HB 1483

1	A bill to be entitled
2	An act relating to the Grove Community District,
3	Okeechobee County; providing a short title; creating the
4	Grove Community District; providing for findings,
5	determinations, ascertainments, intent, purpose,
6	definitions, and policy; providing a charter; providing
7	jurisdiction; providing boundaries; providing powers of
8	the district; creating the district as a special, limited,
9	and single-purpose independent district, an independent
10	local government, and corporate body politic, to provide
11	community development infrastructure; providing for
12	authority, boundaries, jurisdiction, and charter
13	amendment; providing for a governing board and terms of
14	office and duties thereof; providing for elections;
15	providing for a district manager; providing for bonds;
16	providing for borrowing; providing for future transition
17	to ad valorem taxation; providing for special assessments;
18	providing for issuance of certificates of indebtedness;
19	providing for tax liens; providing minimum charter
20	requirements; providing for the applicability of and
21	compliance with provisions of chapter 189, Florida
22	Statutes, and other general laws; providing for
23	severability; providing for a referendum; providing an
24	effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Short title.--This act may be known as the
29	"Grove Community District Act."
30	Section 2.  Legislative findings, ascertainments,
31	determinations, intent, purpose, definitions, and policy.--
32	(1)  LEGISLATIVE FINDINGS.--
33	(a)  The northeastern area of Okeechobee County is unique
34	and special.
35	(b)  The land area of Okeechobee County is relatively
36	untouched and is predominantly used for agriculture or is
37	undeveloped.
38	(c)  The economy of Okeechobee County is dominated by farm
39	and retirement industries and:
40	1.  Okeechobee County is beginning to experience the
41	economic growth that substantially large parts of the remainder
42	of the state have already experienced.
43	2.  While the influence of the farming industry continues
44	to decline, the retirement industry is a major and growing
45	industry.
46	3.  Okeechobee County will experience rapid growth in
47	population over the next 20 years, as more retirees move to the
48	state and find coastal housing too expensive and as more
49	residents from coastal Florida counties move inland to
50	Okeechobee County, including northeastern Okeechobee County.
51	(d)  In implementing protection of natural resources,
52	retention of viable agriculture, and promotion of a sound
53	economy, the Okeechobee County Comprehensive Plan promotes
54	compact, efficient, and self-sustaining mixed-use development.
55	(e)  Evans Properties, Inc., own or have control over
56	approximately 5,683 acres for the development of an innovative
57	new self-sustaining community that fits the goals, aspirations,
58	and plans for northeastern Okeechobee County.
59	(f)  Within and subject to the comprehensive plan and land
60	development regulations, such a community requires appropriate
61	compact, balanced, self-sustaining, and mixed-use development on
62	a human scale with the required innovative balance of such
63	importance to the northeastern Okeechobee County area.
64	(g)  In particular:
65	1.  Creating a new community in northeastern Okeechobee
66	County requires a critical coinciding of existing and future
67	land use with provision of capital facilities and related
68	systems and services, based upon timely, flexible, and
69	specialized management of critical factors and sequential
70	events, balancing among the interests of private enterprise,
71	agriculture, private citizens, taxpayers, consumers, the
72	environment, the economy, the initial landowners, and all
73	applicable levels of government.
74	2.  All the applicable public and private persons and
75	entities have invested and expended substantial time and moneys
76	to generate the county comprehensive plan and the existing and
77	future consistent specific regulatory and comprehensive planning
78	entitlements and consistent land development regulations for the
79	identification, preparation, and development of a new community.
80	3.  Creating such a new community using a single-purpose
81	special independent district to provide infrastructure
82	constitutes innovative planning and flexible development
83	strategies pursuant to section 163.3177(11), Florida Statutes,
84	and Rule 9J-5.006(5)(l), Florida Administrative Code, to
85	minimize the conversion of agricultural lands to other uses, to
86	discourage urban sprawl, and to protect environmentally
87	sensitive areas while maintaining the economic viability of
88	agricultural and other predominately rural land uses and
89	providing for the efficient use of public facilities and
90	services as provided expressly in objective L7 of the Okeechobee
91	County Comprehensive Plan, Future Land Use Element.
92	(h)  There is in particular a special need to use a
93	specialized and limited single-purpose independent district unit
94	of local government for the new community:
95	1.  To prevent urban sprawl by providing self-sustaining
96	and freestanding infrastructure and by preventing needless and
97	counterproductive community development when the existing urban
98	area is not yet developed.
99	2.  To prevent the needless duplication, fragmentation, and
100	proliferation of local government services in a proposed land
101	use area.
102	(i)  Management of public health, safety, welfare,
103	economic, natural, and historic resources in this area of
104	northeastern Okeechobee County transcends the boundaries and
105	responsibilities of both private landowners and individual units
106	of government, so that no one single public or private entity or
107	person can plan or implement policies to deal with the many
108	issues which attend the provision of basic systems, facilities,
109	and services to the area to be managed in northeastern
110	Okeechobee County in order to provide for a new community in the
111	area.
112	(j)  It is the expressed set of findings of the Legislature
113	further that:
114	1.  There is a considerably long period of time during
115	which there is an inordinate infrastructure burden on the
116	initial landowners of the agricultural land area for the new
117	community because of the innovative, special, and unique
118	requirements in the Okeechobee County Comprehensive Plan for the
119	northeastern Okeechobee County area, dealing specifically with
120	flexible management and related sequencing, timing, and
121	financing of the various systems, facilities, and services to be
122	provided to the new community, taking into consideration
123	absorption rates, commercial viability, and related factors.
124	2.  Even as the community matures, there is continuing need
125	for landowners, both initial and subsequent, to bear burdens to
126	provide important infrastructure that remain relatively
127	inordinate in order to preserve such inordinate benefits for
128	northeastern Okeechobee County as the unique environmental and
129	economic purpose of the new community.
130	3.  Longer involvement of the initial landowner with regard
131	to the provision of basic systems, facilities, and services in
132	the new community area, coupled with a severely limited and
133	highly specialized single purpose of the district, is in the
134	public interest.
135	4.  Any public or private system to provide basic
136	infrastructure improvements, systems, facilities, and services
137	to this new community in northeastern Okeechobee County must be
138	focused on an unfettered, highly specialized, innovative,
139	responsive, accountable mechanism to provide the components of
140	infrastructure at sustained levels of high quality over the long
141	term only when and as needed for such a unique community in such
142	a unique area.
143	5.  There is a critical need to maintain such provision of
144	such systems, facilities, and services to the new community
145	because of the unique location and attributes of the
146	northeastern Okeechobee County area, coupled with the unique
147	purpose and location of this new community, subject to,
148	complying with, and not inconsistent with the state, regional,
149	and local requirements which attend implementation of the state
150	plan and the county comprehensive plan.
151	6.  This need is met by coinciding the use and special
152	attributes of various public and private alternatives for the
153	provision of infrastructure to such a community development,
154	including:
155	a.  The public policy and related implementing zoning,
156	permitting, and planning expertise, interests, and capabilities
157	of state and regional government and of the Okeechobee County
158	general-purpose local government;
159	b.  The flexible, limited, focused, and locally accountable
160	management and related financing capabilities of independent
161	special-purpose local government; and
162	c.  The innovative development and marketing private-sector
163	expertise of the initial landowners, developers, and other
164	components of private enterprise.
165	7.  The specialized financing and revenue procedures for
166	the levy and imposition of first-lien assessments, by a variety
167	of names, must be disclosed, followed, noticed, fair,
168	nonarbitrary, informed, reasonable, and accountable and must be
169	set forth dispositively.
170	(k)  The existence and use of such a limited specialized
171	single-purpose local government for the new community, subject
172	to the Okeechobee County Comprehensive Plan, will result in a
173	high propensity:
174	1.  To prevent urban sprawl, to protect and preserve
175	environmental, conservation, and agricultural uses and assets,
176	and to enhance the high-quality use of the applicable area of
177	northeastern Okeechobee County;
178	2.  To enhance the market value for both present and future
179	landowners of the property consistent with the need to protect
180	private property rights in the northeastern Okeechobee area;
181	3.  To enhance the net economic benefit to the Okeechobee
182	County area, including an enhanced and well-maintained tax base
183	to the benefit of all present and future taxpayers in Okeechobee
184	County; and
185	4.  To share the costs for providing such basic systems,
186	facilities, and services in an innovative, sequential, and
187	flexible manner within the new community to be serviced by the
188	Grove Community District.
189	(2)  ASCERTAINMENTS.--Based upon these findings, the
190	Legislature has learned and ascertains that:
191	(a)  There are two public or governmental alternatives and
192	one private alternative available to plan, construct, maintain,
193	and finance the provision of systems, facilities, and services
194	in the intended new community area of northeastern Okeechobee
195	County:
196	1.  One of the public or governmental alternatives for such
197	infrastructure provision is by the board of county commissioners
198	within the Okeechobee County political subdivision which can
199	provide certain basic systems, facilities, and services directly
200	or with management by its staff with financing through either a
201	municipal service taxing unit for ad valorem taxes or municipal
202	service benefit for assessments, or indirectly by nonemergency
203	ordinance use of a dependent district.
204	2.  The second public alternative is use of an independent
205	special district.
206	3.  The private alternative is the private landowner, a
207	private homeowner association, a private utility, a private
208	business corporation, or a partnership or combination of these
209	various private alternatives.
210	(b)  Planning, permitting, and creating the new community
211	and using the independent specialized single-purpose Grove
212	Community District created by this act are consistent with and
213	implement both the Okeechobee County Comprehensive Plan and Land
214	Development Regulations and also the following long-standing and
215	expressed policies of the state:
216	1.  To allow the creation of independent special taxing
217	districts which have uniform general law standards and
218	procedures and which do not overburden other local governments
219	and their taxpayers while preventing the proliferation of
220	independent special taxing districts which do not meet the
221	standards set forth in section 187.201(20), Florida Statutes.
222	a.  There are two alternatives for the use of independent
223	special districts. One alternative is establishment on the
224	approximately 5,683 acres by rule of the Governor and Cabinet of
225	a uniform community development district; the other is a special
226	independent district meeting the minimum requirements of chapter
227	189, Florida Statutes, the applicable district accountability
228	general law.
229	b.  Use of this special act, creating and establishing the
230	district on the approximately 5,683 acres in northeastern
231	Okeechobee County, is the better of the two independent district
232	alternatives because it updates the charter of a community
233	development district under chapter 190, Florida Statutes,
234	eliminates potential for its abuse, clarifies and sets forth
235	certain uniform procedures for liens on property and for access
236	by the public to the property, and makes other substantial
237	reforms to the benefit of the people of Okeechobee County and
238	future landowners, residents, and visitors.
239	2.  To encourage the development of local water supplies,
240	pursuant to section 187.201(7)(b)3., Florida Statutes.
241	3.  To recognize the existence of legitimate and often
242	competing public and private interests and land use regulations
243	and other government action, pursuant to section 187.201(14)(a),
244	Florida Statutes.
245	4.  Consistent with the Okeechobee County Comprehensive
246	Plan, to recognize the importance of preserving natural
247	resources and enhancing quality of life by development in those
248	areas where land and water resources, fiscal abilities, and
249	service capacity can accommodate the land use and growth in a
250	manner that is environmentally acceptable, pursuant to section
251	187.201(15)(a), Florida Statutes.
252	5.  To allocate costs of new public facilities on the basis
253	of benefits received by existing and future residents while
254	planning for the management and financing of new facilities to
255	serve residents in a timely, orderly, and efficient manner,
256	pursuant to section 187.201(17)(a) and (b)3., Florida Statutes.
257	6.  To encourage local government financial self-
258	sufficiency in providing public facilities and to identify and
259	implement fiscally sound, innovative, and cost-effective
260	techniques to provide and finance public facilities while
261	encouraging development, use, and coordination of capital
262	improvement plans by all levels of government, pursuant to
263	section 187.201(17)(b)5., 6., and 7., Florida Statutes, as
264	provided also in the Okeechobee County Comprehensive Plan.
265	7.  To increase, promote, and provide access to cultural,
266	historical, and educational resources and opportunities,
267	pursuant to section 187.201(18)(a) and (b)1., Florida Statutes.
268	8.  To enhance and diversify the economy of the Okeechobee
269	County area by promoting partnerships among education, business,
270	industry, agriculture, and the arts, provide opportunities for
271	training skilled employees for new and expanding businesses, and
272	promote self-sufficiency through training and educational
273	programs that result in productive employment, pursuant to
274	section 187.201(21)(a) and (b)6., 7., and 8., Florida Statutes.
275	9.  To encourage and enhance cooperation among communities
276	that have unique assets, irrespective of political boundaries,
277	to bring the private and public sectors together for
278	establishing an orderly, environmentally sound, and economically
279	sound plan for current and future needs and growth, pursuant to
280	section 187.201(25)(b)8., Florida Statutes.
281	10.  To create independent special districts by or pursuant
282	to general law to ensure long-term management and related
283	financing, to meet the need in the state for timely, efficient,
284	effective, responsive, innovative, accountable, focused, and
285	economic ways to deliver basic services to new communities to
286	solve the state's planning, management, and financing needs for
287	delivery of capital infrastructure in order in turn to provide
288	for projected growth only and to do so without overburdening
289	other governments and their taxpayers, pursuant to section
290	189.402, Florida Statutes, so that providing to the new
291	community basic systems, facilities, and services by independent
292	special districts remains pursuant to uniform general law and
293	section 189.402(3)(a) and (c), Florida Statutes.
294	11.  To ensure that those independent districts and the
295	exercise of their powers are consistent and comply with
296	applicable due process, disclosure, accountability, ethics, and
297	government-in-the-sunshine requirements of law, both to the
298	independent districts and to their elected and appointed
299	officials, pursuant to section 189.402(3)(b), Florida Statutes,
300	because independent special districts are a legitimate
301	alternative method available for use by both the public and
302	private sectors to manage, own, operate, construct, and finance
303	basic capital infrastructure systems, facilities, and services,
304	pursuant to section 189.402(4)(a), Florida Statutes.
305	12.  To ensure that an independent special district is
306	created to serve a special purpose to cooperate and to
307	coordinate its activities with the applicable general-purpose
308	local government because aspects of growth and development
309	transcend boundaries and responsibilities of individual units of
310	government so that no single unit of government can plan or
311	implement policies to deal with these issues unilaterally as
312	effectively, pursuant to section 189.402(7) and (8), Florida
313	Statutes.
314	(c)  Construction, operation, and development of the new
315	community and the use of the special and single-purpose
316	independent district are not inconsistent with the Okeechobee
317	County Comprehensive Plan.
318	(d)  This land area for the new community requires an
319	independent, special, and single-purpose local government, in
320	the form of an independent special district as defined in
321	section 189.403(3), Florida Statutes, subject to all substantive
322	and procedural limitations under state law, including this act,
323	in order to constitute itself a highly specialized alternative
324	and viable growth management concurrency mechanism appropriate
325	for this unique area, available to both the private and public
326	sectors.
327	(e)  Such a district requires timely, flexible, limited,
328	and specialized management and related financing capabilities
329	under its uniform state charter, created by this act pursuant to
330	general law, in order to produce those flexible, innovative, and
331	highly specialized benefits to the new community property in
332	northeastern Okeechobee County.
333	(f)  Such a district must have management capabilities to
334	provide pinpointed, focused, accountable, responsive, limited,
335	specialized, and low-overhead-based capability, authority, and
336	power to provide basic systems, facilities, and services to the
337	new community development with economies of scale but at
338	sustained high levels of quality over the long term.
339	(g)  In order to be responsive to the critical timing
340	required through the exercise of its special management
341	functions, an independent district requires financing of those
342	functions, including bondable lienable and nonlienable revenue,
343	with full and continuing public disclosure and accountability,
344	funded by landowners, both present and future, and funded also
345	by users of the systems, facilities, and services provided to
346	the land area by the district, without burdening the taxpayers
347	and citizens of the state or of Okeechobee County or any
348	municipality in Okeechobee County.
349	(h)  The provision of services by this independent district
350	must implement, be subject to, and function not inconsistent
351	with any related permitting and planning requirements of
352	Okeechobee County and of the Okeechobee County Comprehensive
353	Plan and Land Development Regulations.
354	(i)  The creation, existence, and operation of the Grove
355	Community District, as limited and specialized to its single
356	narrow purpose, will also:
357	1.  Constitute a public mechanism to translate the anti-
358	urban-sprawl objective of the Okeechobee County Comprehensive
359	Plan Future Land Use Element into reality.
360	2.  Constitute a disincentive for premature or
361	inappropriate municipal incorporation consistent with state law.
362	3.  Result in self-contained and self-sustained high-
363	quality infrastructure over the long term.
364	4.  Provide a mechanism for full and continuing disclosure
365	of how basic systems, facilities, and services are both managed
366	and financed, including full and continuing disclosure to both
367	prospective purchasers and all residents of public financing
368	related to any burdens of land ownership and any related burdens
369	on existing or future residents.
370	5.  Implement the Okeechobee County Comprehensive Plan
371	Future Land Use Element because innovative land techniques that
372	use public facilities efficiently, that meet county needs, and
373	that promote a sense of pride and community for its residents
374	are encouraged where the new community is located.
375	(j)  The district is also a mechanism to implement the
376	Okeechobee County Concurrency Management System designed to
377	coincide with, and to implement, both the Okeechobee County
378	future land use element and the capital improvements element for
379	basic systems, facilities, and services consistent with the best
380	interests of the new community.
381	(k)  By serving its single specialized purpose and in
382	preventing urban sprawl, the district will not result in
383	needless proliferation, duplication, and fragmentation of local
384	government systems, facilities, and services in this area of
385	northeastern Okeechobee County.
386	(l)  Subject to its substantive and procedural limitations,
387	the district will assist directly in public and combined public
388	and private planning and coordination in order to achieve
389	innovative solutions to the needs and requirements in this
390	unique new community located in northeastern Okeechobee County.
391	(m)  Management of the timing and phasing of critical
392	sequential events, coordinated by the initial private landowner
393	and the Board of County Commissioners of Okeechobee County, is
394	of fundamental importance and is the basis of the inordinate
395	burden on the initial landowner developer and to enhance the
396	provision of sustained high-quality infrastructure over the long
397	term to enhance the intrinsic value of the new community in
398	order to implement its requirements.
399	(n)  The critical single purpose of the district to provide
400	basic infrastructure systems, facilities, services, works,
401	infrastructure, and improvements to the private new community is
402	in the public interest because it:
403	1.  Does not pass on taxes or profits to purchasers of
404	property or to landowners and residents within their
405	jurisdictions.
406	2.  Results in less tendency for short-term planning,
407	construction, and management considerations because the
408	elections for members of the government board are staggered.
409	3.  Is not influenced, guided, or limited by quarterly and
410	annual profit statements.
411	4.  Does not have police or regulatory powers.
412	5.  Does not have larger general-purpose overhead
413	responsibilities.
414	6.  Is not subject to legitimate but counterveiling fiscal,
415	economic, policy, and political considerations to which large
416	general-purpose local governments and large landowners and
417	developers would be subject in the natural course of events.
418	7.  Does not constitute needless duplication,
419	proliferation, or fragmentation of local government systems,
420	facilities, and services in Okeechobee County.
421	8.  Shall operate and function subject to and not
422	inconsistent with the county comprehensive plan with least
423	overhead cost and with the highest amount of the public
424	disclosure, accountability, responsiveness, and productivity.
425	9.  Coincides its functions with the authority and best
426	interests of local general-purpose government, the private
427	landowners, both present and future, the taxpayers, the future
428	residents, and the state in the provision of needed
429	infrastructure to the community at sustained levels of quality
430	over the long term.
431	10.  Provides highly accountable innovative systems,
432	facilities, and services close to the land and close to the
433	people.
434	11.  Serves a land area that is amenable to separate
435	special district government.
436	12.  Serves a land area that is sufficiently compact and of
437	size sufficient for the functionally interrelated new community
438	development.
439	13.  Serves a land area in which there is no existing local
440	or regional system, facility, or service with which creation and
441	operation of this district and the provision of its systems,
442	facilities, improvements, and infrastructure would be
443	incompatible.
444	14.  Will enhance the intrinsic value of the property and
445	the new community development and be a sustaining source of
446	public revenue.
447	(o)  The independent district charter created in this act
448	involves innovative general and special powers not otherwise
449	available for this unique and highly specialized first ever new
450	community in such a unique area.
451	(p)  The minimum requirements of general law or creation of
452	this district by special act have been met as confirmed and set
453	forth expressly in section 3(1).
454	(3)  DETERMINATIONS.--Based upon its findings and
455	ascertainments, the Legislature states expressly and determines
456	that:
457	(a)  This act represents the findings, ascertainments, and
458	determinations of the Legislature that creating the Grove
459	Community District by special act pursuant to general law is the
460	best alternative as required by section 189.404(2)(e)3., Florida
461	Statutes, because it meets affirmatively the findings and
462	ascertainments of this Legislature set forth hereinabove.
463	(b)  The creation by this act of the district in the area
464	of northeastern Okeechobee County is consistent affirmatively
465	with the Okeechobee County Comprehensive Plan.
466	(c)  The authority for this act is pursuant to section
467	189.404, Florida Statutes, and the State Comprehensive Plan
468	pursuant to section 187.201, Florida Statutes.
469	(d)  The Board of County Commissioners of Okeechobee
470	County, on January 12, 2006, adopted Resolution 2006-1,
471	expressing no objection to the creation and establishment of the
472	Grove Community District and finding it consistent with the
473	Okeechobee County Comprehensive Plan as provided in section
474	189.404(2)(e)4., Florida Statutes.
475	(4)  INTENT.--Based upon its findings, ascertainments, and
476	determinations, the Legislature expresses its intent:
477	(a)  To ensure that the creation and operation of the Grove
478	Community District by and pursuant to this act, exercising its
479	management and related financing powers to implement its
480	limited, single, and special purpose, is not a development order
481	and does not trigger or invoke any development provision within
482	the meaning of chapter 380, Florida Statutes, and all applicable
483	governmental planning, environmental, and land development laws,
484	regulations, rules, policies, and ordinances apply to all
485	development of the land within the jurisdiction of the district
486	created by this act.
487	(b)  That the district operate and function subject to, and
488	not inconsistent with, the Okeechobee County Comprehensive Plan
489	and Land Development Regulations and any applicable development
490	orders, zoning regulations, or other land development
491	regulations.
492	(c)  That under this act, this special and single-purpose
493	Grove Community District shall not have the power of a general-
494	purpose local government to adopt a comprehensive plan or
495	related land development regulations as those terms are defined
496	in the Local Government Comprehensive Planning and Land
497	Development Regulation Act.
498	(d)  That the Grove Community District created by this act
499	constitute an innovative mechanism for long-term, sustained
500	quality public stewardship through the planning, implementation,
501	construction, management, and related financing of basic
502	systems, facilities, services, and infrastructure projects for
503	the self-contained and self-sustained mixed-use new community.
504	(e)  That it is in the public interest that this limited,
505	independent, specialized, and single-purpose district local
506	government have perpetual existence subject only to legislative
507	review as provided in its charter in this act so that it is not
508	in a position to outlive its usefulness.
509	(f)  That the exercise by this Grove Community District of
510	its powers to carry out its single purpose under its charter as
511	created by this act is consistent with applicable due process,
512	disclosure, accountability, ethics, conflict of interest,
513	government-in-the-sunshine, competitive procurement, including
514	its employees or consultants, competitive negotiation, and
515	competitive bidding requirements, both as to the government
516	entity itself and as to its appointed or elected officials as
517	required in this act.
518	(5)  PURPOSE.--The limited, single, and specialized purpose
519	of the Grove Community District is to provide community
520	development systems, facilities, services, projects,
521	improvements, and infrastructure to the new community by
522	exercising its various management powers, with related financing
523	powers, both general and special, as set forth by and limited by
524	this act.
525	(6)  DEFINITIONS.--As used in this act:
526	(a)  "Ad valorem bonds" means bonds which are payable from
527	the proceeds of ad valorem taxes levied on real and tangible
528	personal property and which are generally referred to as general
529	obligation bonds.
530	(b)  "Assessable improvements" means, without limitation,
531	any and all public improvements and community facilities that
532	the district is empowered to provide in accordance with this
533	act, which provide a special benefit to property within the
534	district.
535	(c)  "Assessment bonds" means special obligations of the
536	district which are payable solely from proceeds of the special
537	assessments or benefit special assessments levied for assessable
538	improvements; however, in lieu of issuing assessment bonds to
539	fund the costs of assessable improvements, the district may
540	issue revenue bonds for such purposes payable from special
541	assessments.
542	(d)  "Assessments" means those nonmillage district
543	assessments which include special assessments, benefit special
544	assessments, and maintenance special assessments and a
545	nonmillage, non-ad valorem maintenance tax if authorized by
546	general law.
547	(e)  "Benefit special assessments" are district assessments
548	imposed, levied, and collected pursuant to the provisions of
549	section 4(14)(b).
550	(f)  "Board" means the governing board of the district or,
551	if such board has been abolished, the board, body, or commission
552	succeeding to the principal functions thereof or to whom the
553	powers given to the board by this act have been given by law.
554	(g)  "Bond" includes "certificate," and the provisions
555	which are applicable to bonds are equally applicable to
556	certificates. The term "bond" includes any general obligation
557	bond, assessment bond, refunding bond, revenue bond, and other
558	such obligation in the nature of a bond as is provided for in
559	this act, as the case may be.
560	(h)  "Cost" or "costs," when used with reference to any
561	project, include, but are not limited to:
562	1.  The expense of determining the feasibility or
563	practicability of acquisition, construction, or reconstruction.
564	2.  The cost of surveys, estimates, plans, and
565	specifications.
566	3.  The cost of improvements.
567	4.  Engineering, fiscal, and legal expenses and charges.
568	5.  The cost of all labor, materials, machinery, and
569	equipment.
570	6.  The cost of all lands, properties, rights, easements,
571	and franchises acquired.
572	7.  Financing charges.
573	8.  The creation of initial reserve and debt service funds.
574	9.  Working capital.
575	10.  Interest charges incurred or estimated to be incurred
576	on money borrowed prior to and during construction and
577	acquisition and for such reasonable period of time after
578	completion of construction or acquisition as the board may
579	determine.
580	11.  The cost of issuance of bonds pursuant to this act,
581	including advertisements and printing.
582	12.  The cost of any bond or tax referendum held pursuant
583	to this act and all other expenses of issuance of bonds.
584	13.  The discount, if any, on the sale or exchange of
585	bonds.
586	14.  Administrative expenses.
587	15.  Such other expenses as may be necessary or incidental
588	to the acquisition, construction, or reconstruction of any
589	project or to the financing thereof or to the development of any
590	lands within the district.
591	16.  Payments, contributions, dedications, and any other
592	exactions required as a condition to receive any government
593	approval or permit necessary to accomplish any district purpose.
594	(i)  "Developed urban area" means any reasonably compact
595	urban area.
596	(j)  "District" or "Grove Community District" means the
597	unit of special and single-purpose local government created and
598	chartered by this act, including the creation of its charter,
599	and limited to the performance, in implementing its single
600	purpose, of those general and special powers authorized by its
601	charter under this act; the boundaries of which are set forth by
602	the act; and the governing head of which is created and
603	authorized to operate with legal existence by this act and the
604	purpose of which is as set forth in this act.
605	(k)  "District manager" means the manager of the district.
606	(l)  "District roads" means highways, streets, roads,
607	alleys, sidewalks, landscaping, storm drains, bridges, and
608	thoroughfares of all kinds of descriptions.
609	(m)  "General obligation bonds" means bonds which are
610	secured by, or provide for their payment by, the pledge, in
611	addition to those special taxes levied for their discharge and
612	such other sources as may be provided for their payment or
613	pledged as security under the resolution authorizing their
614	issuance, of the full faith and credit and taxing power of the
615	district and for payment of which recourse may be had against
616	the general fund of the district.
617	(n)  "Governing board member" means any member of the
618	board.
619	(o)  "Land development regulations" means those regulations
620	of general-purpose local government, adopted under the Local
621	Government Comprehensive Planning and Land Development
622	Regulations Act, the Growth Management Act, and chapter 163,
623	Florida Statutes, to which the district is subject and as to
624	which the district may not doing anything that is inconsistent;
625	but this term does not mean specific management engineering,
626	planning, and other criteria and standards needed in the daily
627	management and implementation by the district of its provision
628	of basic systems, facilities, services, works, improvements,
629	projects, or infrastructure, including design criteria and
630	standards, so long as they remain subject to and are not
631	inconsistent with the Okeechobee County Comprehensive Plan and
632	the applicable land development regulations.
633	(p)  "Landowner" means the owner of a freehold estate as
634	appears by the deed record, including a trustee, a private
635	corporation, and an owner of a condominium unit; it does not
636	include a reversioner, remainderman, mortgagee, or any
637	governmental entity, who shall not be counted and need not be
638	notified of proceedings under this act. "Landowner" also means
639	the owner of a ground lease from a governmental entity, which
640	leasehold interest has a remaining term, excluding all renewal
641	options, in excess of 50 years.
642	(q)  "Local general-purpose government" means a county,
643	municipality, or consolidated city-county government.
644	(r)  "Maintenance special assessments" means assessments
645	imposed, levied, and collected pursuant to the provisions of
646	section 4(14)(d).
647	(s)  "Non-ad valorem assessments" means those assessments
648	levied and imposed by the board which are not based upon millage
649	and which constitute, pursuant to the provisions hereof, first
650	liens on the properties subject thereto, coequal with the liens
651	of state, county, municipal, and school board taxes:
652	1.  If and when pursuant to general law, those nonmillage
653	and non-ad valorem taxes, limited expressly and only to those
654	certain maintenance taxes provided for expressly in the district
655	charter in this act which are not ad valorem taxes and are not
656	special assessments.
657	2.  Assessments which are not taxes and are special
658	assessments levied and imposed by the board pursuant to an
659	informed and nonarbitrary determination by the board that the
660	systems, facilities, and services will provide, as a logical
661	connection to the applicable parcels of property, special
662	benefits peculiar to the property, different in kind and degree
663	than general benefits and that the duty to pay per parcel will
664	be apportioned in a manner that is fair and reasonable; and
665	which may be known and referred to as "assessments," "special
666	assessments," "maintenance assessments," or "benefit
667	assessments" as defined by and as may be applicable in the
668	context of this charter. The levy of maintenance assessments to
669	maintain a system or facility constructed and financed by
670	special assessments levied by the district may be based on the
671	assessment methodology by which the construction special
672	assessments are levied but upon a determination that the
673	maintenance special assessments also provide a special and
674	peculiar benefit to the property and are apportioned in a manner
675	that is fair and reasonable.
676	3.  Any assessments which may be levied, imposed, and
677	equalized by the board by rule of the district.
678	(t)  "Powers" means powers as used and exercised by the
679	board to accomplish the single, limited, and special purpose of
680	the district, including:
681	1.  "General powers," as provided in the act for the
682	district charter, which means those organizational and
683	administrative powers of the district as provided in this act in
684	its charter in order to carry out its single special purpose as
685	a local government public corporate body politic.
686	2.  "Special powers," means those powers enumerated by the
687	act in the charter of the district to carry out its specialized
688	systems, facilities, services, projects, improvements, and
689	infrastructure and related functions in order to carry out its
690	single specialized purpose.
691	3.  Any other powers, authority, and functions set forth in
692	this act.
693	(u)  "Project" means any development, improvement,
694	property, power, utility, facility enterprise, service, system,
695	facility, works, or infrastructure now existing or hereafter
696	undertaken or established under the provisions of this act.
697	(v)  "Qualified elector" means any person at least 18 years
698	of age who is a citizen of the United States, is a legal
699	resident of the state and the district, and registers to vote
700	with the supervisor of elections in the county in which the
701	district land is located.
702	(w)  "Refunding bonds" means bonds issued to refinance
703	outstanding bonds of any type of the interest and redemption
704	premium thereon. Refunding bonds shall be issuable and payable
705	in the same manner as the refinanced bonds except that no
706	approval by the electorate shall be required unless required by
707	the State Constitution.
708	(x)  "Revenue bonds" means obligations of the district
709	which are payable from revenues, including, but not limited to,
710	special assessments and benefit special assessments, derived
711	from sources other than ad valorem taxes on real or tangible
712	personal property and which do not pledge the property, credit,
713	or general tax revenue of the district.
714	(y)  "Sewer system" means any plant, system, facility, or
715	property and additions, extensions, and improvements thereto at
716	any future time constructed or acquired as part thereof useful
717	or necessary or having the present capacity for future use in
718	connection with the collection, treatment, purification, or
719	disposal of sewage, including, without limitation, industrial
720	wastes resulting from any process of industry, manufacture,
721	trade, or business or from the development of any natural
722	resource. Without limiting the generality of the foregoing, the
723	term "sewer system" includes treatment plants, pumping stations,
724	lift stations, valves, force mains, intercepting sewers,
725	laterals, pressure lines, mains, and all necessary appurtenances
726	and equipment; all sewer mains, laterals, and other devices for
727	the reception and collection of sewage from premises connected
728	therewith; and all real and personal property and any interest
729	therein, rights, easements, and franchises of any nature
730	relating to any such system and necessary or convenient for
731	operation thereof.
732	(z)  "Special assessments" means assessments as imposed,
733	levied, and collected by the district for the costs of
734	assessable improvements pursuant to the provisions of this act,
735	chapter 170, Florida Statutes, the additional authority under
736	section 197.3631, Florida Statutes, or other provisions of
737	general law now or hereinafter enacted which provide or
738	authorize a supplemental means to impose, levy, and collect
739	special assessments.
740	(aa)  "Taxes" or "tax" means those levies and impositions
741	by the board which support and pay for government and the
742	administration of law and which may be:
743	1.  "Ad valorem" or "property" taxes based upon both the
744	appraised value of property and millage, at a rate uniform
745	within the jurisdiction.
746	2.  If and when authorized by general law, "non-ad valorem
747	maintenance taxes" not based on millage which are used to
748	maintain district systems, facilities, and services.
749	(bb)  "Urban area" means a developed and inhabited urban
750	area within the district within a minimum acreage resident
751	population density of least 1.5 persons per acre as defined by
752	the latest official census, special census, or population
753	estimate or a minimum density of one single-family home per 2.5
754	acres with access to improved roads or a minimum density of one
755	single-family home per 5 acres within a recorded plat
756	subdivision. Urban areas shall be designated by the board of the
757	district with the assistance of all local general-purpose
758	governments having jurisdiction over the area within the
759	jurisdiction of the district.
760	(cc)  "Water system" means any plant, system, facility, or
761	property and additions, extensions, and improvements thereto at
762	any future time constructed or acquired as part thereof useful
763	or necessary or having the present capacity for future use in
764	connection with the development of sources, treatment, or
765	purification and distribution of water. Without limiting the
766	generality of the foregoing, the term "water system" includes
767	dams, reservoirs, storage, tanks, mains, lines, valves, pumping
768	stations, laterals, and pipes for the purpose of carrying water
769	to the premises connected with such system and all rights,
770	easements, and franchises of any nature relating to any such
771	system and necessary or convenient for the operation thereof.
772	(7)  POLICY.--Based upon its findings, ascertainments,
773	determinations, intent, purpose, and definitions, the
774	Legislature states its policy expressly:
775	(a)  The district and district charter, with its general
776	and special powers, created in this act are essential and the
777	best alternative for the unique location and nature of the new
778	community for residential, commercial, academic, and other
779	community uses, projects, or functions in northeastern
780	Okeechobee County consistent with and designed to enhance the
781	Okeechobee County Comprehensive Plan and to serve a lawful
782	public purpose.
783	(b)  This district, a local government and corporate body
784	politic, is limited to its single, narrow, and special
785	legislative purpose herein expressed, with the power to provide,
786	plan, implement, construct, maintain, and finance as a local
787	government management entity its basic systems, facilities,
788	services, improvements, infrastructure, and projects and
789	possessing financing powers to fund its management purpose over
790	the long term.
791	(c)  This act may be amended only by special act of the
792	Legislature in whole or in part.
793	Section 3.  Minimum general law requirements; creation and
794	establishment; boundaries; jurisdiction; construction; charter
795	with legal description.--
796	(1)  MINIMUM CHARTER REQUIREMENTS.--Pursuant to section
797	189.404(3), Florida Statutes, the Legislature sets forth that
798	the minimum requirements in paragraphs (a) through (o) have been
799	met in the identified provisions of the act as follows:
800	(a)  The purpose of the district is stated in the act in
801	section 2, subsection (5).
802	(b)  The powers, functions, and duties of the district are
803	set forth generally in section 4, subsection (3), paragraphs (g)
804	and (h) and subsections (5)-(16), (18), (19), (21), (25), and
805	(32) as to which:
806	1.  Taxation provisions are set forth in section 2,
807	subsection (6), paragraph (aa); section 4, subsection (3),
808	paragraph (h); subsection (14), paragraphs (a), (c), (f), (g),
809	and (i); and subsections (17), (18), and (19).
810	2.  Bond issuance provisions are set forth generally in
811	section 2; section 4, subsection (8), paragraph (d); subsections
812	(10)-(13), and subsection (16), paragraphs (b) and (c).
813	3.  Provisions regarding the other revenue-raising
814	capabilities are set forth in section 2, subsection (6),
815	paragraphs (b), (d), (r), (s), and (z); and section 4,
816	subsections (10) and (11); subsection (14), paragraphs (b), (d),
817	(e), (h), (i), and (j); and subsections (15) and (16).
818	4.  Provisions regarding fees, rentals, and charges are set
819	forth in section 2, subsection (6); section 4, subsection (8),
820	paragraph (i); and subsections (22)-(25).
821	5.  Provisions regarding budget preparation and approval
822	are set forth in section 4, subsections (5), (6), and (9).
823	6.  Provisions regarding liens and foreclosures of liens
824	are set forth in section 4, subsection (14), paragraphs (f),
825	(g), (h), and (i); and subsections (15), (17), (18), and (19).
826	7.  Provisions regarding the use of tax deeds and tax
827	certificates as appropriate for non-ad valorem assessments are
828	set forth in section 4, subsection (8), paragraph (o);
829	subsection (14), paragraphs (b), (c), (d), (e), (f), (h), and
830	(i); and subsection (15).
831	8.  Provisions regarding contractual agreements are set
832	forth in section 4, subsection (8), paragraphs (c), (l), (p),
833	(r), and (s); and subsection (9), paragraphs (k), (o), (p), (s),
834	(t), (v), and (w).
835	(c)  Provisions for methods for establishing the district
836	are set forth in section 2, subsection (6), paragraph (j) and
837	this section and are effective as provided in section 6.
838	(d)  Provisions regarding methods for amending the charter
839	of the district are set forth in section 2 of subsection (7),
840	paragraph (c); subsection (4) of this section; and section 4 of
841	subsection (28).
842	(e)  Provisions regarding aspects of the governing board
843	are set forth as follows:
844	1.  Provisions regarding the membership of the governing
845	board are set forth in section 4, subsection (3), paragraph (b)
846	and subsection (4), paragraph (c).
847	2.  Provisions regarding the organization of the governing
848	board are set forth in section 4, subsection (3), paragraphs
849	(b)-(d) and subsection (4), paragraph (c).
850	3.  Provisions regarding the requirement of five board
851	members are set forth in section 4, subsection (3), paragraph
852	(b) and subsection (4), paragraph (c), subparagraph 1.
853	4.  Provisions regarding the quorum of the governing board
854	are set forth in section 4, subsection (3), paragraph (b) and
855	subsection (4), paragraph (c), subparagraph 1., sub-subparagraph
856	e.
857	(f)  Provisions regarding maximum compensation of each
858	board member are set forth in section 4, subsection (4),
859	paragraph (c), and in particular in subparagraph 1., sub-
860	subparagraph h.
861	(g)  Provisions regarding the administrative duties of the
862	governing board are set forth in section 4, subsections (5)-(8).
863	(h)  Provisions applicable to financial disclosure,
864	noticing, and reporting requirements for:
865	1.  Financial disclosure are set forth in section 4,
866	subsections (6) and (7).
867	2.  Voting are set forth in section 4, subsections (3) and
868	(4).
869	3.  Reporting requirements are set forth in section 4,
870	subsections (5)-(7) and (31).
871	(i)  Provisions regarding procedures and requirements for
872	issuing bonds are set forth in section 4, subsection (12),
873	paragraphs (a)-(q), and subsection (13).
874	(j)  Provisions regarding elections or referenda are:
875	1.  For procedures for elections, set forth in section 4,
876	subsections (3) and (4), and regarding referenda, set forth in
877	section 4, subsection (14), paragraph (a).
878	2.  For qualifications of an elector of the district, a
879	qualified elector, set forth in section 2, subsection (6),
880	paragraph (v) and section 4, subsection (3), paragraphs (b) and
881	(c).
882	3.  For referenda, set forth in section 4, subsection (4),
883	paragraph (b).
884	(k)  Provisions regarding methods for financing the
885	district are set forth generally in section 4, subsections (10),
886	(11), (14), (15), (16), (17), (18), and (19).
887	(l)  Other than taxes levied for the payment of bonds and
888	taxes levied for periods not longer than 2 years when authorized
889	by vote of the electors of the district, provisions for:
890	1.  The authority to levy ad valorem taxes are set forth in
891	section 4, subsection (3), paragraph (h) and subsection (14),
892	paragraph (a); and section 2, subsection (6), paragraph (aa),
893	subparagraph 1.
894	2.  The authorized millage rate are set forth in section 4,
895	subsection (14), paragraph (a).
896	(m)  Provisions for the method or methods of collecting
897	non-ad valorem assessments, fees, or service charges are:
898	1.  For collecting non-ad valorem assessments, set forth in
899	section 4, subsection (14), paragraphs (b), (c), (d), (e), (h)
900	and, (i), and subsection (15).
901	2.  For collecting fees and service charges, set forth in
902	section 4, subsection (22).
903	(n)  Provisions for planning requirements are as limited by
904	the provisions of section 2 and this section and as limited
905	further by section 4, subsections (8) and (9).
906	(o)  Provisions for geographic boundary limitations of the
907	district are set forth in subsections (2)-(4) of this section
908	and section 4, subsection (2).
909	(2)  CREATION AND ESTABLISHMENT.--The Grove Community
910	District is created and incorporated hereby as a public body,
911	corporate and politic, a political subdivision, an independent,
912	limited, special, and single-purpose local government, and an
913	independent special district under section 189.404, Florida
914	Statutes, and as defined in this act and in section 189.403(3),
915	Florida Statutes, in and for northeastern Okeechobee County. Any
916	amendments to chapter 190, Florida Statutes, after January 1,
917	2006, which grant additional general powers, special powers,
918	authorities, or projects to a community development district by
919	amendment to its uniform charter, sections 190.006-190.041,
920	Florida Statutes, shall constitute a general power, special
921	power, authority, or function of the Grove Community District,
922	except that as to any such additional powers, authorities, or
923	projects, this act shall control if there are any related
924	provisions in such additional powers, authorities, or projects
925	inconsistent with the provisions of this act. Because all
926	notices for the enactment by the Legislature of this special act
927	have been provided pursuant to the State Constitution, the laws
928	of Florida, and the rules of the House of Representatives and
929	the Senate, and because Okeechobee County is not a charter
930	county, no referendum subsequent to the effective date of this
931	act is required. The district, as created by this act, is
932	established on the property pursuant to sections 4(2) and 6.
933	(3)  TERRITORIAL BOUNDARIES.--The territorial boundary of
934	the district shall embrace and include, without reservation or
935	enclave, all of that certain real property described legally in
936	section 4(2).
937	(4)  JURISDICTION.--The jurisdiction of this district, in
938	the exercise of its general and special powers and in the
939	carrying out of its single, narrow, and special purpose, is both
940	within the external boundaries of the legal description of this
941	district and extraterritorially, when limited to, and as
942	authorized expressly elsewhere in, the charter of the district
943	in this act or applicable general law. This single-purpose
944	district is created for all public body corporate, politic, and
945	local government authority and power limited by the charter and
946	subject to the provisions of other general laws, including
947	expressly chapter 189, Florida Statutes, except that an
948	inconsistent provision in this act shall control and the
949	district has jurisdiction to perform such acts and exercise such
950	projects, functions, and powers as shall be necessary,
951	convenient, incidental, proper, or reasonable for the
952	implementation of its limited, single, and specialized purpose
953	regarding the sound planning, provision, acquisition,
954	development, operation, maintenance, and related financing of
955	those public systems, facilities, services, improvements,
956	projects, and infrastructure works as authorized herein
957	including those necessary and incidental thereto.
958	(5)  EXCLUSIVE CHARTER.--The charter of the Grove Community
959	District is this act and may be amended, terminated, or repealed
960	only by special act of the Legislature amending or repealing
961	this act.
962	Section 4.  Disposition of sections 2 and 3; legal
963	description; exclusive charter of the Grove Community
964	District.--
965	(1)  INCORPORATION AND DISPOSITION OF SECTIONS 2 AND
966	3.--Sections 2 and 3 of this act are true and correct and are
967	incorporated herein and made a part of this section as
968	dispositive provisions of law. This act constitutes the
969	exclusive charter of the Grove Community District.
970	(2)  LEGAL DESCRIPTION.--The metes and bounds legal
971	description of the district, within which there are no enclaves
972	or parcels of property owned by those who do not wish their
973	property to be included within the district, is as follows:
974	METES AND BOUNDS DESCRIPTION
975	Grove Community District
976
977	LEGAL DESCRIPTION:
978	(OFFICIAL RECORDS BOOK 230, PAGE 571, PUBLIC RECORDS,
979	OKEECHOBEE COUNTY, FLORIDA)
980
981	ALL OF SECTIONS 1, 2, 3, 10, 11, 12, 13, 14, AND 15,
982	IN TOWNSHIP 34 SOUTH, RANGE 36 EAST, OKEECHOBEE
983	COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING
984	DESCRIBED LANDS:
985
986	BEGINNING AT A CONCRETE MONUMENT MARKING THE SOUTHEAST
987	CORNER OF SAID SECTION 13, RUN NORTH 89°26'05" WEST A
988	DISTANCE OF 5284.42 FEET TO AN IRON PIPE MARKING THE
989	SOUHWEST CORNER OF SAID SECTION 13; THENCE RUN SOUTH
990	89°42'28" WEST A DISTANCE OF 5114.05 FEET ALONG THE
991	SOUTH LINE OF SECTION 14 TO AN IRON PIPE AT THE SW
992	CORNER THEREOF; THENCE RUN NORTH 89°31'14" WEST ALONG
993	THE SOUTH LINE OF SECTION 15 A DISTANCE OF 5302.02
994	FEET TO A CONCRETE MONUMENT MARKING THE SOUTHWEST
995	CORNER OF SAID SECTION 15; THENCE RUN NORTH 00°00'14"
996	00°00'14" EAST ALONG THE WEST LINE OF SECTION 15 A
997	DISTANCE OF 174.49 FEET; THENCE RUN SOUTH 89°12'07"
998	89°12'07" EAST ALONG A FENCE LINE A DISTANCE OF
999	5302.87 FEET TO A POINT WHICH IS 145 FEET NORTH OF THE
1000	SOUTHWEST CORNER OF SAID SECTION 14; THENCE RUN SOUTH
1001	00°12'46" WEST A DISTANCE OF 20.0 FEET; THENCE RUN
1002	NORTH 89°42'28" EAST ALONG A LINE LYING PARALLEL TO
1003	AND 125 FEET NORTH OF THE SOUTH LINE OF SECTION 14 A
1004	DISTANCE OF 5113.88 FEET TO A POINT WHICH IS 125 FEET
1005	NORTH OF THE SOUTHWEST CORNER OF SECTION 13; THENCE
1006	RUN SOUTH 89°26'05" EAST ALONG A LINE PARALLEL TO AND
1007	125 FEET NORTH OF THE SOUTH LINE OF SECTION 13 A
1008	DISTANCE OF 5149.10 FEET TO A POINT WHICH IS 135 FEET
1009	WEST AND 125 FEET NORTH OF THE SOUTHEAST CORNER OF
1010	SECTION 13; THENCE RUN NORTH 00°00'22" WEST A DISTANCE
1011	OF 100 FEET; THENCE RUN SOUTH 89°26'05" EAST A
1012	DISTANCE OF 135 FEET TO THE EAST LINE OF SAID SECTION
1013	13; THENCE RUN SOUTH 00°00'22" EAST A DISTANCE OF 225
1014	FEET TO THE POINT OF BEGINNING AT THE SOUTHEAST CORNER
1015	OF SECTION 13, TOWNSHIP 34 SOUTH, RANGE 36 EAST,
1016	OKEECHOBEE COUNTY, FLORIDA, CONTAINING 5683.29 ACRES,
1017	MORE OR LESS.
1018
1019	(3)  BOARD; MEMBERS AND MEETINGS; ORGANIZATION; POWERS;
1020	DUTIES; TERMS OF OFFICE; RELATED ELECTION REQUIREMENTS.--
1021	(a)  The board shall exercise the powers granted to the
1022	district pursuant to this act in order to implement its
1023	specialized single purpose.
1024	(b)  There is created the Board of Supervisors of the Grove
1025	Community District, which is the governing board and body of the
1026	district. Except as otherwise provided herein, each member shall
1027	hold office for a term of 4 years and until his or her successor
1028	is chosen and qualifies. There shall be five members of the
1029	board who shall, in order to be eligible, be residents of the
1030	state and citizens of the United States. Three members shall
1031	constitute a quorum.
1032	(c)  Within 45 days after the effective date of this act, a
1033	specially noticed meeting of the landowners of the district
1034	shall be held for the purpose of electing the members to the
1035	first board as herein provided. Notice of such special meeting
1036	of the landowners shall be given by causing publication thereof
1037	to be made once a week for 2 consecutive weeks prior to such
1038	meeting in a newspaper of general paid subscription and
1039	circulation in Okeechobee County, the last day of such
1040	publication not to be fewer than 14 or more than 28 days before
1041	the day of the election. Such special meeting of the landowners
1042	shall be held in a public place in Okeechobee County, and the
1043	place, date, and hour of holding such meeting and the purpose
1044	thereof shall be stated expressly in the notice. The landowners,
1045	when assembled, shall organize by electing a chair who shall
1046	preside at the meeting of the landowners and a secretary who
1047	shall record the proceedings. At such meeting, for the election
1048	of each person to be elected, each and every acre of land, or
1049	any fraction thereof, within the boundary of the district shall
1050	represent one vote and each owner of that acre or fraction
1051	thereof shall be entitled to one vote for every such acre or
1052	fraction thereof. Persons who qualify to serve as board members
1053	shall be nominated at the noticed meeting and prior to the
1054	initial election at the noticed meeting. A landowner may vote in
1055	person or by proxy in writing. A landowner who sells land to a
1056	bona fide purchaser may by written lawful instrument retain the
1057	voting rights for that acreage.
1058	(d)  At the landowners' meeting for the election of the
1059	members of the board on a one-acre, one-vote basis, the two
1060	candidates receiving the highest number of votes shall be
1061	elected for terms expiring November 30, 2008, and the three
1062	candidates receiving the next highest number of votes shall be
1063	elected for terms expiring November 30, 2010. The members of the
1064	first board elected by the landowners shall serve their
1065	respective 4-year or 2-year terms; however, the next election by
1066	the landowners shall be held on the first Tuesday in November
1067	2008 to elect members to fill those vacancies to 4-year terms.
1068	Thereafter, there shall be an election of supervisors for the
1069	district every 2 years in November on a date established by the
1070	board and noticed pursuant to paragraph (c).
1071	(e)  The landowners present at the meeting shall constitute
1072	a quorum.
1073	(f)  All vacancies or expirations on the board shall be
1074	filled as provided by this act.
1075	(g)  In case of a vacancy in the office of any member of
1076	the board, the remaining members of the board shall by majority
1077	vote elect a person to serve as a member of the board for the
1078	unexpired portion of the term.
1079	(h)  If the board proposes to exercise its limited ad
1080	valorem taxing power as provided elsewhere in this charter, the
1081	provisions of section 4(14)(a) shall apply.
1082	(4)  ELECTION; POPULAR ELECTIONS, REFERENDUM; DESIGNATION
1083	OF URBAN AREAS.--
1084	(a)  Elections of the members of the board shall be
1085	conducted on a one-acre, one-vote basis as provided in paragraph
1086	(3)(c), until and unless the provisions of paragraph (b) apply.
1087	When applicable and required, the appropriate provisions of
1088	section 189.405, Florida Statutes, apply.
1089	(b)  A referendum shall be called by the board, each member
1090	elected on a one-acre, one-vote basis, on the question of
1091	whether certain members of the board should be elected by
1092	qualified electors, providing each of the following conditions
1093	has been satisfied at least 60 days prior to the general or
1094	special election at which the referendum is to be held:
1095	1.  The district has at least 500 qualified electors based
1096	on the most recent state population estimate.
1097	2.  A petition signed by 10 percent of the qualified
1098	electors of the district has been filed with the board. The
1099	petition shall be submitted to the Supervisor of Elections of
1100	Okeechobee County who shall, within 30 days after receipt of the
1101	petition, certify to the board the percentage of signatures of
1102	qualified electors contained in the petition.
1103	(c)  Upon verification by the supervisor of elections that
1104	10 percent of the qualified electors of the district have
1105	petitioned the board, a referendum election shall be called by
1106	the board at the next regularly scheduled election of governing
1107	board members occurring at least 60 days after verification.
1108	(d)  If the qualified electors approve the election
1109	procedure described in this section, the governing board of the
1110	district shall remain five members and elections shall be held
1111	pursuant to the criteria described in this paragraph, beginning
1112	with the next regularly scheduled election of governing board
1113	members or at a special election called within 6 months after
1114	the referendum and final unappealed approval of district urban
1115	area maps as provided in this section, whichever is earlier.
1116	(e)  If the qualified electors of the district reject the
1117	election procedure described in this section, elections of the
1118	members of the board shall continue as described in this act on
1119	a one-acre, one-vote basis. No further referendum on the
1120	question shall be held for a minimum period of 2 years after the
1121	referendum.
1122	(f)  Within 30 days after approval of the election process
1123	described in this section by qualified electors of the district,
1124	the board shall direct the district staff to prepare and to
1125	present maps of the district describing the extent and location
1126	of all urban areas within the district. Such determination shall
1127	be based upon the criteria contained in the definition of urban
1128	area in this act.
1129	(g)  Within 60 days after approval of the election process
1130	described in this subsection by qualified electors of the
1131	district, the maps describing urban areas within the district
1132	shall be presented to the board.
1133	(h)  Any district landowner or elector may contest the
1134	accuracy of the urban area maps prepared by the staff of the
1135	district within 30 days after submission to the board. Upon
1136	notice of objection to the maps, the governing board shall
1137	request the county engineer to prepare and present maps of the
1138	district describing the extent and location of all urban areas
1139	within the district. Such determination shall be based limitedly
1140	and exclusively upon the criteria contained in the definition in
1141	this act of urban area. Within 30 days after the governing board
1142	requests, the county engineer shall present the maps to the
1143	governing board.
1144	(i)  Upon presentation of the maps by the county engineer,
1145	the governing board shall compare the maps submitted by both the
1146	district staff and the county engineer and make a determination
1147	as to which set of maps to adopt. Within 60 days after
1148	presentation of all such maps, the governing board may amend and
1149	shall adopt the official maps at a regularly scheduled board
1150	meeting.
1151	(j)  Any district landowner or qualified elector may
1152	contest the accuracy of the urban area maps adopted by the board
1153	after adoption in accordance with the provision for judicial
1154	review as provided in the Administrative Procedure Act. Accuracy
1155	shall be determined pursuant to the definition of urban area in
1156	section 2(6)(bb).
1157	(k)  Upon adoption by the board or certification by the
1158	court, the district urban area maps shall serve as the official
1159	maps for determination of the extent of urban area within the
1160	district and the number of members of the board to be elected by
1161	qualified electors and by one-acre, one-vote at the next
1162	regularly scheduled election of governing board members.
1163	(l)  Upon a determination of the percentage of urban area
1164	within the district as compared with total area within the
1165	district, the governing board shall determine the number of
1166	electors in accordance with the percentages pursuant to this
1167	paragraph. The landowners' meeting date shall be designated by
1168	the board.
1169	(m)  The map shall be updated and readopted every 5 years
1170	or sooner at the discretion of the board.
1171	(n)1.  The five members of the governing board of the
1172	district shall be elected in accordance with the following
1173	determinations of urban area:
1174	a.  If urban areas constitute 25 percent or less of the
1175	district, one governing board member shall be elected by the
1176	qualified electors and four governing board members shall be
1177	elected in accordance with the one-acre, one-vote principle
1178	contained within subsection (3).
1179	b.  If urban areas constitute more than 25 percent but less
1180	than 50 percent of the district, two governing board members
1181	shall be elected by the qualified electors and three governing
1182	board members shall be elected in accordance with the one-acre,
1183	one-vote principle contained in subsection (3).
1184	c.  If urban areas constitute at least 50 percent but less
1185	than 70 percent of the district, three governing board members
1186	shall be elected by the qualified electors and two governing
1187	board members shall be elected in accordance with the one-acre,
1188	one-vote principle contained in subsection (3).
1189	d.  If urban areas constitute at least 70 percent but less
1190	than 90 percent of the district, four governing board members
1191	shall be elected by the qualified electors and one governing
1192	board member shall be elected in accordance with the one-acre,
1193	one-vote principle contained in subsection (3).
1194	e.  If urban areas constitute at least 90 percent or more
1195	of the district, all governing board members shall be elected by
1196	the qualified electors.
1197	2.  All members of the board, regardless of how elected,
1198	shall be public officers, known as supervisors, and, upon
1199	entering into office, shall take and subscribe to the oath of
1200	office as prescribed by section 876.05, Florida Statutes. All
1201	members of the board, regardless of how elected, and regardless
1202	of whether they are qualified electors themselves, shall be
1203	public officials and subject to ethics and conflict of interest
1204	laws of the state that apply to all public officers. They shall
1205	hold office for the terms for which they were elected and until
1206	their successors are chosen and qualified.
1207	3.  Any elected member of the board may be removed by the
1208	Governor for malfeasance, misfeasance, dishonesty, incompetency,
1209	or failure to perform the duties imposed upon him or her by this
1210	act. Any vacancies which may occur in such office shall be
1211	filled by the Governor, as soon as practicable, unless filled by
1212	the board as provided in this act.
1213	4.  All governing board members elected by qualified
1214	electors shall be qualified electors elected at large.
1215	Candidates seeking election as qualified electors shall conduct
1216	their campaigns in accordance with the provisions of chapter
1217	106, Florida Statutes, and shall file petitions as required in
1218	section 99.021, Florida Statutes, and take the oath therein
1219	prescribed.
1220	5.  All governing board members elected by qualified
1221	electors shall have a term of 4 years each except for governing
1222	board members elected at the first election and the first
1223	landowners' meeting following the referendum prescribed in
1224	paragraph (b). Governing board members elected at the first
1225	election and the first landowners' meeting following the
1226	referendum shall serve as follows:
1227	a.  If one governing board member is elected by the
1228	qualified electors and four are elected on a one-acre, one-vote
1229	basis, the governing board members elected by the qualified
1230	electors shall be elected for a term of 4 years each. Governing
1231	board members elected on a one-acre, one-vote basis shall be
1232	elected for terms as prescribed by subsection (3).
1233	b.  If two governing board members are elected by the
1234	qualified electors and three are elected on a one-acre, one-vote
1235	basis, the governing board members elected by the qualified
1236	electors shall be elected for a term period of 4 years each.
1237	Governing board members elected on a one-acre, one-vote basis
1238	shall be elected for terms of 1, 2, and 3 years, respectively,
1239	as prescribed by subsection (3).
1240	c.  If three governing board members are elected by the
1241	qualified electors and two are elected on a one-acre, one-vote
1242	basis, two of the governing board members elected by the
1243	qualified electors shall be elected for a term of 4 years and
1244	the other governing board member elected by the electors shall
1245	be elected for a term of 2 years. Governing board members
1246	elected on a one-acre, one-vote basis shall be elected for
1247	periods of 1 year and 2 years, respectively, as prescribed by
1248	subsection (3).
1249	d.  If four governing board members are elected by the
1250	qualified electors and one is elected on a one-acre, one-vote
1251	basis, two of the governing board members elected by the
1252	electors shall be elected for terms of 2 years each and the
1253	other two for term of 4 years each. The governing board member
1254	elected on a one-acre, one-vote basis shall be elected for a
1255	term of 1 year as prescribed by subsection (3).
1256	e.  If five governing board members are elected by the
1257	qualified electors, three shall be elected for terms of 4 years
1258	each and two for terms of 2 years each.
1259	6.  If any vacancy occurs in a seat occupied by a governing
1260	board member elected by the qualified electors, the remaining
1261	members of the governing board shall, within 45 days after the
1262	vacancy occurs, appoint a person who would be eligible to hold
1263	the office for the unexpired term.
1264	7.  Each and every election by qualified electors of
1265	members of the board pursuant to this act shall be conducted in
1266	the manner and at a time prescribed by law for holding general
1267	elections or prescribed by the Supervisor of Elections in and
1268	for the Okeechobee County political subdivision.
1269	8.a.  An annual landowners' meeting shall be held pursuant
1270	to subsection (3) and at least one governing board member shall
1271	be elected on a one-acre, one-vote basis pursuant to subsection
1272	(3) for so long as 10 percent or more of the district is not
1273	contained in an urban area. In the event all district governing
1274	board members are elected by qualified electors, there shall be
1275	no further landowners' meetings.
1276	b.  At any landowners' meeting called pursuant to this
1277	section, 50 percent of the district acreage shall not be
1278	required to constitute a quorum and each governing board member
1279	shall be elected by a majority of the acreage represented either
1280	by owner or proxy present and voting at said meeting.
1281	c.  All landowners' meetings of districts operating
1282	pursuant to this section shall be set by the board within the
1283	month preceding the month of the election of the governing board
1284	members by the electors.
1285	d.  Vacancies on the board shall be filled pursuant to
1286	subsection (3) and this subsection except as otherwise provided
1287	in this section.
1288	9.  Three board members shall constitute a quorum for the
1289	purpose of conducting its business and exercising its powers and
1290	for all other related purposes. Action taken by the board
1291	members present shall be upon a vote of the majority of the
1292	members present, unless general law or rule of the district
1293	subsequently promulgated requires a greater number.
1294	10.  As soon as practicable after each election or
1295	appointment, the board shall elect one of its members as chair,
1296	elect a secretary who need not be a member of the board, and
1297	elect such other officers as the board may deem necessary.
1298	11.  The board shall keep a permanent record book entitled
1299	"Record of Proceedings of Grove Community District," in which
1300	shall be recorded minutes of all meetings, resolutions,
1301	proceedings, certificates, bonds given by all employees, and any
1302	and all corporate acts. The record book shall at reasonable
1303	times be opened to inspection in the same manner as state,
1304	county, and municipal records pursuant to chapter 119, Florida
1305	Statutes. The record book shall be kept at the office or other
1306	regular place of business maintained by the board within
1307	Okeechobee County.
1308	12.  Each supervisor shall be entitled to receive for his
1309	or her services an amount not to exceed $200 per meeting of the
1310	board, not to exceed $4,800 per year per supervisor, or an
1311	amount established by the electors at referendum. In addition,
1312	each supervisor shall receive travel and per diem expenses as
1313	set forth in section 112.061, Florida Statutes.
1314	13.  All meetings of the board shall be open to the public
1315	and governed by the provisions of chapter 286, Florida Statutes.
1316	(o)  The members of the board, whether elected on a one-
1317	acre, one-vote basis or a qualified-elector basis, shall
1318	constitute the members of the governing board of the district
1319	subject to the requirements of this act.
1320	(5)  BOARD OF SUPERVISORS; GENERAL DUTIES.--
1321	(a)  The board shall employ and fix the compensation of a
1322	district manager. The district manager shall have charge and
1323	supervision of the works of the district and shall be
1324	responsible for preserving and maintaining any improvement or
1325	facility constructed or erected pursuant to the provisions of
1326	this act, for maintaining and operating the equipment owned by
1327	the district, and for performing such other duties as may be
1328	prescribed by the board. It shall not be a conflict of interest
1329	under chapter 112, Florida Statutes, for a board member or the
1330	district manager or another employee of the district to be a
1331	stockholder, officer, or employee of a landowner. The district
1332	manager may hire or otherwise employ and terminate the
1333	employment of such other persons, including, without limitation,
1334	professional, supervisory, and clerical employees, as may be
1335	necessary and authorized by the board. The compensation and
1336	other conditions of employment of the officers and employees of
1337	the district shall be as provided by the board.
1338	(b)  The board shall designate a person who is a resident
1339	of the state as treasurer of the district, who shall have charge
1340	of the funds of the district. Such funds shall be disbursed only
1341	upon the order, or pursuant to the resolution, of the board by
1342	warrant or check countersigned by the treasurer and by such
1343	other person as may be authorized by the board. The board may
1344	give the treasurer such other or additional powers and duties as
1345	the board may deem appropriate and may fix his or her
1346	compensation. The board may require the treasurer to give a bond
1347	in such amount, on such terms, and with such sureties as may be
1348	deemed satisfactory to the board to secure the performance by
1349	the treasurer of his or her powers and duties. The financial
1350	records of the board shall be audited by an independent
1351	certified public accountant at least once a year.
1352	(c)  The board is authorized to select as a depository for
1353	its funds any qualified public depository as defined in section
1354	280.02, Florida Statutes, which meets all the requirements of
1355	chapter 280, Florida Statutes, and has been designated by the
1356	treasurer as a qualified public depository, upon such terms and
1357	conditions as to the payment of interest by such depository upon
1358	the funds so deposited as the board may deem just and
1359	reasonable.
1360	(6)  BUDGET; REPORTS AND REVIEWS.--
1361	(a)  The district shall provide financial reports in such
1362	form and such manner as prescribed pursuant to this act and
1363	chapter 218, Florida Statutes.
1364	(b)  On or before each July 15, the district manager shall
1365	prepare a proposed budget for the ensuing fiscal year to be
1366	submitted to the board for board approval. The proposed budget
1367	shall include at the direction of the board an estimate of all
1368	necessary expenditures of the district for the ensuing fiscal
1369	year and an estimate of income to the district from the taxes
1370	and assessments provided in this act. The board shall consider
1371	the proposed budget item by item and may either approve the
1372	budget as proposed by the district manager or modify the same in
1373	part or in whole. The board shall indicate its approval of the
1374	budget by resolution, which resolution shall provide for a
1375	hearing on the budget as approved. Notice of the hearing on the
1376	budget shall be published in a newspaper of general circulation
1377	in the area of the district once a week for 2 consecutive weeks,
1378	except that the first publication shall be not fewer than 15
1379	days prior to the date of the hearing. The notice shall further
1380	contain a designation of the day, time, and place of the public
1381	hearing. At the time and place designated in the notice, the
1382	board shall hear all objections to the budget as proposed and
1383	may make such changes as the board deems necessary. At the
1384	conclusion of the budget hearing, the board shall, by
1385	resolution, adopt the budget as finally approved by the board.
1386	The budget shall be adopted prior to October 1 of each year.
1387	(c)  At least 60 days prior to adoption, the board shall
1388	submit to the Okeechobee County Board of County Commissioners,
1389	for purposes of disclosure and information only, the proposed
1390	annual budget for the ensuing fiscal year, and the board of
1391	county commissioners may submit written comments to the board
1392	solely for the assistance and information of the board of the
1393	district in adopting its annual district budget.
1394	(d)  The board shall submit annually, to the Board of
1395	County Commissioners of Okeechobee County, its district public
1396	facilities report under section 189.415(2), Florida Statutes,
1397	addressing specifically short-term and long-term innovative
1398	systems, facilities, and services consistent with the unique
1399	nature of the new community. The Board of County Commissioners
1400	of Okeechobee County shall use and rely on the district public
1401	facilities report in the preparation or revision of the
1402	Okeechobee County Comprehensive Plan specifically under section
1403	189.415(6), Florida Statutes.
1404	(7)  DISCLOSURE OF PUBLIC FINANCING.--The district shall
1405	take affirmative steps to provide for the full disclosure of
1406	information relating to the public financing and maintenance of
1407	improvements to real property undertaken by the district. Such
1408	information shall be made available to all current residents,
1409	and to all prospective residents, of the district. The district
1410	shall furnish each developer of a residential development within
1411	the district with sufficient copies of that information to
1412	provide each prospective initial purchaser of property in that
1413	development with a copy, and any developer of a residential
1414	development within the district, when required by law to provide
1415	a public offering statement, shall include a copy of such
1416	information relating to the public financing and maintenance of
1417	improvements in the public offering statement. The Division of
1418	Florida Land Sales, Condominiums, and Mobile Homes of the
1419	Department of Business and Professional Regulation shall ensure
1420	that disclosures are made by developers pursuant to chapter 498,
1421	Florida Statutes.
1422	(8)  GENERAL POWERS.--The district shall have, and the
1423	board may exercise, the following general powers:
1424	(a)  To sue and be sued in the name of the district; to
1425	adopt and use a seal and authorize the use of a facsimile
1426	thereof; to acquire by purchase, gift, devise, or otherwise, and
1427	to dispose of, real and personal property or any estate therein;
1428	and to make and execute contracts and other instruments
1429	necessary or convenient to the exercise of its powers.
1430	(b)  To apply for coverage of its employees under the state
1431	retirement system in the same manner as if such employees were
1432	state employees, subject to necessary action by the district to
1433	pay employer contributions into the state retirement fund.
1434	(c)  To contract for the services of consultants to perform
1435	planning, engineering, legal, or other appropriate services of a
1436	professional nature. Such contracts shall be subject to public
1437	bidding or competitive negotiation requirements as set forth in
1438	section 4(21).
1439	(d)  To borrow money and accept gifts; to apply for and use
1440	grants or loans of money or other property from the United
1441	States, the state, a unit of local government, or any person for
1442	any district purposes and enter into agreements required in
1443	connection therewith; and to hold, use, and dispose of such
1444	moneys or property for any district purposes in accordance with
1445	the terms of the gift, grant, loan, or agreement relating
1446	thereto.
1447	(e)  To adopt rules and orders pursuant to the provisions
1448	of chapter 120, Florida Statutes, prescribing the powers,
1449	duties, and functions of the officers of the district; the
1450	conduct of the business of the district; the maintenance of
1451	records; and the form of certificates evidencing tax liens and
1452	all other documents and records of the district. The board may
1453	also adopt administrative rules with respect to any of the
1454	projects of the district and define the area to be included
1455	therein. The board may also adopt resolutions which may be
1456	necessary for the conduct of district business.
1457	(f)  To maintain an office at such place or places as the
1458	board designates in Okeechobee County and within the district
1459	when facilities are available.
1460	(g)  To hold, control, and acquire by donation, purchase,
1461	or condemnation, and to dispose of, any public easements,
1462	dedications to public use, platted reservations for public
1463	purposes, or any reservations for those purposes authorized by
1464	this act other than public easements conveyed to or accepted by
1465	Okeechobee County and to make use of such easements,
1466	dedications, or reservations for the purpose mandated by this
1467	act.
1468	(h)  To lease as lessor or lessee to or from any person,
1469	firm, corporation, association, or body, public or private, any
1470	projects of the type that the district is authorized to
1471	undertake and facilities or property of any nature for the use
1472	of the district to carry out the purposes mandated by this act.
1473	(i)  To borrow money and issue bonds, certificates,
1474	warrants, notes, or other evidences of indebtedness as
1475	hereinafter provided; to levy such tax and assessments as may be
1476	authorized; and to charge, collect, and enforce fees and other
1477	user charges subject as applicable to section 4(10)-(13).
1478	(j)  To raise, by user charges or fees authorized by
1479	resolution of the board, amounts of money which are necessary
1480	for the conduct of the district activities and services and to
1481	enforce their receipt and collection in the manner prescribed by
1482	resolution not inconsistent with law.
1483	(k)  To exercise within the district, or beyond the
1484	district with prior approval by majority vote of a resolution of
1485	the governing body of the county if the taking will occur in an
1486	unincorporated area, the right and power of eminent domain,
1487	pursuant to the provisions of chapters 73 and 74, Florida
1488	Statutes, over any property within the state, except municipal,
1489	county, state, and federal property, for the uses and purpose of
1490	the district relating solely to water, sewer, district roads,
1491	and water management, specifically including, without
1492	limitation, the power for the taking of easements for the
1493	drainage of the land of one person over and through the land of
1494	another.
1495	(l)  To cooperate with, or contract with, other
1496	governmental agencies as may be necessary, convenient,
1497	incidental, or proper in connection with any of the powers,
1498	duties, or purposes authorized by this act.
1499	(m)  To assess and impose upon lands in the district ad
1500	valorem taxes as provided and limited by this act.
1501	(n)  If and when authorized by general law, to determine,
1502	order, levy, impose, collect, and enforce maintenance taxes.
1503	(o)  To determine, order, levy, impose, collect, and
1504	enforce assessments pursuant to this act, which sets forth a
1505	detailed uniform procedure to implement chapter 170, Florida
1506	Statutes, and as an alternative to determine, order, levy,
1507	impose, collect, and enforce assessments under and pursuant to
1508	chapter 170, Florida Statutes, pursuant to authority granted in
1509	section 197.3631, Florida Statutes, or pursuant to other
1510	provisions of general law, now or hereinafter enacted, which
1511	provide or authorize a supplemental means to impose, levy, and
1512	collect special assessments. Such special assessments, in the
1513	discretion of the district, as provided in section 197.3631,
1514	Florida Statutes, may be collected and enforced pursuant to the
1515	provisions of sections 197.3632 and 197.3635, Florida Statutes,
1516	and chapters 170 and 173, Florida Statutes, or as provided by
1517	this act.
1518	(p)  To exercise such special powers and other express
1519	powers as may be authorized and granted by this act in the
1520	charter of the district, including powers as provided in any
1521	interlocal agreement entered into pursuant to chapter 163,
1522	Florida Statutes, or which shall be required or permitted to be
1523	undertaken by the district pursuant to any development order or
1524	development of regional impact, including any interlocal service
1525	agreement with Okeechobee County for fair-share capital
1526	construction funding for any capital facilities or systems
1527	required of the developer pursuant to any applicable development
1528	order or agreement.
1529	(q)  To exercise all of the powers necessary, convenient,
1530	incidental, or proper in connection with any other powers or
1531	duties or the single purpose of the district authorized by this
1532	act.
1533
1534	The provisions of this subsection shall be construed liberally
1535	in order to carry out effectively the single specialized purpose
1536	of this act and to secure for the district its ability to be
1537	innovative.
1538	(9)  SPECIAL POWERS.--The district shall have the following
1539	special powers to implement its lawful, single, and special
1540	purpose and to provide pursuant to that purpose basic systems,
1541	facilities, services, improvements, projects, works, and
1542	infrastructure in the new community, each of which constitutes a
1543	lawful public purpose when exercised pursuant to this charter,
1544	subject to, and not inconsistent with, the regulatory
1545	jurisdiction and permitting authority of all other applicable
1546	governmental bodies, agencies, and any special districts having
1547	authority with respect to any area included therein, and to
1548	plan, establish, acquire, construct or reconstruct, enlarge or
1549	extend, equip, operate, finance, fund, and maintain
1550	improvements, systems, facilities, services, works, projects,
1551	and infrastructure any or all of the following special powers
1552	granted by this act in order to implement the special
1553	requirements of this new community within the single special
1554	purpose of the district:
1555	(a)  To provide for water management and control for the
1556	lands within the district and to connect some or any of such
1557	facilities with roads and bridges. In the event that the board
1558	assumes the responsibility for providing water management and
1559	control for the district which is to be financed by benefit
1560	special assessments, the board shall adapt plans and assessments
1561	pursuant to law or may adopt water management and control plans,
1562	assess for benefits, and apportion and levy special assessments
1563	as follows:
1564	1.  The board shall cause to be made by the district's
1565	engineer, or such other engineer or engineers as the board may
1566	employ for that purpose, complete and comprehensive water
1567	management and control plans for the lands located within the
1568	district that will be improved in part or in whole by any system
1569	of facilities that may be outlined and adopted, and the engineer
1570	shall make a report in writing to the board with maps and
1571	profiles of said surveys and an estimate of the cost of carrying
1572	out and completing the plans.
1573	2.  Upon the completion of such plans, the board shall hold
1574	a hearing thereon to hear objections thereto, shall give notice
1575	of the time and place fixed for such hearing by publication once
1576	each week for 2 consecutive weeks in a newspaper of general
1577	circulation in the general area of the district, and shall
1578	permit the inspection of the plan at the office of the district
1579	by all persons interested. All objections to the plan shall be
1580	filed at or before the time fixed in the notice for the hearing
1581	and shall be in writing.
1582	3.  After the hearing, the board shall consider the
1583	proposed plan and any objections thereto and may modify, reject,
1584	or adopt the plan or continue the hearing to a day certain for
1585	further consideration of the proposed plan or modifications
1586	thereof.
1587	4.  When the board approves a plan, a resolution shall be
1588	adopted and a certified copy thereof shall be filed in the
1589	office of the secretary and incorporated by him or her into the
1590	records of the district.
1591	5.  The water management and control plan may be altered in
1592	detail from time to time until the appraisal record herein
1593	provided is filed, but not in such manner as to affect
1594	materially the conditions of its adoption. After the appraisal
1595	record has been filed, no alteration of the plan shall be made,
1596	except as provided by this act.
1597	6.  Within 20 days after the final adoption of the plan by
1598	the board, the board shall proceed pursuant to section 298.301,
1599	Florida Statutes.
1600	(b)  To provide for water supply, sewer, and wastewater
1601	management, reclamation, and reuse or any combination thereof
1602	and any irrigation systems, facilities, and services; to
1603	construct and operate connecting intercepting or outlet sewers
1604	and sewer mains and pipes and water mains, conduits, or
1605	pipelines in, along, and under any street, alley, highway, or
1606	other public place or way; and to dispose of any effluent,
1607	residue, or other byproducts of such system or sewer system.
1608	1.  The district may not purchase or sell a water, sewer,
1609	or wastewater reuse utility that provides service to the public
1610	for compensation, or enter into a wastewater facility
1611	privatization contract for a wastewater facility, until the
1612	governing body of the new community district has held a public
1613	hearing on the purchase, sale, or wastewater facility
1614	privatization contract and made a determination that the
1615	purchase, sale, or wastewater facility privatization contract is
1616	in the public interest.
1617	2.  In determining if the purchase, sale, or wastewater
1618	facility privatization contract is in the public interest, the
1619	district shall consider, at a minimum, the following:
1620	a.  The most recent available income and expense statement
1621	for the utility.
1622	b.  The most recent available balance sheet for the
1623	utility, listing assets and liabilities and clearly showing the
1624	amount of contributions in aid of construction and the
1625	accumulated depreciation thereon.
1626	c.  A statement of the existing rate base of the utility
1627	for regulatory purposes.
1628	d.  The physical condition of the utility facilities being
1629	purchased, sold, or subject to a wastewater facility
1630	privatization contract.
1631	e.  The reasonableness of the purchase, sale, or wastewater
1632	facility privatization contract price and terms.
1633	f.  The impacts of the purchase, sale, or wastewater
1634	facility privatization contract on utility customers, both
1635	positive and negative.
1636	g.  Any additional investment required and the ability and
1637	willingness of the purchaser or the private firm under a
1638	wastewater facility privatization contract to make that
1639	investment, whether the purchaser is the district or the entity
1640	purchasing the utility from the district.
1641	h.  In the case of a wastewater facility privatization
1642	contract, the terms and conditions on which the private firm
1643	will provide capital investment and financing or a combination
1644	thereof for contemplated capital replacements, additions,
1645	expansions, and repairs. The district shall give significant
1646	weight to this criterion.
1647	i.  The alternatives to the purchase, sale, or wastewater
1648	facility privatization contract and the potential impact on
1649	utility customers if the purchase, sale, or wastewater facility
1650	privatization contract is not made.
1651	j.  The ability of the purchaser or the private firm under
1652	a wastewater facility privatization contract to provide and
1653	maintain high-quality and cost-effective utility service,
1654	whether the purchaser is the district or the entity purchasing
1655	the utility from the district.
1656	k.  In the case of a wastewater facility privatization
1657	contract, the technical expertise and experience of the private
1658	firm in carrying out the obligations specified in the wastewater
1659	facility privatization contract. The district shall give
1660	significant weight to this criterion.
1661	3.  All moneys paid by a private firm to a district
1662	pursuant to a wastewater facility privatization contract shall
1663	be used for the purpose of reducing or offsetting property
1664	taxes, wastewater service rates, or debt reduction or making
1665	infrastructure improvements or capital asset expenditures or
1666	other public purpose; however, nothing herein shall preclude the
1667	district from using all or part of the moneys for the purpose of
1668	the district's qualification for relief from the repayment of
1669	federal grant awards associated with the wastewater system as
1670	may be required by federal law or regulation. The district shall
1671	prepare a statement showing that the purchase, sale, or
1672	wastewater facility privatization contract is in the public
1673	interest, including a summary of the purchaser's or private
1674	firm's experience in water, sewer, or wastewater reuse utility
1675	operation and a showing of financial ability to provide the
1676	service, whether the purchaser or private firm is the district
1677	or the entity purchasing the utility from the district.
1678	(c)  To provide for bridges or culverts that may be needed
1679	across any drain, ditch, canal, floodway, holding basin,
1680	excavation, public highway, tract, grade, fill, or cut and
1681	roadways over levees and embankments, and to construct any and
1682	all of such works and improvements across, through, or over any
1683	public right-of-way, highway, grade, fill, or cut.
1684	(d)  To provide for district roads equal to or exceeding
1685	the specifications of the county in which such district roads
1686	are located, and streetlights, including conditions of
1687	development approval which sometimes may be different
1688	specifications than the normal specifications of the county.
1689	This special power includes construction, improvement, pavement,
1690	and maintenance of roadways and roads necessary and convenient
1691	for the exercise of the powers or duties of the district to:
1692	1.  Implement its single purpose.
1693	2.  Include as a component thereof roads, parkways,
1694	bridges, landscaping, irrigation, bicycle and jogging paths,
1695	street lighting, traffic signals, road striping, and all other
1696	customary elements of a modern road system in general or as tied
1697	to the conditions of development approval for the specific
1698	district.
1699	3.  Plan, implement, construct or reconstruct, enlarge or
1700	extend, finance, fund, equip, operate, and maintain parking
1701	facilities freestanding or as may be related to any innovative
1702	strategic intermodal system of transportation pursuant to
1703	applicable federal, state, and local laws and ordinances.
1704	(e)  To provide for buses, trolleys, transit shelters,
1705	ride-sharing facilities and services, parking improvements, and
1706	related signage.
1707	(f)  To cover investigation and remediation costs
1708	associated with the cleanup of actual or perceived environmental
1709	contamination within the district under the supervision or
1710	direction of a competent governmental authority unless the
1711	covered costs benefit any person who is a landowner within the
1712	district who caused or contributed to the contamination.
1713	(g)  To provide for conservation areas, mitigation areas,
1714	and wildlife habitat, including the maintenance of any plant or
1715	animal species, and any related interest in real or personal
1716	property.
1717	(h)  Using its general and special powers as set forth in
1718	this act, to provide for any other project within or without the
1719	boundaries of a district when the project is the subject of an
1720	agreement between the district and the Board of County
1721	Commissioners of Okeechobee County or with any applicable other
1722	public or private entity, including a homeowner association, and
1723	is not inconsistent with the Okeechobee County Comprehensive
1724	Plan and the Growth Management act which implement the single
1725	special purpose of the district.
1726	(i)  To provide for parks and facilities for indoor and
1727	outdoor recreational, cultural, and educational uses.
1728	(j)  To provide for fire prevention and control, including
1729	fire stations and buildings, water mains and plugs, fire trucks,
1730	and other vehicles and equipment, and for emergency medical
1731	services, including stations and buildings, vehicles, and
1732	equipment.
1733	(k)  To provide for school buildings and related
1734	structures, which may be leased, sold, or donated to the school
1735	district, for use in the educational system when authorized by
1736	the district school board. The district is granted the special
1737	power to contract with the Okeechobee County School Board and,
1738	as applicable, the Board of County Commissioners of Okeechobee
1739	County, and with the applicable landowner developer of the lands
1740	within the jurisdiction of the district, to assess the school
1741	district educational facilities plan, and to implement a
1742	management and financing plan for timely construction,
1743	maintenance, and acquisition, at the option of the district, of
1744	school facilities, including facilities identified in the
1745	facilities work programs or those proposed by charter schools.
1746	The district is granted the special power to determine, order,
1747	levy, impose, collect, or arrange for the collection and
1748	enforcement of assessments, as defined in and pursuant to this
1749	act, for such school facilities. The district is eligible for
1750	the financial enhancements available to educational facility
1751	benefit districts to provide for financing the construction and
1752	maintenance of educational facilities pursuant to section
1753	1013.356, Florida Statutes, and, if and when authorized by
1754	general law, to acquire such educational facilities. This act,
1755	in the place of an educational facilities benefit district,
1756	authorizes the Okeechobee County School Board to designate the
1757	district. The district is authorized to enter into an interlocal
1758	agreement with the Okeechobee County School Board and, as
1759	applicable, the Board of County Commissioners of Okeechobee
1760	County, and applicable private landowners and developers in
1761	order to provide for such construction, maintenance, and
1762	acquisition and in order to receive the applicable financial
1763	enhancements provided by section 1013.356, Florida Statutes. The
1764	interlocal agreement shall consider, among other things,
1765	absorption rates, sales rates, and related data of existing and
1766	projected schools; racial, ethnic, social, and economic balance
1767	within the Okeechobee County School District under applicable
1768	state and federal law; and the provision of school attendance
1769	zones to allow students residing within a reasonable distance of
1770	the facilities constructed and financed through the interlocal
1771	agreement to attend such facilities. Because these facilities
1772	are funded by assessments and not by taxes of any type, the
1773	provision of these facilities may be multiuse and, consistent
1774	with the provisions of this act, shall be first liens on the
1775	property upon a showing of special and peculiar benefits that
1776	flow to the property within the jurisdiction of the district as
1777	a logical connection from the systems, facilities, and services,
1778	resulting in added use, enhanced enjoyment, decreased insurance
1779	premiums, or enhanced value in marketability so that the
1780	Legislature finds that the provisions of the Florida
1781	Constitution for free public schools is implemented and
1782	enhanced.
1783	(l)  To provide for security, including, but not limited
1784	to, guardhouses, fences and gates, electronic intrusion
1785	detection systems, and patrol cars, when authorized by proper
1786	governmental agencies, except that the district may not exercise
1787	any powers of a law enforcement agency but may contract with the
1788	appropriate local general-purpose government agencies for an
1789	increased level of such services within the district boundaries.
1790	Notwithstanding any provision of general law, the district may
1791	operate guardhouses for the limited purpose of providing
1792	security for the residents of the district and which serve a
1793	predominate public, as opposed to private, purpose. Such
1794	guardhouses shall be operated by the district or other unit of
1795	local government pursuant to procedures designed to serve such
1796	security purposes as set forth in rules adopted by the board,
1797	from time to time, following the procedures set forth in chapter
1798	120, Florida Statutes.
1799	(m)  To provide for control and elimination of mosquitoes
1800	and other arthropods of public health importance.
1801	(n)  To provide for waste collection and disposal.
1802	(o)  To enter into impact fee credit agreements with
1803	Okeechobee County and the Okeechobee County School Board. Under
1804	such agreements, where the district constructs or makes
1805	contributions for public systems, facilities, services,
1806	projects, improvements, works, and infrastructures for which
1807	impact fee credits would be available to the landowner developer
1808	under the Okeechobee County and Okeechobee County School Board
1809	applicable impact fee ordinance, the agreement authorized by
1810	this act shall provide that such impact fee credit shall inure
1811	to the landowners within the district in portion to assessments
1812	or other burdens levied and imposed upon the landowners with
1813	respect to assessable improvements giving rise to such impact
1814	fee credits, and the district shall, from time to time, execute
1815	such instruments, such as assignments of impact fee credits, as
1816	may be necessary, appropriate, or desirable to accomplish or to
1817	confirm the foregoing.
1818	(p)  To establish and create, at noticed meetings, such
1819	government departments of the board of the district, as well as
1820	committees, task forces, boards, commissions, or other agencies
1821	under the supervision and control of the district, as from time
1822	to time the members of the board may deem necessary or desirable
1823	in the performance of the acts or other things necessary to
1824	exercise its general or special powers to implement an
1825	innovative project to carry out the special purpose of the
1826	district as provided in this act and to delegate to such
1827	departments, boards, task forces, committees, or other agencies
1828	such administrative duties and other powers as the board may
1829	deem necessary or desirable, but only if there is a set of
1830	expressed limitations for accountability, notice, and periodic
1831	written reporting to the board, which shall retain its powers.
1832	(q)  So long as not inconsistent with the applicable local
1833	government comprehensive plan and development entitlements, to
1834	coordinate with the landowner developer on the phasing of the
1835	delivery of infrastructure and to create phase entities or units
1836	for its charter purpose. Toward this end, and so long as it
1837	implements the purpose of the district under this act, the board
1838	may designate, therefore, units of development and adopt systems
1839	of progressive phased development by units with related
1840	management planning, implementation, construction, maintenance,
1841	and financing within its phased unit. If the board proceeds to
1842	designate such phased units of development, it must adopt at a
1843	noticed meeting pursuant to chapter 120, Florida Statutes, a
1844	rule setting forth detailed procedures and authorizations for
1845	such phase unit processes. A committee, department, or agency of
1846	the board shall be given express duty of oversight with monthly
1847	written reports to the board. No such phased units can begin or
1848	operate until or unless the required noticed rule has been
1849	promulgated. With regard to any phased unit, there shall be no
1850	bonded indebtedness and no levy of any lienable or nonlienable
1851	revenue, whether to amortize bonds or not, within the boundary
1852	of a phased unit other than by the board and pursuant to the
1853	powers, procedures, and provisions of this act and other
1854	applicable laws.
1855	(r)  To plan, establish, acquire, construct or reconstruct,
1856	enlarge or extend, equip, operate, maintain, finance, and fund
1857	buildings and structures for district offices, maintenance
1858	facilities, meeting facilities, town centers, or any other
1859	project authorized or granted by this act upon a showing at a
1860	noticed meeting of its efficacy to the specialized single
1861	purpose of this district for the new community.
1862	(s)  To plan, establish, acquire, construct or reconstruct,
1863	enlarge or extend, equip, operate, maintain, finance, and fund
1864	edifices and facilities for the provision of health care when
1865	authorized by applicable public or private agencies providing
1866	health care and upon a showing of efficacy to carry out the
1867	purpose of the district.
1868	(t)  To coordinate, work with, and, as the board deems
1869	appropriate, enter into interlocal agreements subject to the
1870	provisions of this charter with any public or private
1871	institution of higher education, including the Indian River
1872	Community College and any public or private university. The
1873	purpose of such coordination and agreements is to help sustain
1874	high-quality infrastructure in, around, and for the universities
1875	as may be appropriate under the law on the basis that the
1876	provision of such systems, facilities, and services, including
1877	classrooms or other buildings for such institutions, constitutes
1878	enhancement of the intrinsic value and marketability of property
1879	within the new community and also provides for increased
1880	enjoyment and enhanced use of the property. These systems,
1881	facilities, and services, including buildings, shall be first
1882	liens on the property within the community and serve a lawful
1883	public purpose upon a showing by the board in a nonarbitrary and
1884	informed manner of special and peculiar benefits that flow to
1885	the property within the community as a logical connection from
1886	the systems, facilities, and services, resulting in added use,
1887	enhanced enjoyment, decreased insurance premiums on, or enhanced
1888	value in the marketability of the property.
1889	(u)  To adopt and enforce appropriate rules following the
1890	procedures of chapter 120, Florida Statutes, in connection with
1891	the provisions of one or more its systems, facilities, services,
1892	projects, improvements, works, and infrastructure.
1893
1894	The enumeration of special powers in this subsection shall not
1895	be deemed exclusive or restrictive but shall be deemed to
1896	incorporate all powers, express or implied, necessary or
1897	incident to carrying out such enumerated special powers,
1898	including also the general powers provided by this special act
1899	charter to the district to implement its single purpose. The
1900	provisions of this subsection shall be construed liberally in
1901	order to carry out effectively the single purpose of this
1902	district under this act and to secure for the district its
1903	ability to be innovative.
1904	(10)  ISSUANCE OF BOND ANTICIPATION NOTES.--In addition to
1905	the other powers provided for in this act, and not in limitation
1906	thereof, the district shall have the power, at any time, and
1907	from time to time after the issuance of any bonds of the
1908	district shall have been authorized, to borrow money for the
1909	purposes for which such bonds are to be issued in anticipation
1910	of the receipt of the proceeds of the sale of such bonds and to
1911	issue bond anticipation notes in a principal sum not in excess
1912	of the authorized maximum amount of such bond issue. Such notes
1913	shall be in such denomination or denominations; bear interest at
1914	such rate, not to exceed the maximum rate allowed by general
1915	law; mature at such time or times not later than 5 years from
1916	the date of issuance; and be in such form and executed in such
1917	manner as the board shall prescribe. Such notes may be sold at
1918	either public or private sale or, if such notes are renewal
1919	notes, may be exchanged for notes then outstanding on such terms
1920	as the board shall determine. Such notes shall be paid from the
1921	proceeds of such bonds when issued. The board may, in its
1922	discretion, in lieu of retiring the notes by means of bonds,
1923	retire them by means of current revenues or from any taxes or
1924	assessments levied for the payment of such bonds, but in such
1925	event, a like amount of the bonds authorized shall not be
1926	issued.
1927	(11)  SHORT-TERM BORROWING.--The district may at any time
1928	obtain loans, in such amount and on such terms and conditions as
1929	the board may approve, for the purpose of paying any of the
1930	expenses of the district or any costs incurred or that may be
1931	incurred in connection with any of the projects of the district,
1932	which loans shall bear interest as the board determines as not
1933	to exceed the maximum rate allowed by general law and may be
1934	payable from and secured by a pledge of such funds, revenues,
1935	taxes, and assessments as the board may determine, subject,
1936	however, to the provisions contained in any proceeding under
1937	which bonds were theretofore issued and are then outstanding.
1938	For the purpose of defraying such costs and expenses, the
1939	district may issue negotiable notes, warrants, or other
1940	evidences of debt to be payable at such times and to bear such
1941	interest, not to exceed the maximum rate allowed by general law,
1942	as the board may determine and to be sold or discounted at such
1943	price or prices not less than 95 percent of par value and on
1944	such terms as the board may deem advisable. The board shall have
1945	the right to provide for the payment thereof by pledging the
1946	whole or any part of the funds, revenues, taxes, and assessments
1947	of the district. The approval of the electors residing in the
1948	district shall not be necessary except when required by the
1949	State Constitution.
1950	(12)  BONDS.--
1951	(a)  Bonds may be sold in blocks or installments at
1952	different times, or an entire issue or series may be sold at one
1953	time. Bonds may be sold at public or private sale after such
1954	advertisement, if any, as the board may deem advisable, but not
1955	in any event at less than 90 percent of the par value thereof,
1956	together with accrued interest thereon. Bonds may be sold or
1957	exchanged for refunding bonds. Special assessment and revenue
1958	bonds may be delivered by the district as payment of the
1959	purchase price of any project or part thereof, or a combination
1960	of projects or parts thereof, or as the purchase price or
1961	exchange for any property, real, personal, or mixed, including
1962	franchises or services rendered by any contractor, engineer, or
1963	other person, all at one time or in blocks from time to time, in
1964	such manner and upon such terms as the board in its discretion
1965	shall determine. The price or prices for any bonds sold,
1966	exchanged, or delivered may be:
1967	1.  The money paid for the bonds.
1968	2.  The principal amount, plus accrued interest to the date
1969	of redemption or exchange, or outstanding obligations exchanged
1970	for refunding bonds.
1971	3.  In the case of special assessment or revenue bonds, the
1972	amount of any indebtedness to contractors or other persons paid
1973	with such bonds, or the fair value of any properties exchanged
1974	for the bonds, as determined by the board.
1975	(b)  Any general obligation bonds, special assessment
1976	bonds, or revenue bonds may be authorized by resolution or
1977	resolutions of the board, which shall be adopted by a majority
1978	of all the members thereof then in office. Such resolution or
1979	resolutions may be adopted at the same meeting at which they are
1980	introduced and need not be published or posted. The board may,
1981	by resolution, authorize the issuance of bonds and fix the
1982	aggregate amount of bonds to be issued; the purpose or purposes
1983	for which the moneys derived therefrom shall be expended,
1984	including, but not limited to, payment of costs as defined in
1985	section 2(6)(h); the rate or rates of interest, not to exceed
1986	the maximum rate allowed by general law; the denomination of the
1987	bonds; whether or not the bonds are to be issued in one or more
1988	series; the date or dates of maturity, which shall not exceed 40
1989	years from their respective dates of issuance; the medium of
1990	payment; the place or places within or without the state where
1991	payment shall be made; registration privileges; redemption terms
1992	and privileges, whether with or without premium; the manner of
1993	execution; the form of the bonds, including any interest coupons
1994	to be attached thereto; the manner of execution of bonds and
1995	coupons; and any and all other terms, covenants, and conditions
1996	thereof and the establishment of revenue or other funds. Such
1997	authorizing resolution or resolutions may further provide for
1998	the contracts authorized by section 159.825(1)(f) and (g),
1999	Florida Statutes, regardless of the tax treatment of such bonds
2000	being authorized, subject to the finding by the board of a net
2001	savings to the district resulting by reason thereof. Such
2002	authorizing resolution may further provide that such bonds may
2003	be executed in accordance with the Registered Public Obligations
2004	Act, except that bonds not issued in registered form shall be
2005	valid if manually countersigned by an officer designated by
2006	appropriate resolution of the board. The seal of the district
2007	may be affixed, lithographed, engraved, or otherwise reproduced
2008	in facsimile on such bonds. In case any officer whose signature
2009	appears on any bonds or coupons ceases to be such officer before
2010	the delivery of such bonds, such signature or facsimile shall
2011	nevertheless be valid and sufficient for all purposes as if he
2012	or she had remained in office until such delivery.
2013	(c)  Pending the preparation of definitive bonds, the board
2014	may issue interim certificates or receipts or temporary bonds,
2015	in such form and with such provisions as the board may
2016	determine, exchangeable for definitive bonds when such bonds
2017	have been executed and are available for delivery. The board may
2018	also provide for the replacement of any bonds which become
2019	mutilated, lost, or destroyed.
2020	(d)  Any bond issued under this act or any temporary bond,
2021	in the absence of an express recital on the face thereof that it
2022	is nonnegotiable, shall be fully negotiable and shall be and
2023	constitute a negotiable instrument within the meaning and for
2024	all purposes of the law merchant and the laws of the state.
2025	(e)  The board may make such provision with respect to the
2026	defeasance of the right, title, and interest of the holders of
2027	any of the bonds and obligations of the district in any
2028	revenues, funds, or other properties by which such bonds are
2029	secured as the board deems appropriate and, without limitation
2030	on the foregoing, may provide that when such bonds or
2031	obligations become due and payable or are called for redemption
2032	and the whole amount of the principal and interest and premium,
2033	if any, due and payable upon the bonds or obligations then
2034	outstanding is held in trust for such purpose and provision is
2035	also made for paying all other sums payable in connection with
2036	such bonds or other obligations, then the right, title, and
2037	interest of the holders of the bonds in any revenues, funds, or
2038	other properties by which such bonds are secured shall thereupon
2039	cease, terminate, and become void; and the board may apply any
2040	surplus in any sinking fund established in connection with such
2041	bonds or obligations and all balances remaining in all other
2042	funds or accounts other than money held for the redemption or
2043	payment of the bonds or other obligations to any lawful purpose
2044	of the district as the board shall determine.
2045	(f)  If the proceeds of any bonds are less than the cost of
2046	completing the project in connection with which such bonds were
2047	issued, the board may authorize the issuance of additional bonds
2048	upon such terms and conditions as the board may provide in the
2049	resolution authorizing the issuance thereof, but only in
2050	compliance with the resolution or other proceedings authorizing
2051	the issuance of the original bonds.
2052	(g)  The district shall have the power to issue bonds to
2053	provide for the retirement or refunding of any bonds or
2054	obligations of the district that, at the time of such issuance,
2055	are or subsequently thereto become due and payable, or that at
2056	the time of issuance have been called or are or will be subject
2057	to call for redemption within 10 years thereafter, or the
2058	surrender of which can be procured from the holders thereof at
2059	prices satisfactory to the board. Refunding bonds may be issued
2060	at any time when, in the judgment of the board, such issuance
2061	will be advantageous to the district. No approval of the
2062	qualified electors residing in the district shall be required
2063	for the issuance of refunding bonds except in cases in which
2064	such approval is required by the State Constitution. The board
2065	may by resolution confer upon the holders of such refunding
2066	bonds all rights, powers, and remedies to which the holders
2067	would be entitled if they continued to be the owners and had
2068	possession of the bonds for the refinancing of which such
2069	refunding bonds are issued, including, but not limited to, the
2070	preservation of the lien of such bonds on the revenues of any
2071	project or on pledged funds, without extinguishment, impairment,
2072	or diminution thereof. The provisions of this act pertaining to
2073	bonds of the district shall, unless the context otherwise
2074	requires, govern the issuance of refunding bonds, the form and
2075	other details thereof, the rights of the holders thereof, and
2076	the duties of the board with respect thereto.
2077	(h)1.  The district shall have the power to issue revenue
2078	bonds from time to time without limitation as to amount. Such
2079	revenue bonds may be secured by, or payable from, the gross or
2080	net pledge of the revenues to be derived from any project or
2081	combination of projects; from the rates, fees, or other charges
2082	to be collected from the users of any project or projects; from
2083	any revenue-producing undertaking or activity of the district;
2084	from special assessments; from benefit special assessments; or
2085	from any other source or pledged security. Such bonds shall not
2086	constitute an indebtedness of the district, and the approval of
2087	the qualified electors shall not be required unless such bonds
2088	are additionally secured by the full faith and credit and taxing
2089	power of the district.
2090	2.  Any two or more projects may be combined and
2091	consolidated into a single project and may be operated and
2092	maintained as a single project. The revenue bonds authorized
2093	herein may be issued to finance any one or more of such
2094	projects, regardless of whether such projects have been combined
2095	and consolidated into a single project. If the board deems it
2096	advisable, the proceedings authorizing such revenue bonds may
2097	provide that the district may combine the projects then being
2098	financed or theretofore financed with other projects to be
2099	subsequently financed by the district and that revenue bonds to
2100	be thereafter issued by the district shall be on parity with the
2101	revenue bonds then being issued, all on such terms, conditions,
2102	and limitations provided in the proceeding which authorized the
2103	original bonds.
2104	(i)1.  Subject to the limitations of this charter, the
2105	district shall have the power from time to time to issue general
2106	obligation bonds to finance or refinance capital projects or to
2107	refund outstanding bonds in an aggregate principal amount of
2108	bonds outstanding at any one time not in excess of 35 percent of
2109	the assessed value of the taxable property within the district
2110	as shown on the pertinent tax records at the time of the
2111	authorization of the general obligation bonds for which the full
2112	faith and credit of the district is pledged. Except for
2113	refunding bonds, no general obligation bonds shall be issued
2114	unless the bonds are issued to finance or refinance a capital
2115	project and the issuance has been approved at an election held
2116	in accordance with the requirements for such election as
2117	prescribed by the State Constitution. Such elections shall be
2118	called to be held in the district by the board of county
2119	commissioners of the county upon the request of the board of the
2120	district. The expenses of calling and holding an election shall
2121	be at the expense of the district, and the district shall
2122	reimburse the county for any expenses incurred in calling or
2123	holding such election.
2124	2.  The district may pledge its full faith and credit for
2125	the payment of the principal and interest on such general
2126	obligation bonds and for any reserve funds provided therefor and
2127	may unconditionally and irrevocably pledge itself to levy ad
2128	valorem taxes on all taxable property in the district, to the
2129	extent necessary for the payment thereof, without limitations as
2130	to rate or amount.
2131	3.  If the board determines to issue general obligation
2132	bonds for more than one capital project, the approval of the
2133	issuance of the bonds for each and all such projects may be
2134	submitted to the electors on one and the same ballot. The
2135	failure of the electors to approve the issuance of bonds for any
2136	one or more capital projects shall not defeat the approval of
2137	bonds for any capital project which has been approved by the
2138	electors.
2139	4.  In arriving at the amount of general obligation bonds
2140	permitted to be outstanding at any one time pursuant to
2141	subparagraph 1., there shall not be included any general
2142	obligation bonds which are additionally secured by the pledge
2143	of:
2144	a.  Any assessments levied in an amount sufficient to pay
2145	the principal and interest on the general obligation bonds so
2146	additionally secured, which assessments have been equalized and
2147	confirmed by resolution of the board pursuant to this act or
2148	section 170.08, Florida Statutes.
2149	b.  Water revenues, sewer revenues, or water and sewer
2150	revenues of the district to be derived from user fees in an
2151	amount sufficient to pay the principal and interest on the
2152	general obligation bonds so additionally secured.
2153	c.  Any combination of assessments and revenues described
2154	in subparagraphs a. and b.
2155	(j)1.  Notwithstanding the provisions of any other law to
2156	the contrary, all bonds issued under the provisions of this act
2157	shall constitute legal investments for savings banks, banks,
2158	trust companies, insurance companies, executors, administrators,
2159	trustees, guardians, and other fiduciaries and for any board,
2160	body, agency, instrumentality, county, municipality, or other
2161	political subdivision of the state and shall be and constitute
2162	security which may be deposited by banks or trust companies as
2163	security for deposits of state, county, municipal, or other
2164	public funds or by insurance companies as required or voluntary
2165	statutory deposits.
2166	2.  Any bonds issued by the district shall be incontestable
2167	in the hands of bona fide purchasers or holders for value and
2168	shall not be invalid because of any irregularity or defect in
2169	the proceedings for the issue and sale thereof.
2170	(k)  Any resolution authorizing the issuance of bonds may
2171	contain such covenants as the board may deem advisable, and all
2172	such covenants shall constitute valid and legally binding and
2173	enforceable contracts between the district and the bondholders,
2174	regardless of the time of issuance thereof. Such covenants may
2175	include, without limitation, covenants concerning the
2176	disposition of the bond proceeds; the use and disposition of
2177	project revenues; the pledging of revenues, taxes, and
2178	assessments; the obligations of the district with respect to the
2179	operation of the project and the maintenance of adequate project
2180	revenues; the issuance of additional bonds; the appointment,
2181	powers, and duties of trustees and receivers; the acquisition of
2182	outstanding bonds and obligations; restrictions on the
2183	establishing of competing projects or facilities; restrictions
2184	on the sale or disposal of the assets and property of the
2185	district; the priority of assessment liens; the priority of
2186	claims by bondholders on the taxing power of the district; the
2187	maintenance of deposits to ensure the payment of revenues by
2188	users of district facilities and services; the discontinuance of
2189	district services by reason of delinquent payments; acceleration
2190	upon default; the execution of necessary instruments; the
2191	procedure for amending or abrogating covenants with the
2192	bondholders; and such other covenants as may be deemed necessary
2193	or desirable for the security of the bondholders.
2194	(l)  The power of the district to issue bonds under the
2195	provisions of this act may be determined, and any of the bonds
2196	of the district maturing over a period of more than 5 years
2197	shall be validated and confirmed, by court decree, under the
2198	provisions of chapter 75, Florida Statutes.
2199	(m)  To the extent allowed by general law, all bonds issued
2200	hereunder and interest paid thereon and all fees, charges, and
2201	other revenues derived by the district from the projects
2202	provided by this act are exempt from all taxes by the state or
2203	by any political subdivision, agency, or instrumentality
2204	thereof; however, any interest, income, or profits on debt
2205	obligations issued hereunder are not exempt from the tax imposed
2206	by chapter 220, Florida Statutes. Further, the district is not
2207	exempt from the provisions of chapter 212, Florida Statutes.
2208	(n)  Bonds issued by the district shall meet the criteria
2209	set forth in section 189.4085, Florida Statutes.
2210	(o)  This act constitutes full and complete authority for
2211	the issuance of bonds and the exercise of the powers of the
2212	district provided herein. No procedures or proceedings,
2213	publications, notices, consents, approvals, orders, acts, or
2214	things by the board, or any board, officers, commission,
2215	department, agency, or instrumentality of the district, other
2216	than those required by this act, shall be required to perform
2217	anything under this act, except that the issuance or sale of
2218	bonds pursuant to the provisions of this act shall comply with
2219	the general law requirements applicable to the issuance or sale
2220	of bonds by the district. Nothing in this act shall be construed
2221	to authorize the district to utilize bond proceeds to fund the
2222	ongoing operations of the district.
2223	(p)  The state pledges to the holders of any bonds issued
2224	under this act that it will not limit or alter the rights of the
2225	district to own, acquire, construct, reconstruct, improve,
2226	maintain, operate, or furnish the projects or to levy and
2227	collect the taxes, assessments, rentals, rates, fees, and other
2228	charges provided for herein or to fulfill the terms of any
2229	agreement made with the holders of such bonds or other
2230	obligations and that it will not in any way impair the rights or
2231	remedies of such holders.
2232	(q)  A default on the bonds or obligations of a district
2233	shall not constitute a debt or obligation of the state or any
2234	local general-purpose government or the state.
2235	(13)  TRUST AGREEMENTS.--Any issue of bonds shall be
2236	secured by a trust agreement by and between the district and a
2237	corporate trustee or trustees, which may be any trust company or
2238	bank having the powers of a trust company within or without the
2239	state. The resolution authorizing the issuance of the bonds or
2240	such trust agreement may pledge the revenues to be received from
2241	any projects of the district and may contain such provisions for
2242	protecting and enforcing the rights and remedies of the
2243	bondholders as the board may approve, including, without
2244	limitation, covenants setting forth the duties of the district
2245	in relation to the acquisition, construction, reconstruction,
2246	improvement, maintenance, repair, operation, and insurance of
2247	any projects; the fixing and revising of the rates, fees, and
2248	charges; and the custody, safeguarding, and application of all
2249	moneys and for the employment of consulting engineers in
2250	connection with such acquisition, construction, reconstruction,
2251	improvement, maintenance, repair, or operation. It shall be
2252	lawful for any bank or trust company within or without the state
2253	which may act as a depository of the proceeds of bonds or of
2254	revenues to furnish such indemnifying bonds or to pledge such
2255	securities as may be required by the district. Such resolution
2256	or trust agreement may set forth the rights and remedies of the
2257	bondholders and of the trustee, if any, and may restrict the
2258	individual right of action by bondholders. The board may provide
2259	for the payment of proceeds of the sale of the bonds and the
2260	revenues of any project to such officer, board, or depository as
2261	it may designate for the custody thereof and may provide for the
2262	method of disbursement thereof with such safeguards and
2263	restrictions as it may determine. All expenses incurred in
2264	carrying out the provisions of such resolution or trust
2265	agreement may be treated as part of the cost of operation of the
2266	project to which such trust agreement pertains.
2267	(14)  AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL
2268	ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL
2269	ASSESSMENTS; MAINTENANCE TAXES.--
2270	(a)  A board elected by and consisting of qualified
2271	electors shall have the power to levy and assess an ad valorem
2272	tax on all the taxable property in the district to construct,
2273	operate, and maintain assessable improvements; to pay the
2274	principal of, and interest on, any general obligation bonds of
2275	the district; and to provide for any sinking or other funds
2276	established in connection with any such bonds. An ad valorem tax
2277	levied by the board for operating purposes, exclusive of debt
2278	service on bonds, shall not exceed 3 mills. The ad valorem tax
2279	provided for herein shall be in addition to county and all other
2280	ad valorem taxes provided for by law. Such tax shall be
2281	assessed, levied, and collected in the same manner and at the
2282	same time as county taxes. The levy of ad valorem taxes shall be
2283	approved by referendum when required by the State Constitution.
2284	(b)  The board annually shall determine, order, and levy
2285	the annual installment of the total benefit special assessments
2286	for bonds issued for and expenses related to financing
2287	assessable improvements. These assessments may be due and
2288	collected during each year that county taxes are due and
2289	collected, in which case such annual installment and levy shall
2290	be evidenced and certified to the property appraiser by the
2291	board not later than August 31 of each year. Such assessment
2292	shall be entered by the property appraiser on the county tax
2293	rolls and shall be collected and enforced by the tax collector
2294	in the same manner and at the same time as county taxes, and the
2295	proceeds thereof shall be paid to the district. However, this
2296	subsection shall not prohibit the district in its discretion
2297	from using the method prescribed in either section 197.3632,
2298	Florida Statutes, or chapter 173, Florida Statutes, for
2299	collecting and enforcing these assessments. Each annual
2300	installment of benefit special assessments shall be a lien on
2301	the property against which assessed until paid and shall be
2302	enforceable in a like manner as county taxes. The amount of the
2303	assessment for the exercise of the district's powers under
2304	subsections (8) and (9) shall be determined by the board based
2305	upon a report by the district's engineer and assessed by the
2306	board upon such lands, which may be part or all of the lands
2307	within the district benefited by the improvement, apportioned
2308	between benefited lands in proportion to the benefits received
2309	by each tract of land. The board may, if it determines it is in
2310	the best interests of the district, set forth in the proceedings
2311	initially levying such benefit special assessments or in
2312	subsequent proceedings a formula for the determination of an
2313	amount, which, when paid by a taxpayer with respect to any tax
2314	parcel, shall constitute a prepayment of all future annual
2315	installments of such benefit special assessments and the payment
2316	of which amount with respect to such tax parcel shall relieve
2317	and discharge such tax parcel of the lien of such benefit
2318	special assessments and any subsequent annual installment
2319	thereof. The board may provide further that upon delinquency in
2320	the payment of any annual installment of benefit special
2321	assessments, the prepayment amount of all future annual
2322	installments of benefit special assessments as determined in
2323	this paragraph shall be and become immediately due and payable
2324	together with such delinquent annual installment.
2325	(c)  If and when authorized by general law, to maintain and
2326	preserve the physical facilities and services constituting the
2327	works, improvements, or infrastructure provided by the district
2328	pursuant to this act, and to repair and restore any one or more
2329	of them, when needed, and for the purpose of defraying the
2330	current expenses of the district, including any sum which may be
2331	required to pay state and county ad valorem taxes on any lands
2332	which may have been purchased and which are held by the district
2333	under the provisions of this act, the board may, upon the
2334	completion of said systems, facilities, services, works,
2335	improvements, or infrastructure, in whole or in part, as may be
2336	certified to the board by the engineer of the board, levy
2337	annually a non-ad valorem and nonmillage tax upon each tract or
2338	parcel of land within the district, to be known as a
2339	"maintenance tax." This non-ad valorem maintenance tax shall be
2340	apportioned upon the basis of the net assessments of benefits
2341	assessed as accruing from the original construction and shall be
2342	evidenced and certified to the property appraiser by the board
2343	not later than June 1 of each year and shall be entered by the
2344	property appraiser on the tax roll of the property appraiser, as
2345	certified by the property appraiser to the tax collector, and
2346	collected by the tax collector on the merged collection roll of
2347	the tax collector in the same manner and at the same time as
2348	county ad valorem taxes, and the proceeds therefrom shall be
2349	paid to the district. This non-ad valorem maintenance tax shall
2350	be a lien until paid on the property against which assessed and
2351	enforceable in like manner and of the same dignity as county ad
2352	valorem taxes.
2353	(d)  To maintain and preserve the facilities and projects
2354	of the district, the board may levy a maintenance special
2355	assessment. This assessment may be evidenced to and certified to
2356	the property appraiser by the board not later than August 31 of
2357	each year and shall be entered by the property appraiser on the
2358	county tax rolls and shall be collected and enforced by the tax
2359	collector in the same manner and at the same time as county
2360	taxes, and the proceeds therefrom shall be paid to the district.
2361	However, this subsection shall not prohibit the district in its
2362	discretion from using the method prescribed in section 197.363,
2363	section 197.3631, or section 197.3632, Florida Statutes, for
2364	collecting and enforcing these assessments. These maintenance
2365	special assessments shall be a lien on the property against
2366	which assessed until paid and shall be enforceable in like
2367	manner as county taxes. The amount of the maintenance special
2368	assessment for the exercise of the district's powers under this
2369	section shall be determined by the board based upon a report by
2370	the district's engineer and assessed by the board upon such
2371	lands, which may be all of the lands within the district
2372	benefited by the maintenance thereof, apportioned between the
2373	benefited lands in proportion to the benefits received by each
2374	tract of land.
2375	(e)  The board shall have the power to levy and impose any
2376	special assessments pursuant to subsection (15).
2377	(f)  The collection and enforcement of all taxes levied by
2378	the district shall be at the same time and in like manner as
2379	county taxes, and the provisions of the Florida Statutes
2380	relating to the sale of lands for unpaid and delinquent county
2381	taxes; the issuance, sale, and delivery of tax certificates for
2382	such unpaid and delinquent county taxes; the redemption thereof;
2383	the issuance to individuals of tax deeds based thereon; and all
2384	other procedures in connection therewith shall be applicable to
2385	the district to the same extent as if such statutory provisions
2386	were expressly set forth herein. All taxes shall be subject to
2387	the same discounts as county taxes.
2388	(g)  All taxes provided for in this act shall become
2389	delinquent and bear penalties on the amount of such taxes in the
2390	same manner as county taxes.
2391	(h)  Benefit special assessments, maintenance special
2392	assessments, and special assessments are hereby found and
2393	determined to be non-ad valorem assessments as defined by
2394	section 197.3632, Florida Statutes. Maintenance taxes are non-ad
2395	valorem taxes and are not special assessments.
2396	(i)  Any and all assessments, including special
2397	assessments, benefit special assessments, and maintenance
2398	special assessments authorized by this section; special
2399	assessments as defined by section 2(6)(z) and granted and
2400	authorized by this subsection; and maintenance taxes if
2401	authorized by general law, shall constitute a lien on the
2402	property against which assessed from the date of levy and
2403	imposition thereof until paid, coequal with the lien of state,
2404	county, municipal, and school board taxes. These assessments may
2405	be collected, at the district's discretion, under authority of
2406	section 197.3631, Florida Statutes, by the tax collector
2407	pursuant to the provisions of sections 197.3632 and 197.3635,
2408	Florida Statutes, or in accordance with other collection
2409	measures provided by law. In addition to, and not in limitation
2410	of, any powers otherwise set forth herein or in general law,
2411	these assessments may also be enforced pursuant to the
2412	provisions of chapter 173, Florida Statutes.
2413	(j)  Except as otherwise provided by law, no levy of ad
2414	valorem taxes or non-ad valorem assessments under this act or
2415	chapter 170 or chapter 197, Florida Statutes, or otherwise by a
2416	board of a district on property of a governmental entity that is
2417	subject to a ground lease as described in section 190.003(13),
2418	Florida Statutes, shall constitute a lien or encumbrance on the
2419	underlying fee interest of such governmental entity.
2420	(15)  SPECIAL ASSESSMENTS.--
2421	(a)  As an alternative method to the levy and imposition of
2422	special assessments pursuant to chapter 170, Florida Statutes,
2423	pursuant to the authority of section 197.3631, Florida Statutes,
2424	or pursuant to other provisions of general law that provide a
2425	supplemental means or authority to impose, levy, and collect
2426	special assessments as otherwise authorized under this act, the
2427	board may levy and impose special assessments to finance the
2428	exercise of any its powers permitted under this act using the
2429	following uniform procedures:
2430	1.  At a noticed meeting, the board shall consider and
2431	review an engineer's report on the costs of the systems,
2432	facilities, and services to be provided, a preliminary
2433	assessment methodology, and a preliminary roll based on acreage
2434	or platted lands, depending upon whether platting has occurred.
2435	2.  The assessment methodology shall address and discuss,
2436	and the board shall consider, whether the systems, facilities,
2437	and services being contemplated will result in special benefits
2438	peculiar to the property, different in kind and degree than
2439	general benefits, as a logical connection between the property
2440	and the systems, facilities, and services themselves, and
2441	whether the duty to pay the assessments by the property owners
2442	is apportioned in a manner that is fair and equitable and not in
2443	excess of the special benefit received. It shall be fair and
2444	equitable to designate a fixed proportion of the annual debt
2445	service, together with interest thereon, on the aggregate
2446	principal amount of bonds issued to finance such systems,
2447	facilities, and services which give rise to unique, special, and
2448	peculiar benefits to property of the same or similar
2449	characteristics under the assessment methodology so long as such
2450	fixed proportion does not exceed the unique, special, and
2451	peculiar benefits enjoyed by such property from such systems,
2452	facilities, and services.
2453	3.  The engineer's cost report shall identify the nature of
2454	the proposed systems, facilities, and services, their location,
2455	and a cost breakdown plus a total estimated cost, including cost
2456	of construction or reconstruction, labor and materials, lands,
2457	property, rights, easements, franchises or systems, facilities
2458	and services to be acquired, cost of plans and specifications,
2459	surveys of estimates of costs and of revenues, cost of
2460	engineering, legal, and other professional consultation
2461	services, and other expenses or costs necessary or incident to
2462	determining the feasibility or practicability of such
2463	construction, reconstruction, or acquisition, administrative
2464	expenses, relationship to the authority and power of the
2465	district in its charter, and such other expense or costs as may
2466	be necessary or incident to the financing to be authorized by
2467	the board.
2468	4.  The preliminary assessment roll will be prepared in
2469	accordance with the method of assessment provided for in the
2470	assessment methodology and as may be adopted by the board. The
2471	assessment roll shall be completed as promptly as possible and
2472	shall show the acreage, lots, lands, or plats assessed and the
2473	amount of the fairly and reasonably apportioned assessment based
2474	on special and peculiar benefit to the property, lot, parcel, or
2475	acreage of land, and if the assessment against each such lot,
2476	parcel, acreage, or portion of land is to be paid in
2477	installments, the number of annual installments in which the
2478	assessment is divided shall be entered into and shown upon the
2479	assessment roll.
2480	5.  The board may determine and declare by an initial
2481	assessment resolution to levy and assess the assessments with
2482	respect to assessable improvements stating the nature of the
2483	systems, facilities, and services; improvements, projects, or
2484	infrastructure constituting such assessable improvements; the
2485	information in the engineer's cost report; and the information
2486	in the assessment methodology as determined by the board at the
2487	noticed meeting and referencing and incorporating as part of the
2488	resolution the engineer's cost report, the preliminary
2489	assessment methodology, and the preliminary assessment roll as
2490	referenced exhibits to the resolution by reference. If the board
2491	determines to declare and levy the special assessments by the
2492	initial assessment resolution, the board shall also adopt and
2493	declare a notice resolution, which shall provide and cause the
2494	initial assessment resolution to be published once a week for a
2495	period of 2 weeks in a newspaper of general circulation
2496	published in Okeechobee County. The board shall, by the notice
2497	resolution, fix a time and place at which the owner or owners of
2498	the property to be assessed or any other persons interested
2499	therein may appear before the board and be heard as to the
2500	propriety and advisability of making such improvements, as to
2501	the costs thereof, as to the manner of payment therefor, and as
2502	to the amount thereof to be assessed against each property so
2503	improved. Thirty days' notice in writing of such time and place
2504	shall be given to such property owners. The notice shall include
2505	the amount of the assessment and shall be served by mailing a
2506	copy to each assessed property owner at his or her last known
2507	address, the names and addresses of such property owners to be
2508	obtained from the record of the property appraiser of the county
2509	political subdivision where the land is located or from such
2510	other sources as the district manager or engineer deems
2511	reliable. Proof of such mailing shall be made by the affidavit
2512	of the manager of the district or by the engineer, said proof to
2513	be filed with the manager of the district, provided that failure
2514	to mail said notice or notices shall not invalidate any of the
2515	proceedings hereunder. It is provided further that the last
2516	publication shall be at least 1 week prior to the date of the
2517	hearing on the final assessment resolution. Said notice shall
2518	describe the general areas to be improved and advise all persons
2519	interested that the description of each property to be assessed
2520	and the amount to be assessed to each piece, parcel, lot, or
2521	acre of property may be ascertained at the office of the manager
2522	of the district. Such service by publication shall be verified
2523	by the affidavit of the publisher and filed with the manager of
2524	the district. Moreover, the initial assessment resolution with
2525	its attached, referenced, and incorporated engineer's cost
2526	report, preliminary assessment methodology, and preliminary
2527	assessment roll, along with the notice resolution, shall be
2528	available for public inspection at the office of the manager and
2529	the office of the engineer or any other office designated by the
2530	board in the notice resolution. Notwithstanding the foregoing,
2531	the landowners of all of the property which is proposed to be
2532	assessed may give the district written notice of waiver of any
2533	notice and publication provided for in this subparagraph, and
2534	such notice and publication shall not be required; however, any
2535	meeting of the board to consider such resolution shall be a
2536	publicly noticed meeting.
2537	6.  At the time and place named in the noticed resolution
2538	as provided for in subparagraph 5., the board shall meet and
2539	hear testimony from affected property owners as to the propriety
2540	and advisability of providing the systems, facilities, services,
2541	projects, works, improvements, or infrastructure and funding
2542	them with assessments referenced in the initial assessment
2543	resolution on the property. Following the testimony and
2544	questions from the members of the board or any professional
2545	advisors to the district or the preparers of the engineer's cost
2546	report, the assessment methodology, and the assessment roll, the
2547	board shall make a final decision on whether to levy and assess
2548	the particular assessments. Thereafter, the board shall meet as
2549	an equalizing board to hear and consider any and all complaints
2550	as to the particular assessments and shall adjust and equalize
2551	the assessments on the basis of justice and right.
2552	7.  When so equalized and approved by resolution or
2553	ordinance by the board, to be called the final assessment
2554	resolution, a final assessment roll shall be filed with the
2555	manager of the board, and such assessment shall stand confirmed
2556	and remain legal, valid, and binding first liens on the property
2557	against which such assessments are made until paid, equal in
2558	dignity to the first liens of ad valorem taxation of county
2559	governments and school boards; however, upon completion of the
2560	systems, facilities, services, projects, improvements, works, or
2561	infrastructure, the district shall credit to each assessment the
2562	difference in the assessment as originally made, approved,
2563	levied, assessed, and confirmed and the proportionate part of
2564	the actual cost of the improvement to be paid by the particular
2565	special assessments as finally determined upon the completion of
2566	the improvement, but in no event shall the final assessment
2567	exceed the amount of the special and peculiar benefits as
2568	apportioned fairly and reasonably to the property from the
2569	system, facility, or service being provided as originally
2570	assessed. Promptly after such confirmation, the assessment shall
2571	be recorded by the manager of the board in the minutes of the
2572	proceedings of the district, and the record of the lien in this
2573	set of minutes shall constitute prima facie evidence of its
2574	validity. The board, in its sole discretion, may by resolution
2575	grant a discount equal to all or a part of the payee's
2576	proportionate share of the cost of the project consisting of
2577	bond financing cost, such as capitalized interest, funded
2578	reserves, and bond discounts included in the estimated cost of
2579	the project, upon payment in full of any assessments during such
2580	period prior to the time such financing costs are incurred as
2581	may be specified by the board in such resolution.
2582	8.  District assessments may be made payable in
2583	installments over no more than 30 years from the date of the
2584	payment of the first installment thereof and may bear interest
2585	at fixed or variable rates.
2586	(b)  Notwithstanding any provision of this act or of
2587	chapter 170 or section 170.09, Florida Statutes, which provide
2588	that assessments may be paid without interest at any time within
2589	30 days after the improvement is completed and a resolution
2590	accepting the same has been adopted by the governing authority,
2591	such provision shall not be applicable to any district
2592	assessments, whether imposed, levied, and collected pursuant to
2593	the provisions of this act or other provisions of Florida law,
2594	including, but not limited to, chapter 170, Florida Statutes.
2595	(c)  In addition, the district is authorized expressly in
2596	the exercise of its rulemaking power to promulgate a rule or
2597	rules providing for notice, levy, imposition, equalization, and
2598	collection of assessments.
2599	(16)  ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON
2600	ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS.--
2601	(a)  The board may, after any special assessments or
2602	benefit special assessments for assessable improvements are
2603	made, determined, and confirmed as provided in this act, issue
2604	certificates of indebtedness for the amount so assessed against
2605	the abutting property or property otherwise benefited, as the
2606	case may be. Separate certificates shall be issued against each
2607	part or parcel of land or property assessed, which certificates
2608	shall state the general nature of the improvement for which the
2609	assessment is made. The certificates shall be payable in annual
2610	installments in accordance with the installments of the special
2611	assessment for which they are issued. The board may determine
2612	the interest to be borne by such certificates, not to exceed the
2613	maximum rate allowed by general law, and may sell such
2614	certificates at either private or public sale and determine the
2615	form, manner of execution, and other details of such
2616	certificates. The certificates shall recite that they are
2617	payable only from the special assessments levied and collected
2618	from the part or parcel of land or property against which they
2619	are issued. The proceeds of such certificates may be pledged for
2620	the payment of principal of and interest on any revenue bonds or
2621	general obligation bonds issued to finance in whole or in part
2622	such assessable improvements, or, if not so pledged, may be used
2623	to pay the cost or part of the cost of such assessable
2624	improvements.
2625	(b)  The district may also issue assessment bonds, revenue
2626	bonds, or other obligations payable from a special fund into
2627	which such certificates of indebtedness referred to in the
2628	preceding paragraph may be deposited; or, if such certificates
2629	of indebtedness have not been issued, the district may assign to
2630	such special fund for the benefit of the holders of such
2631	assessment bonds or other obligations, or to a trustee for such
2632	bondholders, the assessment liens provided for in this act
2633	unless such certificates of indebtedness or assessment liens
2634	have been theretofore pledged for any bonds or other obligations
2635	authorized hereunder. In the event of the creation of such
2636	special fund and the issuance of such assessment bonds or other
2637	obligations, the proceeds of such certificates of indebtedness
2638	or assessment liens deposited therein shall be used only for the
2639	payment of the assessment bonds or other obligations issued as
2640	provided in this section. The district is authorized to covenant
2641	with the holders of such assessment bonds, revenue bonds, or
2642	other obligations that it will diligently and faithfully enforce
2643	and collect all the special assessments and interest and
2644	penalties thereon for which such certificates of indebtedness or
2645	assessment liens have been deposited in or assigned to such
2646	fund; to foreclose such assessment liens so assigned to such
2647	special fund or represented by the certificates of indebtedness
2648	deposited in the special fund, after such assessment liens have
2649	become delinquent, and deposit the proceeds derived from such
2650	foreclosure, including interest and penalties, in such special
2651	fund; and to make any other covenants deemed necessary or
2652	advisable in order to properly secure the holders of such
2653	assessment bonds or other obligations.
2654	(c)  The assessment bonds, revenue bonds, or other
2655	obligations issued pursuant to this section shall have such
2656	dates of issue and maturity as shall be deemed advisable by the
2657	board; however, the maturities of such assessment bonds or other
2658	obligations shall not be more than 2 years after the due date of
2659	the last installment which will be payable on any of the special
2660	assessments for which such assessment liens, or the certificates
2661	of indebtedness representing such assessment liens, are assigned
2662	to or deposited in such special fund.
2663	(d)  Such assessment bonds, revenue bonds, or other
2664	obligations issued under this section shall bear such interest
2665	as the board may determine, not to exceed the maximum rate
2666	allowed by general law, and shall be executed, shall have such
2667	provisions for redemption prior to maturity, and shall be sold
2668	in the manner of and be subject to all of the applicable
2669	provisions contained in this act for revenue bonds, except as
2670	the same may be inconsistent with the provisions of this
2671	section.
2672	(e)  All assessment bonds, revenue bonds, or other
2673	obligations issued under the provisions of this section shall be
2674	and constitute and shall have all the qualities and incidents of
2675	negotiable instruments under the law merchant and the laws of
2676	the state.
2677	(17)  TAX LIENS.--All taxes of the district provided for in
2678	this act, except together with all penalties for default in the
2679	payment of the same and all costs in collecting the same,
2680	including a reasonable attorney's fee fixed by the court and
2681	taxed as a cost in the action brought to enforce payment, shall,
2682	from January 1 for each year the property is liable to
2683	assessment and until paid, constitute a lien of equal dignity
2684	with the liens for state and county taxes and other taxes of
2685	equal dignity with state and county taxes upon all the lands
2686	against which such taxes shall be levied. A sale of any of the
2687	real property within the district for state and county or other
2688	taxes shall not operate to relieve or release the property so
2689	sold from the lien for subsequent district taxes or installments
2690	of district taxes, which lien may be enforced against such
2691	property as though no such sale thereof had been made. In
2692	addition to, and not in limitation of, the preceding sentence,
2693	for purposes of section 197.552, Florida Statutes, the lien of
2694	all special assessments levied by the district shall constitute
2695	a lien of record held by a municipal or county governmental
2696	unit. The provisions of sections 194.171, 197.122, 197.333, and
2697	197.432, Florida Statutes, as each may be amended from time to
2698	time, shall be applicable to district taxes with the same force
2699	and effect as if such provisions were expressly set forth in
2700	this act.
2701	(18)  PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY THE
2702	DISTRICT; SHARING IN PROCEEDS OF TAX SALE.--
2703	(a)  The district shall have the power and right to:
2704	1.  Pay any delinquent state, county, district, municipal,
2705	or other tax or assessment upon lands located wholly or
2706	partially within the boundaries of the district; and
2707	2.  Redeem or purchase any tax sales certificates issued or
2708	sold on account of any state, county, district, municipal, or
2709	other taxes or assessments upon lands located wholly or
2710	partially within the boundaries of the district.
2711	(b)  Delinquent taxes paid, or tax sales certificates
2712	redeemed or purchased, by the district, together with all
2713	penalties for the default in payment of the same, all costs in
2714	collecting the same, and a reasonable attorney's fee, shall
2715	constitute a lien in favor of the district of equal dignity with
2716	the liens of state and county taxes and other taxes of equal
2717	dignity with state and county taxes upon all the real property
2718	against which the taxes were levied. The lien of the district
2719	may be foreclosed in the manner provided in this act.
2720	(c)  In any sale of land pursuant to section 197.542,
2721	Florida Statutes, as may be amended from time to time, the
2722	district may certify to the clerk of the circuit court of the
2723	county holding such sale the amount of taxes due to the district
2724	upon the lands sought to be sold, and the district shall share
2725	in the disbursement of the sales proceeds in accordance with the
2726	provisions of this act and under the laws of the state.
2727	(19)  FORECLOSURE OF LIENS.--Any lien in favor of the
2728	district arising under this act may be foreclosed by the
2729	district by foreclosure proceedings in the name of the district
2730	in a court of competent jurisdiction as provided by general law
2731	in like manner as is provided in chapter 173, Florida Statutes,
2732	and amendments thereto; the provisions of that chapter shall be
2733	applicable to such proceedings with the same force and effect as
2734	if those provisions were expressly set forth in this act. Any
2735	act required or authorized to be done by or on behalf of a
2736	municipality in foreclosure proceedings under chapter 173,
2737	Florida Statutes, may be performed by such officer or agent of
2738	the district as the board may designate. Such foreclosure
2739	proceedings may be brought at any time after the expiration of 1
2740	year from the date any tax, or installment thereof, becomes
2741	delinquent; however, no lien shall be foreclosed against any
2742	political subdivision or agency of the state. Other legal
2743	remedies shall remain available.
2744	(20)  MANDATORY USE OF CERTAIN DISTRICT SYSTEMS,
2745	FACILITIES, AND SERVICES.--To the full extent permitted by law,
2746	the district shall require all lands, buildings, premises,
2747	persons, firms, and corporations within the district to use the
2748	water management and control facilities and water and sewer
2749	facilities of the district.
2750	(21)  COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS; RELATED
2751	PROVISIONS REQUIRED.--
2752	(a)  No contract shall be let by the board for any goods,
2753	supplies, or materials to be purchased when the amount thereof
2754	to be paid by the district shall exceed the amount provided in
2755	section 287.017, Florida Statutes, for category four unless
2756	notice of bids shall be advertised once in a newspaper of
2757	general circulation in Okeechobee County. Any board seeking to
2758	construct or improve a public building or structure or other
2759	public works shall comply with the bidding procedures of section
2760	255.20, Florida Statutes, and other applicable general law. In
2761	each case, the bid of the lowest responsive and responsible
2762	bidder shall be accepted unless all bids are rejected because
2763	the bids are too high or because the board determines it is in
2764	the best interests of the district to reject all bids. The board
2765	may require the bidders to furnish bond with a responsible
2766	surety to be approved by the board. Nothing in this section
2767	shall prevent the board from undertaking and performing the
2768	construction, operation, and maintenance of any project or
2769	facility authorized by this act by the employment of labor,
2770	material, and machinery.
2771	(b)  The provisions of the Consultants' Competitive
2772	Negotiation Act, section 287.055, Florida Statutes, apply to
2773	contracts for engineering, architecture, landscape architecture,
2774	or registered surveying and mapping services let by the board.
2775	(c)  Contracts for maintenance services for any district
2776	facility or project shall be subject to competitive bidding
2777	requirements when the amount thereof to be paid by the district
2778	exceeds the amount provided in section 287.017, Florida
2779	Statutes, for category four. The district shall adopt rules,
2780	policies, or procedures establishing competitive bidding
2781	procedures for maintenance services. Contracts for other
2782	services shall not be subject to competitive bidding unless the
2783	district adopts a rule, policy, or procedure applying
2784	competitive bidding procedures to said contracts.
2785	(22)  FEES, RENTALS, AND CHARGES; PROCEDURE FOR ADOPTION
2786	AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS.--
2787	(a)  The district is authorized to prescribe, fix,
2788	establish, and collect rates, fees, rentals, or other charges,
2789	hereinafter sometimes referred to as "revenues," and to revise
2790	the same from time to time, for the systems, facilities, and
2791	services furnished by the district within the limits of the
2792	district, including, but not limited to, recreational
2793	facilities, water management and control facilities, and water
2794	and sewer systems; to recover the costs of making connection
2795	with any district service, facility, or system; and to provide
2796	for reasonable penalties against any user or property for any
2797	such rates, fees, rentals, or other charges that are delinquent.
2798	(b)  No such rates, fees, rentals, or other charges for any
2799	of the facilities or services of the district shall be fixed
2800	until after a public hearing at which all the users of the
2801	proposed facility or service or owners, tenants, or occupants
2802	served or to be served thereby and all other interested persons
2803	shall have an opportunity to be heard concerning the proposed
2804	rates, fees, rentals, or other charges. Rates, fees, rentals,
2805	and other charges shall be adopted under the administrative
2806	rulemaking authority of the district but shall not apply to
2807	district leases. Notice of such public hearing setting forth the
2808	proposed schedule or schedules of rates, fees, rentals, and
2809	other charges shall have been published in a newspaper of
2810	general circulation in Okeechobee County at least once and at
2811	least 10 days prior to such public hearing. The rulemaking
2812	hearing may be adjourned from time to time. After such hearing,
2813	such schedule or schedules, either as initially proposed or as
2814	modified or amended, may be finally adopted. A copy of the
2815	schedule or schedules of such rates, fees, rentals, or charges
2816	as finally adopted shall be kept on file in an office designated
2817	by the board and shall be open at all reasonable times to public
2818	inspection. The rates, fees, rentals, or charges so fixed for
2819	any class of users or property served shall be extended to cover
2820	any additional users or properties thereafter served which shall
2821	fall in the same class, without the necessity of any notice or
2822	hearing.
2823	(c)  Such rates, fees, rentals, and charges shall be just,
2824	equitable, and uniform for users of the same class and, when
2825	appropriate, may be based or computed either upon the amount of
2826	service furnished, upon the number of average number of persons
2827	residing or working in or otherwise occupying the premises
2828	served, upon any other factor affecting the use of the
2829	facilities furnished, or upon any combination of the foregoing
2830	factors, as may be determined by the board on an equitable
2831	basis.
2832	(d)  The rates, fees, rentals, or other charges prescribed
2833	shall be such as will produce revenues, together with any other
2834	assessments, taxes, revenues, or funds available or pledged for
2835	such purpose, at least sufficient to provide for the following
2836	items, but not necessarily in the order stated:
2837	1.  All expenses of operation and maintenance of such
2838	facility or service;
2839	2.  Payment, when due, of all bonds and interest thereon
2840	for the payment of which such revenues are, or shall have been,
2841	pledged or encumbered, including reserves for such purpose; and
2842	3.  Any other funds which may be required under the
2843	resolution or resolutions authorizing the issuance of bonds
2844	pursuant to this act.
2845	(e)  The board shall have the power to enter into contracts
2846	for the use of the projects of the district and with respect to
2847	the services, systems, and facilities furnished or to be
2848	furnished by the district.
2849	(23)  RECOVERY OF DELINQUENT CHARGES.--In the event that
2850	any rates, fees, rentals, charges, or delinquent penalties are
2851	not paid as and when due and are in default for 60 days or more,
2852	the unpaid balance thereof and all interest accrued thereon,
2853	together with reasonable attorney's fees and costs, may be
2854	recovered by the district in a civil action.
2855	(24)  DISCONTINUANCE OF SERVICE.--In the event the fees,
2856	rentals, or other charges for water and sewer services, or
2857	either of them, are not paid when due, the board shall have the
2858	power, under such reasonable rules and regulations as the board
2859	may adopt, to discontinue and shut off both water and sewer
2860	services until such fees, rentals, or other charges, including
2861	interest, penalties, and charges for the shutting off and
2862	discontinuance of or restoration of such water and sewer
2863	services, or both, are fully paid; for such purposes, the board
2864	may enter on any lands, waters, or premises of any person, firm,
2865	corporation, or body, public or private, within the district
2866	limits. Such delinquent fees, rentals, or other charges,
2867	together with interest, penalties, and charges for the shutting
2868	off and discontinuance of or restoration of such services and
2869	facilities, reasonable attorney's fees, and other expenses, may
2870	be recovered by the district, which may also enforce payment of
2871	such delinquent fees, rentals, or other charges by any other
2872	lawful method of enforcement.
2873	(25)  ENFORCEMENT AND PENALTIES.--The board or any
2874	aggrieved person may have recourse to such remedies in law and
2875	at equity as may be necessary to ensure compliance with the
2876	provisions of this act, including injunctive relief to enjoin or
2877	restrain any person violating the provisions of this act or any
2878	bylaws, resolutions, regulations, rules, codes, or orders
2879	adopted under this act. In case any building or structure is
2880	erected, constructed, reconstructed, altered, repaired,
2881	converted, or maintained, or any building, structure, land, or
2882	water is used, in violation of this act or of any code, order,
2883	resolution, or other regulation made under authority conferred
2884	by this act or under law, the board or any citizen residing in
2885	the district may institute any appropriate action or proceeding
2886	to prevent such unlawful erection, construction, reconstruction,
2887	alteration, repair, conversion, maintenance, or use; to
2888	restrain, correct, or avoid such violation; to prevent the
2889	occupancy of such building, structure, land, or water; and to
2890	prevent any illegal act, conduct, business, or use in or about
2891	such premises, land, or water.
2892	(26)  SUITS AGAINST THE DISTRICT.--Any suit or action
2893	brought or maintained against the district for damages arising
2894	out of tort, including, without limitation, any claim arising
2895	upon account of an act causing an injury or loss of property,
2896	personal injury, or death, shall be subject to the limitations
2897	provided in section 768.28, Florida Statutes.
2898	(27)  EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION.--All
2899	district property shall be exempt from levy and sale by virtue
2900	of an execution, and no execution or other judicial process
2901	shall issue against such property, nor shall any judgment
2902	against the district be a charge or lien on its property or
2903	revenues; however, nothing contained herein shall apply to or
2904	limit the rights of bondholders to pursue any remedy for the
2905	enforcement of any lien or pledge given by the district in
2906	connection with any of the bonds or obligations of the district.
2907	(28)  TERMINATION, CONTRACTION, OR EXPANSION OF DISTRICT.--
2908	(a)  The board may ask the Legislature through its local
2909	legislative delegation in and for Okeechobee County to amend
2910	this act to contract or expand the boundaries of the district by
2911	amendment of subsection (2).
2912	(b)  The district shall remain in existence until:
2913	1.  The district is terminated and dissolved pursuant to
2914	amendment to this act by the Legislature; or
2915	2.  The district has become inactive pursuant to section
2916	189.4044, Florida Statutes.
2917	(29)  INCLUSION OF TERRITORY.--The inclusion of any or all
2918	territory of the district within a municipality does not change,
2919	alter, or affect the boundary, territory, existence, or
2920	jurisdiction of the district.
2921	(30)  SALE OF REAL ESTATE WITHIN A DISTRICT; REQUIRED
2922	DISCLOSURE TO PURCHASER.--Subsequent to the creation of this
2923	district under this act, each contract for the initial sale of a
2924	parcel of real property and each contract for the initial sale
2925	of a residential unit within the district shall include,
2926	immediately prior to the space reserved in the contract for the
2927	signature of the purchaser, the following disclosure statement
2928	in boldfaced and conspicuous type which is larger than the type
2929	in the remaining text of the contract: "THE GROVE COMMUNITY
2930	DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES
2931	AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS
2932	PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF
2933	CERTAIN PUBLIC SYSTEMS, FACILITIES, AND SERVICES OF THE DISTRICT
2934	AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT.
2935	THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER
2936	LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND
2937	ASSESSMENTS PROVIDED FOR BY LAW."
2938	(31)  NOTICE OF CREATION AND ESTABLISHMENT.--Within 30 days
2939	after the election of the first board members, the district
2940	shall cause to be recorded in the property records in the county
2941	in which it is located a "Notice of Creation and Establishment
2942	of the Grove Community District." The notice shall, at a
2943	minimum, include the legal description of the property of the
2944	landowners who have consented to establishment of this district
2945	and a copy of the disclosure statement specified in subsection
2946	(30).
2947	(32)  PUBLIC ACCESS.--Any system, facility, service, works,
2948	improvement, project, or other infrastructure owned by the
2949	district or funded by federal tax-exempt bonding issued by the
2950	district is public; the district by rule may regulate, and may
2951	impose reasonable charges or fees for, the use thereof but not
2952	to the extent that such regulation or imposition of such charges
2953	or fees constitutes denial of reasonable access.
2954	Section 5.  Severability.--If any provision of this act is
2955	determined unconstitutional or otherwise determined invalid by a
2956	court of law, all the rest and remainder of the act shall remain
2957	in full force and effect as the law of Florida.
2958	Section 6.  This act shall take effect upon becoming a law,
2959	except that the provisions of paragraph (a) of subsection (14)
2960	of section 4 which authorize the levy of ad valorem assessments
2961	shall only take effect upon express approval by a majority vote
2962	of those qualified electors of the district, as required by
2963	Section 9 of Article VII of the State Constitution, voting in a
2964	referendum to be called by the Supervisor of Elections of
2965	Okeechobee County and held by the Board of Supervisors of the
2966	Grove Community District. Such election shall be held in
2967	accordance with the provisions of law relating to elections in
2968	force at the time the referendum is held.

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