HB 1429

1
A bill to be entitled
2An act relating to Manatee and Sarasota Counties; creating
3within portions of such counties the "Lakewood Ranch
4Stewardship District Act"; providing a popular name;
5providing legislative findings and intent; providing
6definitions; stating legislative policy regarding creation
7of the district; establishing compliance with minimum
8requirements in s. 189.404(3), F.S., for creation of an
9independent special district; providing for creation and
10establishment of the district; establishing the legal
11boundaries of the district; providing for the jurisdiction
12and charter of the district; providing for a board of
13supervisors and establishing membership criteria and
14election procedures; providing for board members' terms of
15office; providing for board meetings; providing for
16administrative duties of the board; providing a method for
17transition of the board from landowner control to control
18by the resident electors of the district; providing for a
19district manager and district personnel; providing for a
20district treasurer, selection of a public depository, and
21district budgets and financial reports; providing for the
22general powers of the district; providing for the special
23powers of the district to plan, finance, and provide
24community infrastructure and services within the district;
25providing that the exercise of the special powers by the
26district within Manatee and Sarasota Counties is limited
27until such time as the district enters into an interlocal
28agreement with the respective county; providing for
29required notices to purchasers of residential units within
30the district; providing severability; providing for a
31referendum; providing an effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  This act may be cited as the "Lakewood Ranch
36Stewardship District Act."
37     Section 2.  Legislative findings and intent; definitions;
38policy.--
39     (1)  LEGISLATIVE FINDINGS AND INTENT.--
40     (a)  The extensive lands located within both Manatee and
41Sarasota Counties and covered by this act contain many
42opportunities for thoughtful, comprehensive, environmentally
43responsible, and consistent development over a long period.
44     (b)  There is a particular special need to use a
45specialized and limited single-purpose independent special
46district unit of local government for the Lakewood Ranch lands
47located within Sarasota and Manatee Counties and covered by this
48act to prevent urban sprawl by providing sustaining and
49freestanding infrastructure and by preventing needless and
50counterproductive community development when the existing urban
51area is not yet developed, and to prevent the needless
52duplication, fragmentation, and proliferation of local
53government services in a proposed land use area.
54     (c)  Management of conservation, environmental,
55agricultural, and economic challenges and opportunities in the
56Lakewood Ranch area transcends the boundaries and
57responsibilities of both private landowners and individual units
58of government.
59     (d)  There is a considerably long period of time during
60which there is an inordinate burden on the initial landowners of
61these Lakewood Ranch lands, such that there is a need for
62flexible management, sequencing, timing, and financing of the
63various systems, facilities, and services to be provided to
64these lands, taking into consideration absorption rates,
65commercial viability, and related factors.
66     (e)  While chapter 190, Florida Statutes, provides an
67opportunity for community development services and facilities to
68be provided by the establishment of community development
69districts in a manner that furthers the public interest, current
70general law prohibits the establishment of a community
71development district transcending county boundaries. Given the
72vast nature of the lands covered by this act and the potentially
73long-term nature of its development, establishing multiple
74community development districts over these lands would result in
75an inefficient, duplicative, and needless proliferation of local
76special purpose government, contrary to the public interest and
77the Legislature's findings in chapter 190, Florida Statutes.
78Instead, it is in the public interest that the long-range
79provision for, and management, financing, and long-term
80maintenance, upkeep, and operation of, services and facilities
81to be provided for ultimate development of the lands covered by
82this act be under one coordinated entity.
83     (f)  Longer involvement of the initial landowner with
84regard to the provision of systems, facilities, and services for
85the Lakewood Ranch lands, coupled with a severely limited and
86highly specialized single purpose of the District is in the
87public interest.
88     (g)  Any public or private system to provide infrastructure
89improvements, systems, facilities, and services to these lands
90must be focused on an unfettered, highly specialized,
91innovative, responsive, and accountable mechanism to provide the
92components of infrastructure at sustained levels of high quality
93over the long term only when and as needed for such a unique
94community in such a unique area.
95     (h)  There is a need to coincide the use and special
96attributes of various public and private alternatives for the
97provision of infrastructure to such a community development,
98including the limited, flexible, focused, and locally
99accountable management and related financing capabilities of
100independent special purpose local government.
101     (i)  The existence and use of such a limited specialized
102single purpose local government for the Lakewood Ranch lands,
103subject to the respective county comprehensive plans, will:
104result in a high propensity to provide for orderly development
105and prevent urban sprawl; protect and preserve environmental,
106conservation, and agricultural uses and assets; enhance the
107market value for both present and future landowners of the
108property consistent with the need to protect private property;
109enhance the net economic benefit to the Sarasota and Manatee
110Counties area, including an enhanced and well-maintained tax
111base to the benefit of all present and future taxpayers in
112Sarasota and Manatee Counties; and result in the sharing of
113costs of providing certain systems, facilities, and services in
114an innovative, sequential, and flexible manner within the
115developing area to be serviced by the District.
116     (j)  The creation and establishment of the District will
117encourage local government financial self-sufficiency in
118providing public facilities and in identifying and implementing
119physically sound, innovative, and cost-effective techniques to
120provide and finance public facilities while encouraging
121development, use, and coordination of capital improvement plans
122by all levels of government, pursuant to chapter 187, Florida
123Statutes.
124     (k)  The creation and establishment of the District will
125encourage and enhance cooperation among communities that have
126unique assets, irrespective of political boundaries, to bring
127the private and public sectors together for establishing an
128orderly and environmentally and economically sound plan for
129current and future needs and growth.
130     (l)  The creation and establishment of the District is a
131legitimate alternative method available to manage, own, operate,
132construct, and finance capital infrastructure systems,
133facilities, and services.
134     (m)  In order to be responsive to the critical timing
135required through the exercise of its special management
136functions, an independent district requires financing of those
137functions, including bondable lienable and nonlienable revenue,
138with full and continuing public disclosure and accountability,
139funded by landowners, both present and future, and funded also
140by users of the systems, facilities, and services provided to
141the land area by the District, without unduly burdening the
142taxpayers and citizens of the state, Sarasota County, Manatee
143County, or any municipality therein.
144     (n)  The District created and established by this act shall
145not have or exercise any comprehensive planning, zoning, or
146development permitting power; the establishment of the District
147shall not be considered a development order within the meaning
148of chapter 380, Florida Statutes; and all applicable planning
149and permitting laws, rules, regulations, and policies of
150Sarasota and Manatee Counties control the development of the
151land to be serviced by the District.
152     (o)  The creation by this act of the Lakewood Ranch
153Stewardship District is not inconsistent with either the
154Sarasota County or the Manatee County comprehensive plan.
155     (p)  It is the legislative intent and purpose that no debt
156or obligation of the District constitute a burden on any local
157general-purpose government without its consent.
158     (2)  DEFINITIONS.--As used in this act:
159     (a)  "Ad valorem bonds" means bonds which are payable from
160the proceeds of ad valorem taxes levied on real and tangible
161personal property and which are generally referred to as general
162obligation bonds.
163     (b)  "Assessable improvements" means, without limitation,
164any and all public improvements and community facilities that
165the District is empowered to provide in accordance with this act
166that provide a special benefit to property within the District.
167     (c)  "Assessment bonds" means special obligations of the
168District which are payable solely from proceeds of the special
169assessments or benefit special assessments levied for assessable
170improvements, provided that, in lieu of issuing assessment bonds
171to fund the costs of assessable improvements, the District may
172issue revenue bonds for such purposes payable from special
173assessments.
174     (d)  "Assessments" means those nonmillage District
175assessments which include special assessments, benefit special
176assessments, and maintenance special assessments and a
177nonmillage, non-ad valorem maintenance tax if authorized by
178general law.
179     (e)  "Lakewood Ranch Stewardship District" means the unit
180of special and single purpose local government created and
181chartered by this act, including the creation of its charter,
182and limited to the performance, in implementing its single
183purpose, of those general and special powers authorized by its
184charter under this act, the boundaries of which are set forth by
185the act, the governing head of which is created and authorized
186to operate with legal existence by this act, and the purpose of
187which is as set forth in this act.
188     (f)  "Benefit special assessments" are District assessments
189imposed, levied, and collected pursuant to the provisions of
190section 6(12)(b).
191     (g)  "Board of Supervisors" or "board" means the governing
192board of the District or, if such board has been abolished, the
193board, body, or commission assuming the principal functions
194thereof or to whom the powers given to the board by this act
195have been given by law.
196     (h)  "Bond" includes "certificate," and the provisions that
197are applicable to bonds are equally applicable to certificates.
198The term "bond" includes any general obligation bond, assessment
199bond, refunding bond, revenue bond, and other such obligation in
200the nature of a bond as is provided for in this act.
201     (i)  "Cost" or "costs," when used with reference to any
202project, includes, but is not limited to:
203     1.  The expenses of determining the feasibility or
204practicability of acquisition, construction, or reconstruction.
205     2.  The cost of surveys, estimates, plans, and
206specifications.
207     3.  The cost of improvements.
208     4.  Engineering, fiscal, and legal expenses and charges.
209     5.  The cost of all labor, materials, machinery, and
210equipment.
211     6.  The cost of all lands, properties, rights, easements,
212and franchises acquired.
213     7.  Financing charges.
214     8.  The creation of initial reserve and debt service funds.
215     9.  Working capital.
216     10.  Interest charges incurred or estimated to be incurred
217on money borrowed prior to and during construction and
218acquisition and for such reasonable period of time after
219completion of construction or acquisition as the board may
220determine.
221     11.  The cost of issuance of bonds pursuant to this act,
222including advertisements and printing.
223     12.  The cost of any bond or tax referendum held pursuant
224to this act and all other expenses of issuance of bonds.
225     13.  The discount, if any, on the sale or exchange of
226bonds.
227     14.  Administrative expenses.
228     15.  Such other expenses as may be necessary or incidental
229to the acquisition, construction, or reconstruction of any
230project, or to the financing thereof, or to the development of
231any lands within the District.
232     16.  Payments, contributions, dedications, and any other
233exactions required as a condition of receiving any governmental
234approval or permit necessary to accomplish any District purpose.
235     (j)  "District" means the Lakewood Ranch Stewardship
236District.
237     (k)  "District manager" means the manager of the District.
238     (l)  "District roads" means highways, streets, roads,
239alleys, sidewalks, landscaping, storm drains, bridges, and
240thoroughfares of all kinds.
241     (m)  "General obligation bonds" means bonds which are
242secured by, or provide for their payment by, the pledge of the
243full faith and credit and taxing power of the District, in
244addition to those special taxes levied for their discharge and
245such other sources as may be provided for their payment or
246pledged as security under the resolution authorizing their
247issuance, and for payment of which recourse may be had against
248the general fund of the District.
249     (n)  "Governing board member" means any member of the Board
250of Supervisors.
251     (o)  "Land development regulations" means those regulations
252of general purpose local government, adopted under the Florida
253Local Government Comprehensive Planning and Land Development
254Regulation Act, codified as part II of chapter 163, Florida
255Statutes, to which the District is subject and as to which the
256District may not do anything that is inconsistent. Land
257development regulations shall not mean specific management,
258engineering, planning, and other criteria and standards needed
259in the daily management, implementation, and provision by the
260District of systems, facilities, services, works, improvements,
261projects, or infrastructure, including design criteria and
262standards, so long as they remain subject to and are not
263inconsistent with the applicable land development regulations.
264     (p)  "Landowner" means the owner of a freehold estate as it
265appears on the deed record, including a trustee, a private
266corporation, and an owner of a condominium unit. "Landowner"
267does not include a reversioner, remainderman, mortgagee, or any
268governmental entity, who shall not be counted and need not be
269notified of proceedings under this act. "Landowner" also means
270the owner of a ground lease from a governmental entity, which
271leasehold interest has a remaining term, excluding all renewal
272options, in excess of 50 years.
273     (q)  "General-purpose local government" means a county,
274municipality, or consolidated city-county government.
275     (r)  "Maintenance special assessments" are assessments
276imposed, levied, and collected pursuant to the provisions of
277section 6(12)(d).
278     (s)  "Non-ad valorem assessment" means only those
279assessments which are not based upon millage and which can
280become a lien against a homestead as permitted in s. 4, Art. X
281of the State Constitution.
282     (t)  "Powers" means powers used and exercised by the Board
283of Supervisors to accomplish the single, limited, and special
284purpose of the District, including:
285     1.  "General powers," which means those organizational and
286administrative powers of the District as provided in its charter
287in order to carry out its single special purpose as a local
288government public corporate body politic.
289     2.  "Special powers," which means those powers enumerated
290by the District charter to implement its specialized systems,
291facilities, services, projects, improvements, and infrastructure
292and related functions in order to carry out its single
293specialized purpose.
294     3.  Any other powers, authority, or functions set forth in
295this act.
296     (u)  "Project" means any development, improvement,
297property, power, utility, facility, enterprise, service, system,
298works, or infrastructure now existing or hereafter undertaken or
299established under the provisions of this act.
300     (v)  "Qualified elector" means any person at least 18 years
301of age who is a citizen of the United States and a legal
302resident of the state and of the District and who registers to
303vote with the Supervisor of Elections in either Manatee County
304or Sarasota County and resides in either Manatee County or
305Sarasota County.
306     (w)  "Refunding bonds" means bonds issued to refinance
307outstanding bonds of any type and the interest and redemption
308premium thereon. Refunding bonds shall be issuable and payable
309in the same manner as refinanced bonds, except that no approval
310by the electorate shall be required unless required by the State
311Constitution.
312     (x)  "Revenue bonds" means obligations of the District that
313are payable from revenues, including, but not limited to,
314special assessments and benefit special assessments, derived
315from sources other than ad valorem taxes on real or tangible
316personal property and that do not pledge the property, credit,
317or general tax revenue of the District.
318     (y)  "Sewer system" means any plant, system, facility, or
319property, and additions, extensions, and improvements thereto at
320any future time constructed or acquired as part thereof, useful
321or necessary or having the present capacity for future use in
322connection with the collection, treatment, purification, or
323disposal of sewage, including, but not limited to, industrial
324wastes resulting from any process of industry, manufacture,
325trade, or business or from the development of any natural
326resource. Sewer system also includes treatment plants, pumping
327stations, lift stations, valves, force mains, intercepting
328sewers, laterals, pressure lines, mains, and all necessary
329appurtenances and equipment; all sewer mains, laterals, and
330other devices for the reception and collection of sewage from
331premises connected therewith; and all real and personal property
332and any interest therein, and rights, easements, and franchises
333of any nature relating to any such system and necessary or
334convenient for operation thereof.
335     (z)  "Special assessments" shall mean assessments as
336imposed, levied, and collected by the District for the costs of
337assessable improvements pursuant to the provisions of this act,
338chapter 170, Florida Statutes, and the additional authority
339under section 197.3631, Florida Statutes, or other provisions of
340general law, now or hereinafter enacted, which provide or
341authorize a supplemental means to impose, levy, or collect
342special assessments.
343     (aa)  "Taxes" or "tax" means those levies and impositions
344of the Board of Supervisors that support and pay for government
345and the administration of law and that may be:
346     1.  Ad valorem or property taxes based upon both the
347appraised value of property and millage, at a rate uniform
348within the jurisdiction; or
349     2.  If and when authorized by general law, non-ad valorem
350maintenance taxes not based on millage that are used to maintain
351District systems, facilities, and services.
352     (bb)  "Water system" means any plant, system, facility, or
353property, and any addition, extension, or improvement thereto at
354any future time constructed or acquired as a part thereof,
355useful, necessary, or having the present capacity for future use
356in connection with the development of sources, treatment,
357purification, or distribution of water. "Water system" also
358includes dams, reservoirs, storage tanks, mains, lines, valves,
359pumping stations, laterals, and pipes for the purpose of
360carrying water to the premises connected with such system, and
361all rights, easements, and franchises of any nature relating to
362any such system and necessary or convenient for the operation
363thereof.
364     (3)  POLICY.--Based upon its findings, ascertainments,
365determinations, intent, purpose, and definitions, the
366Legislature states its policy expressly:
367     (a)  The District and the District charter, with its
368general and special powers, as created in this act, are
369essential and the best alternative for the residential,
370commercial, and other community uses, projects, or functions in
371the included portions of Sarasota and Manatee Counties
372consistent with the effective comprehensive plans and designed
373to serve a lawful public purpose.
374     (b)  The District, which is a local government and a
375political subdivision, is limited to its special purpose as
376expressed in this act, with the power to provide, plan,
377implement, construct, maintain, and finance as a local
378government management entity its systems, facilities, services,
379improvements, infrastructure, and projects and possessing
380financing powers to fund its management power over the long term
381and with sustained levels of high quality.
382     (c)  The creation of the Lakewood Ranch Stewardship
383District by and pursuant to this act, and its exercise of its
384management and related financing powers to implement its
385limited, single, and special purpose, is not a development order
386and does not trigger or invoke any provision within the meaning
387of chapter 380, Florida Statutes, and all applicable
388governmental planning, environmental, and land development laws,
389regulations, rules, policies, and ordinances apply to all
390development of the land within the jurisdiction of the District
391as created by this act.
392     (d)  The District shall operate and function subject to,
393and not inconsistent with, the applicable comprehensive plans of
394either Manatee County or Sarasota County and any applicable
395development orders, zoning regulations, and other land
396development regulations.
397     (e)  The special and single purpose Lakewood Ranch
398Stewardship District shall not have the power of a general-
399purpose local government to adopt a comprehensive plan or
400related land development regulation as those terms are defined
401in the Florida Local Government Comprehensive Planning and Land
402Development Regulation Act.
403     (f)  This act may be amended, in whole or in part, only by
404special act of the Legislature. No amendment to this act that
405alters the District boundaries or the general or special powers
406of the District may be considered by the Legislature unless it
407is accompanied by a resolution or official statement as provided
408for in section 189.404(2)(e)4., Florida Statutes. However, if an
409amendment alters the District boundaries in only one county, or
410affects the District's special powers in only one county, it
411shall be necessary to secure the resolution or statement from
412only the affected county.
413     Section 3.  Minimum charter requirements; creation and
414establishment; jurisdiction; construction; charter with legal
415description.--
416     (1)  Pursuant to section 189.404(3), Florida Statutes, the
417Legislature sets forth that the minimum requirements in
418paragraphs (a) through (o) have been met in the identified
419provisions of this act as follows:
420     (a)  The purpose of the District is stated in the act in
421subsection (4) and in section 2(3).
422     (b)  The powers, functions, and duties of the District
423regarding ad valorem taxation, bond issuance, other revenue-
424raising capabilities, budget preparation and approval, liens and
425foreclosure of liens, use of tax deeds and tax certificates as
426appropriate for non-ad valorem assessments, and contractual
427agreements are set forth in section 6.
428     (c)  The provisions for methods for establishing the
429District are in this section.
430     (d)  The methods for amending the charter of the District
431are set forth in section 2.
432     (e)  The provisions for the membership and organization of
433the governing board and the establishment of a quorum are in
434section 5.
435     (f)  The provisions regarding maximum compensation of each
436board member are in section 5.
437     (g)  The provisions regarding the administrative duties of
438the governing board are found in sections 5 and 6.
439     (h)  The provisions applicable to financial disclosure,
440noticing, and reporting requirements generally are set forth in
441sections 5 and 6.
442     (i)  The provisions regarding procedures and requirements
443for issuing bonds are set forth in section 6.
444     (j)  The provisions regarding elections or referenda and
445the qualifications of an elector of the District are in sections
4462 and 5.
447     (k)  The provisions regarding methods for financing the
448District are generally in section 6.
449     (l)  Other than taxes levied for the payment of bonds and
450taxes levied for periods not longer than 2 years when authorized
451by vote of the electors of the District, the provisions for the
452authority to levy ad valorem tax and the authorized millage rate
453are in section 6.
454     (m)  The provisions for the method or methods of collecting
455non-ad valorem assessments, fees, or service charges are in
456section 6.
457     (n)  The provisions for planning requirements are in this
458section and section 6.
459     (o)  The provisions for geographic boundary limitations of
460the District are set forth in sections 4 and 6.
461     (2)  The Lakewood Ranch Stewardship District, which also
462may be referred to as the "Stewardship District," "Lakewood
463Ranch District," or "District," is created and incorporated as a
464public body corporate and politic, an independent, limited,
465special purpose local government, an independent special
466district, under section 189.404, Florida Statutes, as amended
467from time to time, and as defined in this act and in section
468189.403(3), Florida Statutes, as amended from time to time, in
469and for portions of Manatee and Sarasota Counties. Any
470amendments to chapter 190, Florida Statutes, after January 1,
4712005, granting additional general powers, special powers,
472authorities, or projects to a community development district by
473amendment to its uniform charter, sections 190.006-190.041,
474Florida Statutes, shall constitute a general power, special
475power, authority, or function of the Lakewood Ranch Stewardship
476District; provided, however, that the exercise of any of such
477additional powers within Manatee County or Sarasota County shall
478be subject to the requirement that the district execute or amend
479an interlocal agreement with Manatee County or Sarasota County,
480respectively, consenting to the exercise of any of such
481additional powers as provided elsewhere in this act. All notices
482for the enactment by the Legislature of this special act have
483been provided pursuant to the State Constitution, the laws of
484Florida, and the Rules of the Florida House of Representatives
485and of the Florida Senate. No referendum subsequent to the
486effective date of this act is required as a condition of
487establishing the District. Therefore, the District, as created
488by this act, is established on the property described in this
489act.
490     (3)  The territorial boundary of the District shall embrace
491and include all of that certain real property described legally
492in section 4.
493     (4)  The jurisdiction of this District, in the exercise of
494its general and special powers, and in the carrying out of its
495special purposes, is both within the external boundaries of the
496legal description of this District and extraterritorially when
497limited to, and as authorized expressly elsewhere in, the
498charter of the District as created in this act or applicable
499general law. This special purpose District is created as a
500public body corporate and politic, and local government
501authority and power is limited by its charter, this act, and
502subject to the provisions of other general laws, including
503chapter 189, Florida Statutes, except that an inconsistent
504provision in this act shall control and the District has
505jurisdiction to perform such acts and exercise such authorities,
506functions, and powers as shall be necessary, convenient,
507incidental, proper, or reasonable for the implementation of its
508limited, single, and specialized purpose regarding the sound
509planning, provision, acquisition, development, operation,
510maintenance, and related financing of those public systems,
511facilities, services, improvements, projects, and infrastructure
512works as authorized herein, including those necessary and
513incidental thereto. The District shall exercise any of its
514powers extraterritorially within Manatee County only upon
515execution of an interlocal agreement between the District and
516Manatee County consenting to the District's exercise of any of
517such powers within Manatee County. The District shall exercise
518any of its powers extraterritorially within Sarasota County only
519upon execution of an interlocal agreement between the district
520and Sarasota County consenting to the District's exercise of any
521of such powers within Sarasota County.
522     (5)  The exclusive charter of the "Lakewood Ranch
523Stewardship District" is this act and, except as otherwise
524provided in subsection (2) of this section, may be amended only
525by special act of the Legislature.
526     Section 4.  Legal description of the Lakewood Ranch
527Stewardship District.--
528
529LEGAL DESCRIPTION.  The metes and bounds legal
530description of the District, within which there are no
531parcels of property owned by those who do not wish
532their property to be included within the District, is
533as follows:
534Section 29, Township 34 South, Range 19 East:
535That portion of Section 29, lying south of the right-
536of-way of State Road 64 and east of the record plat of
537Lakewood Ranch Commerce Park, Block C, recorded in
538Plat Book 38, Page 160 through 163 of the Public
539Records of Manatee County, Florida;
540Section 31, Township 34 South, Range 19 East:
541That portion of the southeast quarter of Section 31,
542lying east of Lakewood Ranch Boulevard, a 120-foot
543wide Public Right-of-Way, as recorded in Official
544Record Book 1429, Page 3703 Public Records of Manatee
545County, Florida; also that portion of the southeast
546quarter of said Section 31, lying west of said
547Lakewood Ranch Boulevard, south of Lakewood Ranch
548Commerce Park, Block B, recorded in Plat Book 36,
549Pages 71 through 77 of said Public Records and east of
550the east line of the "Manatee County Landfill" as
551described in Special Warranty Deed to Manatee County,
552recorded in Official Record Book 1166, Page 3590,
553Public Records of Manatee County, Florida;
554Section 32, Township 34 South, Range 19 East:
555That portion of the west half of Section 32, lying
556east of Lakewood Ranch Boulevard, a 120-foot wide
557Public Right-of-Way, as recorded in Official Record
558Book 1429, Page 3703 of said Public Records, less and
559except the record plat of Lakewood Ranch Commerce
560Park, Block C, recorded in Plat Book 38, Page 160
561through 163 of said Public Records, also less and
562except premises described in Special Warranty Deed to
563Lakewood Flex Properties Phase II, Inc, recorded in
564Official Record Book 1934, Page 5505 Public Records of
565Manatee County, Florida;
566Also:
567The west half of the southeast quarter of said Section
56832;
569Also:
570The southeast quarter of the southeast quarter of said
571Section 32, less and except premises described in
572Special warranty Deed to Ashton Associates of
573Sarasota, L.L.C., recorded in Official Record Book
5741888, Page 7567 Public Records of Manatee County,
575Florida;
576Also:
577The northwest quarter of the northeast quarter lying
578south of State Road 64, less and except the east 100-
579feet described in Warranty Deed to John D. Taylor and
580Beverly J. Taylor, recorded in Official Record Book
5811331, Page 0041 Public Records of Manatee County,
582Florida;
583Also:
584That portion of the southwest quarter of the northeast
585quarter being more particularly described as follows:
586Begin at the northwest corner of the southwest quarter
587of the northeast quarter of said Section 32; thence
588east, 466.8 feet along north side of said 40 acre
589tract; thence south, 466.8 feet; thence west, 466.8
590feet to west line of 40 acre tract; thence north,
591466.8 feet to the POINT OF BEGINNING;
592Also:
593That part of the southwest quarter of the northeast
594quarter of Section 32, Township 34 South, Range 19
595East, described as follows:  Commence at a concrete
596monument found marking the southwest corner of the
597southwest quarter of the northeast quarter of Section
59832, Township 34 South, Range 19 East, as occupied by
599John D. Taylor & being the southwest corner of that
600certain parcel of land as described in Official Record
601Book 656 Page 103 of the Public Records of Manatee
602County, Florida, for a POINT OF BEGINNING; thence
603S.89°35'55"E., along the south line of said southeast
604quarter of northeast quarter, 290.77 feet; thence N.
60500° 42' 08"E., parallel with the west line of said
606southwest quarter of northeast quarter, 299.62 feet;
607thence N. 89°35'55"W. along the northerly line of said
608land described in Official Record Book  656 Page 103,
609a distance of 290.77 feet to the intersection with the
610west line of said southwest quarter of the northeast
611quarter; thence S.00°42'"08W., along the west line of
612said southwest quarter of the northeast quarter, a
613distance of 299.62 feet to the POINT OF BEGINNING,
614being & lying in the southwest quarter of the
615northeast quarter of Section 32, township 34 South,
616Range 19 East, Manatee County, Florida;
617Section 33, Township 34 South, Range 19 East:
618The east half, the northeast quarter of the northwest
619quarter, the northwest quarter of the northwest
620quarter, the southeast quarter of the northwest
621quarter, and the southwest quarter of the southwest
622quarter of Section 33, Township 34 South, Range 19
623East,
624Less:
625Road right-of-way for State Road 64 and less that part
626of the above described property, lying north and east
627of said State Road 64 as described in Official Record
628Book 1095, Page 256;
629Less:
630Road right-of-way for Pope Road;
631Less:
632Premises described in Special Warranty Deed to Roy F.
633Green, recorded in Official Record Book 1752, Page
6344576;
635Less:
636Premises described in Special Warranty Deed to Triko
637Enterprises, Inc, recorded in Official Record Book
6381407, Page 3313 and Official Record Book 1752, Page
6392251;
640Less:
641Premises described in Special Warranty Deed to Peoples
642Gas System, recorded in Official Record Book 1576,
643Page 4158;
644Section 35, Township 34 South, Range 19 East:
645The south half of the northeast quarter, and the east
646half of the southeast quarter of Section 35, Township
64734 South, Range 19 East;
648Less:
649Road right-of-way for State Road 64
650Section 36, Township 34 South, Range 19 East:
651The west half of the northeast quarter, the southeast
652quarter of the northeast quarter, the east half of the
653northwest quarter, and the south half of Section 36,
654Township 34 South, Range 19 East;
655Less:
656Road right-of-way for State Road 64
657Section 1, Township 35 South, Range 19 East:
658All of Section 1, Township 35 South, Range 19 East;
659Less:
660Road right-of-way for State Road 64
661Section 2, Township 35 South, Range 19 East:
662All of Section 2, Township 35 South, Range 19 East;
663Less:
664The northwest quarter of the northeast quarter, the
665north half of the northwest quarter, and road right-
666of-way for State Road 64;
667Section 3, Township 35 South, Range 19 East:
668The south half of the north half, the southeast
669quarter of the southwest quarter, and the southeast
670quarter of Section 3, Township 35 South, Range 19
671East;
672Less:
673Road right-of-way for Lorraine Road
674Section 4, Township 35 South, Range 19 East:
675The northwest quarter of the northeast quarter, the
676south-half of the northeast quarter, the east half of
677the northeast quarter of the northwest quarter, the
678southeast quarter of the northwest quarter, the south-
679half of the southwest quarter of the northwest
680quarter, the north-half of the south-half, the
681southeast quarter of the southwest quarter, and the
682south half of the southeast quarter of Section 4,
683Township 35 South, Range 19 East;
684Less:
685Premises described in Special Warranty Deed to
686Ellenton Fruit Company, recorded in Official Record
687Book 1472, Page 4620
688Less:
689Road right-of-way for Pope Road, recorded in Road Plat
690Book 8, Pages 138 through 152
691Section 5, Township 35 South, Range 19 East:
692All of Section 5, Township 35 South, Range 19 East;
693Less:
694Right-of-way for Lakewood Ranch Boulevard, as recorded
695in Official Record Book 1429, Page 3703 Public Records
696of Manatee County, Florida;
697Less:
698A portion of premises described in Warranty Deed to
699the County of Manatee, recorded in Official Record
700Book 1540, Page 7900 of said Public Records
701Less:
702Road right-of-way for Pope Road, recorded in Road Plat
703Book 8, Pages 138 through 152
704Section 6, Township 35 South, Range 19 East:
705That portion of Section 6, Township 35 South, Range 19
706East, lying easterly of east line of the "Manatee
707County Landfill", as described in Special Warranty
708Deed to Manatee County, recorded in Official Record
709Book 1166, Page 3590, Public Records of Manatee
710County, Florida;
711Less:
712Right-of-way for Lakewood Ranch Boulevard, as recorded
713in Official Record Book 1429, Page 3703 Public Records
714of Manatee County, Florida;
715Less:
716A portion of premises described in Warranty Deed to
717the County of Manatee, recorded in Official Record
718Book 1540, Page 7900 of said Public Records
719Section 7, Township 35 South, Range 19 East:
720That portion of Section 7, Township 35 South, Range 19
721East, lying easterly of the easterly right-of-way line
722of Lakewood Ranch Boulevard, as recorded in Official
723Record Book 1429, Page 3703 Public Records of Manatee
724County, Florida;
725Also:
726That portion of Section 7, Township 35 South, Range 19
727East, lying southerly of the "Manatee County
728Landfill", as described in Special Warranty Deed to
729Manatee County, recorded in Official Record Book 1166,
730Page 3590, of said Public Records and northerly of the
731southerly line of the proposed 44th Avenue, said 44th
732Avenue being more particularly described as follows:
733LEGAL DESCRIPTION OF PROPOSED 44 AVENUE RIGHT-OF-WAY
734(as prepared by the certifying Surveyor and Mapper):
735A tract lying in Sections 7 and 8, Township 35 South,
736Range 19 East, Manatee County, Florida and described
737as follows:
738Commence at the southwest corner of the North ? of
739Section 17, Township 35 South, Range 19 East, also
740being the Southeast corner of the North ? of Section
74118, Township 35 South, Range 19 East; thence
742S.89°34'40"E., along the South line of the North ? of
743said Section 17, a distance of 187.55 feet to the
744intersection with the Westerly Right-of-way of
745Lakewood Ranch Boulevard (formerly Upper Manatee River
746Road Extension), a 120-foot wide public right-of-way
747as recorded in Official Record Book 1429, Page 3703 of
748the Public Records of Manatee County, Florida, said
749point being on the arc of a curve to the right, whose
750radius point lies N.63°58'46"E., a radial distance of
7512310.00 feet; thence run northwesterly, along said
752westerly right-of-way for the following five calls;
753thence along the arc of said curve, through a central
754angle of 23°42'37", a distance of 955.93 feet to the
755point of tangency of said curve; thence N.02°18'37"W.,
756N.02°18'37"W., a distance of 1736.20 feet to the
757intersection with the common section line to Sections
7587 and 18, Township 35 South, Range 19 East, said point
759lying N.88°45'31"W., 141.64 feet from the section
760corner common to said Sections 7 and 18; thence
761continue N.02°18'37"W., a distance of 339.27 feet to
762the point of curvature of a curve to the right, having
763a radius of 4060.00 feet and a central angle of
76406°59'18"; thence run Northerly along the arc of said
765curve, a distance of 495.20 feet to the point of
766tangency of said curve; thence N.04°40'41"E., a
767distance of 2,624.25 feet to the point of curvature of
768a curve to the left having a radius of 1,940.00 feet
769and a central angle of 26°40'32"; thence northerly
770along the arc of said curve, an arc length of 903.21
771feet to the POINT OF BEGINNING; thence S.68°00'09"W.,
772S.68°00'09"W., a distance of 15.00 feet to a point
773on a curve to the left, of which the radius point lies
774S.68°00'09'W., a radial distance of 50.00 feet; thence
775northwesterly along the arc of said curve, through a
776central angle of 83°34'33", an arc length of 72.93
777feet to the point of tangency of said curve; thence
778S.74°25'37"W., a distance of 54.55 feet to the point
779of curvature of a curve to the right having a radius
780of 2,952.50 feet and a central angle of 12°46'49";
781thence westerly along the arc of said curve, an arc
782length of 658.58 feet to the end of said curve; thence
783N.02°47'34"W., along a line radial to the last
784described curve, a distance of 12.50 feet to the point
785of curvature of a non-tangent curve to the right, of
786which the radius point lies N.02°47'34"W., a radial
787distance of 2,940.00 feet; thence westerly along the
788arc of said curve, through a central angle of
78924°02'05", an arc length of 1,233.29 feet to the point
790of reverse curvature of a curve to the left having a
791radius of 2,790.00 feet and a central angle of
79231°26'50"; thence westerly along the arc of said
793curve, a distance of 1,531.31 feet to the point of
794reverse curvature of a curve to the right having a
795radius of 2,940.00 feet and a central angle of
79615°52'03"; thence westerly along the arc of said
797curve, a distance of 814.20 feet to the northerly line
798of a 50-foot wide gas line easement as recorded in
799Official Record Book 27, Page 220 and Official Record
800Book 396, Page 91 said public records; thence
801N.59°42'53"E., along said northerly line, a distance
802of 270.14 feet to the point of curvature of a non-
803tangent curve to the left, of which the radius point
804lies N.01°10'01"E., a radial distance of 2,790.00
805feet; thence easterly along the arc of said curve,
806through a central angle of 11°22'19", an arc length of
807553.75 feet to the point of reverse curvature of a
808curve to the right having a radius of 2,940.00 feet
809and a central angle of 31°26'50"; thence easterly
810along the arc of said curve, a distance of 1,613.64
811feet to the point of reverse curvature of a curve to
812the left having a radius of 2,790.00 feet and a
813central angle of 24°02'05"; thence easterly along the
814arc of said curve, a distance of 1,170.37 feet to the
815end of said curve; thence N.02°47'34"W., a distance of
81612.50 feet to the point of curvature of a non-tangent
817curve to the left, of which the radius point lies
818N.02°47'34"W., a radial distance of 2,777.50 feet;
819thence easterly along the arc of said curve, through a
820central angle of 12°46'49", an arc length of 619.55
821feet to the point of tangency of said curve; thence
822N.74°25'37"E., a distance of 12.28 feet to the point
823of curvature of a curve to the left having a radius of
82450.00 feet and a central angle of 55°27'02"; thence
825northeasterly along the arc of said curve, an arc
826length of 48.39 feet to a point on the south line of
827Manatee County Pond Site Number 5, as recorded in
828Official Record Book 1528, Page 7481 said public
829records; thence S.87°35'31"E., along a line non-
830tangent to the last described curve, being the south
831line of said Pond Site Number 5, a distance of 30.72
832feet to the westerly right-of-way line of the
833aforementioned Lakewood Ranch Boulevard and the point
834of curvature of a non-tangent curve to the left, of
835which the radius point lies N.66°15'14"E., a radial
836distance of 1,560.00 feet; the following 2 calls are
837along said westerly right-of-way line; thence
838southeasterly along the arc of said curve, through a
839central angle of 02°50'31", an arc length of 77.38
840feet to the point of reverse curvature of a curve to
841the right having a radius of 1,940.00 feet and a
842central angle of 04°35'26"; thence southeasterly along
843the arc of said curve, a distance of 155.44 feet to
844the POINT OF BEGINNING.
845Said tract contains 650,151 square feet or 14.9254
846acres, more or less.
847Also:
848A tract of land lying in Sections 7 and 8, Township 35
849South, Range 19 East, Manatee County, Florida and
850described as follows:
851Commence at the Southeast corner of Section 7,
852Township 35 South, Range 19 East; thence
853S.89°34'35"E., a distance of 4,650.84 feet; thence
854N.00°25'25"E., a distance of 1,889.17 feet; thence
855S82°55'49"W, 912.79 feet to a point of curvature;
856Thence 1,287.78 feet along the arc of said curve to
857the left through a central angle of 34°25'49", said
858curve having a radius of 2,143.00 feet and being
859subtended by a chord which bears S65°42'55"W, 1,268.49
860feet to a point of reverse curvature; Thence 1,575.57
861feet along the arc of a curve to the right through a
862central angle of 44°37'25", said curve having a radius
863of 2,023.00 feet and being subtended by a chord which
864bears S70°48'42"W, 1,536.04 feet to the point of
865tangency of said curve; Thence N86°52'35"W, 1,131.57
866feet to a point of curvature; Thence 79.90 feet along
867the arc of said curve to the right through a central
868angle of 91°33'16", said curve having a radius of
86950.00 feet and being subtended by a chord which bears
870N41°05'57"W, 71.66 feet to the point of tangency of
871said curve; said point being a point on the east line
872of Lakewood Ranch Boulevard as recorded in Official
873Record Book 1443, Page 4980 of the Public Records of
874Manatee County, Florida; thence along said east line
875of Lakewood Ranch Boulevard, N04°40'41"E, 1649.57
876feet; Thence N85°19'19"W, 120.00 feet to an
877intersection with the west line of said Lakewood Ranch
878Boulevard and the POINT OF BEGINNING; Thence
879S86°50'17"W, 227.27 feet; Thence S40°02'37"W, 121.13
880feet; Thence S28°36'43"W, 108.34 feet; Thence
881S43°57'34"W, 79.62 feet; Thence S56°46'06"W, 71.21
882feet; Thence N22°59'39"W, 32.80 feet; Thence
883S59°56'00"W, 91.50 feet; Thence S54°50'36"W, 42.43
884feet; Thence S21°03'16"W, 42.67 feet; Thence
885S64°33'59"W, 57.70 feet; Thence S78°35'00"W, 52.83
886feet; Thence S26°29'07"W, 28.22 feet; Thence
887S72°42'09"W, 41.01 feet; Thence N88°04'14"W, 58.26
888feet; Thence N63°20'21"W, 61.49 feet; Thence
889N77°09'41"W, 34.90 feet; Thence N87°11'33"W, 50.79
890feet; Thence N88°21'13"W, 70.97 feet; Thence
891N59°06'15"W, 54.56 feet; Thence S87°08'17"W, 75.46
892feet; Thence N27°44'24"E, 782.09 feet; Thence
893N08°14'34"E, 859.88 feet; Thence N04°53'06"W, 605.45
894feet to a point on the arc of a curve; Thence 552.19
895feet along the arc of said curve to the left through a
896central angle of 10°42'56", said curve having a radius
897of 2,952.50 feet and being subtended by a chord which
898bears N79°47'05"E, 551.38 feet to the point of
899tangency of said curve; Thence N74°25'37"E, 69.64 feet
900to a point of curvature; Thence 72.98 feet along the
901arc of said curve to the right through a central angle
902of 83°37'55", said curve having a radius of 50.00 feet
903and being subtended by a chord which bears
904S63°45'26"E, 66.67 feet to a point of compound
905curvature; Thence 901.48 feet along the arc of said
906curve to the right through a central angle of
90726°37'27", said curve having a radius of 1,940.00 feet
908and being subtended by a chord which bears
909S08°38'03"E, 893.39 feet; Thence S04°40'41"W, 970.22
910feet to the POINT OF BEGINNING.
911Containing 39.281 acres, more or less.
912Less:
913Right-of-way for Lakewood Ranch Boulevard, as recorded
914in Official Record Book 1429, Page 3703 Public Records
915of Manatee County, Florida;
916Less:
917A portion of premises described in Warranty Deed to
918the County of Manatee, recorded in Official Record
919Book 1528, Page 7481 and Corrective Warranty Deed
920recorded in Official Record Book 1540, Page 7918
921Public Records of Manatee County, Florida;
922Section 8, Township 35 South, Range 19 East:
923All of Section 8, Township 35 South, Range 19 East;
924Less:
925Right-of-way for Lakewood Ranch Boulevard, as recorded
926in Official Record Book 1429, Page 3703 Public Records
927of Manatee County, Florida;
928Less:
929A portion of premises described in Warranty Deed to
930the County of Manatee, recorded in Official Record
931Book 1528, Page 7481 and Corrective Warranty Deed
932recorded in Official Record Book 1540, Page 7918
933Public Records of Manatee County, Florida;
934Section 9, Township 35 South, Range 19 East:
935All of Section 9, Township 35 South, Range 19 East;
936Section 10, Township 35 South, Range 19 East:
937The north half and the southeast quarter of Section
93810, Township 35 South, Range 19 East;
939Less:
940Road right-of-way for Lorraine Road;
941Section 11, Township 35 South, Range 19 East:
942All of Section 11, Township 35 South, Range 19 East;
943Section 12, Township 35 South, Range 19 East:
944All of Section 12, Township 35 South, Range 19 East;
945Section 13, Township 35 South, Range 19 East:
946All of Section 13, Township 35 South, Range 19 East;
947Section 14, Township 35 South, Range 19 East:
948All of Section 14, Township 35 South, Range 19 East;
949Section 15, Township 35 South, Range 19 East:
950The east-half, the Southwest quarter of the northwest
951quarter, the southeast quarter of the southwest
952quarter, and the northeast quarter of the southwest
953quarter of Section 15, Township 35 South, Range 19
954East;
955Less:
956Road right-of-way for Lorraine Road and State Road 70;
957Less:
958The northeast quarter of the southwest quarter of the
959northwest quarter of Section 15, Township 35 South,
960Range 19 East;
961Less:
962The east 66 feet of the northwest quarter of the
963southwest quarter of the northwest quarter of Section
96415, Township 35 South, Range 19 East , described in
965Warranty Deed to Clive and Judith Morris, recorded in
966Official Record Book 1574, Page 2146;
967Less:
968Premises described in Special Warranty Deed to Peace
969River Electric Cooperative, Inc. described in Official
970Record Book 1542, Page 5178;
971Less:
972Premises described in Special Warranty Deed to Peace
973River Electric Cooperative, Inc. described in Official
974Record Book 1747, Page 6675;
975Less:
976That part included in the plat of Crawley Substation
977Roadway, recorded in Plat Book 43, Pages 84 and 85
978Public Records of Manatee County, Florida;
979Less:
980Fire House Site
981COMMENCE at a concrete monument found marking the
982occupied northwest corner of the southwest ? of
983Section 15, Township 35 South, Ranch 19 East; thence
984S89°31'12"E, along the occupied north line of said
985southwest ?, a distance of 1343.23 ft. to the
986intersection with the west line of the northeast ? of
987said southwest ?; thence S00°04'29"E, along said west
988line, a distance of 1281.86 ft., thence S87°56'19"E, a
989S87°56'19"E, a distance of 1049.55 ft. for a POINT
990OF BEGINNING, said point lying on the northerly right-
991of-way of 59th Avenue East, a 100 ft. wide public
992right-of-way as shown on "Crawley Substation Roadway",
993a roadway plat as recorded in Plat Book 43, Pages 84
994and 85, Public Records of Manatee County, Florida;
995thence continue S87°56'19"E, along said northerly
996right-of-way, a distance of 398.37 ft. to the
997intersection with the westerly line of that certain
998parcel of land as described and recorded in Official
999Records Book 1542, Page 5178, said Public Records;
1000thence N00°25'16"W, along said westerly line, a
1001distance of 547.23 ft.; thence N87°56'19"W, 398.37
1002ft.; thence S00°25'16"E, a distance of 547.23 ft. to
1003the POINT OF BEGINNING, being and lying in Section 15,
1004Township 35 South, Range 19 East, Manatee County,
1005Florida.
1006Containing 5.00 acres, more or less.
1007Section 16, Township 35 South, Range 19 East:
1008All of Section 16, Township 35 South, Range 19 East;
1009Less:
1010Road right-of-way for State Road 70;
1011Less:
1012Road right-of-way for Pope Road
1013Less:
1014Premises described in Warranty Deed to the State of
1015Florida Department of Transportation, recorded in
1016Official Record Book 1915, Page 5768 Public Records of
1017Manatee County, Florida;
1018Less:
1019Premises described in Warranty Deed to Covered Bridge
1020Holdings III, LLC, recorded in Official Record Book
10211970, Page 707 Public Records of Manatee County,
1022Florida;
1023Less:
1024Premises described in Warranty Deed to the Diocese of
1025Venice, recorded in Official Record Book 1451, Page
1026964, less premises conveyed to SMR 70, North 70, LLC,
1027in Special Warranty Deed, recorded in Official Record
1028Book 1928, Page 3315;
1029Less:
1030Premises described in Special Warranty Deed to the
1031Diocese of Venice, recorded in Official Record Book
10321928, Page 3321 Public Records of Manatee County,
1033Florida;
1034Section 17, Township 35 South, Range 19 East:
1035All of Section 17, Township 35 South, Range 19 East,
1036lying east of the right-of-way of Lakewood Ranch
1037Boulevard, as recorded in Official Record Book 1429,
1038Page 3703 Public Records of Manatee County, Florida;
1039Less:
1040Road right-of-way for State Road 70;
1041Less:
1042Premises described in Warranty Deed to the State of
1043Florida Department of Transportation, recorded in
1044Official Record Book 1915, Page 5768 Public Records of
1045Manatee County, Florida;
1046Less:
1047A portion of premises described in Warranty Deed to
1048the County of Manatee, recorded in Official Record
1049Book 1528, Page 7481 and Corrective Warranty Deed
1050recorded in Official Record Book 1540, Page 7918
1051Public Records of Manatee County, Florida;
1052Section 18, Township 35 South, Range 19 East:
1053All of Section 18, Township 35 South, Range 19 East,
1054lying east of the right-of-way of Lakewood Ranch
1055Boulevard, as recorded in Official Record Book 1429,
1056Page 3703 Public Records of Manatee County, Florida;
1057Section 22, Township 35 South, Range 19 East:
1058That portion of Section 22, Township 35 South, Range
105919 East, lying northerly of the northerly right-of-way
1060line of State Road 70;
1061Also:
1062That portion of Sections 22, 23 and 27, lying within
1063the following described property:
1064DESCRIPTION (Proposed Braden River Mitigation Bank)
1065A tract of land lying in Sections 22, 23 and 27,
1066Township 35 South, Range 19 East, Manatee County,
1067Florida and described as follows:
1068Commence at the northwest corner of Section 21,
1069Township 35 South, Range 19 East; thence S.89°24'47"E.
1070S.89°24'47"E. along the north line of said Section
107121, a distance of 5379.98 feet to the northwest corner
1072of said Section 22; thence S.00°30'23" W. along the
1073west line of said Section 22, a distance of 134.20
1074feet to a point on the southerly Right-of-way line of
1075State Road 70; the following 4 calls are along said
1076southerly right-of-way line; thence S.89°19'57"E., a
1077distance of 521.35 feet; thence S.89°21'15"E., a
1078distance of 3,754.54 feet to the point of curvature of
1079a curve to the right having a radius of 1,777.86 feet
1080and a central angle of 34°24'33"; thence easterly
1081along the arc of said curve, an arc length of 1,067.70
1082feet to the point of tangency of said curve; thence
1083S.54°56'41"E., a distance of 821.49 feet to the POINT
1084OF BEGINNING; thence continue S.54°56'41"E. along the
1085above mentioned southerly right-of-way line, a
1086distance of 4,427.83 feet; thence S.15°00'00"W., a
1087distance of 701.34 feet; thence N.71°00'00"W., a
1088distance of 2,270.00 feet; thence S.45°00'00"W., a
1089distance of 65.00 feet; thence S.00°00'00"W., a
1090distance of 395.00 feet; thence S.86°30'00"W., a
1091distance of 1,250.00 feet; thence S.00°00'00"W., a
1092distance of 338.36 feet; thence S.43°00'00"E., a
1093distance of 155.00 feet; thence S.00°00'00"W., a
1094distance of 150.00 feet; thence S.59°56'21"W., a
1095distance of 110.00 feet; thence N.63°00'00"W., a
1096distance of 306.73 feet; thence N.10°00'00"W., a
1097distance of 299.62 feet; thence S.89°37'37"W., a
1098distance of 301.32 feet; thence S.72°00'46"W., a
1099distance of 368.15 feet; thence S.48°06'41"W., a
1100distance of 169.68 feet; thence N.08°37'00"E., a
1101distance of 159.00 feet; thence N.57°02'56"E., a
1102distance of 594.02 feet; thence N.07°52'51"W., a
1103distance of 27.87 feet; thence N.61°22'29"W., a
1104distance of 167.29 feet; thence N.83°56'09"W., a
1105distance of 103.18 feet; thence S.85°40'21"W., a
1106distance of 75.29 feet; thence S.44°35'18"W., a
1107distance of 66.94 feet; thence S.82°54'53"W., a
1108distance of 86.64 feet; thence S.48°07'08"W., a
1109distance of 74.53 feet; thence S.26°33'46"W., a
1110distance of 49.90 feet; thence S.39°24'11"W., a
1111distance of 50.01 feet to a point on the northerly
1112line of a Conservation Easement as recorded in the
1113Official Records Book 1524, Page 5098 of the Public
1114Records of Manatee County, Florida; the following 15
1115calls are along the northerly and westerly lines of
1116said Conservation Easement; thence S.63°06'49"W., a
1117distance of 38.30 feet; thence S.30°38'41"W., a
1118distance of 53.69 feet; thence S.68°49'15"W., a
1119distance of 91.30 feet; thence S.51°14'32"W., a
1120distance of 68.98 feet; thence S.76°31'40"W., a
1121distance of 62.88 feet; thence S.45°09'35"W., a
1122distance of 35.02 feet; thence S.36°11'14"E., a
1123distance of 48.92 feet; thence S.18°26'10"E., a
1124distance of 45.74 feet; thence S.09°12'08"W., a
1125distance of 19.73 feet; thence S.32°09'14"E., a
1126distance of 76.50 feet; thence S.07°27'24"E., a
1127distance of 35.67 feet; thence S.29°09'12"E., a
1128distance of 41.08 feet; thence S.11°37'55"E., a
1129distance of 49.89 feet; thence S.51°55'08"E., a
1130distance of 29.11 feet; thence S.67°03'11"E., a
1131distance of 66.38 feet; thence N.66°35'24"E., a
1132distance of 31.03 feet; thence S.45°47'43"E., a
1133distance of 148.54 feet; thence S.18°48'41"W., a
1134distance of 163.72 feet; thence S.82°50'11"W., a
1135distance of 81.44 feet; thence N.69°18'50"W., a
1136distance of 147.54 feet; thence N.16°28'56"W., a
1137distance of 96.10 feet; thence N.07°30'43"W., a
1138distance of 141.37 feet; thence S.65°00'00"W., a
1139distance of 1,078.77 feet; thence S.83°00'00"W., a
1140distance of 630.49 feet; thence S.62°15'00"W., a
1141distance of 585.88 feet; thence S.55°30'00"W., a
1142distance of 859.04 feet; thence S.35°00'00"W., a
1143distance of 453.13 feet; thence S.69°00'00"W., a
1144distance of 637.50 feet; thence N.65°15'00"W., a
1145distance of 464.25 feet; thence N.35°51'00"W., a
1146distance of 385.00 feet; thence N.83°00'00"W., a
1147distance of 137.04 feet to the point of curvature of a
1148non-tangent curve to the left, of which the radius
1149point lies S.85°59'50"W., a radial distance of
11506,090.00 feet; thence northerly along the arc of said
1151curve, through a central angle of 00°49'46", an arc
1152length of 88.17 feet to the point of tangency of said
1153curve; thence N.00°51'26"E., a distance of 490.58
1154feet; thence N.00°30'20"E., a distance of 355.33 feet
1155to the point of curvature of a curve to the right
1156having a radius of 2,880.00 feet and a central angle
1157of 07°28'45"; thence northerly along the arc of said
1158curve, an arc length of 375.94 feet to the end of said
1159curve; thence S.67°11'02"E. non-radial to the last
1160described curve, a distance of 629.23 feet; thence
1161S.81°49'22"E., a distance of 263.52 feet; thence
1162N.80°03'53"E., a distance of 275.24 feet; thence
1163N.69°59'29"E., a distance of 317.24 feet; thence
1164N.57°35'22"E., a distance of 178.26 feet; thence
1165N.81°03'05"E., a distance of 234.09 feet; thence
1166N.63°21'55"E., a distance of 439.23 feet; thence
1167N.44°11'27"E., a distance of 241.21 feet; thence
1168N.63°21'56"E., a distance of 148.94 feet; thence
1169N.74°49'49"E., a distance of 163.40 feet; thence
1170N.75°39'49"E., a distance of 461.38 feet; thence
1171N.52°24'58"E., a distance of 284.05 feet; thence
1172N.37°35'20"E., a distance of 294.52 feet; thence
1173N.33°58'26"E., a distance of 687.37 feet; thence
1174N.46°31'18"E., a distance of 195.52 feet; thence
1175N.76°15'16"E., a distance of 235.33 feet; thence
1176N.53°47'33"E., a distance of 231.66 feet; thence
1177N.15°20'53"E., a distance of 147.34 feet; thence
1178N.32°20'46"E., a distance of 368.15 feet; thence
1179S.83°51'29"E., a distance of 332.08 feet; thence
1180S.56°57'53"E., a distance of 139.47 feet; thence
1181N.35°53'49"E., a distance of 417.52 feet; thence
1182N.50°25'21"W., a distance of 348.47 feet; thence
1183N.00°06'50"E., a distance of 135.65 feet; thence
1184N.24°22'30"E., a distance of 201.08 feet; thence
1185N.61°14'22"E., a distance of 113.08 feet; thence
1186S.62°11'08"E., a distance of 197.43 feet to the point
1187of curvature of a curve to the right having a radius
1188of 100.00 feet and a central angle of 88°54'40";
1189thence southerly along the arc of said curve, an arc
1190length of 155.18 feet to the point of tangency of said
1191curve; thence S.26°43'33"W., a distance of 224.96
1192feet; thence S.50°07'45"E., a distance of 125.37 feet;
1193thence N.49°56'25"E., a distance of 228.41 feet;
1194thence N.08°47'40"E., a distance of 153.43 feet;
1195thence N.38°13'49"W., a distance of 139.09 feet;
1196thence N.11°59'28"E., a distance of 271.56 feet;
1197thence N.37°00'30"E., a distance of 306.68 feet to the
1198POINT OF BEGINNING.
1199Said tract contains 15,214,335 square feet or 349.2731
1200acres, more or less.
1201Also:
1202That portion of Sections 22 and 23, lying within the
1203following described property:
1204A tract of land lying in Section 22, Township 35
1205South, Range 19 East, Manatee County, Florida and
1206being more particularly described as follows:
1207Commence at the southeast corner of Section 22,
1208Township 35 South, Range 19 East; thence N.89°29'42"W.
1209N.89°29'42"W. along the south line of said Section
121022, 587.90 feet; thence N.00°30'18"E., perpendicular
1211with said south line, a distance of 802.96 feet to the
1212POINT OF BEGINNING;  thence N.66°35'24"E., a distance
1213of 31.03 feet; thence S.45°47'43"E., a distance of
121468.87 feet; thence N.22°15'45"E., a distance of 66.77
1215feet; thence N.21°25'53"E., a distance of 88.19 feet;
1216thence N.08°37'00"E., a distance of 159.00 feet;
1217thence N.57°02'56"E., a distance of 594.02 feet;
1218thence N.07°52'51"W., a distance of 27.87 feet; thence
1219N.61°22'29"W., a distance of 167.29 feet; thence
1220N.83°56'09"W., a distance of 103.18 feet; thence
1221S.85°40'21"W., a distance of 75.29 feet; thence
1222S.44°35'18"W., a distance of 66.94 feet; thence
1223S.82°54'53"W., a distance of 86.64 feet; thence
1224S.48°07'08"W., a distance of 74.53 feet; thence
1225S.26°33'46"W., a distance of 49.90 feet; thence
1226S.39°24'11"W., a distance of 50.01 feet to a point on
1227the northerly line of a Conservation Easement as
1228recorded in the Official Records Book 1524, Page 5098
1229of the Public Records of Manatee County, Florida; the
1230following 15 calls are along the northerly and
1231westerly lines of said Conservation Easement; thence
1232S.63°06'49"W., a distance of 38.30 feet; thence
1233S.30°38'41"W., a distance of 53.69 feet; thence
1234S.68°49'15"W., a distance of 91.30 feet; thence
1235S.51°14'32"W., a distance of 68.98 feet; thence
1236S.76°31'40"W., a distance of 62.88 feet; thence
1237S.45°09'35"W., a distance of 35.02 feet; thence
1238S.36°11'14"E., a distance of 48.92 feet; thence
1239S.18°26'10"E., a distance of 45.74 feet; thence
1240S.09°12'08"W., a distance of 19.73 feet; thence
1241S.32°09'14"E., a distance of 76.50 feet; thence
1242S.07°27'24"E., a distance of 35.67 feet; thence
1243S.29°09'12"E., a distance of 41.08 feet; thence
1244S.11°37'55"E., a distance of 49.89 feet; thence
1245S.51°55'08"E., a distance of 29.11 feet; thence
1246S.67°03'11"E., a distance of 66.38 feet to the POINT
1247OF BEGINNING.
1248Said tract contains 249,186 square feet or 5.7205
1249acres, more or less.
1250Section 23, Township 35 South, Range 19 East:
1251That portion of Section 23, Township 35 South, Range
125219 East, lying north of State Road 70;
1253Also:
1254That portion of Section 23, Township 35 South, Range
125519 East, lying southerly of the right-of-way line for
1256State Road 70, easterly of premises described in
1257Special Warranty Deed to Sarasota Development, L.L.C.,
1258recorded in Official Record Book 1892, Page 750 of
1259said Public Records and easterly of the (Proposed
1260Braden River Mitigation Bank), described above;
1261Section 24, Township 35 South, Range 19 East:
1262All of Section 24, Township 35 South, Range 19 East;
1263Less:
1264Right-of-way for State Road 70;
1265Section 25, Township 35 South, Range 19 East:
1266All of Section 25, Township 35 South, Range 19 East;
1267Less:
1268Right-of-way for State Road 70;
1269Section 26, Township 35 South, Range 19 East:
1270All of Section 26, Township 35 South, Range 19 East;
1271Less:
1272Premises described in Special Warranty Deed to
1273Sarasota Development, L.L.C., recorded in Official
1274Record Book 1892, Page 750 Public Records of Manatee
1275County, Florida;
1276Less:
1277Premises described in Memorandum of Purchase Option
1278Agreement, recorded in Official Record Book 1892, Page
1279776 Public Records of Manatee County, Florida;
1280Section 27, Township 35 South, Range 19 East:
1281All of Section 27, lying southerly of the Phase 2
1282Parcel, described in Memorandum of Purchase Option
1283Agreement, recorded in Official Record Book 1892, Page
1284776 of said Public Records and Phase 1 Parcel and
1285Entry Road Parcel, described in Special Warranty Deed
1286to Sarasota Development, L.L.C., recorded in Official
1287Record Book 1892, Page 750 Public Records of Manatee
1288County, Florida;
1289Less:
1290Right-of-way for Lorraine Road;
1291Section 34, Township 35 South, Range 19 East:
1292All of Section 34, Township 35 South, Range 19 East,
1293lying easterly of the east right-of-way line of
1294Lorraine Road;
1295Less:
1296Premises described in Special Warranty Deed to The
1297School Board of Manatee County, recorded in Official
1298Record Book 1959, Page 2350 Public Records of Manatee
1299County, Florida; (School Site J)
1300Less:
1301Premises described in Special Warranty Deed to the
1302Diocese of Venice, recorded in Official Record Book
13031532, Page 5848, Less and except premises described in
1304Special Warranty Deed to Schoreder-Manatee Ranch,
1305Inc., recorded in Official Record Book 1928, Page 3242
1306of said Public Records:
1307Less:
1308Premises described in Special Warranty Deed to the
1309Diocese of Venice, recorded in Official Record Book
13101928, Page 3248 Public Records of Manatee County,
1311Florida;
1312Less:
1313Premises described in Corrective Warranty Deed to
1314Harvest United Methodist Church, Inc., recorded in
1315Official Record Book 1747, Page 777 of said Public
1316Records:
1317Section 35, Township 35 South, Range 19 East:
1318All of Section 35, Township 35 South, Range 19 East;
1319Section 36, Township 35 South, Range 19 East:
1320All of Section 36, Township 35 South, Range 19 East;
1321Section 1, Township 36 South, Range 19 East:
1322All of Section 1, Township 36 South, Range 19 East;
1323Section 2, Township 36 South, Range 19 East:
1324All of Section 2, Township 36 South, Range 19 East;
1325Section 3, Township 36 South, Range 19 East:
1326All of Section 3, Township 36 South, Range 19 East;
1327Less:
1328Premises described in Special Warranty Deed  to Polo
1329Ranches of Sarasota, Inc., recorded in Official Record
1330Book 2602, Page 702 of the Public Records of Sarasota
1331County, Florida;
1332Less:
1333Premises described in Special Warranty Deed to Polo
1334Ranches of Sarasota, Inc., recorded in Official
1335Instrument Number 2000076164 of the Public Records of
1336Sarasota County, Florida;
1337Section 4, Township 36 South, Range 19 East:
1338All of Section 4, Township 36 South, Range 19 East;
1339Less:
1340Premises described in Special Warranty Deed to Polo
1341Ranches of Sarasota, Inc., recorded in Official Record
1342Book 2602, Page 702 of the Public Records of Sarasota
1343County, Florida;
1344Less:
1345A portion of Premises described in Warranty Deed to
1346Out-of-Door Academy of Sarasota, Inc., recorded in
1347Official Record Book 2858, Page 189 of the Public
1348Records of Sarasota County, Florida
1349Section 5, Township 36 South, Range 19 East:
1350That portion of Section 5, Township 36 South, Range 19
1351East, lying east of premises described in Warranty
1352Deed to Out-of-Door Academy of Sarasota, Inc.,
1353recorded in Official Record Book 2858, Page 189 of the
1354Public Records of Sarasota County, Florida;
1355Also:
1356That portion of Section 5, Township 36 South, Range 19
1357East, lying southerly of the following described
1358properties:
1359Premises described in Warranty Deed to Out-of-Door
1360Academy of Sarasota, Inc., recorded in Official Record
1361Book 2858, Page 189 of the Public Records of Sarasota
1362County, Florida
1363Lakewood Ranch Corporate Park, Unit 3C, recorded in
1364Plat Book 43, Page 34, Public Records of Sarasota
1365County, Florida;
1366Lakewood Ranch Corporate Park, Unit 3B, recorded in
1367Plat Book 42, Page 30, Public Records of Sarasota
1368County, Florida;
1369Lakewood Ranch Corporate Park, Unit 3A, recorded in
1370Plat Book 41, Page 19, Public Records of Sarasota
1371County, Florida;
1372Lakewood Ranch Corporate Park, Unit 1, recorded in
1373Plat Book 38, Page 26, Public Records of Sarasota
1374County, Florida;
1375Lakewood Ranch Corporate Park, Unit 4, Phase 1,
1376recorded in Plat Book 43, Page 22, Public Records of
1377Sarasota County, Florida;
1378Section 6, Township 36 South, Range 19 East:
1379That portion of Section 6, Township 36 South, Range 19
1380East, lying east of the right-of-way of Interstate 75
1381and south of the following described properties:
1382Lakewood Ranch Corporate Park, Unit 4, Phase 1,
1383recorded in Plat Book 43, Page 22, Public Records of
1384Sarasota County, Florida;
1385Lakewood Ranch Corporate Park, Unit 4, recorded in
1386Plat Book 40, Page 37, Public Records of Sarasota
1387County, Florida;
1388Lakewood Ranch Corporate Park, Unit 6, Phase 2,
1389recorded in Plat Book 42, Page 23, Public Records of
1390Sarasota County, Florida;
1391Less:
1392Premises described in Corporate Warranty Deed to
1393Sarasota County, recorded in Official Record
1394Instrument Number 2002146329, Public Records of
1395Sarasota County, Florida;
1396Section 7, Township 36 South, Range 19 East:
1397That portion of Section 7, Township 36 South, Range 19
1398East, lying east of the right-of-way of Interstate 75;
1399Less:
1400Premises described in Warranty Deed to Sarasota
1401County, recorded in Official Instrument Number
14022004118447, Public Records of Sarasota County,
1403Florida;
1404Less:
1405Premises described in Corporate Warranty Deed to
1406Sarasota County, recorded in Official Record Book
14072880, Page 1528, Public Records of Sarasota County,
1408Florida;
1409Section 8, Township 36 South, Range 19 East:
1410All of Section 8, Township 36 South, Range 19 East;
1411Less:
1412Premises described in Special Warranty Deed to Florida
1413Power & Light Company, recorded in Official Record
1414Book 2848, Page 77, Public Records of Sarasota County,
1415Florida;
1416Section 9, Township 36 South, Range 19 East:
1417All of Section 9, Township 36 South, Range 19 East;
1418Section 10, Township 36 South, Range 19 East:
1419All of Section 10, Township 36 South, Range 19 East;
1420Section 11, Township 36 South, Range 19 East:
1421All of Section 11, Township 36 South, Range 19 East;
1422Section 12, Township 36 South, Range 19 East:
1423All of Section 12, Township 36 South, Range 19 East;
1424Section 5, Township 36 South, Range 20 East:
1425The south half of Section 5, Township 36 South, Range
142620 East;
1427Section 6, Township 36 South, Range 20 East:
1428All of Section 6, Township 36 South, Range 20 East;
1429Section 7, Township 36 South, Range 20 East:
1430All of Section 7, Township 36 South, Range 20 East;
1431Section 8, Township 36 South, Range 20 East:
1432All of Section 8, Township 36 South, Range 20 East;
1433Less:
1434A strip of land 50-feet wide, described as beginning
1435at the southwest corner of Section 8, Township 36
1436South, Range 20 East, thence South 87°10'13" East,
1437511.24 feet for POINT OF BEGINNING; thence North
143842°59'05" West to a point lying 50 feet north of the
1439south line of Section 8; thence easterly along a line
1440parallel to and 50 feet north of, the south line of
1441Section 8 to a point lying 529.3 feet west of the east
1442line of said Section 8; thence southwesterly 70.7 feet
1443to point on south line of Section 8, lying 600 feet
1444westerly of the southeast corner of Section 8; thence
1445westerly along the south section line of said Section
14468 to the POINT OF BEGINNING, lying and being in
1447Section 8, Township 36 South, Range 20 East, Sarasota
1448County, Florida.
1449     CONTAINING A TOTAL AREA OF 23,055 ACRES, PLUS OR MINUS.
1450
1451     Section 5.  Board of Supervisors; members and meetings;
1452organization; powers; duties; terms of office; related election
1453requirements.--
1454     (1)  The board of the District shall exercise the powers
1455granted to the District pursuant to this act. The board shall
1456consist of five members, each of whom shall hold office for a
1457term of 4 years, as provided in this section, except as
1458otherwise provided herein for initial board members, and until a
1459successor is chosen and qualified. The members of the board must
1460be residents of the state and citizens of the United States.
1461     (2)(a)  Within 90 days following the effective date of the
1462law establishing the District, there shall be held a meeting of
1463the landowners of the District for the purpose of electing five
1464supervisors for the District. Notice of the landowners' meeting
1465shall be published once a week for 2 consecutive weeks in a
1466newspaper which is in general circulation in the area of the
1467District, the last day of such publication to be not fewer than
146814 days or more than 28 days before the date of the election.
1469The landowners, when assembled at such meeting, shall organize
1470by electing a chair, who shall conduct the meeting. The chair
1471may be any person present at the meeting. If the chair is a
1472landowner or proxy holder of a landowner, he or she may nominate
1473candidates and make and second motions. The landowners present
1474at the meeting, in person or by proxy, shall constitute a
1475quorum. At any landowners' meeting, 50 percent of the District
1476acreage shall not be required to constitute a quorum, and each
1477governing board member elected by landowners shall be elected by
1478a majority of the acreage represented either by owner or proxy
1479present and voting at said meeting.
1480     (b)  At such meeting, each landowner shall be entitled to
1481cast one vote per acre of land owned by him or her and located
1482within the District for each person to be elected. A landowner
1483may vote in person or by proxy in writing. Each proxy must be
1484signed by one of the legal owners of the property for which the
1485vote is cast and must contain the typed or printed name of the
1486individual who signed the proxy; the street address, legal
1487description of the property, or tax parcel identification
1488number; and the number of authorized votes. If the proxy
1489authorizes more than one vote, each property must be listed and
1490the number of acres of each property must be included. The
1491signature on a proxy need not be notarized. A fraction of an
1492acre shall be treated as 1 acre, entitling the landowner to one
1493vote with respect thereto. The two candidates receiving the
1494highest number of votes shall be elected for a term expiring
1495November 18, 2008, and the three candidates receiving the next
1496largest number of votes shall be elected for a term expiring
1497November 7, 2006, with the term of office for each successful
1498candidate commencing upon election. The members of the first
1499board elected by landowners shall serve their respective terms;
1500however, the next election of board members shall be held on the
1501first Tuesday after the first Monday in November 2006.
1502Thereafter, there shall be an election by landowners for the
1503District every 2 years on the first Tuesday after the first
1504Monday in November, which shall be noticed pursuant to paragraph
1505(a). The second and subsequent landowners' election shall be
1506announced at a public meeting of the board at least 90 days
1507prior to the date of the landowners' meeting and shall also be
1508noticed pursuant to paragraph (a). Instructions on how all
1509landowners may participate in the election, along with sample
1510proxies, shall be provided during the board meeting that
1511announces the landowners' meeting. Each supervisor elected in or
1512after November 2006 shall serve a 4-year term.
1513     (3)(a)1.  The board may not exercise the ad valorem taxing
1514power authorized by this act until such time as all members of
1515the board are qualified electors who are elected by qualified
1516electors of the District.
1517     2.a.  Regardless of whether the District has proposed to
1518levy ad valorem taxes, board members shall begin being elected
1519by qualified electors of the District as the District becomes
1520populated with qualified electors. The transition shall occur
1521such that the composition of the Board, after the first general
1522election following a trigger of the qualified elector population
1523thresholds set forth below, shall be as follows:
1524     (I)  Once 10,000 qualified electors reside within the
1525District, one governing board member shall be a person who was
1526elected by the qualified electors, and four governing board
1527members shall persons who were elected by the landowners.
1528     (II)  Once 20,000 qualified electors reside within the
1529District, two governing board members shall be persons who were
1530elected by the qualified electors, and three governing board
1531members shall be persons elected by the landowners.
1532     (III)  Once 30,000 qualified electors reside within the
1533District, three governing board members shall be persons who
1534were elected by the qualified electors and two governing board
1535members shall be persons who were elected by the landowners.
1536     (IV)  Once 40,000 qualified electors reside within the
1537District, four governing board members shall be persons who were
1538elected by the qualified electors and one governing board member
1539shall be a person who was elected by the landowners.
1540     (V)  Once 45,000 qualified electors reside within the
1541District, all five governing board members shall be persons who
1542were elected by the qualified electors.
1543
1544Nothing in this sub-subparagraph is intended to require an
1545election prior to the expiration of an existing board member's
1546term.
1547     b.  On or before June 1 of each year, the board shall
1548determine the number of qualified electors in the District as of
1549the immediately preceding April 15. The board shall use and rely
1550upon the official records maintained by the supervisor of
1551elections and property appraiser or tax collector in each county
1552in making this determination. Such determination shall be made
1553at a properly noticed meeting of the board and shall become a
1554part of the official minutes of the District.
1555     c.  All governing board members elected by qualified
1556electors shall be elected at large at an election occurring as
1557provided in subsection (2) and this subsection.
1558     d.  The board member seat first available for election by
1559qualified electors because the District has 10,000 qualified
1560electors shall be designated seat number one. The board member
1561seat first available for election by qualified electors because
1562the District has 20,000 qualified electors shall be designated
1563seat number two. The board member seat first available for
1564election by qualified electors because the District has 30,000
1565qualified electors shall be designated seat number three. The
1566board member seat first available for election by qualified
1567electors because the District has 40,000 qualified electors
1568shall be designated seat number four. The board member seat
1569first available for election by qualified electors because the
1570District has 45,000 qualified electors shall be designated seat
1571number five.
1572     e.  The board member elected to fill seat one when that
1573seat is first filled by election by qualified electors of the
1574District shall be a qualified elector of Manatee County.
1575However, if, at the time that seat is available for election,
1576the District does not have both an executed interlocal agreement
1577with Manatee County and at least 500 qualified electors residing
1578within the District in Manatee County, the seat shall be filled
1579by a qualified elector of Sarasota County.
1580     f.  The board member elected to fill seat two when that
1581seat is first filled by election by qualified electors of the
1582District shall be a qualified elector of Sarasota County.
1583However, if, at the time that seat is available for election,
1584seat one has already been designated as the seat to be filled by
1585a qualified elector of Sarasota County pursuant to paragraph e.,
1586seat two shall be filled by a qualified elector of Manatee
1587County. Provided further that, if at the time seat two is
1588available for election the District does not have both an
1589executed interlocal agreement with Sarasota County and at least
1590500 qualified electors residing in Sarasota County, the seat
1591shall be filled by a qualified elector of Manatee County. In
1592such event, the next seat available for election after the
1593District has both an interlocal agreement with Sarasota County
1594and at least 500 qualified electors in Sarasota County shall be
1595filled by a qualified elector of Sarasota County.
1596     g.  Once one seat is designated as a seat to be filled by a
1597qualified elector from a specific county, that seat shall
1598thereafter be filled by a qualified elector who resides within
1599that county.
1600     h.  Once a District qualifies to have any of its board
1601members elected by the qualified electors of the District, the
1602initial and all subsequent elections by the qualified electors
1603of the District shall be held at the general election in
1604November. The board shall adopt a resolution if necessary to
1605implement this requirement. The transition process described
1606herein is intended to be in lieu of the process set forth in
1607section 189.4051, Florida Statutes.
1608     (b)  Elections of board members by qualified electors held
1609pursuant to this subsection shall be nonpartisan and shall be
1610conducted in the manner prescribed by law for holding general
1611elections. Board members shall assume the office on the second
1612Tuesday following their election.
1613     (c)  Candidates seeking election to office by qualified
1614electors under this subsection shall conduct their campaigns in
1615accordance with the provisions of chapter 106, Florida Statutes,
1616and shall file qualifying papers and qualify for individual
1617seats in accordance with section 99.061, Florida Statutes.
1618Candidates shall pay a qualifying fee, which shall consist of a
1619filing fee and an election assessment or, as an alternative,
1620shall file a petition signed by not less than 1 percent of the
1621registered voters of the District, and take the oath required in
1622section 99.021, Florida Statutes, with the supervisor of
1623elections in the county affected by such candidacy. The amount
1624of the filing fee is 3 percent of $4,800; however, if the
1625electors have provided for compensation, the amount of the
1626filing fee is 3 percent of the maximum annual compensation so
1627provided. The amount of the election assessment is 1 percent of
1628$4,800; however, if the electors have provided for compensation,
1629the amount of the election assessment is 1 percent of the
1630maximum annual compensation so provided. The filing fee and
1631election assessment shall be distributed as provided in section
1632105.031(3), Florida Statutes.
1633     (d)  The supervisors of elections shall appoint the
1634inspectors and clerks of elections, prepare and furnish the
1635ballots, designate polling places, and canvass the returns of
1636the election of board members by qualified electors. The county
1637canvassing boards shall declare and certify the results of the
1638election.
1639     (4)  Members of the board, regardless of how elected, shall
1640be public officers, shall be known as supervisors, and, upon
1641entering into office, shall take and subscribe to the oath of
1642office as prescribed by section 876.05, Florida Statutes.
1643Members of the board shall be subject to ethics and conflict of
1644interest laws of the state that apply to all local public
1645officers. They shall hold office for the terms for which they
1646were elected or appointed and until their successors are chosen
1647and qualified. If, during the term of office, a vacancy occurs,
1648the remaining members of the board shall fill each vacancy by an
1649appointment for the remainder of the unexpired term.
1650     (5)  Any elected member of the Board of Supervisors may be
1651removed by the Governor for malfeasance, misfeasance,
1652dishonesty, incompetency, or failure to perform the duties
1653imposed upon him or her by this act, and any vacancies that may
1654occur in such office for such reasons shall be filled by the
1655Governor as soon as practicable.
1656     (6)  A majority of the members of the board constitutes a
1657quorum for the purposes of conducting its business and
1658exercising its powers and for all other purposes. Action taken
1659by the District shall be upon a vote of a majority of the
1660members present unless general law or a rule of the District
1661requires a greater number.
1662     (7)  As soon as practicable after each election or
1663appointment, the board shall organize by electing one of its
1664members as chair and by electing a secretary, who need not be a
1665member of the board, and such other officers as the board may
1666deem necessary.
1667     (8)  The board shall keep a permanent record book entitled
1668"Record of Proceedings of Lakewood Ranch Stewardship District,"
1669in which shall be recorded minutes of all meetings, resolutions,
1670proceedings, certificates, bonds given by all employees, and any
1671and all corporate acts. The record book and all other District
1672records shall at reasonable times be opened to inspection in the
1673same manner as state, county, and municipal records pursuant to
1674chapter 119, Florida Statutes. The record book shall be kept at
1675the office or other regular place of business maintained by the
1676board in a designated location in either Manatee County or
1677Sarasota County.
1678     (9)  Each supervisor shall be entitled to receive for his
1679or her services an amount not to exceed $200 per meeting of the
1680Board of Supervisors, not to exceed $4,800 per year per
1681supervisor, or an amount established by the electors at
1682referendum. In addition, each supervisor shall receive travel
1683and per diem expenses as set forth in section 112.061, Florida
1684Statutes.
1685     (10)  All meetings of the board shall be open to the public
1686and governed by the provisions of chapter 286, Florida Statutes.
1687     Section 6.  Board of Supervisors; general duties.--
1688     (1)  DISTRICT MANAGER AND EMPLOYEES.--The board shall
1689employ and fix the compensation of a district manager, who shall
1690have charge and supervision of the works of the District and
1691shall be responsible for preserving and maintaining any
1692improvement or facility constructed or erected pursuant to the
1693provisions of this act, for maintaining and operating the
1694equipment owned by the District, and for performing such other
1695duties as may be prescribed by the board. It shall not be a
1696conflict of interest under chapter 112, Florida Statutes, for a
1697board member, the district manager, or another employee of the
1698District to be a stockholder, officer, or employee of a
1699landowner. The district manager may hire or otherwise employ and
1700terminate the employment of such other persons, including,
1701without limitation, professional, supervisory, and clerical
1702employees, as may be necessary and authorized by the board. The
1703compensation and other conditions of employment of the officers
1704and employees of the District shall be as provided by the board.
1705     (2)  TREASURER.--The board shall designate a person who is
1706a resident of the state as treasurer of the District, who shall
1707have charge of the funds of the District. Such funds shall be
1708disbursed only upon the order of or pursuant to a resolution of
1709the board by warrant or check countersigned by the treasurer and
1710by such other person as may be authorized by the board. The
1711board may give the treasurer such other or additional powers and
1712duties as the board may deem appropriate and may fix his or her
1713compensation. The board may require the treasurer to give a bond
1714in such amount, on such terms, and with such sureties as may be
1715deemed satisfactory to the board to secure the performance by
1716the treasurer of his or her powers and duties. The financial
1717records of the board shall be audited by an independent
1718certified public accountant at least once a year.
1719     (3)  PUBLIC DEPOSITORY.--The board is authorized to select
1720as a depository for its funds any qualified public depository as
1721defined in section 280.02, Florida Statutes, which meets all the
1722requirements of chapter 280, Florida Statutes, and has been
1723designated by the treasurer as a qualified public depository
1724upon such terms and conditions as to the payment of interest by
1725such depository upon the funds so deposited as the board may
1726deem just and reasonable.
1727     (4)  BUDGET; REPORTS AND REVIEWS.--
1728     (a)  The District shall provide financial reports in such
1729form and such manner as prescribed pursuant to this act and
1730chapter 218, Florida Statutes, as amended from time to time.
1731     (b)  On or before July 15 of each year, the district
1732manager shall prepare a proposed budget for the ensuing fiscal
1733year to be submitted to the board for board approval. The
1734proposed budget shall include at the direction of the board an
1735estimate of all necessary expenditures of the District for the
1736ensuing fiscal year and an estimate of income to the District
1737from the taxes and assessments provided in this act. The board
1738shall consider the proposed budget item by item and may either
1739approve the budget as proposed by the district manager or modify
1740the same in part or in whole. The board shall indicate its
1741approval of the budget by resolution, which resolution shall
1742provide for a hearing on the budget as approved. Notice of the
1743hearing on the budget shall be published in a newspaper of
1744general circulation in the area of the District once a week for
17452 consecutive weeks, except that the first publication shall be
1746not fewer than 15 days prior to the date of the hearing. The
1747notice shall further contain a designation of the day, time, and
1748place of the public hearing. At the time and place designated in
1749the notice, the board shall hear all objections to the budget as
1750proposed and may make such changes as the board deems necessary.
1751At the conclusion of the budget hearing, the board shall, by
1752resolution, adopt the budget as finally approved by the board.
1753The budget shall be adopted prior to October 1 of each year.
1754     (c)  At least 60 days prior to adoption, the Board of
1755Supervisors of the District shall submit to the Manatee County
1756and Sarasota County Boards of County Commissioners, for purposes
1757of disclosure and information only, the proposed annual budget
1758for the ensuing fiscal year, and each Board of County
1759Commissioners may submit written comments to the Board of
1760Supervisors solely for the assistance and information of the
1761Board of Supervisors of the District in adopting its annual
1762District budget.
1763     (d)  The Board of Supervisors of the District shall submit
1764annually, to the Boards of County Commissioners of Manatee and
1765Sarasota Counties, its District public facilities report under
1766section 189.415(2), Florida Statutes, which report the boards of
1767county commissioners shall use and rely on the District public
1768facilities report in the preparation or revision of their
1769respective comprehensive plans, specifically under section
1770189.415(6), Florida Statutes.
1771     (5)  DISCLOSURE OF PUBLIC FINANCING.--The District shall
1772take affirmative steps to provide for the full disclosure of
1773information relating to the public financing and maintenance of
1774improvements to real property undertaken by the District. Such
1775information shall be made available to all existing residents
1776and all prospective residents of the District. The District
1777shall furnish each developer of a residential development within
1778the District with sufficient copies of that information to
1779provide each prospective initial purchaser of property in that
1780development with a copy; and any developer of a residential
1781development within the District, when required by law to provide
1782a public offering statement, shall include a copy of such
1783information relating to the public financing and maintenance of
1784improvements in the public offering statement. The Division of
1785Florida Land Sales, Condominiums, and Mobile Homes of the
1786Department of Business and Professional Regulation shall ensure
1787that disclosures made by developers pursuant to chapter 498,
1788Florida Statutes, meet the requirements of section 190.009(1),
1789Florida Statutes.
1790     (6)  GENERAL POWERS.--The District shall have, and the
1791board may exercise, the following general powers:
1792     (a)  To sue and be sued in the name of the District; to
1793adopt and use a seal and authorize the use of a facsimile
1794thereof; to acquire, by purchase, gift, devise, or otherwise,
1795and to dispose of, real and personal property, or any estate
1796therein; and to make and execute contracts and other instruments
1797necessary or convenient to the exercise of its powers.
1798     (b)  To apply for coverage of its employees under the
1799Florida Retirement System in the same manner as if such
1800employees were state employees, subject to necessary action by
1801the District to pay employer contributions into the Florida
1802Retirement System Trust Fund.
1803     (c)  To contract for the services of consultants to perform
1804planning, engineering, legal, or other appropriate services of a
1805professional nature. Such contracts shall be subject to public
1806bidding or competitive negotiation requirements as set forth in
1807general law applicable to independent special districts.
1808     (d)  To borrow money and accept gifts; to apply for and use
1809grants or loans of money or other property from the United
1810States, the state, a unit of local government, or any person for
1811any District purposes and enter into agreements required in
1812connection therewith; and to hold, use, and dispose of such
1813moneys or property for any District purposes in accordance with
1814the terms of the gift, grant, loan, or agreement relating
1815thereto.
1816     (e)  To adopt and enforce rules and orders pursuant to the
1817provisions of chapter 120, Florida Statutes, prescribing the
1818powers, duties, and functions of the officers of the District;
1819the conduct of the business of the District; the maintenance of
1820records; and the form of certificates evidencing tax liens and
1821all other documents and records of the District. The board may
1822also adopt and enforce administrative rules with respect to any
1823of the projects of the District and define the area to be
1824included therein. The board may also adopt resolutions which may
1825be necessary for the conduct of District business.
1826     (f)  To maintain an office at such place or places as the
1827Board of Supervisors designates in either Manatee County or
1828Sarasota County, and within the District when facilities are
1829available.
1830     (g)  To hold, control, and acquire by donation, purchase,
1831or condemnation, or dispose of, any public easements,
1832dedications to public use, platted reservations for public
1833purposes, or any reservations for those purposes authorized by
1834this act and to make use of such easements, dedications, or
1835reservations for the purposes authorized by this act.
1836     (h)  To lease as lessor or lessee to or from any person,
1837firm, corporation, association, or body, public or private, any
1838projects of the type that the District is authorized to
1839undertake and facilities or property of any nature for the use
1840of the District to carry out the purposes authorized by this
1841act.
1842     (i)  To borrow money and issue bonds, certificates,
1843warrants, notes, or other evidence of indebtedness as
1844hereinafter provided; to levy such taxes and assessments as may
1845be authorized; and to charge, collect, and enforce fees and
1846other user charges.
1847     (j)  To raise, by user charges or fees authorized by
1848resolution of the board, amounts of money which are necessary
1849for the conduct of District activities and services and to
1850enforce their receipt and collection in the manner prescribed by
1851resolution not inconsistent with law.
1852     (k)  To exercise within the District, or beyond the
1853District with prior approval by vote of a resolution of the
1854governing body of the county if the taking will occur in an
1855unincorporated area in that county, the right and power of
1856eminent domain, pursuant to the provisions of chapters 73 and
185774, Florida Statutes, over any property within the state, except
1858municipal, county, state, and federal property, for the uses and
1859purpose of the District relating solely to water, sewer,
1860District roads, and water management, specifically including,
1861without limitation, the power for the taking of easements for
1862the drainage of the land of one person over and through the land
1863of another.
1864     (l)  To cooperate with, or contract with, other
1865governmental agencies as may be necessary, convenient,
1866incidental, or proper in connection with any of the powers,
1867duties, or purposes authorized by this act.
1868     (m)  To assess and to impose upon lands in the District ad
1869valorem taxes as provided by this act.
1870     (n)  If and when authorized by general law, to determine,
1871order, levy, impose, collect, and enforce maintenance taxes.
1872     (o)  To determine, order, levy, impose, collect, and
1873enforce assessments pursuant to this act and chapter 170,
1874Florida Statutes, as amended from time to time, pursuant to
1875authority granted in section 197.3631, Florida Statutes, or
1876pursuant to other provisions of general law now or hereinafter
1877enacted which provide or authorize a supplemental means to
1878order, levy, impose, or collect special assessments. Such
1879special assessments, in the discretion of the District, may be
1880collected and enforced pursuant to the provisions of sections
1881197.3632 and 197.3635, Florida Statutes, and chapters 170 and
1882173, Florida Statutes, as they may be amended from time to time,
1883or as provided by this act, or by other means authorized by
1884general law now or hereinafter enacted.
1885     (p)  To exercise such special powers and other express
1886powers as may be authorized and granted by this act in the
1887charter of the District, including powers as provided in any
1888interlocal agreement entered into pursuant to chapter 163,
1889Florida Statutes, or which shall be required or permitted to be
1890undertaken by the District pursuant to any development order or
1891development of regional impact, including any interlocal service
1892agreement with Manatee County or Sarasota County for fair-share
1893capital construction funding for any certain capital facilities
1894or systems required of the developer pursuant to any applicable
1895development order or agreement.
1896     (q)  To exercise all of the powers necessary, convenient,
1897incidental, or proper in connection with any other powers or
1898duties or the special purpose of the District authorized by this
1899act.
1900
1901The provisions of this subsection shall be construed liberally
1902in order to carry out effectively the specialized purpose of
1903this act. However, nothing in this subsection regarding the
1904exercise of general powers by the District is intended to allow
1905the District to exercise one or more special powers in Manatee
1906County absent an interlocal agreement with Manatee County
1907consenting to the exercise of such powers within that county, or
1908to allow the District to exercise one or more special powers in
1909Sarasota County absent an interlocal agreement with Sarasota
1910County consenting to the exercise of such powers within that
1911county.
1912     (7)  SPECIAL POWERS.--The District shall have, and the
1913board may exercise, the following special powers to implement
1914its lawful and special purpose and to provide, pursuant to that
1915purpose, systems, facilities, services, improvements, projects,
1916works, and infrastructure, each of which constitutes a lawful
1917public purpose when exercised pursuant to this charter, subject
1918to, and not inconsistent with, the regulatory jurisdiction and
1919permitting authority of all other applicable governmental
1920bodies, agencies, and any special districts having authority
1921with respect to any area included therein, and to plan,
1922establish, acquire, construct or reconstruct, enlarge or extend,
1923equip, operate, finance, fund, and maintain improvements,
1924systems, facilities, services, works, projects, and
1925infrastructure. Any or all of the following special powers are
1926granted by this act in order to implement the special purpose of
1927the District:
1928     (a)  To provide water management and control for the lands
1929within the District and to connect some or any of such
1930facilities with roads and bridges. In the event that the board
1931assumes the responsibility for providing water management and
1932control for the District which is to be financed by benefit
1933special assessments, the board shall adopt plans and assessments
1934pursuant to law or may proceed to adopt water management and
1935control plans, assess for benefits, and apportion and levy
1936special assessments, as follows:
1937     1.  The board shall cause to be made by the District's
1938engineer, or such other engineer or engineers as the board may
1939employ for that purpose, complete and comprehensive water
1940management and control plans for the lands located within the
1941District that will be improved in any part or in whole by any
1942system of facilities that may be outlined and adopted, and the
1943engineer shall make a report in writing to the board with maps
1944and profiles of said surveys and an estimate of the cost of
1945carrying out and completing the plans.
1946     2.  Upon the completion of such plans, the board shall hold
1947a hearing thereon to hear objections thereto, shall give notice
1948of the time and place fixed for such hearing by publication once
1949each week for 2 consecutive weeks in a newspaper of general
1950circulation in the general area of the District, and shall
1951permit the inspection of the plan at the office of the District
1952by all persons interested. All objections to the plan shall be
1953filed at or before the time fixed in the notice for the hearing
1954and shall be in writing.
1955     3.  After the hearing, the board shall consider the
1956proposed plan and any objections thereto and may modify, reject,
1957or adopt the plan or continue the hearing until a day certain
1958for further consideration of the proposed plan or modifications
1959thereof.
1960     4.  When the board approves a plan, a resolution shall be
1961adopted and a certified copy thereof shall be filed in the
1962office of the secretary and incorporated by him or her into the
1963records of the District.
1964     5.  The water management and control plan may be altered in
1965detail from time to time until the appraisal record herein
1966provided is filed but not in such manner as to affect materially
1967the conditions of its adoption. After the appraisal record has
1968been filed, no alteration of the plan shall be made, except as
1969provided by this act.
1970     6.  Within 20 days after the final adoption of the plan by
1971the board, the board shall proceed pursuant to section 298.301,
1972Florida Statutes.
1973     (b)  To provide water supply, sewer, and wastewater
1974management, reclamation, and reuse, or any combination thereof,
1975and any irrigation systems, facilities, and services and to
1976construct and operate connecting intercepting or outlet sewers
1977and sewer mains and pipes and water mains, conduits, or
1978pipelines in, along, and under any street, alley, highway, or
1979other public place or ways, and to dispose of any effluent,
1980residue, or other byproducts of such system or sewer system.
1981     1.  The District may not purchase or sell a water, sewer,
1982or wastewater reuse utility that provides service to the public
1983for compensation, or enter into a wastewater facility
1984privatization contract for a wastewater facility, until the
1985governing body of the District has held a public hearing on the
1986purchase, sale, or wastewater facility privatization contract
1987and made a determination that the purchase, sale, or wastewater
1988facility privatization contract is in the public interest.
1989     2.  In determining if the purchase, sale, or wastewater
1990facility privatization contract is in the public interest, the
1991District shall consider, at a minimum, the following:
1992     a.  The most recent available income and expense statement
1993for the utility.
1994     b.  The most recent available balance sheet for the
1995utility, listing assets and liabilities and clearly showing the
1996amount of contributions in aid of construction and the
1997accumulated depreciation thereon.
1998     c.  A statement of the existing rate base of the utility
1999for regulatory purposes.
2000     d.  The physical condition of the utility facilities being
2001purchased or sold or subject to a wastewater facility
2002privatization contract.
2003     e.  The reasonableness of the purchase, sale, or wastewater
2004facility privatization contract price and terms.
2005     f.  The impacts of the purchase, sale, or wastewater
2006facility privatization contract on utility customers, both
2007positive and negative.
2008     g.  Any additional investment required and the ability and
2009willingness of the purchaser or the private firm under a
2010wastewater facility privatization contract to make that
2011investment, whether the purchaser is the District or the entity
2012purchasing the utility from the District.
2013     h.  In the case of a wastewater facility privatization
2014contract, the terms and conditions on which the private firm
2015will provide capital investment and financing or a combination
2016thereof for contemplated capital replacements, additions,
2017expansions, and repairs.
2018     i.  The alternatives to the purchase, sale, or wastewater
2019facility privatization contract and the potential impact on
2020utility customers if the purchase, sale, or wastewater facility
2021privatization contract is not made.
2022     j.  The ability of the purchaser or the private firm under
2023a wastewater facility privatization contract to provide and
2024maintain high-quality and cost-effective utility service,
2025whether the purchaser is the District or the entity purchasing
2026the utility from the District.
2027     k.  In the case of a wastewater facility privatization
2028contract, the District shall give significant weight to the
2029technical expertise and experience of the private firm in
2030carrying out the obligations specified in the wastewater
2031facility privatization contract.
2032     l.  All moneys paid by a private firm to a District
2033pursuant to a wastewater facility privatization contract shall
2034be used for the purpose of reducing or offsetting property
2035taxes, wastewater service rates, or debt reduction or making
2036infrastructure improvements or capital asset expenditures or
2037other public purpose, provided, however, that nothing herein
2038shall preclude the District from using all or part of the moneys
2039for the purpose of the District's qualification for relief from
2040the repayment of federal grant awards associated with the
2041wastewater system as may be required by federal law or
2042regulation. The District shall prepare a statement showing that
2043the purchase, sale, or wastewater facility privatization
2044contract is in the public interest, including a summary of the
2045purchaser's or private firm's experience in water, sewer, or
2046wastewater reuse utility operation and a showing of financial
2047ability to provide the service, whether the purchaser or private
2048firm is the District or the entity purchasing the utility from
2049the District.
2050     (c)  To provide bridges or culverts that may be needed
2051across any drain, ditch, canal, floodway, holding basin,
2052excavation, public highway, tract, grade, fill, or cut and
2053roadways over levees and embankments, and to construct any and
2054all of such works and improvements across, through, or over any
2055public right-of way, highway, grade, fill, or cut.
2056     (d)  To provide district roads equal to or exceeding the
2057specifications of the county in which such District roads are
2058located, and to provide street lights, including conditions of
2059development approval for which specifications may sometimes be
2060different than the normal specifications of the county. This
2061special power includes, but is not limited to, roads, parkways,
2062bridges, landscaping, hardscaping, irrigation, bicycle lanes,
2063jogging paths, street lighting, traffic signals, regulatory or
2064informational signage, road striping, underground conduit,
2065underground cable or fiber or wire installed to pursuant an
2066agreement with or tariff of a retail provider of services, and
2067all other customary elements of a functioning modern road system
2068in general or as tied to the conditions of development approval
2069for the area within the District, and parking facilities that
2070are freestanding or that may be related to any innovative
2071strategic intermodal system of transportation pursuant to
2072applicable federal, state, and local law and ordinance.
2073     (e)  To provide buses, trolleys, transit shelters,
2074ridesharing facilities and services, parking improvements, and
2075related signage.
2076     (f)  To provide investigation and remediation costs
2077associated with the cleanup of actual or perceived environmental
2078contamination within the District under the supervision or
2079direction of a competent governmental authority unless the
2080covered costs benefit any person who is a landowner within the
2081District and who caused or contributed to the contamination.
2082     (g)  To provide observation areas, mitigation areas, and
2083wildlife habitat, including the maintenance of any plant or
2084animal species, and any related interest in real or personal
2085property.
2086     (h)  Using its general and special powers as set forth in
2087this act, to provide any other project within or without the
2088boundaries of the District when the project is the subject of an
2089agreement between the District and the Board of County
2090Commissioners of either Manatee County or Sarasota County or
2091with any other applicable public or private entity, and is not
2092inconsistent with the effective local comprehensive plans.
2093     (i)  To provide parks and facilities for indoor and outdoor
2094recreational, cultural, and educational uses.
2095     (j)  To provide fire prevention and control, including fire
2096stations, water mains and plugs, fire trucks, and other vehicles
2097and equipment.
2098     (k)  To provide school buildings and related structures,
2099which may be leased, sold, or donated to the school district,
2100for use in the educational system when authorized by the
2101district school board.
2102     (l)  To provide security, including, but not limited to,
2103guardhouses, fences, and gates, electronic intrusion-detection
2104systems, and patrol cars, when authorized by proper governmental
2105agencies; however, the District may not exercise any powers of a
2106law enforcement agency but may contract with the appropriate
2107local general-purpose government agencies for an increased level
2108of such services within the District boundaries. Notwithstanding
2109any provision of general law, the District may operate
2110guardhouses for the limited purpose of providing security for
2111the residents of the District and which serve a predominate
2112public, as opposed to private, purpose. Such guardhouses shall
2113be operated by the District or any other unit of local
2114government pursuant to procedures designed to serve such
2115security purposes as set forth in rules adopted by the board,
2116from time to time, following the procedures set forth in chapter
2117120, Florida Statutes.
2118     (m)  To provide control and elimination of mosquitoes and
2119other arthropods of public health importance.
2120     (n)  To provide waste collection and disposal.
2121     (o)  To enter into impact fee credit agreements with
2122Manatee County or Sarasota County. Under such agreements, if the
2123District constructs or makes contributions for public systems,
2124facilities, services, projects, improvements, works, and
2125infrastructures for which impact fee credits would be available
2126to the landowner developer under the applicable impact fee
2127ordinance, the agreement authorized by this act shall provide
2128that such impact fee credit shall inure to the landowners within
2129the District in proportion to assessments or other burdens
2130levied and imposed upon the landowners with respect to
2131assessable improvements giving rise to such impact fee credits,
2132and the District shall from time to time execute such
2133instruments, such as assignments of impact fee credits, as may
2134be necessary, appropriate, or desirable to accomplish or to
2135confirm the foregoing.
2136     (p)  To provide buildings and structures for District
2137offices, maintenance facilities, meeting facilities, town
2138centers, or any other project authorized or granted by this act.
2139     (q)  To establish and create, at noticed meetings, such
2140governmental departments of the Board of Supervisors of the
2141District, as well as committees, task forces, boards, or
2142commissions, or other agencies under the supervision and control
2143of the District, as from time to time the members of the board
2144may deem necessary or desirable in the performance of the acts
2145or other things necessary to exercise the board's general or
2146special powers to implement an innovative project to carry out
2147the special purpose of the District as provided in this act and
2148to delegate the exercise of its powers to such departments,
2149boards, task forces, committees, or other agencies and such
2150administrative duties and other powers as the board may deem
2151necessary or desirable but only if there is a set of expressed
2152limitations for accountability, notice, and periodic written
2153reporting to the board that shall retain the powers of the
2154board.
2155
2156The enumeration of special powers herein shall not be deemed
2157exclusive or restrictive but shall be deemed to incorporate all
2158powers express or implied necessary or incident to carrying out
2159such enumerated special powers, including also the general
2160powers provided by this special act charter to the District to
2161implement its single purpose. Further, the provisions of this
2162subsection shall be construed liberally in order to carry out
2163effectively the special purpose of this District under this act.
2164The District shall only exercise the special powers described in
2165paragraphs (a) through (p) within Manatee County upon the
2166execution of an interlocal agreement between the District and
2167Manatee County consenting to the District's exercise of those
2168powers within Manatee County. The District shall only exercise
2169the special powers described in paragraphs (a) through (p)
2170within Sarasota County upon the execution of an interlocal
2171agreement between the District and Sarasota County consenting to
2172the District's exercise of those powers within Sarasota County.
2173The District may exercise different powers within each county,
2174depending upon the timing and content of the respective
2175interlocal agreement, as either may be amended from time to
2176time.
2177     (8)  ISSUANCE OF BOND ANTICIPATION NOTES.--In addition to
2178the other powers provided for in this act, and not in limitation
2179thereof, the District shall have the power, at any time and from
2180time to time after the issuance of any bonds of the District
2181shall have been authorized, to borrow money for the purposes for
2182which such bonds are to be issued in anticipation of the receipt
2183of the proceeds of the sale of such bonds and to issue bond
2184anticipation notes in a principal sum not in excess of the
2185authorized maximum amount of such bond issue. Such notes shall
2186be in such denomination or denominations, bear interest at such
2187rate as the board may determine not to exceed the maximum rate
2188allowed by general law, mature at such time or times not later
2189than 5 years from the date of issuance, and be in such form and
2190executed in such manner as the board shall prescribe. Such notes
2191may be sold at either public or private sale or, if such notes
2192shall be renewal notes, may be exchanged for notes then
2193outstanding on such terms as the board shall determine. Such
2194notes shall be paid from the proceeds of such bonds when issued.
2195The board may, in its discretion, in lieu of retiring the notes
2196by means of bonds, retire them by means of current revenues or
2197from any taxes or assessments levied for the payment of such
2198bonds, but, in such event, a like amount of the bonds authorized
2199shall not be issued.
2200     (9)  BORROWING.--The District at any time may obtain loans,
2201in such amount and on such terms and conditions as the board may
2202approve, for the purpose of paying any of the expenses of the
2203District or any costs incurred or that may be incurred in
2204connection with any of the projects of the District, which loans
2205shall bear interest as the board determines, not to exceed the
2206maximum rate allowed by general law, and may be payable from and
2207secured by a pledge of such funds, revenues, taxes, and
2208assessments as the board may determine, subject, however, to the
2209provisions contained in any proceeding under which bonds were
2210theretofore issued and are then outstanding. For the purpose of
2211defraying such costs and expenses, the District may issue
2212negotiable notes, warrants, or other evidences of debt to be
2213payable at such times and to bear such interest as the board may
2214determine, not to exceed the maximum rate allowed by general
2215law, and to be sold or discounted at such price or prices not
2216less than 95 percent of par value and on such terms as the board
2217may deem advisable. The board shall have the right to provide
2218for the payment thereof by pledging the whole or any part of the
2219funds, revenues, taxes, and assessments of the District. The
2220approval of the electors residing in the District shall not be
2221necessary except when required by the State Constitution.
2222     (10)  BONDS.--
2223     (a)  Sale of bonds.--Bonds may be sold in blocks or
2224installments at different times, or an entire issue or series
2225may be sold at one time. Bonds may be sold at public or private
2226sale after such advertisement, if any, as the board may deem
2227advisable but not in any event at less than 90 percent of the
2228par value thereof, together with accrued interest thereon. Bonds
2229may be sold or exchanged for refunding bonds. Special assessment
2230and revenue bonds may be delivered by the District as payment of
2231the purchase price of any project or part thereof, or a
2232combination of projects or parts thereof, or as the purchase
2233price or exchange for any property, real, personal, or mixed,
2234including franchises or services rendered by any contractor,
2235engineer, or other person, all at one time or in blocks from
2236time to time, in such manner and upon such terms as the board in
2237its discretion shall determine. The price or prices for any
2238bonds sold, exchanged, or delivered may be:
2239     1.  The money paid for the bonds.
2240     2.  The principal amount, plus accrued interest to the date
2241of redemption or exchange, or outstanding obligations exchanged
2242for refunding bonds.
2243     3.  In the case of special assessment or revenue bonds, the
2244amount of any indebtedness to contractors or other persons paid
2245with such bonds, or the fair value of any properties exchanged
2246for the bonds, as determined by the board.
2247     (b)  Authorization and form of bonds.--Any general
2248obligation bonds, special assessment bonds, or revenue bonds may
2249be authorized by resolution or resolutions of the board which
2250shall be adopted by a majority of all the members thereof then
2251in office. Such resolution or resolutions may be adopted at the
2252same meeting at which they are introduced and need not be
2253published or posted. The board may, by resolution, authorize the
2254issuance of bonds and fix the aggregate amount of bonds to be
2255issued; the purpose or purposes for which the moneys derived
2256therefrom shall be expended, including, but not limited to,
2257payment of costs as defined in section 2(2)(i); the rate or
2258rates of interest, not to exceed the maximum rate allowed by
2259general law; the denomination of the bonds; whether or not the
2260bonds are to be issued in one or more series; the date or dates
2261of maturity, which shall not exceed 40 years from their
2262respective dates of issuance; the medium of payment; the place
2263or places within or without the state at which payment shall be
2264made; registration privileges; redemption terms and privileges,
2265whether with or without premium; the manner of execution; the
2266form of the bonds, including any interest coupons to be attached
2267thereto; the manner of execution of bonds and coupons; and any
2268and all other terms, covenants, and conditions thereof and the
2269establishment of revenue or other funds. Such authorizing
2270resolution or resolutions may further provide for the contracts
2271authorized by section 159.825(1)(f) and (g), Florida Statutes,
2272regardless of the tax treatment of such bonds being authorized,
2273subject to the finding by the board of a net saving to the
2274District resulting by reason thereof. Such authorizing
2275resolution may further provide that such bonds may be executed
2276in accordance with the Registered Public Obligations Act, except
2277that bonds not issued in registered form shall be valid if
2278manually countersigned by an officer designated by appropriate
2279resolution of the board. The seal of the District may be
2280affixed, lithographed, engraved, or otherwise reproduced in
2281facsimile on such bonds. In case any officer whose signature
2282shall appear on any bonds or coupons shall cease to be such
2283officer before the delivery of such bonds, such signature or
2284facsimile shall nevertheless be valid and sufficient for all
2285purposes the same as if he or she had remained in office until
2286such delivery.
2287     (c)  Interim certificates; replacement
2288certificates.--Pending the preparation of definitive bonds, the
2289board may issue interim certificates or receipts or temporary
2290bonds, in such form and with such provisions as the board may
2291determine, exchangeable for definitive bonds when such bonds
2292have been executed and are available for delivery. The board may
2293also provide for the replacement of any bonds which become
2294mutilated, lost, or destroyed.
2295     (d)  Negotiability of bonds.--Any bond issued under this
2296act or any temporary bond, in the absence of an express recital
2297on the face thereof that it is nonnegotiable, shall be fully
2298negotiable and shall be and constitute a negotiable instrument
2299within the meaning and for all purposes of the law merchant and
2300the laws of the state.
2301     (e)  Defeasance.--The board may make such provision with
2302respect to the defeasance of the right, title, and interest of
2303the holders of any of the bonds and obligations of the District
2304in any revenues, funds, or other properties by which such bonds
2305are secured as the board deems appropriate and, without
2306limitation on the foregoing, may provide that when such bonds or
2307obligations become due and payable or shall have been called for
2308redemption and the whole amount of the principal and interest
2309and premium, if any, due and payable upon the bonds or
2310obligations then outstanding shall be held in trust for such
2311purpose, and provision shall also be made for paying all other
2312sums payable in connection with such bonds or other obligations,
2313then and in such event the right, title, and interest of the
2314holders of the bonds in any revenues, funds, or other properties
2315by which such bonds are secured shall thereupon cease,
2316terminate, and become void; and the board may apply any surplus
2317in any sinking fund established in connection with such bonds or
2318obligations and all balances remaining in all other funds or
2319accounts other than moneys held for the redemption or payment of
2320the bonds or other obligations to any lawful purpose of the
2321District as the board shall determine.
2322     (f)  Issuance of additional bonds.--If the proceeds of any
2323bonds are less than the cost of completing the project in
2324connection with which such bonds were issued, the board may
2325authorize the issuance of additional bonds, upon such terms and
2326conditions as the board may provide in the resolution
2327authorizing the issuance thereof, but only in compliance with
2328the resolution or other proceedings authorizing the issuance of
2329the original bonds.
2330     (g)  Refunding bonds.--The District shall have the power to
2331issue bonds to provide for the retirement or refunding of any
2332bonds or obligations of the District that at the time of such
2333issuance are or subsequent thereto become due and payable, or
2334that at the time of issuance have been called or are or will be
2335subject to call for redemption within 10 years thereafter, or
2336the surrender of which can be procured from the holders thereof
2337at prices satisfactory to the board. Refunding bonds may be
2338issued at any time that in the judgment of the board such
2339issuance will be advantageous to the District. No approval of
2340the qualified electors residing in the District shall be
2341required for the issuance of refunding bonds except in cases in
2342which such approval is required by the State Constitution. The
2343board may by resolution confer upon the holders of such
2344refunding bonds all rights, powers, and remedies to which the
2345holders would be entitled if they continued to be the owners and
2346had possession of the bonds for the refinancing of which such
2347refunding bonds are issued, including, but not limited to, the
2348preservation of the lien of such bonds on the revenues of any
2349project or on pledged funds, without extinguishment, impairment,
2350or diminution thereof. The provisions of this act pertaining to
2351bonds of the District shall, unless the context otherwise
2352requires, govern the issuance of refunding bonds, the form and
2353other details thereof, the rights of the holders thereof, and
2354the duties of the board with respect to them.
2355     (h)  Revenue bonds.--
2356     1.  The District shall have the power to issue revenue
2357bonds from time to time without limitation as to amount. Such
2358revenue bonds may be secured by, or payable from, the gross or
2359net pledge of the revenues to be derived from any project or
2360combination of projects; from the rates, fees, or other charges
2361to be collected from the users of any project or projects; from
2362any revenue-producing undertaking or activity of the District;
2363from special assessments; or from benefit special assessments;
2364or from any other source or pledged security. Such bonds shall
2365not constitute an indebtedness of the District, and the approval
2366of the qualified electors shall not be required unless such
2367bonds are additionally secured by the full faith and credit and
2368taxing power of the District.
2369     2.  Any two or more projects may be combined and
2370consolidated into a single project and may hereafter be operated
2371and maintained as a single project. The revenue bonds authorized
2372herein may be issued to finance any one or more of such
2373projects, regardless of whether or not such projects have been
2374combined and consolidated into a single project. If the board
2375deems it advisable, the proceedings authorizing such revenue
2376bonds may provide that the District may thereafter combine the
2377projects then being financed or theretofore financed with other
2378projects to be subsequently financed by the District and that
2379revenue bonds to be thereafter issued by the District shall be
2380on parity with the revenue bonds then being issued, all on such
2381terms, conditions, and limitations as shall have been provided
2382in the proceeding which authorized the original bonds.
2383     (i)  General obligation bonds.--
2384     1.  Subject to the limitations of this charter, the
2385District shall have the power from time to time to issue general
2386obligation bonds to finance or refinance capital projects or to
2387refund outstanding bonds in an aggregate principal amount of
2388bonds outstanding at any one time not in excess of 35 percent of
2389the assessed value of the taxable property within the District
2390as shown on the pertinent tax records at the time of the
2391authorization of the general obligation bonds for which the full
2392faith and credit of the District is pledged. Except for
2393refunding bonds, no general obligation bonds shall be issued
2394unless the bonds are issued to finance or refinance a capital
2395project and the issuance has been approved at an election held
2396in accordance with the requirements for such election as
2397prescribed by the State Constitution. Such elections shall be
2398called to be held in the District by the Board of County
2399Commissioners of Manatee and Sarasota Counties upon the request
2400of the board of the District. The expenses of calling and
2401holding an election shall be at the expense of the District, and
2402the District shall reimburse the county for any expenses
2403incurred in calling or holding such election.
2404     2.  The District may pledge its full faith and credit for
2405the payment of the principal and interest on such general
2406obligation bonds and for any reserve funds provided therefor and
2407may unconditionally and irrevocably pledge itself to levy ad
2408valorem taxes on all taxable property in the District, to the
2409extent necessary for the payment thereof, without limitation as
2410to rate or amount.
2411     3.  If the board determines to issue general obligation
2412bonds for more than one capital project, the approval of the
2413issuance of the bonds for each and all such projects may be
2414submitted to the electors on one and the same ballot. The
2415failure of the electors to approve the issuance of bonds for any
2416one or more capital projects shall not defeat the approval of
2417bonds for any capital project which has been approved by the
2418electors.
2419     4.  In arriving at the amount of general obligation bonds
2420permitted to be outstanding at any one time pursuant to
2421subparagraph 1., there shall not be included any general
2422obligation bonds which are additionally secured by the pledge
2423of:
2424     a.  Any assessments levied in an amount sufficient to pay
2425the principal and interest on the general obligation bonds so
2426additionally secured, which assessments have been equalized and
2427confirmed by resolution of the board pursuant to this act or
2428section 170.08, Florida Statutes.
2429     b.  Water revenues, sewer revenues, or water and sewer
2430revenues of the District to be derived from user fees in an
2431amount sufficient to pay the principal and interest on the
2432general obligation bonds so additionally secured.
2433     c.  Any combination of assessments and revenues described
2434in sub-subparagraphs a. and b.
2435     (j)  Bonds as legal investment or security.--
2436     1.  Notwithstanding any provisions of any other law to the
2437contrary, all bonds issued under the provisions of this act
2438shall constitute legal investments for savings banks, banks,
2439trust companies, insurance companies, executors, administrators,
2440trustees, guardians, and other fiduciaries and for any board,
2441body, agency, instrumentality, county, municipality, or other
2442political subdivision of the state and shall be and constitute
2443security which may be deposited by banks or trust companies as
2444security for deposits of state, county, municipal, or other
2445public funds or by insurance companies as required or voluntary
2446statutory deposits.
2447     2.  Any bonds issued by the District shall be incontestable
2448in the hands of bona fide purchasers or holders for value and
2449shall not be invalid because of any irregularity or defect in
2450the proceedings for the issue and sale thereof.
2451     (k)  Covenants.--Any resolution authorizing the issuance of
2452bonds may contain such covenants as the board may deem
2453advisable, and all such covenants shall constitute valid and
2454legally binding and enforceable contracts between the District
2455and the bondholders, regardless of the time of issuance thereof.
2456Such covenants may include, without limitation, covenants
2457concerning the disposition of the bond proceeds; the use and
2458disposition of project revenues; the pledging of revenues,
2459taxes, and assessments; the obligations of the District with
2460respect to the operation of the project and the maintenance of
2461adequate project revenues; the issuance of additional bonds; the
2462appointment, powers, and duties of trustees and receivers; the
2463acquisition of outstanding bonds and obligations; restrictions
2464on the establishing of competing projects or facilities;
2465restrictions on the sale or disposal of the assets and property
2466of the District; the priority of assessment liens; the priority
2467of claims by bondholders on the taxing power of the District;
2468the maintenance of deposits to ensure the payment of revenues by
2469users of District facilities and services; the discontinuance of
2470District services by reason of delinquent payments; acceleration
2471upon default; the execution of necessary instruments; the
2472procedure for amending or abrogating covenants with the
2473bondholders; and such other covenants as may be deemed necessary
2474or desirable for the security of the bondholders.
2475     (l)  Validation proceedings.--The power of the District to
2476issue bonds under the provisions of this act may be determined,
2477and any of the bonds of the District maturing over a period of
2478more than 5 years shall be validated and confirmed, by court
2479decree, under the provisions of chapter 75, Florida Statutes,
2480and laws amendatory thereof or supplementary thereto.
2481     (m)  Tax exemption.--To the extent allowed by general law,
2482all bonds issued hereunder and interest paid thereon and all
2483fees, charges, and other revenues derived by the District from
2484the projects provided by this act are exempt from all taxes by
2485the state or by any political subdivision, agency, or
2486instrumentality thereof; however, any interest, income, or
2487profits on debt obligations issued hereunder are not exempt from
2488the tax imposed by chapter 220, Florida Statutes. Further, the
2489District is not exempt from the provisions of chapter 212,
2490Florida Statutes.
2491     (n)  Application of section 189.4085, Florida
2492Statutes.--Bonds issued by the District shall meet the criteria
2493set forth in section 189.4085, Florida Statutes.
2494     (o)  Act furnishes full authority for issuance of
2495bonds.--This act constitutes full and complete authority for the
2496issuance of bonds and the exercise of the powers of the District
2497provided herein. No procedures or proceedings, publications,
2498notices, consents, approvals, orders, acts, or things by the
2499board, or any board, officer, commission, department, agency, or
2500instrumentality of the District, other than those required by
2501this act, shall be required to perform anything under this act,
2502except that the issuance or sale of bonds pursuant to the
2503provisions of this act shall comply with the general law
2504requirements applicable to the issuance or sale of bonds by the
2505District. Nothing in this act shall be construed to authorize
2506the District to utilize bond proceeds to fund the ongoing
2507operations of the District.
2508     (p)  Pledge by the state to the bondholders of the
2509District.--The state pledges to the holders of any bonds issued
2510under this act that it will not limit or alter the rights of the
2511District to own, acquire, construct, reconstruct, improve,
2512maintain, operate, or furnish the projects or to levy and
2513collect the taxes, assessments, rentals, rates, fees, and other
2514charges provided for herein and to fulfill the terms of any
2515agreement made with the holders of such bonds or other
2516obligations and that it will not in any way impair the rights or
2517remedies of such holders.
2518     (q)  Default.--A default on the bonds or obligations of a
2519District shall not constitute a debt or obligation of the state
2520or any general-purpose local government or the state.
2521     (11)  TRUST AGREEMENTS.--Any issue of bonds shall be
2522secured by a trust agreement by and between the District and a
2523corporate trustee or trustees, which may be any trust company or
2524bank having the powers of a trust company within or without the
2525state. The resolution authorizing the issuance of the bonds or
2526such trust agreement may pledge the revenues to be received from
2527any projects of the District and may contain such provisions for
2528protecting and enforcing the rights and remedies of the
2529bondholders as the board may approve, including, without
2530limitation, covenants setting forth the duties of the District
2531in relation to: the acquisition, construction, reconstruction,
2532improvement, maintenance, repair, operation, and insurance of
2533any projects; the fixing and revising of the rates, fees, and
2534charges; and the custody, safeguarding, and application of all
2535moneys and for the employment of consulting engineers in
2536connection with such acquisition, construction, reconstruction,
2537improvement, maintenance, repair, or operation. It shall be
2538lawful for any bank or trust company within or without the state
2539which may act as a depository of the proceeds of bonds or of
2540revenues to furnish such indemnifying bonds or to pledge such
2541securities as may be required by the District. Such resolution
2542or trust agreement may set forth the rights and remedies of the
2543bondholders and of the trustee, if any, and may restrict the
2544individual right of action by bondholders. The board may provide
2545for the payment of proceeds of the sale of the bonds and the
2546revenues of any project to such officer, board, or depository as
2547it may designate for the custody thereof and may provide for the
2548method of disbursement thereof with such safeguards and
2549restrictions as it may determine. All expenses incurred in
2550carrying out the provisions of such resolution or trust
2551agreement may be treated as part of the cost of operation of the
2552project to which such trust agreement pertains.
2553     (12)  AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL
2554ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL
2555ASSESSMENTS; MAINTENANCE TAXES.--
2556     (a)  Ad valorem taxes.--An elected board shall have the
2557power to levy and assess an ad valorem tax on all the taxable
2558property in the District to construct, operate, and maintain
2559assessable improvements; to pay the principal of, and interest
2560on, any general obligation bonds of the District; and to provide
2561for any sinking or other funds established in connection with
2562any such bonds. An ad valorem tax levied by the board for
2563operating purposes, exclusive of debt service on bonds, shall
2564not exceed 3 mills. The ad valorem tax provided for herein shall
2565be in addition to county and all other ad valorem taxes provided
2566for by law. Such tax shall be assessed, levied, and collected in
2567the same manner and at the same time as county taxes. The levy
2568of ad valorem taxes must be approved by referendum as required
2569by Section 9 of Article VII of the State Constitution.
2570     (b)  Benefit special assessments.--The board annually shall
2571determine, order, and levy the annual installment of the total
2572benefit special assessments for bonds issued and related
2573expenses to finance assessable improvements. These assessments
2574may be due and collected during each year that county taxes are
2575due and collected, in which case such annual installment and
2576levy shall be evidenced to and certified to the property
2577appraiser by the board not later than August 31 of each year.
2578Such assessment shall be entered by the property appraiser on
2579the county tax rolls and shall be collected and enforced by the
2580tax collector in the same manner and at the same time as county
2581taxes, and the proceeds thereof shall be paid to the District.
2582However, this subsection shall not prohibit the District in its
2583discretion from using the method prescribed in either section
2584197.3632 or chapter 173, Florida Statutes, as each may be
2585amended from time to time, for collecting and enforcing these
2586assessments. Each annual installment of benefit special
2587assessments shall be a lien on the property against which
2588assessed until paid and shall be enforceable in like manner as
2589county taxes. The amount of the assessment for the exercise of
2590the District's powers under subsections (6) and (7) shall be
2591determined by the board based upon a report of the District's
2592engineer and assessed by the board upon such lands, which may be
2593part or all of the lands within the District benefited by the
2594improvement, apportioned between benefited lands in proportion
2595to the benefits received by each tract of land. The board may,
2596if it determines it is in the best interests of the District,
2597set forth in the proceedings initially levying such benefit
2598special assessments or in subsequent proceedings a formula for
2599the determination of an amount, which when paid by a taxpayer
2600with respect to any tax parcel, shall constitute a prepayment of
2601all future annual installments of such benefit special
2602assessments and that the payment of which amount with respect to
2603such tax parcel shall relieve and discharge such tax parcel of
2604the lien of such benefit special assessments and any subsequent
2605annual installment thereof. The board may provide further that
2606upon delinquency in the payment of any annual installment of
2607benefit special assessments, the prepayment amount of all future
2608annual installments of benefit special assessments as determined
2609in the preceding sentence shall be and become immediately due
2610and payable together with such delinquent annual installment.
2611     (c)  Non-ad valorem maintenance taxes.--If and when
2612authorized by general law, to maintain and to preserve the
2613physical facilities and services constituting the works,
2614improvements, or infrastructure provided by the District
2615pursuant to this act, to repair and restore any one or more of
2616them, when needed, and to defray the current expenses of the
2617District, including any sum which may be required to pay state
2618and county ad valorem taxes on any lands which may have been
2619purchased and which are held by the District under the
2620provisions of this act, the Board of Supervisors may, upon the
2621completion of said systems, facilities, services, works,
2622improvements, or infrastructure, in whole or in part, as may be
2623certified to the board by the engineer of the board, levy
2624annually a non-ad valorem and nonmillage tax upon each tract or
2625parcel of land within the District, to be known as a
2626"maintenance tax." This non-ad valorem maintenance tax shall be
2627apportioned upon the basis of the net assessments of benefits
2628assessed as accruing from the original construction and shall be
2629evidenced to and certified by the Board of Supervisors of the
2630District not later than June 1 of each year to the property
2631appraisers of Manatee and Sarasota Counties and shall be
2632extended by the property appraiser on the tax roll of the
2633property appraiser, as certified by the property appraiser to
2634the tax collector, and collected by the tax collector on the
2635merged collection roll of the tax collector in the same manner
2636and at the same time as county ad valorem taxes, and the
2637proceeds therefrom shall be paid to the District. This non-ad
2638valorem maintenance tax shall be a lien until paid on the
2639property against which assessed and enforceable in like manner
2640and of the same dignity as county ad valorem taxes.
2641     (d)  Maintenance special assessments.--To maintain and
2642preserve the facilities and projects of the District, the board
2643may levy a maintenance special assessment. This assessment may
2644be evidenced to and certified to the property appraiser by the
2645Board of Supervisors not later than August 31 of each year and
2646shall be entered by the property appraiser on the county tax
2647rolls and shall be collected and enforced by the tax collector
2648in the same manner and at the same time as county taxes, and the
2649proceeds therefrom shall be paid to the District. However, this
2650subsection shall not prohibit the District in its discretion
2651from using the method prescribed in either section 197.363,
2652section 197.3631, or section 197.3632, Florida Statutes, for
2653collecting and enforcing these assessments. These maintenance
2654special assessments shall be a lien on the property against
2655which assessed until paid and shall be enforceable in like
2656manner as county taxes. The amount of the maintenance special
2657assessment for the exercise of the District's powers under this
2658section shall be determined by the board based upon a report of
2659the District's engineer and assessed by the board upon such
2660lands, which may be all of the lands within the District
2661benefited by the maintenance thereof, apportioned between the
2662benefited lands in proportion to the benefits received by each
2663tract of land.
2664     (e)  Special assessments.--To levy and impose any special
2665assessments pursuant to this subsection.
2666     (f)  Enforcement of taxes.--The collection and enforcement
2667of all taxes levied by the District shall be at the same time
2668and in like manner as county taxes, and the provisions of the
2669laws of Florida relating to the sale of lands for unpaid and
2670delinquent county taxes; the issuance, sale, and delivery of tax
2671certificates for such unpaid and delinquent county taxes; the
2672redemption thereof; the issuance to individuals of tax deeds
2673based thereon; and all other procedures in connection therewith
2674shall be applicable to the District to the same extent as if
2675such statutory provisions were expressly set forth herein. All
2676taxes shall be subject to the same discounts as county taxes.
2677     (g)  When unpaid tax is delinquent; penalty.--All taxes
2678provided for in this act shall become delinquent and bear
2679penalties on the amount of such taxes in the same manner as
2680county taxes.
2681     (h)  Status of assessments.--Benefit special assessments,
2682maintenance special assessments, and special assessments are
2683hereby found and determined to be non-ad valorem assessments as
2684defined by section 197.3632, Florida Statutes. Maintenance taxes
2685are non-ad valorem taxes and are not special assessments.
2686     (i)  Assessments constitute liens; collection.--Any and all
2687assessments, including special assessments, benefit special
2688assessments, and maintenance special assessments authorized by
2689this section, and including special assessments as defined by
2690section 2(2)(z) and granted and authorized by this subsection,
2691and including maintenance taxes if authorized by general law,
2692shall constitute a lien on the property against which assessed
2693from the date of levy and imposition thereof until paid, coequal
2694with the lien of state, county, municipal, and school board
2695taxes. These assessments may be collected, at the District's
2696discretion, under authority of section 197.3631, Florida
2697Statutes, as amended from time to time, by the tax collector
2698pursuant to the provisions of sections 197.3632 and 197.3635,
2699Florida Statutes, as amended from time to time, or in accordance
2700with other collection measures provided by law. In addition to,
2701and not in limitation of, any powers otherwise set forth herein
2702or in general law, these assessments may also be enforced
2703pursuant to the provisions of chapter 173, Florida Statutes, as
2704amended from time to time.
2705     (j)  Land owned by governmental entity.--Except as
2706otherwise provided by law, no levy of ad valorem taxes or non-ad
2707valorem assessments under this act, chapter 170, or chapter 197,
2708Florida Statutes, as each may be amended from time to time, or
2709otherwise, by a board of a District, on property of a
2710governmental entity that is subject to a ground lease as
2711described in section 190.003(13), Florida Statutes, shall
2712constitute a lien or encumbrance on the underlying fee interest
2713of such governmental entity.
2714     (13)  SPECIAL ASSESSMENTS.--
2715     (a)  As an alternative method to the levy and imposition of
2716special assessments pursuant to chapter 170, Florida Statutes,
2717pursuant to the authority of section 197.3631, Florida Statutes,
2718or pursuant to other provisions of general law, now or hereafter
2719enacted, which provide a supplemental means or authority to
2720impose, levy, and collect special assessments as otherwise
2721authorized under this act, the board may levy and impose special
2722assessments to finance the exercise of any of its powers
2723permitted under this act using the following uniform procedures:
2724     1.  At a noticed meeting, the Board of Supervisors of the
2725District may consider and review an engineer's report on the
2726costs of the systems, facilities, and services to be provided, a
2727preliminary assessment methodology, and a preliminary roll based
2728on acreage or platted lands, depending upon whether platting has
2729occurred.
2730     a.  The assessment methodology shall address and discuss
2731and the board shall consider whether the systems, facilities,
2732and services being contemplated will result in special benefits
2733peculiar to the property, different in kind and degree than
2734general benefits, as a logical connection between the systems,
2735facilities, and services themselves and the property, and
2736whether the duty to pay the assessments by the property owners
2737is apportioned in a manner that is fair and equitable and not in
2738excess of the special benefit received. It shall be fair and
2739equitable to designate a fixed proportion of the annual debt
2740service, together with interest thereon, on the aggregate
2741principal amount of bonds issued to finance such systems,
2742facilities, and services which give rise to unique, special, and
2743peculiar benefits to property of the same or similar
2744characteristics under the assessment methodology so long as such
2745fixed proportion does not exceed the unique, special, and
2746peculiar benefits enjoyed by such property from such systems,
2747facilities, and services.
2748     b.  The engineer's cost report shall identify the nature of
2749the proposed systems, facilities, and services, their location,
2750a cost breakdown plus a total estimated cost, including cost of
2751construction or reconstruction, labor, and materials, lands,
2752property, rights, easements, franchises, or systems, facilities,
2753and services to be acquired, cost of plans and specifications,
2754surveys of estimates of costs and revenues, costs of
2755engineering, legal, and other professional consultation
2756services, and other expenses or costs necessary or incident to
2757determining the feasibility or practicability of such
2758construction, reconstruction, or acquisition, administrative
2759expenses, relationship to the authority and power of the
2760District in its charter, and such other expenses or costs as may
2761be necessary or incident to the financing to be authorized by
2762the Board of Supervisors.
2763     c.  The preliminary assessment roll to be prepared will be
2764in accordance with the method of assessment provided for in the
2765assessment methodology and as may be adopted by the Board of
2766Supervisors; the assessment roll shall be completed as promptly
2767as possible and shall show the acreage, lots, lands, or plats
2768assessed and the amount of the fairly and reasonably apportioned
2769assessment based on special and peculiar benefit to the
2770property, lot, parcel, or acreage of land; and, if the
2771assessment against each such lot, parcel, acreage, or portion of
2772land is to be paid in installments, the number of annual
2773installments in which the assessment is divided shall be entered
2774into and shown upon the assessment roll.
2775     2.  The Board of Supervisors of the District may determine
2776and declare by an initial assessment resolution to levy and
2777assess the assessments with respect to assessable improvements
2778stating the nature of the systems, facilities, and services,
2779improvements, projects, or infrastructure constituting such
2780assessable improvements, the information in the engineer's cost
2781report, the information in the assessment methodology as
2782determined by the board at the noticed meeting and referencing
2783and incorporating as part of the resolution the engineer's cost
2784report, the preliminary assessment methodology, and the
2785preliminary assessment roll as referenced exhibits to the
2786resolution by reference. If the board determines to declare and
2787levy the special assessments by the initial assessment
2788resolution, the board shall also adopt and declare a notice
2789resolution which shall provide and cause the initial assessment
2790resolution to be published once a week for a period of 2 weeks
2791in newspapers of general circulation published in Manatee and
2792Sarasota Counties and said board shall by the same resolution
2793fix a time and place at which the owner or owners of the
2794property to be assessed or any other persons interested therein
2795may appear before said board and be heard as to the propriety
2796and advisability of making such improvements, as to the costs
2797thereof, as to the manner of payment therefor, and as to the
2798amount thereof to be assessed against each property so improved.
2799Thirty days' notice in writing of such time and place shall be
2800given to such property owners. The notice shall include the
2801amount of the assessment and shall be served by mailing a copy
2802to each assessed property owner at his or her last known
2803address, the names and addresses of such property owners to be
2804obtained from the record of the property appraiser of the county
2805political subdivision in which the land is located or from such
2806other sources as the district manager or engineer deems
2807reliable, and proof of such mailing shall be made by the
2808affidavit of the manager of the District or by the engineer,
2809said proof to be filed with the district manager, provided that
2810failure to mail said notice or notices shall not invalidate any
2811of the proceedings hereunder. It is provided further that the
2812last publication shall be at least 1 week prior to the date of
2813the hearing on the final assessment resolution. Said notice
2814shall describe the general areas to be improved and advise all
2815persons interested that the description of each property to be
2816assessed and the amount to be assessed to each piece, parcel,
2817lot, or acre of property may be ascertained at the office of the
2818manager of the District. Such service by publication shall be
2819verified by the affidavit of the publisher and filed with the
2820manager of the District. Moreover, the initial assessment
2821resolution with its attached, referenced, and incorporated
2822engineer's cost report, preliminary assessment methodology, and
2823preliminary assessment roll, along with the notice resolution,
2824shall be available for public inspection at the office of the
2825manager and the office of the engineer or any other office
2826designated by the Board of Supervisors in the notice resolution.
2827Notwithstanding the foregoing, the landowners of all of the
2828property which is proposed to be assessed may give the District
2829written notice of waiver of any notice and publication provided
2830for in this subparagraph and such notice and publication shall
2831not be required, provided, however, that any meeting of the
2832Board of Supervisors to consider such resolution shall be a
2833publicly noticed meeting.
2834     3.  At the time and place named in the noticed resolution
2835as provided for in subparagraph 2., the Board of Supervisors of
2836the District shall meet and hear testimony from affected
2837property owners as to the propriety and advisability of making
2838the systems, facilities, services, projects, works,
2839improvements, or infrastructure and funding them with
2840assessments referenced in the initial assessment resolution on
2841the property. Following the testimony and questions from the
2842members of the board or any professional advisors to the
2843District of the preparers of the engineer's cost report, the
2844assessment methodology, and the assessment roll, the Board of
2845Supervisors shall make a final decision on whether to levy and
2846assess the particular assessments. Thereafter, the Board of
2847Supervisors shall meet as an equalizing board to hear and to
2848consider any and all complaints as to the particular assessments
2849and shall adjust and equalize the assessments on the basis of
2850justice and right.
2851     4.  When so equalized and approved by resolution or
2852ordinance by the Board of Supervisors, to be called the final
2853assessment resolution, a final assessment roll shall be filed
2854with the clerk of the board and such assessment shall stand
2855confirmed and remain legal, valid, and binding first liens on
2856the property against which such assessments are made until paid,
2857equal in dignity to the first liens of ad valorem taxation of
2858county and municipal governments and school boards. However,
2859upon completion of the systems, facilities, service, project,
2860improvement, works, or infrastructure, the District shall credit
2861to each of the assessments the difference in the assessment as
2862originally made, approved, levied, assessed, and confirmed and
2863the proportionate part of the actual cost of the improvement to
2864be paid by the particular special assessments as finally
2865determined upon the completion of the improvement; but in no
2866event shall the final assessment exceed the amount of the
2867special and peculiar benefits as apportioned fairly and
2868reasonably to the property from the system, facility, or service
2869being provided as originally assessed. Promptly after such
2870confirmation, the assessment shall be recorded by the clerk of
2871the District in the minutes of the proceedings of the District,
2872and the record of the lien in this set of minutes shall
2873constitute prima facie evidence of its validity. The Board of
2874Supervisors, in its sole discretion, may, by resolution grant a
2875discount equal to all or a part of the payee's proportionate
2876share of the cost of the project consisting of bond financing
2877cost, such as capitalized interest, funded reserves, and bond
2878discounts included in the estimated cost of the project, upon
2879payment in full of any assessments during such period prior to
2880the time such financing costs are incurred as may be specified
2881by the Board of Supervisors in such resolution.
2882     5.  District assessments may be made payable in
2883installments over no more than 30 years from the date of the
2884payment of the first installment thereof and may bear interest
2885at fixed or variable rates.
2886     (b)  Notwithstanding any provision of this act or chapter
2887170, Florida Statutes, that portion of section 170.09, Florida
2888Statutes, that provides that assessments may be paid without
2889interest at any time within 30 days after the improvement is
2890completed and a resolution accepting the same has been adopted
2891by the governing authority shall not be applicable to any
2892District assessments, whether imposed, levied, and collected
2893pursuant to the provisions of this act or other provisions of
2894Florida law, including, but not limited to chapter 170, Florida
2895Statutes.
2896     (c)  In addition, the District is authorized expressly in
2897the exercise of its rulemaking power to adopt a rule or rules
2898which provides or provide for notice, levy, imposition,
2899equalization, and collection of assessments.
2900     (14)  ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON
2901ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS.--
2902     (a)  The board may, after any special assessments or
2903benefit special assessments for assessable improvements are
2904made, determined, and confirmed as provided in this act, issue
2905certificates of indebtedness for the amount so assessed against
2906the abutting property or property otherwise benefited, as the
2907case may be, and separate certificates shall be issued against
2908each part or parcel of land or property assessed, which
2909certificates shall state the general nature of the improvement
2910for which the assessment is made. The certificates shall be
2911payable in annual installments in accordance with the
2912installments of the special assessment for which they are
2913issued. The board may determine the interest to be borne by such
2914certificates, not to exceed the maximum rate allowed by general
2915law, and may sell such certificates at either private or public
2916sale and determine the form, manner of execution, and other
2917details of such certificates. The certificates shall recite that
2918they are payable only from the special assessments levied and
2919collected from the part or parcel of land or property against
2920which they are issued. The proceeds of such certificates may be
2921pledged for the payment of principal of and interest on any
2922revenue bonds or general obligation bonds issued to finance in
2923whole or in part such assessable improvement, or, if not so
2924pledged, may be used to pay the cost or part of the cost of such
2925assessable improvements.
2926     (b)  The District may also issue assessment bonds, revenue
2927bonds, or other obligations payable from a special fund into
2928which such certificates of indebtedness referred to in the
2929preceding subsection may be deposited or, if such certificates
2930of indebtedness have not been issued, the District may assign to
2931such special fund for the benefit of the holders of such
2932assessment bonds or other obligations, or to a trustee for such
2933bondholders, the assessment liens provided for in this act
2934unless such certificates of indebtedness or assessment liens
2935have been theretofore pledged for any bonds or other obligations
2936authorized hereunder. In the event of the creation of such
2937special fund and the issuance of such assessment bonds or other
2938obligations, the proceeds of such certificates of indebtedness
2939or assessment liens deposited therein shall be used only for the
2940payment of the assessment bonds or other obligations issued as
2941provided in this section. The District is authorized to covenant
2942with the holders of such assessment bonds, revenue bonds, or
2943other obligations that it will diligently and faithfully enforce
2944and collect all the special assessments, and interest and
2945penalties thereon, for which such certificates of indebtedness
2946or assessment liens have been deposited in or assigned to such
2947fund; to foreclose such assessment liens so assigned to such
2948special fund or represented by the certificates of indebtedness
2949deposited in the special fund, after such assessment liens have
2950become delinquent, and deposit the proceeds derived from such
2951foreclosure, including interest and penalties, in such special
2952fund; and to make any other covenants deemed necessary or
2953advisable in order to properly secure the holders of such
2954assessment bonds or other obligations.
2955     (c)  The assessment bonds, revenue bonds, or other
2956obligations issued pursuant to this section shall have such
2957dates of issue and maturity as shall be deemed advisable by the
2958board; however, the maturities of such assessment bonds or other
2959obligations shall not be more than 2 years after the due date of
2960the last installment which will be payable on any of the special
2961assessments for which such assessment liens, or the certificates
2962of indebtedness representing such assessment liens, are assigned
2963to or deposited in such special fund.
2964     (d)  Such assessment bonds, revenue bonds, or other
2965obligations issued under this section shall bear such interest
2966as the board may determine, not to exceed the maximum rate
2967allowed by general law, and shall be executed, shall have such
2968provisions for redemption prior to maturity, shall be sold in
2969the manner, and shall be subject to all of the applicable
2970provisions contained in this act for revenue bonds, except as
2971the same may be inconsistent with the provisions of this
2972section.
2973     (e)  All assessment bonds, revenue bonds, or other
2974obligations issued under the provisions of this section shall
2975be, shall constitute, and shall have all the qualities and
2976incidents of negotiable instruments under the law merchant and
2977the laws of the state.
2978     (15)  TAX LIENS.--All taxes of the District provided for in
2979this act, except together with all penalties for default in the
2980payment of the same and all costs in collecting the same,
2981including a reasonable attorney's fee fixed by the court and
2982taxed as a cost in the action brought to enforce payment, shall,
2983from January 1 for each year the property is liable to
2984assessment and until paid, constitute a lien of equal dignity
2985with the liens for state and county taxes and other taxes of
2986equal dignity with state and county taxes upon all the lands
2987against which such taxes shall be levied. A sale of any of the
2988real property within the District for state and county or other
2989taxes shall not operate to relieve or release the property so
2990sold from the lien for subsequent District taxes or installments
2991of District taxes, which lien may be enforced against such
2992property as though no such sale thereof had been made. In
2993addition to, and not in limitation of, the preceding sentence,
2994for purposes of section 197.552, Florida Statutes, the lien of
2995all special assessments levied by the District shall constitute
2996a lien of record held by a municipal or county governmental
2997unit. The provisions of sections 194.171, 197.122, 197.333, and
2998197.432, Florida Statutes, shall be applicable to District taxes
2999with the same force and effect as if such provisions were
3000expressly set forth in this act.
3001     (16)  PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY THE
3002DISTRICT; SHARING IN PROCEEDS OF TAX SALE.--
3003     (a)  The District shall have the power and right to:
3004     1.  Pay any delinquent state, county, District, municipal,
3005or other tax or assessment upon lands located wholly or
3006partially within the boundaries of the District.
3007     2.  Redeem or purchase any tax sales certificates issued or
3008sold on account of any state, county, District, municipal, or
3009other taxes or assessments upon lands located wholly or
3010partially within the boundaries of the District.
3011     (b)  Delinquent taxes paid, or tax sales certificates
3012redeemed or purchased, by the District, together with all
3013penalties for the default in payment of the same and all costs
3014in collecting the same and a reasonable attorney's fee, shall
3015constitute a lien in favor of the District of equal dignity with
3016the liens of state and county taxes and other taxes of equal
3017dignity with state and county taxes upon all the real property
3018against which the taxes were levied. The lien of the District
3019may be foreclosed in the manner provided in this act.
3020     (c)  In any sale of land pursuant to section 197.542,
3021Florida Statutes, as may be amended from time to time, the
3022District may certify to the clerk of the circuit court of the
3023county holding such sale the amount of taxes due to the District
3024upon the lands sought to be sold, and the District shall share
3025in the disbursement of the sales proceeds in accordance with the
3026provisions of this act and under the laws of the state.
3027     (17)  FORECLOSURE OF LIENS.--Any lien in favor of the
3028District arising under this act may be foreclosed by the
3029District by foreclosure proceedings in the name of the District
3030in a court of competent jurisdiction as provided by general law
3031in like manner as is provided in chapter 173, Florida Statutes,
3032and amendments thereto and the provisions of that chapter shall
3033be applicable to such proceedings with the same force and effect
3034as if those provisions were expressly set forth in this act. Any
3035act required or authorized to be done by or on behalf of a
3036municipality in foreclosure proceedings under chapter 173,
3037Florida Statutes, may be performed by such officer or agent of
3038the District as the Board of Supervisors may designate. Such
3039foreclosure proceedings may be brought at any time after the
3040expiration of 1 year from the date any tax, or installment
3041thereof, becomes delinquent; however, no lien shall be
3042foreclosed against any political subdivision or agency of the
3043state. Other legal remedies shall remain available.
3044     (18)  MANDATORY USE OF CERTAIN DISTRICT SYSTEMS,
3045FACILITIES, AND SERVICES.--To the full extent permitted by law,
3046the District shall require all lands, buildings, premises,
3047persons, firms, and corporations within the District to use the
3048water management and control facilities and water and sewer
3049facilities of the District.
3050     (19)  COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS; RELATED
3051PROVISIONS REQUIRED.--
3052     (a)  No contract shall be let by the board for any goods,
3053supplies, or materials to be purchased when the amount thereof
3054to be paid by the District shall exceed the amount provided in
3055section 287.017, Florida Statutes, as amended from time to time,
3056for category four, unless notice of bids shall be advertised
3057once in a newspaper in general circulation in either Manatee
3058County or Sarasota County. Any board seeking to construct or
3059improve a public building, structure, or other public works
3060shall comply with the bidding procedures of section 255.20,
3061Florida Statutes, as amended from time to time, and other
3062applicable general law. In each case, the bid of the lowest
3063responsive and responsible bidder shall be accepted unless all
3064bids are rejected because the bids are too high or the board
3065determines it is in the best interests of the District to reject
3066all bids. The board may require the bidders to furnish bond with
3067a responsible surety to be approved by the board. Nothing in
3068this section shall prevent the board from undertaking and
3069performing the construction, operation, and maintenance of any
3070project or facility authorized by this act by the employment of
3071labor, material, and machinery.
3072     (b)  The provisions of the Consultants' Competitive
3073Negotiation Act, section 287.055, Florida Statutes, apply to
3074contracts for engineering, architecture, landscape architecture,
3075or registered surveying and mapping services let by the board.
3076     (c)  Contracts for maintenance services for any District
3077facility or project shall be subject to competitive bidding
3078requirements when the amount thereof to be paid by the District
3079exceeds the amount provided in section 287.017, Florida
3080Statutes, as amended from time to time, for category four. The
3081District shall adopt rules, policies, or procedures establishing
3082competitive bidding procedures for maintenance services.
3083Contracts for other services shall not be subject to competitive
3084bidding unless the District adopts a rule, policy, or procedure
3085applying competitive bidding procedures to said contracts.
3086Nothing herein shall preclude the use of requests for proposal
3087instead of invitations to bid as determined by the District to
3088be in its best interest.
3089     (20)  FEES, RENTALS, AND CHARGES; PROCEDURE FOR ADOPTION
3090AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS.--
3091     (a)  The District is authorized to prescribe, fix,
3092establish, and collect rates, fees, rentals, or other charges,
3093hereinafter sometimes referred to as "revenues," and to revise
3094the same from time to time, for the systems, facilities, and
3095services furnished by the District, within the limits of the
3096District, including, but not limited to, recreational
3097facilities, water management and control facilities, and water
3098and sewer systems; to recover the costs of making connection
3099with any District service, facility, or system; and to provide
3100for reasonable penalties against any user or property for any
3101such rates, fees, rentals, or other charges that are delinquent.
3102     (b)  No such rates, fees, rentals, or other charges for any
3103of the facilities or services of the District shall be fixed
3104until after a public hearing at which all the users of the
3105proposed facility or services or owners, tenants, or occupants
3106served or to be served thereby and all other interested persons
3107shall have an opportunity to be heard concerning the proposed
3108rates, fees, rentals, or other charges. Rates, fees, rentals,
3109and other charges shall be adopted under the administrative
3110rulemaking authority of the District, but shall not apply to
3111District leases. Notice of such public hearing setting forth the
3112proposed schedule or schedules of rates, fees, rentals, and
3113other charges shall have been published in newspapers of general
3114circulation in Manatee and Sarasota Counties at least once and
3115at least 10 days prior to such public hearing. The rulemaking
3116hearing may be adjourned from time to time. After such hearing,
3117such schedule or schedules, either as initially proposed or as
3118modified or amended, may be finally adopted. A copy of the
3119schedule or schedules of such rates, fees, rentals, or charges
3120as finally adopted shall be kept on file in an office designated
3121by the board and shall be open at all reasonable times to public
3122inspection. The rates, fees, rentals, or charges so fixed for
3123any class of users or property served shall be extended to cover
3124any additional users or properties thereafter served which shall
3125fall in the same class, without the necessity of any notice or
3126hearing.
3127     (c)  Such rates, fees, rentals, and charges shall be just
3128and equitable and uniform for users of the same class, and when
3129appropriate may be based or computed either upon the amount of
3130service furnished, upon the average number of persons residing
3131or working in or otherwise occupying the premises served, or
3132upon any other factor affecting the use of the facilities
3133furnished, or upon any combination of the foregoing factors, as
3134may be determined by the board on an equitable basis.
3135     (d)  The rates, fees, rentals, or other charges prescribed
3136shall be such as will produce revenues, together with any other
3137assessments, taxes, revenues, or funds available or pledged for
3138such purpose, at least sufficient to provide for the items
3139hereinafter listed, but not necessarily in the order stated:
3140     1.  To provide for all expenses of operation and
3141maintenance of such facility or service.
3142     2.  To pay when due all bonds and interest thereon for the
3143payment of which such revenues are, or shall have been, pledged
3144or encumbered, including reserves for such purpose.
3145     3.  To provide for any other funds which may be required
3146under the resolution or resolutions authorizing the issuance of
3147bonds pursuant to this act.
3148     (e)  The board shall have the power to enter into contracts
3149for the use of the projects of the District and with respect to
3150the services, systems, and facilities furnished or to be
3151furnished by the District.
3152     (21)  RECOVERY OF DELINQUENT CHARGES.--In the event that
3153any rates, fees, rentals, charges, or delinquent penalties shall
3154not be paid as and when due and shall be in default for 60 days
3155or more, the unpaid balance thereof and all interest accrued
3156thereon, together with reasonable attorney's fees and costs, may
3157be recovered by the District in a civil action.
3158     (22)  DISCONTINUANCE OF SERVICE.--In the event the fees,
3159rentals, or other charges for water and sewer services, or
3160either of them, are not paid when due, the board shall have the
3161power, under such reasonable rules and regulations as the board
3162may adopt, to discontinue and shut off both water and sewer
3163services until such fees, rentals, or other charges, including
3164interest, penalties, and charges for the shutting off and
3165discontinuance and the restoration of such water and sewer
3166services or both, are fully paid; and, for such purposes, the
3167board may enter on any lands, waters, or premises of any person,
3168firm, corporation, or body, public or private, within the
3169District limits. Such delinquent fees, rentals, or other
3170charges, together with interest, penalties, and charges for the
3171shutting off and discontinuance and the restoration of such
3172services and facilities and reasonable attorney's fees and other
3173expenses, may be recovered by the District, which may also
3174enforce payment of such delinquent fees, rentals, or other
3175charges by any other lawful method of enforcement.
3176     (23)  ENFORCEMENT AND PENALTIES.--The board or any
3177aggrieved person may have recourse to such remedies in law and
3178at equity as may be necessary to ensure compliance with the
3179provisions of this act, including injunctive relief to enjoin or
3180restrain any person violating the provisions of this act or any
3181bylaws, resolutions, regulations, rules, codes, or orders
3182adopted under this act. In case any building or structure is
3183erected, constructed, reconstructed, altered, repaired,
3184converted, or maintained, or any building, structure, land, or
3185water is used, in violation of this act or of any code, order,
3186resolution, or other regulation made under authority conferred
3187by this act or under law, the board or any citizen residing in
3188the District may institute any appropriate action or proceeding
3189to prevent such unlawful erection, construction, reconstruction,
3190alteration, repair, conversion, maintenance, or use; to
3191restrain, correct, or avoid such violation; to prevent the
3192occupancy of such building, structure, land, or water; and to
3193prevent any illegal act, conduct, business, or use in or about
3194such premises, land, or water.
3195     (24)  SUITS AGAINST THE DISTRICT.--Any suit or action
3196brought or maintained against the District for damages arising
3197out of tort, including, without limitation, any claim arising
3198upon account of an act causing an injury or loss of property,
3199personal injury, or death, shall be subject to the limitations
3200provided in section 768.28, Florida Statutes.
3201     (25)  EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION.--All
3202District property shall be exempt from levy and sale by virtue
3203of an execution, and no execution or other judicial process
3204shall issue against such property, nor shall any judgment
3205against the District be a charge or lien on its property or
3206revenues; however, nothing contained herein shall apply to or
3207limit the rights of bondholders to pursue any remedy for the
3208enforcement of any lien or pledge given by the District in
3209connection with any of the bonds or obligations of the District.
3210     (26)  TERMINATION, CONTRACTION, OR EXPANSION OF DISTRICT.--
3211     (a)  The board may ask the Legislature through its local
3212legislative delegations in and for Manatee and Sarasota Counties
3213to amend this act to contract, to expand or to contract, and to
3214expand the boundaries of the District by amendment of this
3215section.
3216     (b)  The District shall remain in existence until:
3217     1.  The District is terminated and dissolved pursuant to
3218amendment to this act by the Florida Legislature.
3219     2.  The District has become inactive pursuant to section
3220189.4044, Florida Statutes.
3221     (27)  INCLUSION OF TERRITORY.--The inclusion of any or all
3222territory of the District within a municipality does not change,
3223alter, or affect the boundary, territory, existence, or
3224jurisdiction of the District.
3225     (28)  SALE OF REAL ESTATE WITHIN THE DISTRICT; REQUIRED
3226DISCLOSURE TO PURCHASER.--Subsequent to the creation of this
3227District under this act, each contract for the initial sale of a
3228parcel of real property and each contract for the initial sale
3229of a residential unit within the District shall include,
3230immediately prior to the space reserved in the contract for the
3231signature of the purchaser, the following disclosure statement
3232in boldfaced and conspicuous type which is larger than the type
3233in the remaining text of the contract: "THE LAKEWOOD RANCH
3234STEWARDSHIP DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS,
3235OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND
3236ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE
3237COSTS OF CERTAIN PUBLIC SYSTEMS, FACILITIES, AND SERVICES OF THE
3238DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE
3239DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY
3240AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER
3241TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."
3242     (29)  NOTICE OF CREATION AND ESTABLISHMENT.--Within 30 days
3243after the election of the first Board of Supervisors creating
3244this District, the District shall cause to be recorded in the
3245grantor-grantee index of the property records in each county in
3246which it is located a "Notice of Creation and Establishment of
3247the Lakewood Ranch Stewardship District." The notice shall, at a
3248minimum, include the legal description of the property covered
3249by this act.
3250     (30)  DISTRICT PROPERTY PUBLIC; FEES.--Any system,
3251facility, service, works, improvement, project, or other
3252infrastructure owned by the District, or funded by federal tax
3253exempt bonding issued by the District, is public; and the
3254District by rule may regulate, and may impose reasonable charges
3255or fees for, the use thereof but not to the extent that such
3256regulation or imposition of such charges or fees constitutes
3257denial of reasonable access.
3258     Section 7.  If any provision of this act is determined
3259unconstitutional or otherwise determined invalid by a court of
3260law, all the rest and remainder of the act shall remain in full
3261force and effect as the law of this state.
3262     Section 8.  This act shall take effect upon becoming a law,
3263except that the provisions of this act which authorize the levy
3264of ad valorem taxation shall take effect only upon express
3265approval by a majority vote of those qualified electors of the
3266Lakewood Ranch Stewardship District, as required by Section 9 of
3267Article VII of the State Constitution, voting in a referendum
3268election held at such time as all members of the board are
3269qualified electors who are elected by qualified electors of the
3270district as provided in this act.


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