.
46	(b)  Collier County, with the approval of the Governor and
47	members of the Cabinet, sitting as the Florida Land and Water
48	Adjudicatory Commission, established a designated Rural Lands
49	Stewardship Area Zoning Overlay District in order to implement
50	an innovative, specialized, and incentive-based Collier County
51	Rural Lands Stewardship Area Overlay as part of the Collier
52	County Growth Management Plan.
53	(c)  In implementing both protection of natural resources
54	and retention of viable agriculture, the Rural Lands Stewardship
55	Area District Overlay promotes compact rural mixed-used
56	development as an alternative to low-density single use
57	development and establishes a system of generating Stewardship
58	Credits in a designated Stewardship Sending Area and
59	transferring them to a designated Stewardship Receiving Area
60	within which new town communities may be created and developed
61	with a full range of housing types and a full mix of uses with
62	urban level services and infrastructure which support
63	specialized development that is compact, mixed-use, human-scale,
64	and balances land uses to reduce automobile trips and to
65	increase livability.
66	(d)  This comprehensive system anticipates new land uses to
67	include unincorporated new town community development and the
68	related highly specialized provision of basic infrastructure
69	systems, facilities, and services.
70	(e)  Barron Collier Company has made available
71	approximately 905 acres to the Ave Maria University Foundation
72	for the institution and operation of a private university known
73	as Ave Maria University with a full slate of undergraduate,
74	graduate, and professional programs with related cultural,
75	recreational, and other activities, benefits, and programs for
76	providing teaching, research, and public service to southwest
77	Florida, the State of Florida, and the nation.
78	(f)  The initial landowners also own, immediately and
79	adjacent to and surrounding the Ave Maria University, lands upon
80	which they are building a university-oriented new town community
81	consistent with the Collier County Growth Management Plan and
82	Land Development Code.
83	(g)  Within and subject to this the Growth Management Plan
84	and Land Development Code and its Rural and Stewardship Area
85	Zoning Overlay District within a designated Stewardship
86	Receiving Area, the new town community surrounding the private
87	university requires appropriate compact, balanced, and rural
88	mixed-use development at a human scale with the required
89	innovative balance of such importance to the Stewardship Overlay
90	Area.
91	(h)  In particular:
92	1.  Creating a university new town community in the
93	Stewardship Overlay Area of Eastern Collier County requires a
94	critical coinciding of existing and future land use with
95	provision of capital facilities and related systems and
96	services, based upon timely, flexible, and specialized
97	management of critical factors and sequential events, balancing
98	between the interests of private enterprise, agriculture,
99	private citizens, taxpayers, consumers, the environment, the
100	economy, the initial landowners, and all applicable levels of
101	government.
102	2.  As evidenced by the Stewardship Overlay Program, all
103	the applicable public and private persons and entities have
104	invested and expended substantial time and moneys to generate
105	both the Stewardship Overlay Area portions of the Growth
106	Management Plan and the existing and future consistent specific
107	regulatory and comprehensive planning entitlements and
108	consistent land development regulations for the identification,
109	preparation, and development of a new town community.
110	3.  Creating such a new town community around the
111	university and using a single special purpose independent
112	district constitute innovative planning and flexible development
113	strategies pursuant to section 163.3177(11), Florida Statutes,
114	as amended from time to time, and Rule 9J-5.006(5)(l), Florida
115	Administrative Code, as amended from time to time, to minimize
116	the conversion of rural and agricultural lands to other uses to
117	discourage urban sprawl and to protect environmentally sensitive
118	areas, while maintaining the economic viability of agricultural
119	and other predominately rural land uses and providing for the
120	cost-efficient delivery of public facilities and services as
121	provided expressly in the Rural Lands Stewardship Area Land
122	Development Regulations, section 2.2.27.10.C.
123	(i)  There is in particular a special need to use a
124	specialized and limited single-purpose independent special
125	district unit of local government for the Ave Maria Community:
126	1.  To prevent urban sprawl by providing, sustaining, and
127	supporting freestanding infrastructure and by preventing
128	needless and counterproductive community development when the
129	existing urban area is not yet developed.
130	2.  To prevent the needless duplication, fragmentation, and
131	proliferation of local government services in a proposed land
132	use area.
133	(j)  Management of conservation, environmental,
134	agricultural, and economic challenges and opportunities in this
135	area of Eastern Collier County transcends the boundaries and
136	responsibilities of both private landowners and individual units
137	of government so that no one single public or private entity or
138	person can plan or implement policies to deal with the many
139	issues which attend the provision of basis systems, facilities,
140	and services to the area to be managed in Eastern Collier County
141	in order to provide for both a new university and a new town
142	academic community in the Stewardship area.
143	(k)  It is the expressed set of findings of the Legislature
144	further that:
145	1.  There is a considerably long period of time during
146	which there is an inordinate burden on the initial landowners of
147	both the land area for the private Ave Maria University and its
148	surrounding new town university community because of the
149	innovative, special, and unique requirements in the Growth
150	Management Plan for the Stewardship Receiving Area that deal
151	specifically with flexible management and related sequencing,
152	timing, and financing of the various systems, facilities, and
153	services to be provided to the new town community and that take
154	into consideration absorption rates, commercial viability, and
155	related factors.
156	2.  Even as the community matures, there is a continuing
157	need for landowners, both initial and subsequent, to bear
158	burdens that remain relatively inordinate in order to preserve
159	such benefits for Eastern Collier County as the unique
160	environmental and economic purpose of the new town community in
161	this Stewardship Receiving Area.
162	3.  Longer involvement of the initial landowner with regard
163	to the provision of basic systems, facilities, and services in
164	the Rural Lands Stewardship Overlay, coupled with a severely
165	limited and highly specialized single purpose of the District,
166	is in the public interest.
167	4.  Any public or private system to provide basic
168	infrastructure improvements, systems, facilities, and services
169	to this new Ave Maria community in the Stewardship Overlay Area
170	of Eastern Collier County must be focused on an unfettered,
171	highly specialized, innovative, responsive, and accountable
172	mechanism to provide the components of infrastructure at
173	sustained levels of high quality over the long term only when
174	and as needed for such a unique community in such a unique area.
175	5.  There is a critical need to maintain such provision of
176	such systems, facilities, and services to the Ave Maria
177	community because of the unique location and attributes of the
178	Stewardship Overlay Area, coupled with the unique purpose and
179	location of this new academic community, subject to, and not
180	inconsistent with, the state, regional, and local requirements
181	which attend implementation of the state plan, the Stewardship
182	Overlay for the Stewardship Receiving Area, and the Collier
183	County Growth Management Plan.
184	6.  This need is met by coinciding the use and special
185	attributes of various public and private alternatives for the
186	provision of infrastructure to such a community development,
187	including:
188	a.  The public policy and related implementing zoning,
189	permitting, and planning expertise, interests, and capabilities
190	of state and regional government and of the Collier County
191	general purpose local government;
192	b.  The flexible, limited, focused, and locally accountable
193	management and related financing capabilities of independent
194	special purpose local government; and
195	c.  The innovative development and marketing private sector
196	expertise of the initial landowners, developers, and other
197	components of private enterprise;
198	7.  The specialized financing and revenue procedures for
199	the levy and imposition of first-lien assessments, by a variety
200	of names, must be disclosed, followed, noticed, fair,
201	nonarbitrary, informed, reasonable, and accountable and that
202	they must be set forth dispositively.
203	(l)  That the existence and use of such a limited
204	specialized single purpose local government for the Ave Maria
205	community, subject both to the Rural Lands Stewardship Overlay
206	Area District and to the Collier County Growth Management Plan,
207	will result in a high propensity:
208	1.  To prevent urban sprawl, protect and to preserve
209	environmental, conservation, and agricultural uses and assets
210	and to enhance the high quality use of the applicable
211	Stewardship Receiving Area.
212	2.  To enhance the market value for both present and future
213	landowners of the property consistent with the need to protect
214	private property rights in the Stewardship Overlay.
215	3.  To enhance the net economic benefit to the Collier
216	County area, including an enhanced and well maintained tax base
217	to the benefit of all present and future taxpayers in Collier
218	County.
219	4.  To share the costs for providing such basic systems,
220	facilities and services in an innovative, sequential, and
221	flexible manner within the Ave Maria new town community to be
222	serviced by the Stewardship Community District.
223	(2)  Ascertainments.--Based upon these findings, the
224	Legislature has learned and ascertains:
225	(a)  There are two public government alternatives and one
226	private alternative available to plan, construct, maintain, and
227	finance the provision of systems, facilities, and services in
228	and subject to the Stewardship Overlay:
229	1.  One of the public or governmental alternatives is by
230	the Board of County Commissioners within the Collier County
231	political subdivision which can provide certain basic systems,
232	facilities, and services directly, or with management by its
233	staff with financing through either a municipal service taxing
234	unit for ad valorem taxes or municipal service benefit for
235	assessments, or indirectly, by nonemergency ordinance use of a
236	dependent district.
237	2.  The second public alternative is use of an independent
238	special district.
239	3.  The private alternative is the private landowner, a
240	private homeowners' association, a private utility, a private
241	business corporation or partnership, or a combination of these
242	various private alternatives.
243	(b)  Planning, permitting, and creating the Ave Maria
244	University new town community and using the independent
245	specialized single purpose Ave Maria Stewardship Community
246	District created by this Act are consistent with and implement
247	both the Collier County Growth Management Plan and Land
248	Development Code and also the following long-standing and
249	expressed policies of the state:
250	1.  To allow the creation of independent special taxing
251	districts which have uniform general law standards and
252	procedures and which do not overburden other local governments
253	and their taxpayers while preventing the proliferation of
254	independent special taxing districts which do not meet the
255	standards set forth in section 187.201(20)(b)2., Florida
256	Statutes.
257	2.  To encourage the development of local water supplies,
258	pursuant to section 187.201(7)(b)3., Florida Statutes.
259	3.  To recognize the existence of legitimate and often
260	competing public and private interests and land use regulations
261	and other government action, pursuant to section 187.201(14)(a),
262	Florida Statutes, as provided for expressly in the Stewardship
263	Overlay Program.
264	4.  Consistent with the Stewardship Overlay Program, to
265	recognize the importance of preserving natural resources and
266	enhancing quality of life by development in those areas where
267	land and water resources, fiscal abilities, and service capacity
268	can accommodate the land use and growth in a manner that is
269	environmentally acceptable, pursuant to section 187.201(15)(a),
270	Florida Statutes.
271	5.  To allocate costs of new public facilities on the basis
272	of benefits received by existing and future residents while
273	planning for the management and financing of new facilities to
274	serve residents in a timely, orderly, and efficient manner,
275	pursuant to section 187.201(17)(a) and (b)3., Florida Statutes.
276	6.  To encourage local government financial self-
277	sufficiency in providing public facilities and in identifying
278	and implementing physically sound, innovative, and cost-
279	effective techniques to provide and finance public facilities
280	while encouraging development, use, and coordination of capital
281	improvement plans by all levels of government, pursuant to
282	section 187.201(17)(b)5., 6., and 7., Florida Statutes, and as
283	provided in the Stewardship Overlay Program.
284	7.  To increase access to, and to promote and provide
285	access for, cultural, historical and educational resources and
286	opportunities, pursuant to section 187.201(18)(a) and (b)1.,
287	Florida Statutes.
288	8.  To enhance and diversify the economy of the Collier
289	County area by promoting partnerships among education, business,
290	industry, agriculture, and the arts, provide opportunities for
291	training skilled employees for new and expanding businesses, and
292	promote self-sufficiency through training and educational
293	programs that result in productive employment pursuant to
294	section 187.201(21)(a) and (b)6., 7., and 8., Florida Statutes.
295	9.  To encourage and to enhance cooperation among
296	communities that have unique assets, irrespective of political
297	boundaries, to bring the private and public sectors together for
298	establishing an orderly, environmentally, and economically sound
299	plan for current and future needs and growth, pursuant to
300	section 187.201(b)8., Florida Statutes.
301	10.  To create independent special districts by or pursuant
302	to general law to ensure long-term management and related
303	financing, to meet the need in Florida for timely, efficient,
304	effective, responsive, innovative, accountable, focused, and
305	economical ways to deliver basic services to new communities to
306	solve the state's planning, management, and financing needs for
307	delivery of capital infrastructure in order in turn to provide
308	for projected growth only and to do so without overburdening
309	other governments and their taxpayers, pursuant to section
310	189.402, Florida Statutes, so that providing to the Ave Maria
311	community basic systems, facilities, and services by independent
312	special districts remains pursuant to uniform general law and
313	section 189.402(3)(a) and (c), Florida Statutes.
314	11.  To ensure that those independent districts and the
315	exercise of their powers are consistent and comply with
316	applicable due process, disclosure, accountability, ethics, and
317	government-in-the-sunshine requirements of law, both to the
318	independent districts and to their elected and appointed
319	officials, pursuant to section 189.402(3)(b), Florida Statutes,
320	because independent special districts are a legitimate
321	alternative method available for use by both the public and
322	private sectors to manage, own, operate, construct, and finance
323	basic capital infrastructure systems, facilities, and services,
324	pursuant to section 189.402(4)(a), Florida Statutes.
325	12.  To ensure that an independent special district is
326	created to serve a special purpose to cooperate and to
327	coordinate its activities with the applicable general purpose
328	local government because aspects of growth and development
329	transcend boundaries and responsibilities of individual units of
330	government so that no single unit of government can plan or
331	implement policies to deal with these issues unilaterally as
332	effectively, pursuant to section 189.402(7) and (8), Florida
333	Statutes.
334	(c)  Construction and operation of the Ave Maria
335	University, the development of the new town university
336	community, and the use of the special and single purpose
337	independent district are not inconsistent with the Collier
338	County Comprehensive Plan and the requirements of the
339	Stewardship Overlay and implement both.
340	(d)  This land area for the private university and its new
341	town community requires an independent, special, and single
342	purpose local government, in the form of an independent special
343	district as defined in section 189.403(3), Florida Statutes,
344	subject to all substantive and procedural limitations under
345	Florida law, including this Act, in order to constitute the
346	highly specialized alternative and viable growth management
347	mechanism appropriate for this unique Stewardship Overlay
348	available to both the private and public sectors.
349	(e)  Such a District requires timely, flexible, limited,
350	and specialized management and related financing capabilities
351	under its uniform state charter, created by this Act pursuant to
352	general law, in order to produce those flexible, innovative, and
353	highly specialized benefits to the new town university community
354	property in the Stewardship Receiving Area and to the
355	Stewardship Overlay in Eastern Collier County.
356	(f)  Such a District must have management capabilities to
357	provide pinpointed, focused, accountable, responsive, limited,
358	specialized, and low-overhead-based capability, authority, and
359	power to provide basic systems, facilities, and services to the
360	new university community development with economies of scale but
361	at sustained high levels of quality over the long term.
362	(g)  In order to be responsive to the critical timing
363	required through the exercise of its special management
364	functions, an independent district requires financing of those
365	functions, including bondable lienable and non-lienable revenue,
366	with full and continuing public disclosure and accountability,
367	funded by landowners, both present and future, and funded also
368	by users of the systems, facilities, and services provided to
369	the land area by the District, without burdening the taxpayers
370	and citizens of the state, of Collier County, or any
371	municipality in Collier County.
372	(h)  The provision of services by this independent district
373	must implement, be subject to, and function not inconsistent
374	with, any applicable provisions of the Stewardship Overlay Area
375	and related permitting and planning requirements of Collier
376	County and of the Collier County Comprehensive Plan and Land
377	Development Code.
378	(i)  The creation, existence, and operation of the Ave
379	Maria Stewardship Community District, as limited and specialized
380	to its single narrow purpose, will also:
381	1.  Constitute a public mechanism to translate the anti-
382	urban-sprawl requirements of the Stewardship Overlay into
383	reality;
384	2.  Constitute a disincentive for premature or
385	inappropriate municipal incorporation consistent with state law.
386	3.  Provide a mechanism for full and continuing disclosure
387	of how basic systems, facilities, and services are both managed
388	and financed, including full and continuing disclosure to both
389	prospective purchasers and all residents of public financing
390	related to any burdens of land ownership and any related burdens
391	on existing or future residents.
392	4.  Implement Rural Land Stewardship Area Zoning Overlay
393	District Regulation, section 2.2.27.10.L.4. because such an
394	independent single purpose special district is encouraged in the
395	Stewardship Receiving Area where the new town community and
396	university are located.
397	(j)  The Ave Maria Stewardship Community District is also a
398	mechanism to implement the Collier County Concurrency Management
399	System designed to coincide with, and to implement, both the
400	Collier County future land use element and the capital
401	improvements element for basic systems, facilities, and services
402	consistent with the best interests of the Ave Maria community in
403	the Stewardship Overlay.
404	(k)  By serving its single specialized purpose, the
405	District will not result in needless proliferation, duplication,
406	and fragmentation of local government systems, facilities, and
407	services in this area of Eastern Collier County.
408	(l)  Subject to its substantive and procedural limitations,
409	the Ave Maria Stewardship Community District will assist
410	directly in public and combined public and private planning and
411	coordination in order to achieve innovative solutions to the
412	needs and requirements in this unique academic new town
413	community located in this Stewardship Overlay Area of Eastern
414	Collier County.
415	(m)  Management of the timing and phasing of critical
416	sequential events, coordinated by the initial private landowner,
417	the private university, and the Board of County Commissioners of
418	Collier County is of fundamental importance and is the basis of
419	the inordinate burden on the initial landowner developer and on
420	the private university to enhance the Stewardship Overlay and to
421	implement its requirements.
422	(n)  The critical single purpose of the Ave Maria
423	Stewardship Community District to provide basic infrastructure
424	systems, facilities, services, works, and improvements to the
425	private Ave Maria university new town community is in the public
426	interest because it:
427	1.  Does not pass on taxes or profits to purchasers of
428	property or to landowners and residents within their
429	jurisdictions;
430	2.  Decreases the tendency toward short-term planning,
431	construction, and management considerations because the
432	elections for members of the government board are staggered;
433	3.  Is not influenced, guided, or limited by quarterly and
434	annual profit statements;
435	4.  Does not have police or regulatory powers;
436	5.  Does not have larger general purpose overhead
437	responsibilities;
438	6.  Is not subject to legitimate but countervailing fiscal,
439	economic, policy, and political considerations to which large
440	general-purpose local governments and large landowners and
441	developers would be subject in the natural course of events.
442	7.  Does not constitute needless duplication,
443	proliferation, or fragmentation of local government systems,
444	facilities, and services in Collier County;
445	8.  Shall operate and function subject to and not
446	inconsistent with the county comprehensive plan and not
447	inconsistent with, but rather shall enhance the purpose and
448	requirements of, the Rural Lands Stewardship Overlay with the
449	least overhead cost and the highest amount of public disclosure,
450	accountability, responsiveness, and productivity.
451	9.  Coincides its functions with the authority and best
452	interests of general purpose local government, the private
453	university, the private landowners, both present and future, the
454	taxpayers, the future residents, and the state in the provision
455	of needed infrastructure to the community at sustained levels of
456	quality over the long term.
457	10.  Provides highly accountable innovative systems,
458	facilities, and services close to the land and close to the
459	people to constitute expressly the stewardship of the lands of
460	the new community within and subject to the Stewardship Overlay
461	Area in Eastern Collier County and within its jurisdiction;
462	11.  Serves a land area that is amenable to separate
463	special district government.
464	12.  Serves a land area that is sufficiently compact and of
465	size sufficient for the functionally interrelated Ave Maria new
466	town community development.
467	13.  Serves a land area in which there is no existing local
468	or regional system, facility, or service with which creation and
469	operation of this District and the provision of its systems,
470	facilities, improvements, and infrastructure would be
471	incompatible.
472	14.  Will enhance the intrinsic value of the property and
473	the new community development, for the purpose of the
474	Stewardship Overlay, and be a sustaining source of public
475	revenue.
476	(o)  The independent district charter created in this Act
477	involves innovative general and special powers not otherwise
478	available for this unique and highly specialized first ever
479	academic Ave Maria new town community in such a unique multi-
480	faceted Rural Lands Stewardship Overlay.
481	(p)  The minimum requirements of general law or creation of
482	this District by special act have been met as confirmed and set
483	forth expressly in section 3(1).
484	(3)  Determinations.--Based upon its findings and
485	ascertainments, the Legislature states expressly and determines:
486	(a)  This Act represents the findings, ascertainments, and
487	determinations of the Legislature that creating the Ave Maria
488	Stewardship Community District, by special act, pursuant to
489	general law, is the best alternative as required by section
490	189.404(2)(e)3., Florida Statutes, because it meets
491	affirmatively the findings and ascertainments of this
492	Legislature set forth in this section.
493	(b)  The creation by this Act of the Ave Maria Stewardship
494	Community District in the Stewardship Overlay Area of Collier
495	County is consistent affirmatively with the Collier County local
496	government comprehensive plan.
497	(c)  The authority for this Act is pursuant to section
498	189.404, Florida Statutes, and the State Comprehensive Plan
499	pursuant to section 187.201, Florida Statutes.
500	(d)  The Board of County Commissioners of Collier County,
501	on October 28, 2003, adopted Resolution 2003-381, expressing no
502	objection to the creation and establishment of the Ave Maria
503	University Stewardship Community District and finding it
504	consistent with the Collier County local government
505	comprehensive plan as provided in section 189.404(a)(e)4.,
506	Florida Statutes.
507	(4)  Intent.--Based upon its findings, ascertainments, and
508	determinations, the Legislature expresses its intent:
509	(a)  To ensure that the creation and operation of the Ave
510	Maria Stewardship Community District by and pursuant to this
511	Act, exercising its management and related financing powers to
512	implement its limited, single, and special purpose, is not a
513	development order and does not trigger or invoke any provision
514	within the meaning of chapter 380, Florida Statutes, and all
515	applicable governmental planning, environmental, and land
516	development laws, regulations, rules, policies, and ordinances
517	apply to all development of the land within the jurisdiction of
518	the District as created by this Act.
519	(b)  That the District operate and function subject to, and
520	not inconsistent with, the Collier County Growth Management Plan
521	and Land Development Code and any applicable development orders,
522	zoning regulations, or other land development regulations.
523	(c)  That under this Act this special and single purpose
524	Ave Maria Stewardship Community District shall not have the
525	power of a general purpose local government to adopt a
526	comprehensive plan or related land development regulation as
527	those terms are defined in the Florida Local Government
528	Comprehensive Planning and Land Development Regulation Act.
529	(d)  That the charter for this District in the Act is
530	exclusive and may be amended only by the Legislature by
531	subsequent special act.  Any certain proposed amendment of this
532	Act which deals specifically, expressly, and only with section
533	2(4)(a), (b), and (c) shall not be considered by the Legislature
534	unless it is accompanied by a resolution of support by the
535	Collier County Board of County Commissioners provided that any
536	other amendment on any other subject or provision dealing with
537	any subject or provision in this Act does not require such
538	resolution.
539	(e)  That the Ave Maria Stewardship Community District
540	created by this Act constitutes an innovative mechanism for
541	long-term, sustained, quality public stewardship through the
542	planning, implementation, construction, management, and related
543	financing, of basic systems, facilities, services and
544	infrastructure projects for the mixed-use new town academic
545	community.
546	(f)  That, it is in the public interest that this limited,
547	independent, specialized, and single-purpose District have
548	perpetual existence subject only to legislative review as
549	provided in its charter as created by this Act so that it is not
550	in a position to outlive its usefulness.
551	(g)  That the exercise by this Ave Maria Stewardship
552	Community District of its powers to carry out its single purpose
553	under its charter as created by this Act is consistent with
554	applicable due process, disclosure, accountability, ethics,
555	conflicts of laws, government in the sunshine, competitive
556	procurement, including the employees of consultants, competitive
557	negotiation, and competitive bidding, both as to the government
558	entity itself and as to its appointed or elected officials as
559	required in this Act.
560	(5)  Purpose.--The limited, single, and specialized purpose
561	of the Ave Maria Stewardship Community District is to provide
562	community development systems, facilities, services, projects,
563	improvements, and infrastructure to the Ave Maria community by
564	exercising its various management powers, with related financing
565	powers, both general and special, as set forth by and limited by
566	its charter as created by this Act.
567	(6)  Definitions.--As used in this Act:
568	(a)  "Ad valorem bonds" means bonds which are payable from
569	the proceeds of ad valorem taxes levied on real and tangible
570	personal property and which are generally referred to as general
571	obligation bonds.
572	(b)  "Assessable improvements" means, without limitation,
573	any and all public improvements and community facilities that
574	the District is empowered to provide in accordance with this
575	Act, that provide a special benefit to property within the
576	District.
577	(c)  "Assessment bonds" means special obligations of the
578	District which are payable solely from proceeds of the special
579	assessments or benefit special assessments levied for assessable
580	improvements, provided that, in lieu of issuing assessment bonds
581	to fund the costs of assessable improvements, the District may
582	issue revenue bonds for such purposes payable from special
583	assessments.
584	(d)  "Assessments" means those nonmillage District
585	assessments which include special assessments, benefit special
586	assessments, and maintenance special assessments and a
587	nonmillage, non-ad valorem maintenance tax if authorized by
588	general law.
589	(e)  "Ave Maria Stewardship Community District" means the
590	unit of special and single purpose local government created and
591	chartered by this Act, including the creation of its charter,
592	and limited to the performance, in implementing its single
593	purpose, of those general and special powers authorized by its
594	charter under this Act, the boundaries of which are set forth by
595	the Act, the governing head of which is created and authorized
596	to operate with legal existence by this Act, and the purpose of
597	which is as set forth in this Act.
598	(f)  "Benefit special assessments" are District assessments
599	imposed, levied, and collected pursuant to the provisions of
600	section 4(14)(b).
601	(g)  "Board of Supervisors" or "board" means the governing
602	board of the District or, if such board has been abolished, the
603	board, body, or commission assuming the principal functions
604	thereof or to whom the powers given to the board by this Act
605	have been given by law.
606	(h)  "Bond" includes "certificate," and the provisions that
607	are applicable to bonds are equally applicable to certificates.
608	The term "bond" includes any general obligation bond, assessment
609	bond, refunding bond, revenue bond, and other such obligation in
610	the nature of a bond as is provided for in this Act.
611	(i)  "Developed urban area" means any reasonably compact
612	urban area.
613	(j)  "Cost" or "costs," when used with reference to any
614	project, includes, but is not limited to:
615	1.  The expenses of determining the feasibility or
616	practicability of acquisition, construction, or reconstruction.
617	2.  The cost of surveys, estimates, plans, and
618	specifications.
619	3.  The cost of improvements.
620	4.  Engineering, fiscal, and legal expenses and charges.
621	5.  The cost of all labor, materials, machinery, and
622	equipment.
623	6.  The cost of all lands, properties, rights, easements,
624	and franchises acquired.
625	7.  Financing charges.
626	8.  The creation of initial reserve and debt service funds.
627	9.  Working capital.
628	10.  Interest charges incurred or estimated to be incurred
629	on money borrowed prior to and during construction and
630	acquisition and for such reasonable period of time after
631	completion of construction or acquisition as the board may
632	determine.
633	11.  The cost of issuance of bonds pursuant to this Act,
634	including advertisements and printing.
635	12.  The cost of any bond or tax referendum held pursuant
636	to this Act and all other expenses of issuance of bonds.
637	13.  The discount, if any, on the sale or exchange of
638	bonds.
639	14.  Administrative expenses.
640	15.  Such other expenses as may be necessary or incidental
641	to the acquisition, construction, or reconstruction of any
642	project, or to the financing thereof, or to the development of
643	any lands within the District.
644	16.  Payments, contributions, dedications, and any other
645	exactions required as a condition of receiving any government
646	approval or permit necessary to accomplish any District purpose.
647	(k)  "District" means the Ave Maria Stewardship Community
648	District.
649	(l)  "District manager" means the manager of the District.
650	(m)  "District roads" means highways, streets, roads,
651	alleys, sidewalks, landscaping, storm drains, bridges, and
652	thoroughfares of all kinds.
653	(n)  "General obligation bonds" means bonds which are
654	secured by, or provide for their payment by, the pledge of the
655	full faith and credit and taxing power of the District, in
656	addition to those special taxes levied for their discharge and
657	such other sources as may be provided for their payment or
658	pledged as security under the resolution authorizing their
659	issuance, and for payment of which recourse may be had against
660	the general fund of the District.
661	(o)  "Governing board member" means any member of the Board
662	of Supervisors.
663	(p)  "Land development regulations" means those regulations
664	of general purpose local government, adopted under the Florida
665	Local Government Comprehensive Planning and Land Development
666	Regulations Act, Florida's Growth Management Act, and chapter
667	163, Florida Statutes, as amended from time to time, to which
668	the District is subject and as to which the District may not
669	doing anything that is inconsistent. Land development
670	regulations shall not mean specific management engineering,
671	planning, and other criteria and standards needed in the daily
672	management, implementation, and provision by the District of
673	basic systems, facilities, services, works, improvements,
674	projects, or infrastructure, including design criteria and
675	standards, so long as they remain subject to and are not
676	inconsistent with the Collier County Growth Management Plan and
677	applicable land development regulations.
678	(q)  "Landowner" means the owner of a freehold estate as it
679	appears on the deed record, including a trustee, a private
680	corporation, and an owner of a condominium unit. Landowner does
681	not include a reversioner, remainderman, mortgagee, or any
682	governmental entity who shall not be counted and need not be
683	notified of proceedings under this Act. Landowner also means the
684	owner of a ground lease from a governmental entity, which
685	leasehold interest has a remaining term, excluding all renewal
686	options, in excess of 50 years.
687	(r)  "General-purpose local government" means a county,
688	municipality, or consolidated city-county government.
689	(s)  "Maintenance special assessments" are assessments
690	imposed, levied, and collected pursuant to the provisions of
691	section 4(14)(d).
692	(t)  "Non-ad valorem assessment" means an assessment levied
693	and imposed by the Board of Supervisors of the Ave Maria
694	Stewardship Community District that are not based upon millage
695	and that constitutes, pursuant to the provisions of this Act,
696	first lien imposed on the property subject thereto, coequal with
697	any lien imposed by the state, county, municipality, or school
698	board:
699	1.  If, pursuant to general law, nonmillage and non-ad
700	valorem taxes, limited expressly and only to certain maintenance
701	taxes provided for expressly in the District charter as created
702	by this Act that are not ad valorem taxes and are not special
703	assessments.
704	2.  If an assessment that is not a tax and is a special
705	assessment levied and imposed by the Board of Supervisors of the
706	District pursuant to an informed and nonarbitrary determination
707	by the Board of Supervisors that the system, facility, or
708	service will provide, as a logical connection to the applicable
709	parcels of property, a special benefit peculiar to the property,
710	different in kind and degree than a general benefit and,
711	further, that the duty to pay per parcel will be apportioned in
712	a manner that is fair and reasonable, and that may be known as
713	an assessment, special assessment, maintenance assessment, or
714	benefit assessment. The levy of a maintenance assessment to
715	maintain a system or facility constructed and financed a by
716	special assessment levied by the District may be based on the
717	assessment methodology by which a construction special
718	assessment is levied but upon a determination that a maintenance
719	special assessment also provides a special and peculiar benefit
720	to the property and is apportioned in a manner that is fair and
721	reasonable.
722	3.  If an assessment is levied, imposed, or equalized by
723	the Board of Supervisors by rule of the District.
724	(u)  "Powers" means powers used and exercised by the Board
725	of Supervisors to accomplish the single, limited, and special
726	purpose of the District including:
727	1.  "General powers" means those organizational and
728	administrative powers of the District as provided in its charter
729	in order to carry out its single special purpose as a local
730	government public corporate body politic.
731	2.  "Special powers" means those powers enumerated by the
732	District charter to implement its specialized systems,
733	facilities, services, projects, improvements, and infrastructure
734	and related functions in order to carry out its single
735	specialized purpose.
736	3.  Any other powers, authority, or function set forth in
737	this Act.
738	(v)  "Project" means any development, improvement,
739	property, power, utility, facility, enterprise, service, system,
740	works, or infrastructure now existing or hereafter undertaken or
741	established under the provisions of this Act.
742	(w)  "Qualified elector" means any person at least 18 years
743	of age who is a citizen of the United States, a legal resident
744	of Florida and of the District and who registers to vote with
745	the Supervisor of Elections in Collier County.
746	(x)  "Refunding bonds" means bonds issued to refinance
747	outstanding bonds of any type and the interest and redemption
748	premium thereon. Refunding bonds shall be issuable and payable
749	in the same manner as refinanced bonds, except that no approval
750	by the electorate shall be required unless required by the State
751	Constitution.
752	(y)  "Revenue bonds" means obligations of the District that
753	are payable from revenues, including, but not limited to,
754	special assessments and benefit special assessments derived from
755	sources other than ad valorem taxes on real or tangible personal
756	property and that do not pledge the property, credit, or general
757	tax revenue of the District.
758	(z)  "Sewer system" means any plant, system, facility, or
759	property, and additions, extensions, and improvements thereto at
760	any future time constructed or acquired as part thereof, useful
761	or necessary or having the present capacity for future use in
762	connection with the collection, treatment, purification, or
763	disposal of sewage, including, but not limited to, industrial
764	wastes resulting from any process of industry, manufacture,
765	trade, or business or from the development of any natural
766	resource. Sewer system also includes treatment plants, pumping
767	stations, lift stations, valves, force mains, intercepting
768	sewers, laterals, pressure lines, mains, and all necessary
769	appurtenances and equipment; all sewer mains, laterals, and
770	other devices for the reception and collection of sewage from
771	premises connected therewith; and all real and personal property
772	and any interest therein, rights, easements, and franchises of
773	any nature relating to any such system and necessary or
774	convenient for operation thereof.
775	(aa)  "Special assessments" shall mean assessments as
776	imposed, levied, and collected by the District for the costs of
777	assessable improvements pursuant to the provisions of this Act,
778	chapter 170, Florida Statutes, as amended from time to time, and
779	the additional authority under section 197.3631, Florida
780	Statutes, as amended from time to time, or other provisions of
781	general law, now or hereinafter enacted, which provide or
782	authorize a supplemental means to impose, levy, and collect
783	special assessments.
784	(bb)  "Taxes" or "tax" means those levies and impositions
785	of the Board of Supervisors that support and pay for government
786	and the administration of law and that may be:
787	1.  Ad valorem or property taxes based upon both the
788	appraised value of property and millage, at a rate uniform
789	within the jurisdiction;
790	2.  If and when authorized by general law, non-ad valorem
791	maintenance taxes not based on millage that are used to maintain
792	District systems, facilities, and services.
793	(cc)  "Urban area" means a developed and inhabited urban
794	area within the District within a minimum acreage resident
795	population density of least 1.5 persons per acre as defined by
796	the latest official census, special census, or population
797	estimate, a minimum density of one single-family home per 2.5
798	acres with access to improved roads, or a minimum density of one
799	single-family home per 5 acres within a recorded plat
800	subdivision.  Urban areas shall be designated by the Board of
801	Supervisors with the assistance of all general purpose local
802	governments having jurisdiction over the area within the
803	jurisdiction of the District.
804	(dd)  "Water system" means any plant, system, facility, or
805	property, and any addition, extension, or improvement thereto at
806	any future time constructed or acquired as a part thereof,
807	useful, necessary, or having the present capacity for future use
808	in connection with the development of sources, treatment,
809	purification, or distribution of water. Water system also
810	includes dams, reservoirs, storage tanks, mains, lines, valves,
811	pumping stations, laterals, and pipes for the purpose of
812	carrying water to the premises connected with such system, and
813	all rights, easements, and franchises of any nature relating to
814	any such system and necessary or convenient for the operation
815	thereof.
816	(7)  Policy.--Based upon its findings, ascertainments,
817	determinations, intent, purpose, and definitions, the
818	Legislature states its policy expressly:
819	(a)  The District and the District charter, with its
820	general and special powers, as created in this Act, are
821	essential and the best alternative for the unique location and
822	nature of the new community for academic, residential,
823	commercial, and other community uses, projects, or functions in
824	the Rural Lands Stewardship Area Overlay of eastern Collier
825	County consistent with and designed to enhance the Stewardship
826	Overlay Program and to serve a lawful public purpose.
827	(b)  The District which is a local government and a
828	corporate body politic is limited to its single, narrow, and
829	special purpose as expressed in this Act, with the power to
830	provide, plan, implement, construct, maintain, and finance as a
831	local government management entity its basic systems,
832	facilities, services, improvements, infrastructure, and projects
833	and possessing financing powers to fund its management power
834	over the long term and with sustained levels of high quality
835	commensurate with the Stewardship Overlay.
836	(c)  This Act may be amended only by special act of the
837	Legislature in whole or in part.
838	Section 3.  Minimum general law requirements; creation and
839	establishment; boundaries; jurisdiction; construction; charter
840	with legal description.--
841	(1)  Pursuant to section 189.404(3), Florida Statutes, the
842	Legislature sets forth that the minimum requirements in
843	paragraphs (a) through (o) have been met in the identified
844	provisions of this Act as follows:
845	(a)  The purpose of the District is stated in the Act in
846	section 2, subsection (5).
847	(b)  The powers, functions, and duties of the District are
848	generally in section 4, subsection (3) paragraphs (g) and (h)
849	and subsections (5)-(16), (18), (19), (21), (25), and (32) as to
850	which:
851	1.  Taxation provisions are set forth in section 2,
852	subsection (6), paragraph (bb); section 4, subsection (3),
853	paragraph (h), subsection (14), paragraphs (a), (c), (f), (g)
854	and (i), and subsections (17), (18), and (19).
855	2.  Bond issuance provisions are set forth generally in
856	section 2; section 4, subsection (8), paragraph (d), subsections
857	(10)-(13), and subsection (16), paragraphs (b) and (c).
858	3. Provisions regarding the other revenue raising
859	capabilities are set forth in section 2, subsection (6),
860	paragraphs (b), (d), (s), (t), and (aa); section 4, subsection
861	(10) and (11), subsection (14), paragraphs (b), (d), (e), (h),
862	(i), and (j), and subsections (15) and (16).
863	4.  Provisions regarding fees, rentals, and charges are in
864	section 2, subsection (6); and section 4, subsection (8),
865	paragraph (i) and subsections (22)-(25).
866	5.  Provisions regarding budget preparation and approval
867	are in section 4, subsections (5), (6), and (9).
868	6.  Provisions regarding liens and foreclosures of liens
869	are in section 4, subsection (14), paragraphs (f), (g), (h), and
870	(i), and subsections (15), (17), (18), and (19).
871	7.  Provisions regarding the use of tax deeds and tax
872	certificates as appropriate for non-ad valorem assessments are
873	set forth in section 4, subsection (8), paragraph (o),
874	subsection (14), paragraphs (b), (c), (d), (e), (f), (h), and
875	(i), and subsection (15).
876	8.  Provisions regarding contractual agreements are in
877	section 4, subsection (8), paragraphs (c), (l), (p), and (r),
878	and subsection (9), paragraphs (k), (o), (p), (s), (t), (v), and
879	(w).
880	(c)  The provisions for methods for establishing the
881	District are in section 2, subsection (2), paragraph (b);
882	section 3; and effective as provided in section 6.
883	(d)  The methods for amending the charter of the District
884	are set forth in section 2, subsection (7), paragraph (c);
885	section 3, subsection (4); and section 4, subsection (28).
886	(e)  The provisions regarding aspects of the governing
887	board are as follows:
888	1.  Provisions for the membership of the governing board
889	are in section 4, subsection (3), paragraph (b) and subsection
890	(4), paragraph (c).
891	2.  Provisions regarding the organization of the governing
892	board are in section 4, subsection (3), paragraphs (b)-(d) and
893	subsection (4), paragraph (c).
894	3.  Provisions regarding the requirement of five board
895	members are in section 4, subsection (3), paragraph (b), and
896	subsection (4), paragraph (c), subparagraph 1.
897	4.  The provisions regarding the quorum of the governing
898	board are in section 4, subsection (3), paragraph (b), and
899	subsection (4) paragraph (c), subparagraph 1, sub-subparagraph
900	e.
901	(f)  The provisions regarding maximum compensation of each
902	board member are in section 4, subsection (4), paragraph (c),
903	and in particular in subparagraph 1., sub-subparagraph h.;
904	section 4, subsection (4), paragraph (c), subparagraph 1., sub-
905	subparagraph h.
906	(g)  The provisions regarding the administrative duties of
907	the governing board are found in section 4, subsections (5)-(8).
908	(h)  The provisions applicable to financial disclosure,
909	noticing, and reporting requirements for:
910	1.  Financial disclosure are in section 4, subsections (6)
911	and (7).
912	2.  The provisions regarding voting are found in section 4,
913	subsections (3) and (4).
914	3.  Reporting requirements are in section 4, subsections
915	(5)-(7) and subsection (31).
916	(i)  The provisions regarding procedures and requirements
917	for issuing bonds are:
918	1.  For issuing bonds are in section 4, subsection (12),
919	particularly in paragraphs (a), (b), (i), (k), and (l), and
920	related provisions regarding trust agreements are in subsection
921	(13).
922	2.  For issuing bonds are in section 4, subsection (12),
923	particularly in paragraphs (c)-(q) and subsection (13).
924	(j)  The provisions regarding elections or referenda are:
925	1.  For procedures for elections are in section 4,
926	subsections (3) and (4), and provisions regarding referenda are
927	in subsection (14), paragraph (a).
928	2.  For qualifications of an elector of the District, a
929	qualified elector, are in section 2, subsection (6), paragraph
930	(w); and section 4, subsection (3), paragraphs (b) and (c).
931	3.  For referenda are in section 4, subsection (4),
932	paragraph (b).
933	(k)  The provisions regarding methods for financing the
934	District are generally in section 4, subsections (10), (11),
935	(14), (15), (16), (17), (18), and (19).
936	(l)  Other than taxes levied for the payment of bonds and
937	taxes levied for periods not longer than 2 years when authorized
938	by vote of the electors of the District, the provisions for:
939	1.  The authority to levy ad valorem tax is in section 4,
940	subsection (14), paragraph (a) and subsection (3), paragraph
941	(h); and section 2, subsection (6) paragraph (bb) subparagraph
942	1.
943	2.  The authorized millage rate is in section 4, subsection
944	(14), paragraph (a).
945	(m)  The provisions for the method or methods of collecting
946	non-ad valorem assessments, fees, or service charges are:
947	1.  For collecting non-ad valorem assessments in section 4,
948	subsection (14), paragraphs (b), (c), (d), (e), (h), and (i) and
949	subsection (15).
950	2.  For collecting fees and service charges in section 4,
951	subsection (22).
952	(n)  The provisions for planning requirements are as
953	limited by the provisions of section 2 and section 3, as limited
954	further by section 4, subsections (8) and (9).
955	(o)  The provisions for geographic boundary limitations of
956	the District are set forth in section 3, subsection (2)-(4); and
957	section 4, subsection (2).
958	(2)  Creation and establishment.--The Ave Maria Stewardship
959	Community District, which may also be referred to and be known
960	as the "Stewardship Community District," "Ave Maria District,"
961	or "District" is created and incorporated as a public body,
962	corporate and politic, an independent, limited, special, and
963	single purpose local government, an independent special
964	district, under section 189.404, Florida Statutes, as amended
965	from time to time, and as defined in this Act and in section
966	189.403(3), Florida Statutes, as amended from time to time, in
967	and for eastern Collier County. Any amendments to chapter 190,
968	Florida Statutes, after January 1, 2004, granting additional
969	general powers, special powers, authorities, or projects to a
970	community development district by amendment to its uniform
971	charter, sections 190.006-190.041, Florida Statutes, shall
972	constitute a general power, special power, authority, or
973	function of the Ave Maria Stewardship Community District.
974	Because all notices for the enactment by the Legislature of this
975	Act, a special act, have been provided pursuant to the State
976	Constitution, the Laws of Florida, and the Rules of the Florida
977	House of Representatives and of the Florida Senate, and because
978	Collier County is not a charter county, no referendum subsequent
979	to the effective date of this Act is required.  The District, as
980	created by this Act, is established on the property pursuant to
981	section 6 and section 4(3).
982	(3)  The territorial boundary of the District shall embrace
983	and include, without reservation or enclave, all of that certain
984	real property described legally in the following section 4(2).
985	(4)  The jurisdiction of this District, in the exercise of
986	its general and special powers, and in the carrying out of its
987	single, narrow, and special purpose, is both within the external
988	boundaries of the legal description of this District and
989	extraterritorially when limited to, and as authorized expressly
990	elsewhere in, the charter of the District as created in this Act
991	or applicable general law. This single purpose District is
992	created as a public body corporate and politic and local
993	government authority and power is limited by its charter, this
994	Act, and subject to the provisions of other general laws,
995	including chapter 189, Florida Statutes, except that an
996	inconsistent provision in this Act shall control and the
997	District has jurisdiction to perform such acts and exercise such
998	projects, functions, and powers as shall be necessary,
999	convenient, incidental, proper, or reasonable for the
1000	implementation of its limited, single, and specialized purpose
1001	regarding the sound planning, provision, acquisition,
1002	development, operation, maintenance, and related financing of
1003	those public systems, facilities, services, improvements,
1004	projects, and infrastructure works as authorized herein
1005	including those necessary and incidental thereto.
1006	(5)  Exclusive charter.--The exclusive charter of the "Ave
1007	Maria Stewardship Community District" is this Act and may be
1008	amended only by special act of the Legislature.
1009	Section 4.  Disposition of sections 2 and 3; legal
1010	description; exclusive charter of the Ave Maria Stewardship
1011	Community District.--
1012	(1)  EXCLUSIVE CHARTER.--This Act constitutes the exclusive
1013	charter of the Ave Maria Stewardship Community District.
1014	(2)  LEGAL DESCRIPTION.  The metes and bounds legal
1015	description of the District, within which there are no enclaves
1016	or parcels of property owned by those who do not wish their
1017	property to be included within the District, is as follows:
1018
1019	METES AND BOUNDS DESCRIPTION
1020	DESCRIPTION OF PART OF SECTIONS 21, 22, 27, 28, 29,
1021	30, AND 33
1022	AND ALL OF SECTIONS 31 AND 32, TOWNSHIP 47 SOUTH,
1023	RANGE 29 EAST,
1024	AND
1025	PART OF SECTIONS 4, 9, 16, 17, AND 18
1026	AND ALL OF SECTIONS 5, 6, 7, AND 8, TOWNSHIP 48 SOUTH,
1027	RANGE 29 EAST,
1028	AND
1029	PART OF SECTIONS 1, 12 AND 13, TOWNSHIP 48 SOUTH,
1030	RANGE 28 EAST,
1031	AND
1032	ALL OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST,
1033	COLLIER COUNTY, FLORIDA
1034
1035	COMMENCING AT the NORTHWEST CORNER OF SECTION 27,
1036	TOWNSHIP 47 SOUTH, RANGE
1037	29 EAST, COLLIER COUNTY, FLORIDA.
1038	THENCE ALONG THE NORTH LINE OF SAID SECTION 27 NORTH
1039	89°42'22" EAST 40.00 FEET TO THE INTERSECTION WITH THE
1040	THE WEST RIGHT-OF-WAY LINE OF CAMP KEIAS ROAD (80'
1041	RIGHT-OF-WAY) AND THE POINT OF BEGINNING OF THE PARCEL
1042	HEREIN DESCRIBED:
1043	THENCE ALONG SAID RIGHT-OF-WAY LINE IN THE FOLLOWING
1044	TWENTY FOUR (24) DESCRIBED COURSES;
1045	1)  SOUTH 00°15'32" EAST 4936.39 FEET;

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