HB 1483

CS

CHAMBER ACTION

1	The Finance & Tax Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the Grove Community District,
7	Okeechobee County; providing a short title; creating the
8	Grove Community District; providing for findings,
9	determinations, ascertainments, intent, purpose,
10	definitions, and policy; providing a charter; providing
11	jurisdiction; providing boundaries; providing powers of
12	the district; creating the district as a special, limited,
13	and single-purpose independent district, an independent
14	local government, and corporate body politic, to provide
15	community development infrastructure; providing for
16	authority, boundaries, jurisdiction, and charter
17	amendment; providing for a governing board and terms of
18	office and duties thereof; providing for elections;
19	providing for a district manager; providing for bonds;
20	providing for borrowing; providing for future transition
21	to ad valorem taxation; providing for special assessments;
22	providing for issuance of certificates of indebtedness;
23	providing for tax liens; providing minimum charter
24	requirements; providing for the applicability of and
25	compliance with provisions of chapter 189, Florida
26	Statutes, and other general laws; providing for election
27	of an incorporation committee to review feasibility of
28	incorporating the district as a municipality; providing
29	for severability; providing for a referendum; providing an
30	effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Short title.--This act may be known as the
35	"Grove Community District Act."
36	Section 2.  Legislative findings, ascertainments,
37	determinations, intent, purpose, definitions, and policy.--
38	(1)  LEGISLATIVE FINDINGS.--
39	(a)  The northeastern area of Okeechobee County is unique
40	and special.
41	(b)  The land area of Okeechobee County is relatively
42	untouched and is predominantly used for agriculture or is
43	undeveloped.
44	(c)  The economy of Okeechobee County is dominated by farm
45	and retirement industries and:
46	1.  Okeechobee County is beginning to experience the
47	economic growth that substantially large parts of the remainder
48	of the state have already experienced.
49	2.  While the influence of the farming industry continues
50	to decline, the retirement industry is a major and growing
51	industry.
52	3.  Okeechobee County will experience rapid growth in
53	population over the next 20 years, as more retirees move to the
54	state and find coastal housing too expensive and as more
55	residents from coastal Florida counties move inland to
56	Okeechobee County, including northeastern Okeechobee County.
57	(d)  In implementing protection of natural resources,
58	retention of viable agriculture, and promotion of a sound
59	economy, the Okeechobee County Comprehensive Plan promotes
60	compact, efficient, and self-sustaining mixed-use development.
61	(e)  Evans Properties, Inc., own or have control over
62	approximately 5,683 acres for the development of an innovative
63	new self-sustaining community that fits the goals, aspirations,
64	and plans for northeastern Okeechobee County.
65	(f)  Within and subject to the comprehensive plan and land
66	development regulations, such a community requires appropriate
67	compact, balanced, self-sustaining, and mixed-use development on
68	a human scale with the required innovative balance of such
69	importance to the northeastern Okeechobee County area.
70	(g)  In particular:
71	1.  Creating a new community in northeastern Okeechobee
72	County requires a critical coinciding of existing and future
73	land use with provision of capital facilities and related
74	systems and services, based upon timely, flexible, and
75	specialized management of critical factors and sequential
76	events, balancing among the interests of private enterprise,
77	agriculture, private citizens, taxpayers, consumers, the
78	environment, the economy, the initial landowners, and all
79	applicable levels of government.
80	2.  All the applicable public and private persons and
81	entities have invested and expended substantial time and moneys
82	to generate the county comprehensive plan and the existing and
83	future consistent specific regulatory and comprehensive planning
84	entitlements and consistent land development regulations for the
85	identification, preparation, and development of a new community.
86	3.  Creating such a new community using a single-purpose
87	special independent district to provide infrastructure
88	constitutes innovative planning and flexible development
89	strategies pursuant to section 163.3177(11), Florida Statutes,
90	and Rule 9J-5.006(5)(l), Florida Administrative Code, to
91	minimize the conversion of agricultural lands to other uses, to
92	discourage urban sprawl, and to protect environmentally
93	sensitive areas while maintaining the economic viability of
94	agricultural and other predominately rural land uses and
95	providing for the efficient use of public facilities and
96	services as provided expressly in objective L7 of the Okeechobee
97	County Comprehensive Plan, Future Land Use Element.
98	(h)  There is in particular a special need to use a
99	specialized and limited single-purpose independent district unit
100	of local government for the new community:
101	1.  To prevent urban sprawl by providing self-sustaining
102	and freestanding infrastructure and by preventing needless and
103	counterproductive community development when the existing urban
104	area is not yet developed.
105	2.  To prevent the needless duplication, fragmentation, and
106	proliferation of local government services in a proposed land
107	use area.
108	(i)  Management of public health, safety, welfare,
109	economic, natural, and historic resources in this area of
110	northeastern Okeechobee County transcends the boundaries and
111	responsibilities of both private landowners and individual units
112	of government, so that no one single public or private entity or
113	person can plan or implement policies to deal with the many
114	issues which attend the provision of basic systems, facilities,
115	and services to the area to be managed in northeastern
116	Okeechobee County in order to provide for a new community in the
117	area.
118	(j)  It is the expressed set of findings of the Legislature
119	further that:
120	1.  There is a considerably long period of time during
121	which there is an inordinate infrastructure burden on the
122	initial landowners of the agricultural land area for the new
123	community because of the innovative, special, and unique
124	requirements in the Okeechobee County Comprehensive Plan for the
125	northeastern Okeechobee County area, dealing specifically with
126	flexible management and related sequencing, timing, and
127	financing of the various systems, facilities, and services to be
128	provided to the new community, taking into consideration
129	absorption rates, commercial viability, and related factors.
130	2.  Even as the community matures, there is continuing need
131	for landowners, both initial and subsequent, to bear burdens to
132	provide important infrastructure that remain relatively
133	inordinate in order to preserve such inordinate benefits for
134	northeastern Okeechobee County as the unique environmental and
135	economic purpose of the new community.
136	3.  Longer involvement of the initial landowner with regard
137	to the provision of basic systems, facilities, and services in
138	the new community area, coupled with a severely limited and
139	highly specialized single purpose of the district, is in the
140	public interest.
141	4.  Any public or private system to provide basic
142	infrastructure improvements, systems, facilities, and services
143	to this new community in northeastern Okeechobee County must be
144	focused on an unfettered, highly specialized, innovative,
145	responsive, accountable mechanism to provide the components of
146	infrastructure at sustained levels of high quality over the long
147	term only when and as needed for such a unique community in such
148	a unique area.
149	5.  There is a critical need to maintain such provision of
150	such systems, facilities, and services to the new community
151	because of the unique location and attributes of the
152	northeastern Okeechobee County area, coupled with the unique
153	purpose and location of this new community, subject to,
154	complying with, and not inconsistent with the state, regional,
155	and local requirements which attend implementation of the state
156	plan and the county comprehensive plan.
157	6.  This need is met by coinciding the use and special
158	attributes of various public and private alternatives for the
159	provision of infrastructure to such a community development,
160	including:
161	a.  The public policy and related implementing zoning,
162	permitting, and planning expertise, interests, and capabilities
163	of state and regional government and of the Okeechobee County
164	general-purpose local government;
165	b.  The flexible, limited, focused, and locally accountable
166	management and related financing capabilities of independent
167	special-purpose local government; and
168	c.  The innovative development and marketing private-sector
169	expertise of the initial landowners, developers, and other
170	components of private enterprise.
171	7.  The specialized financing and revenue procedures for
172	the levy and imposition of first-lien assessments, by a variety
173	of names, must be disclosed, followed, noticed, fair,
174	nonarbitrary, informed, reasonable, and accountable and must be
175	set forth dispositively.
176	(k)  The existence and use of such a limited specialized
177	single-purpose local government for the new community, subject
178	to the Okeechobee County Comprehensive Plan, will result in a
179	high propensity:
180	1.  To prevent urban sprawl, to protect and preserve
181	environmental, conservation, and agricultural uses and assets,
182	and to enhance the high-quality use of the applicable area of
183	northeastern Okeechobee County;
184	2.  To enhance the market value for both present and future
185	landowners of the property consistent with the need to protect
186	private property rights in the northeastern Okeechobee area;
187	3.  To enhance the net economic benefit to the Okeechobee
188	County area, including an enhanced and well-maintained tax base
189	to the benefit of all present and future taxpayers in Okeechobee
190	County; and
191	4.  To share the costs for providing such basic systems,
192	facilities, and services in an innovative, sequential, and
193	flexible manner within the new community to be serviced by the
194	Grove Community District.
195	(2)  ASCERTAINMENTS.--Based upon these findings, the
196	Legislature has learned and ascertains that:
197	(a)  There are two public or governmental alternatives and
198	one private alternative available to plan, construct, maintain,
199	and finance the provision of systems, facilities, and services
200	in the intended new community area of northeastern Okeechobee
201	County:
202	1.  One of the public or governmental alternatives for such
203	infrastructure provision is by the board of county commissioners
204	within the Okeechobee County political subdivision which can
205	provide certain basic systems, facilities, and services directly
206	or with management by its staff with financing through either a
207	municipal service taxing unit for ad valorem taxes or municipal
208	service benefit for assessments, or indirectly by nonemergency
209	ordinance use of a dependent district.
210	2.  The second public alternative is use of an independent
211	special district.
212	3.  The private alternative is the private landowner, a
213	private homeowner association, a private utility, a private
214	business corporation, or a partnership or combination of these
215	various private alternatives.
216	(b)  Planning, permitting, and creating the new community
217	and using the independent specialized single-purpose Grove
218	Community District created by this act are consistent with and
219	implement both the Okeechobee County Comprehensive Plan and Land
220	Development Regulations and also the following long-standing and
221	expressed policies of the state:
222	1.  To allow the creation of independent special taxing
223	districts which have uniform general law standards and
224	procedures and which do not overburden other local governments
225	and their taxpayers while preventing the proliferation of
226	independent special taxing districts which do not meet the
227	standards set forth in section 187.201(20), Florida Statutes.
228	a.  There are two alternatives for the use of independent
229	special districts. One alternative is establishment on the
230	approximately 5,683 acres by rule of the Governor and Cabinet of
231	a uniform community development district; the other is a special
232	independent district meeting the minimum requirements of chapter
233	189, Florida Statutes, the applicable district accountability
234	general law.
235	b.  Use of this special act, creating and establishing the
236	district on the approximately 5,683 acres in northeastern
237	Okeechobee County, is the better of the two independent district
238	alternatives because it updates the charter of a community
239	development district under chapter 190, Florida Statutes,
240	eliminates potential for its abuse, clarifies and sets forth
241	certain uniform procedures for liens on property and for access
242	by the public to the property, and makes other substantial
243	reforms to the benefit of the people of Okeechobee County and
244	future landowners, residents, and visitors.
245	2.  To encourage the development of local water supplies,
246	pursuant to section 187.201(7)(b)3., Florida Statutes.
247	3.  To recognize the existence of legitimate and often
248	competing public and private interests and land use regulations
249	and other government action, pursuant to section 187.201(14)(a),
250	Florida Statutes.
251	4.  Consistent with the Okeechobee County Comprehensive
252	Plan, to recognize the importance of preserving natural
253	resources and enhancing quality of life by development in those
254	areas where land and water resources, fiscal abilities, and
255	service capacity can accommodate the land use and growth in a
256	manner that is environmentally acceptable, pursuant to section
257	187.201(15)(a), Florida Statutes.
258	5.  To allocate costs of new public facilities on the basis
259	of benefits received by existing and future residents while
260	planning for the management and financing of new facilities to
261	serve residents in a timely, orderly, and efficient manner,
262	pursuant to section 187.201(17)(a) and (b)3., Florida Statutes.
263	6.  To encourage local government financial self-
264	sufficiency in providing public facilities and to identify and
265	implement fiscally sound, innovative, and cost-effective
266	techniques to provide and finance public facilities while
267	encouraging development, use, and coordination of capital
268	improvement plans by all levels of government, pursuant to
269	section 187.201(17)(b)5., 6., and 7., Florida Statutes, as
270	provided also in the Okeechobee County Comprehensive Plan.
271	7.  To increase, promote, and provide access to cultural,
272	historical, and educational resources and opportunities,
273	pursuant to section 187.201(18)(a) and (b)1., Florida Statutes.
274	8.  To enhance and diversify the economy of the Okeechobee
275	County area by promoting partnerships among education, business,
276	industry, agriculture, and the arts, provide opportunities for
277	training skilled employees for new and expanding businesses, and
278	promote self-sufficiency through training and educational
279	programs that result in productive employment, pursuant to
280	section 187.201(21)(a) and (b)6., 7., and 8., Florida Statutes.
281	9.  To encourage and enhance cooperation among communities
282	that have unique assets, irrespective of political boundaries,
283	to bring the private and public sectors together for
284	establishing an orderly, environmentally sound, and economically
285	sound plan for current and future needs and growth, pursuant to
286	section 187.201(25)(b)8., Florida Statutes.
287	10.  To create independent special districts by or pursuant
288	to general law to ensure long-term management and related
289	financing, to meet the need in the state for timely, efficient,
290	effective, responsive, innovative, accountable, focused, and
291	economic ways to deliver basic services to new communities to
292	solve the state's planning, management, and financing needs for
293	delivery of capital infrastructure in order in turn to provide
294	for projected growth only and to do so without overburdening
295	other governments and their taxpayers, pursuant to section
296	189.402, Florida Statutes, so that providing to the new
297	community basic systems, facilities, and services by independent
298	special districts remains pursuant to uniform general law and
299	section 189.402(3)(a) and (c), Florida Statutes.
300	11.  To ensure that those independent districts and the
301	exercise of their powers are consistent and comply with
302	applicable due process, disclosure, accountability, ethics, and
303	government-in-the-sunshine requirements of law, both to the
304	independent districts and to their elected and appointed
305	officials, pursuant to section 189.402(3)(b), Florida Statutes,
306	because independent special districts are a legitimate
307	alternative method available for use by both the public and
308	private sectors to manage, own, operate, construct, and finance
309	basic capital infrastructure systems, facilities, and services,
310	pursuant to section 189.402(4)(a), Florida Statutes.
311	12.  To ensure that an independent special district is
312	created to serve a special purpose to cooperate and to
313	coordinate its activities with the applicable general-purpose
314	local government because aspects of growth and development
315	transcend boundaries and responsibilities of individual units of
316	government so that no single unit of government can plan or
317	implement policies to deal with these issues unilaterally as
318	effectively, pursuant to section 189.402(7) and (8), Florida
319	Statutes.
320	(c)  Construction, operation, and development of the new
321	community and the use of the special and single-purpose
322	independent district are not inconsistent with the Okeechobee
323	County Comprehensive Plan.
324	(d)  This land area for the new community requires an
325	independent, special, and single-purpose local government, in
326	the form of an independent special district as defined in
327	section 189.403(3), Florida Statutes, subject to all substantive
328	and procedural limitations under state law, including this act,
329	in order to constitute itself a highly specialized alternative
330	and viable growth management concurrency mechanism appropriate
331	for this unique area, available to both the private and public
332	sectors.
333	(e)  Such a district requires timely, flexible, limited,
334	and specialized management and related financing capabilities
335	under its uniform state charter, created by this act pursuant to
336	general law, in order to produce those flexible, innovative, and
337	highly specialized benefits to the new community property in
338	northeastern Okeechobee County.
339	(f)  Such a district must have management capabilities to
340	provide pinpointed, focused, accountable, responsive, limited,
341	specialized, and low-overhead-based capability, authority, and
342	power to provide basic systems, facilities, and services to the
343	new community development with economies of scale but at
344	sustained high levels of quality over the long term.
345	(g)  In order to be responsive to the critical timing
346	required through the exercise of its special management
347	functions, an independent district requires financing of those
348	functions, including bondable lienable and nonlienable revenue,
349	with full and continuing public disclosure and accountability,
350	funded by landowners, both present and future, and funded also
351	by users of the systems, facilities, and services provided to
352	the land area by the district, without burdening the taxpayers
353	and citizens of the state or of Okeechobee County or any
354	municipality in Okeechobee County.
355	(h)  The provision of services by this independent district
356	must implement, be subject to, and function not inconsistent
357	with any related permitting and planning requirements of
358	Okeechobee County and of the Okeechobee County Comprehensive
359	Plan and Land Development Regulations.
360	(i)  The creation, existence, and operation of the Grove
361	Community District, as limited and specialized to its single
362	narrow purpose, will also:
363	1.  Constitute a public mechanism to translate the anti-
364	urban-sprawl objective of the Okeechobee County Comprehensive
365	Plan Future Land Use Element into reality.
366	2.  Constitute a disincentive for premature or
367	inappropriate municipal incorporation consistent with state law.
368	3.  Result in self-contained and self-sustained high-
369	quality infrastructure over the long term.
370	4.  Provide a mechanism for full and continuing disclosure
371	of how basic systems, facilities, and services are both managed
372	and financed, including full and continuing disclosure to both
373	prospective purchasers and all residents of public financing
374	related to any burdens of land ownership and any related burdens
375	on existing or future residents.
376	5.  Implement the Okeechobee County Comprehensive Plan
377	Future Land Use Element because innovative land techniques that
378	use public facilities efficiently, that meet county needs, and
379	that promote a sense of pride and community for its residents
380	are encouraged where the new community is located.
381	(j)  The district is also a mechanism to implement the
382	Okeechobee County Concurrency Management System designed to
383	coincide with, and to implement, both the Okeechobee County
384	future land use element and the capital improvements element for
385	basic systems, facilities, and services consistent with the best
386	interests of the new community.
387	(k)  By serving its single specialized purpose and in
388	preventing urban sprawl, the district will not result in
389	needless proliferation, duplication, and fragmentation of local
390	government systems, facilities, and services in this area of
391	northeastern Okeechobee County.
392	(l)  Subject to its substantive and procedural limitations,
393	the district will assist directly in public and combined public
394	and private planning and coordination in order to achieve
395	innovative solutions to the needs and requirements in this
396	unique new community located in northeastern Okeechobee County.
397	(m)  Management of the timing and phasing of critical
398	sequential events, coordinated by the initial private landowner
399	and the Board of County Commissioners of Okeechobee County, is
400	of fundamental importance and is the basis of the inordinate
401	burden on the initial landowner developer and to enhance the
402	provision of sustained high-quality infrastructure over the long
403	term to enhance the intrinsic value of the new community in
404	order to implement its requirements.
405	(n)  The critical single purpose of the district to provide
406	basic infrastructure systems, facilities, services, works,
407	infrastructure, and improvements to the private new community is
408	in the public interest because it:
409	1.  Does not pass on taxes or profits to purchasers of
410	property or to landowners and residents within their
411	jurisdictions.
412	2.  Results in less tendency for short-term planning,
413	construction, and management considerations because the
414	elections for members of the government board are staggered.
415	3.  Is not influenced, guided, or limited by quarterly and
416	annual profit statements.
417	4.  Does not have police or regulatory powers.
418	5.  Does not have larger general-purpose overhead
419	responsibilities.
420	6.  Is not subject to legitimate but counterveiling fiscal,
421	economic, policy, and political considerations to which large
422	general-purpose local governments and large landowners and
423	developers would be subject in the natural course of events.
424	7.  Does not constitute needless duplication,
425	proliferation, or fragmentation of local government systems,
426	facilities, and services in Okeechobee County.
427	8.  Shall operate and function subject to and not
428	inconsistent with the county comprehensive plan with least
429	overhead cost and with the highest amount of the public
430	disclosure, accountability, responsiveness, and productivity.
431	9.  Coincides its functions with the authority and best
432	interests of local general-purpose government, the private
433	landowners, both present and future, the taxpayers, the future
434	residents, and the state in the provision of needed
435	infrastructure to the community at sustained levels of quality
436	over the long term.
437	10.  Provides highly accountable innovative systems,
438	facilities, and services close to the land and close to the
439	people.
440	11.  Serves a land area that is amenable to separate
441	special district government.
442	12.  Serves a land area that is sufficiently compact and of
443	size sufficient for the functionally interrelated new community
444	development.
445	13.  Serves a land area in which there is no existing local
446	or regional system, facility, or service with which creation and
447	operation of this district and the provision of its systems,
448	facilities, improvements, and infrastructure would be
449	incompatible.
450	14.  Will enhance the intrinsic value of the property and
451	the new community development and be a sustaining source of
452	public revenue.
453	(o)  The independent district charter created in this act
454	involves innovative general and special powers not otherwise
455	available for this unique and highly specialized first ever new
456	community in such a unique area.
457	(p)  The minimum requirements of general law or creation of
458	this district by special act have been met as confirmed and set
459	forth expressly in section 3(1).
460	(3)  DETERMINATIONS.--Based upon its findings and
461	ascertainments, the Legislature states expressly and determines
462	that:
463	(a)  This act represents the findings, ascertainments, and
464	determinations of the Legislature that creating the Grove
465	Community District by special act pursuant to general law is the
466	best alternative as required by section 189.404(2)(e)3., Florida
467	Statutes, because it meets affirmatively the findings and
468	ascertainments of this Legislature set forth hereinabove.
469	(b)  The creation by this act of the district in the area
470	of northeastern Okeechobee County is consistent affirmatively
471	with the Okeechobee County Comprehensive Plan.
472	(c)  The authority for this act is pursuant to section
473	189.404, Florida Statutes, and the State Comprehensive Plan
474	pursuant to section 187.201, Florida Statutes.
475	(d)  The Board of County Commissioners of Okeechobee
476	County, on January 12, 2006, adopted Resolution 2006-1,
477	expressing no objection to the creation and establishment of the
478	Grove Community District and finding it consistent with the
479	Okeechobee County Comprehensive Plan as provided in section
480	189.404(2)(e)4., Florida Statutes.
481	(4)  INTENT.--Based upon its findings, ascertainments, and
482	determinations, the Legislature expresses its intent:
483	(a)  To ensure that the creation and operation of the Grove
484	Community District by and pursuant to this act, exercising its
485	management and related financing powers to implement its
486	limited, single, and special purpose, is not a development order
487	and does not trigger or invoke any development provision within
488	the meaning of chapter 380, Florida Statutes, and all applicable
489	governmental planning, environmental, and land development laws,
490	regulations, rules, policies, and ordinances apply to all
491	development of the land within the jurisdiction of the district
492	created by this act.
493	(b)  That the district operate and function subject to, and
494	not inconsistent with, the Okeechobee County Comprehensive Plan
495	and Land Development Regulations and any applicable development
496	orders, zoning regulations, or other land development
497	regulations.
498	(c)  That under this act, this special and single-purpose
499	Grove Community District shall not have the power of a general-
500	purpose local government to adopt a comprehensive plan or
501	related land development regulations as those terms are defined
502	in the Local Government Comprehensive Planning and Land
503	Development Regulation Act.
504	(d)  That the Grove Community District created by this act
505	constitute an innovative mechanism for long-term, sustained
506	quality public stewardship through the planning, implementation,
507	construction, management, and related financing of basic
508	systems, facilities, services, and infrastructure projects for
509	the self-contained and self-sustained mixed-use new community.
510	(e)  That it is in the public interest that this limited,
511	independent, specialized, and single-purpose district local
512	government have perpetual existence subject only to legislative
513	review as provided in its charter in this act so that it is not
514	in a position to outlive its usefulness.
515	(f)  That the exercise by this Grove Community District of
516	its powers to carry out its single purpose under its charter as
517	created by this act is consistent with applicable due process,
518	disclosure, accountability, ethics, conflict of interest,
519	government-in-the-sunshine, competitive procurement, including
520	its employees or consultants, competitive negotiation, and
521	competitive bidding requirements, both as to the government
522	entity itself and as to its appointed or elected officials as
523	required in this act.
524	(5)  PURPOSE.--The limited, single, and specialized purpose
525	of the Grove Community District is to provide community
526	development systems, facilities, services, projects,
527	improvements, and infrastructure to the new community by
528	exercising its various management powers, with related financing
529	powers, both general and special, as set forth by and limited by
530	this act.
531	(6)  DEFINITIONS.--As used in this act:
532	(a)  "Ad valorem bonds" means bonds which are payable from
533	the proceeds of ad valorem taxes levied on real and tangible
534	personal property and which are generally referred to as general
535	obligation bonds.
536	(b)  "Assessable improvements" means, without limitation,
537	any and all public improvements and community facilities that
538	the district is empowered to provide in accordance with this
539	act, which provide a special benefit to property within the
540	district.
541	(c)  "Assessment bonds" means special obligations of the
542	district which are payable solely from proceeds of the special
543	assessments or benefit special assessments levied for assessable
544	improvements; however, in lieu of issuing assessment bonds to
545	fund the costs of assessable improvements, the district may
546	issue revenue bonds for such purposes payable from special
547	assessments.
548	(d)  "Assessments" means those nonmillage district
549	assessments which include special assessments, benefit special
550	assessments, and maintenance special assessments and a
551	nonmillage, non-ad valorem maintenance tax if authorized by
552	general law.
553	(e)  "Benefit special assessments" are district assessments
554	imposed, levied, and collected pursuant to the provisions of
555	section 4(14)(b).
556	(f)  "Board" means the governing board of the district or,
557	if such board has been abolished, the board, body, or commission
558	succeeding to the principal functions thereof or to whom the
559	powers given to the board by this act have been given by law.
560	(g)  "Bond" includes "certificate," and the provisions
561	which are applicable to bonds are equally applicable to
562	certificates. The term "bond" includes any general obligation
563	bond, assessment bond, refunding bond, revenue bond, and other
564	such obligation in the nature of a bond as is provided for in
565	this act, as the case may be.
566	(h)  "Cost" or "costs," when used with reference to any
567	project, include, but are not limited to:
568	1.  The expense of determining the feasibility or
569	practicability of acquisition, construction, or reconstruction.
570	2.  The cost of surveys, estimates, plans, and
571	specifications.
572	3.  The cost of improvements.
573	4.  Engineering, fiscal, and legal expenses and charges.
574	5.  The cost of all labor, materials, machinery, and
575	equipment.
576	6.  The cost of all lands, properties, rights, easements,
577	and franchises acquired.
578	7.  Financing charges.
579	8.  The creation of initial reserve and debt service funds.
580	9.  Working capital.
581	10.  Interest charges incurred or estimated to be incurred
582	on money borrowed prior to and during construction and
583	acquisition and for such reasonable period of time after
584	completion of construction or acquisition as the board may
585	determine.
586	11.  The cost of issuance of bonds pursuant to this act,
587	including advertisements and printing.
588	12.  The cost of any bond or tax referendum held pursuant
589	to this act and all other expenses of issuance of bonds.
590	13.  The discount, if any, on the sale or exchange of
591	bonds.
592	14.  Administrative expenses.
593	15.  Such other expenses as may be necessary or incidental
594	to the acquisition, construction, or reconstruction of any
595	project or to the financing thereof or to the development of any
596	lands within the district.
597	16.  Payments, contributions, dedications, and any other
598	exactions required as a condition to receive any government
599	approval or permit necessary to accomplish any district purpose.
600	(i)  "Developed urban area" means any reasonably compact
601	urban area.
602	(j)  "District" or "Grove Community District" means the
603	unit of special and single-purpose local government created and
604	chartered by this act, including the creation of its charter,
605	and limited to the performance, in implementing its single
606	purpose, of those general and special powers authorized by its
607	charter under this act; the boundaries of which are set forth by
608	the act; and the governing head of which is created and
609	authorized to operate with legal existence by this act and the
610	purpose of which is as set forth in this act.
611	(k)  "District manager" means the manager of the district.
612	(l)  "District roads" means highways, streets, roads,
613	alleys, sidewalks, landscaping, storm drains, bridges, and
614	thoroughfares of all kinds of descriptions.
615	(m)  "General obligation bonds" means bonds which are
616	secured by, or provide for their payment by, the pledge, in
617	addition to those special taxes levied for their discharge and
618	such other sources as may be provided for their payment or
619	pledged as security under the resolution authorizing their
620	issuance, of the full faith and credit and taxing power of the
621	district and for payment of which recourse may be had against
622	the general fund of the district.
623	(n)  "Governing board member" means any member of the
624	board.
625	(o)  "Land development regulations" means those regulations
626	of general-purpose local government, adopted under the Local
627	Government Comprehensive Planning and Land Development
628	Regulations Act, the Growth Management Act, and chapter 163,
629	Florida Statutes, to which the district is subject and as to
630	which the district may not doing anything that is inconsistent;
631	but this term does not mean specific management engineering,
632	planning, and other criteria and standards needed in the daily
633	management and implementation by the district of its provision
634	of basic systems, facilities, services, works, improvements,
635	projects, or infrastructure, including design criteria and
636	standards, so long as they remain subject to and are not
637	inconsistent with the Okeechobee County Comprehensive Plan and
638	the applicable land development regulations.
639	(p)  "Landowner" means the owner of a freehold estate as
640	appears by the deed record, including a trustee, a private
641	corporation, and an owner of a condominium unit; it does not
642	include a reversioner, remainderman, mortgagee, or any
643	governmental entity, who shall not be counted and need not be
644	notified of proceedings under this act. "Landowner" also means
645	the owner of a ground lease from a governmental entity, which
646	leasehold interest has a remaining term, excluding all renewal
647	options, in excess of 50 years.
648	(q)  "Local general-purpose government" means a county,
649	municipality, or consolidated city-county government.
650	(r)  "Maintenance special assessments" means assessments
651	imposed, levied, and collected pursuant to the provisions of
652	section 4(14)(d).
653	(s)  "Non-ad valorem assessments" means those assessments
654	levied and imposed by the board which are not based upon millage
655	and which constitute, pursuant to the provisions hereof, first
656	liens on the properties subject thereto, coequal with the liens
657	of state, county, municipal, and school board taxes:
658	1.  If and when pursuant to general law, those nonmillage
659	and non-ad valorem taxes, limited expressly and only to those
660	certain maintenance taxes provided for expressly in the district
661	charter in this act which are not ad valorem taxes and are not
662	special assessments.
663	2.  Assessments which are not taxes and are special
664	assessments levied and imposed by the board pursuant to an
665	informed and nonarbitrary determination by the board that the
666	systems, facilities, and services will provide, as a logical
667	connection to the applicable parcels of property, special
668	benefits peculiar to the property, different in kind and degree
669	than general benefits and that the duty to pay per parcel will
670	be apportioned in a manner that is fair and reasonable; and
671	which may be known and referred to as "assessments," "special
672	assessments," "maintenance assessments," or "benefit
673	assessments" as defined by and as may be applicable in the
674	context of this charter. The levy of maintenance assessments to
675	maintain a system or facility constructed and financed by
676	special assessments levied by the district may be based on the
677	assessment methodology by which the construction special
678	assessments are levied but upon a determination that the
679	maintenance special assessments also provide a special and
680	peculiar benefit to the property and are apportioned in a manner
681	that is fair and reasonable.
682	3.  Any assessments which may be levied, imposed, and
683	equalized by the board by rule of the district.
684	(t)  "Powers" means powers as used and exercised by the
685	board to accomplish the single, limited, and special purpose of
686	the district, including:
687	1.  "General powers," as provided in the act for the
688	district charter, which means those organizational and
689	administrative powers of the district as provided in this act in
690	its charter in order to carry out its single special purpose as
691	a local government public corporate body politic.
692	2.  "Special powers," means those powers enumerated by the
693	act in the charter of the district to carry out its specialized
694	systems, facilities, services, projects, improvements, and
695	infrastructure and related functions in order to carry out its
696	single specialized purpose.
697	3.  Any other powers, authority, and functions set forth in
698	this act.
699	(u)  "Project" means any development, improvement,
700	property, power, utility, facility enterprise, service, system,
701	facility, works, or infrastructure now existing or hereafter
702	undertaken or established under the provisions of this act.
703	(v)  "Qualified elector" means any person at least 18 years
704	of age who is a citizen of the United States, is a legal
705	resident of the state and the district, and registers to vote
706	with the supervisor of elections in the county in which the
707	district land is located.
708	(w)  "Refunding bonds" means bonds issued to refinance
709	outstanding bonds of any type of the interest and redemption
710	premium thereon. Refunding bonds shall be issuable and payable
711	in the same manner as the refinanced bonds except that no
712	approval by the electorate shall be required unless required by
713	the State Constitution.
714	(x)  "Revenue bonds" means obligations of the district
715	which are payable from revenues, including, but not limited to,
716	special assessments and benefit special assessments, derived
717	from sources other than ad valorem taxes on real or tangible
718	personal property and which do not pledge the property, credit,
719	or general tax revenue of the district.
720	(y)  "Sewer system" means any plant, system, facility, or
721	property and additions, extensions, and improvements thereto at
722	any future time constructed or acquired as part thereof useful
723	or necessary or having the present capacity for future use in
724	connection with the collection, treatment, purification, or
725	disposal of sewage, including, without limitation, industrial
726	wastes resulting from any process of industry, manufacture,
727	trade, or business or from the development of any natural
728	resource. Without limiting the generality of the foregoing, the
729	term "sewer system" includes treatment plants, pumping stations,
730	lift stations, valves, force mains, intercepting sewers,
731	laterals, pressure lines, mains, and all necessary appurtenances
732	and equipment; all sewer mains, laterals, and other devices for
733	the reception and collection of sewage from premises connected
734	therewith; and all real and personal property and any interest
735	therein, rights, easements, and franchises of any nature
736	relating to any such system and necessary or convenient for
737	operation thereof.
738	(z)  "Special assessments" means assessments as imposed,
739	levied, and collected by the district for the costs of
740	assessable improvements pursuant to the provisions of this act,
741	chapter 170, Florida Statutes, the additional authority under
742	section 197.3631, Florida Statutes, or other provisions of
743	general law now or hereinafter enacted which provide or
744	authorize a supplemental means to impose, levy, and collect
745	special assessments.
746	(aa)  "Taxes" or "tax" means those levies and impositions
747	by the board which support and pay for government and the
748	administration of law and which may be:
749	1.  "Ad valorem" or "property" taxes based upon both the
750	appraised value of property and millage, at a rate uniform
751	within the jurisdiction.
752	2.  If and when authorized by general law, "non-ad valorem
753	maintenance taxes" not based on millage which are used to
754	maintain district systems, facilities, and services.
755	(bb)  "Urban area" means a developed and inhabited urban
756	area within the district within a minimum acreage resident
757	population density of least 1.5 persons per acre as defined by
758	the latest official census, special census, or population
759	estimate or a minimum density of one single-family home per 2.5
760	acres with access to improved roads or a minimum density of one
761	single-family home per 5 acres within a recorded plat
762	subdivision. Urban areas shall be designated by the board of the
763	district with the assistance of all local general-purpose
764	governments having jurisdiction over the area within the
765	jurisdiction of the district.
766	(cc)  "Water system" means any plant, system, facility, or
767	property and additions, extensions, and improvements thereto at
768	any future time constructed or acquired as part thereof useful
769	or necessary or having the present capacity for future use in
770	connection with the development of sources, treatment, or
771	purification and distribution of water. Without limiting the
772	generality of the foregoing, the term "water system" includes
773	dams, reservoirs, storage, tanks, mains, lines, valves, pumping
774	stations, laterals, and pipes for the purpose of carrying water
775	to the premises connected with such system and all rights,
776	easements, and franchises of any nature relating to any such
777	system and necessary or convenient for the operation thereof.
778	(7)  POLICY.--Based upon its findings, ascertainments,
779	determinations, intent, purpose, and definitions, the
780	Legislature states its policy expressly:
781	(a)  The district and district charter, with its general
782	and special powers, created in this act are essential and the
783	best alternative for the unique location and nature of the new
784	community for residential, commercial, academic, and other
785	community uses, projects, or functions in northeastern
786	Okeechobee County consistent with and designed to enhance the
787	Okeechobee County Comprehensive Plan and to serve a lawful
788	public purpose.
789	(b)  This district, a local government and corporate body
790	politic, is limited to its single, narrow, and special
791	legislative purpose herein expressed, with the power to provide,
792	plan, implement, construct, maintain, and finance as a local
793	government management entity its basic systems, facilities,
794	services, improvements, infrastructure, and projects and
795	possessing financing powers to fund its management purpose over
796	the long term.
797	(c)  This act may be amended only by special act of the
798	Legislature in whole or in part.
799	Section 3.  Minimum general law requirements; creation and
800	establishment; boundaries; jurisdiction; construction; charter
801	with legal description.--
802	(1)  MINIMUM CHARTER REQUIREMENTS.--Pursuant to section
803	189.404(3), Florida Statutes, the Legislature sets forth that
804	the minimum requirements in paragraphs (a) through (o) have been
805	met in the identified provisions of the act as follows:
806	(a)  The purpose of the district is stated in the act in
807	section 2, subsection (5).
808	(b)  The powers, functions, and duties of the district are
809	set forth generally in section 4, subsection (3), paragraphs (g)
810	and (h) and subsections (5)-(16), (18), (19), (21), (25), and
811	(32) as to which:
812	1.  Taxation provisions are set forth in section 2,
813	subsection (6), paragraph (aa); section 4, subsection (3),
814	paragraph (h); subsection (14), paragraphs (a), (c), (f), (g),
815	and (i); and subsections (17), (18), and (19).
816	2.  Bond issuance provisions are set forth generally in
817	section 2; section 4, subsection (8), paragraph (d); subsections
818	(10)-(13), and subsection (16), paragraphs (b) and (c).
819	3.  Provisions regarding the other revenue-raising
820	capabilities are set forth in section 2, subsection (6),
821	paragraphs (b), (d), (r), (s), and (z); and section 4,
822	subsections (10) and (11); subsection (14), paragraphs (b), (d),
823	(e), (h), (i), and (j); and subsections (15) and (16).
824	4.  Provisions regarding fees, rentals, and charges are set
825	forth in section 2, subsection (6); section 4, subsection (8),
826	paragraph (i); and subsections (22)-(25).
827	5.  Provisions regarding budget preparation and approval
828	are set forth in section 4, subsections (5), (6), and (9).
829	6.  Provisions regarding liens and foreclosures of liens
830	are set forth in section 4, subsection (14), paragraphs (f),
831	(g), (h), and (i); and subsections (15), (17), (18), and (19).
832	7.  Provisions regarding the use of tax deeds and tax
833	certificates as appropriate for non-ad valorem assessments are
834	set forth in section 4, subsection (8), paragraph (o);
835	subsection (14), paragraphs (b), (c), (d), (e), (f), (h), and
836	(i); and subsection (15).
837	8.  Provisions regarding contractual agreements are set
838	forth in section 4, subsection (8), paragraphs (c), (l), (p),
839	(r), and (s); and subsection (9), paragraphs (k), (o), (p), (s),
840	(t), (v), and (w).
841	(c)  Provisions for methods for establishing the district
842	are set forth in section 2, subsection (6), paragraph (j) and
843	this section and are effective as provided in section 6.
844	(d)  Provisions regarding methods for amending the charter
845	of the district are set forth in section 2 of subsection (7),
846	paragraph (c); subsection (4) of this section; and section 4 of
847	subsection (28).
848	(e)  Provisions regarding aspects of the governing board
849	are set forth as follows:
850	1.  Provisions regarding the membership of the governing
851	board are set forth in section 4, subsection (3), paragraph (b)
852	and subsection (4), paragraph (c).
853	2.  Provisions regarding the organization of the governing
854	board are set forth in section 4, subsection (3), paragraphs
855	(b)-(d) and subsection (4), paragraph (c).
856	3.  Provisions regarding the requirement of five board
857	members are set forth in section 4, subsection (3), paragraph
858	(b) and subsection (4), paragraph (c), subparagraph 1.
859	4.  Provisions regarding the quorum of the governing board
860	are set forth in section 4, subsection (3), paragraph (b) and
861	subsection (4), paragraph (c), subparagraph 1., sub-subparagraph
862	e.
863	(f)  Provisions regarding maximum compensation of each
864	board member are set forth in section 4, subsection (4),
865	paragraph (c), and in particular in subparagraph 1., sub-
866	subparagraph h.
867	(g)  Provisions regarding the administrative duties of the
868	governing board are set forth in section 4, subsections (5)-(8).
869	(h)  Provisions applicable to financial disclosure,
870	noticing, and reporting requirements for:
871	1.  Financial disclosure are set forth in section 4,
872	subsections (6) and (7).
873	2.  Voting are set forth in section 4, subsections (3) and
874	(4).
875	3.  Reporting requirements are set forth in section 4,
876	subsections (5)-(7) and (31).
877	(i)  Provisions regarding procedures and requirements for
878	issuing bonds are set forth in section 4, subsection (12),
879	paragraphs (a)-(q), and subsection (13).
880	(j)  Provisions regarding elections or referenda are:
881	1.  For procedures for elections, set forth in section 4,
882	subsections (3) and (4), and regarding referenda, set forth in
883	section 4, subsection (14), paragraph (a).
884	2.  For qualifications of an elector of the district, a
885	qualified elector, set forth in section 2, subsection (6),
886	paragraph (v) and section 4, subsection (3), paragraphs (b) and
887	(c).
888	3.  For referenda, set forth in section 4, subsection (4),
889	paragraph (b).
890	(k)  Provisions regarding methods for financing the
891	district are set forth generally in section 4, subsections (10),
892	(11), (14), (15), (16), (17), (18), and (19).
893	(l)  Other than taxes levied for the payment of bonds and
894	taxes levied for periods not longer than 2 years when authorized
895	by vote of the electors of the district, provisions for:
896	1.  The authority to levy ad valorem taxes are set forth in
897	section 4, subsection (3), paragraph (h) and subsection (14),
898	paragraph (a); and section 2, subsection (6), paragraph (aa),
899	subparagraph 1.
900	2.  The authorized millage rate are set forth in section 4,
901	subsection (14), paragraph (a).
902	(m)  Provisions for the method or methods of collecting
903	non-ad valorem assessments, fees, or service charges are:
904	1.  For collecting non-ad valorem assessments, set forth in
905	section 4, subsection (14), paragraphs (b), (c), (d), (e), (h)
906	and, (i), and subsection (15).
907	2.  For collecting fees and service charges, set forth in
908	section 4, subsection (22).
909	(n)  Provisions for planning requirements are as limited by
910	the provisions of section 2 and this section and as limited
911	further by section 4, subsections (8) and (9).
912	(o)  Provisions for geographic boundary limitations of the
913	district are set forth in subsections (2)-(4) of this section
914	and section 4, subsection (2).
915	(2)  CREATION AND ESTABLISHMENT.--The Grove Community
916	District is created and incorporated hereby as a public body,
917	corporate and politic, a political subdivision, an independent,
918	limited, special, and single-purpose local government, and an
919	independent special district under section 189.404, Florida
920	Statutes, and as defined in this act and in section 189.403(3),
921	Florida Statutes, in and for northeastern Okeechobee County. Any
922	amendments to chapter 190, Florida Statutes, after January 1,
923	2006, which grant additional general powers, special powers,
924	authorities, or projects to a community development district by
925	amendment to its uniform charter, sections 190.006-190.041,
926	Florida Statutes, shall constitute a general power, special
927	power, authority, or function of the Grove Community District,
928	except that as to any such additional powers, authorities, or
929	projects, this act shall control if there are any related
930	provisions in such additional powers, authorities, or projects
931	inconsistent with the provisions of this act. Because all
932	notices for the enactment by the Legislature of this special act
933	have been provided pursuant to the State Constitution, the laws
934	of Florida, and the rules of the House of Representatives and
935	the Senate, and because Okeechobee County is not a charter
936	county, no referendum subsequent to the effective date of this
937	act is required. The district, as created by this act, is
938	established on the property pursuant to sections 4(2) and 6.
939	(3)  TERRITORIAL BOUNDARIES.--The territorial boundary of
940	the district shall embrace and include, without reservation or
941	enclave, all of that certain real property described legally in
942	section 4(2).
943	(4)  JURISDICTION.--The jurisdiction of this district, in
944	the exercise of its general and special powers and in the
945	carrying out of its single, narrow, and special purpose, is
946	within the external boundaries of the district and
947	extraterritorially when authorized expressly by this act or
948	general law and subject to the limitations of law on the
949	applicable source of revenue granted by this act to finance the
950	exercise of district powers. This single-purpose district is
951	created for all public body corporate, politic, and local
952	government authority and power limited by the charter and
953	subject to the provisions of other general laws, including
954	expressly chapter 189, Florida Statutes, except that an
955	inconsistent provision in this act shall control and the
956	district has jurisdiction to perform such acts and exercise such
957	projects, functions, and powers as shall be necessary,
958	convenient, incidental, proper, or reasonable for the
959	implementation of its limited, single, and specialized purpose
960	regarding the sound planning, provision, acquisition,
961	development, operation, maintenance, and related financing of
962	those public systems, facilities, services, improvements,
963	projects, and infrastructure works as authorized herein
964	including those necessary and incidental thereto. Such
965	inconsistent provisions in chapter 189, Florida Statutes, are
966	sections 189.4042, 189.4045, 189.405, 189.4051, 189.408, and
967	189.423, Florida Statutes.
968	(5)  EXCLUSIVE CHARTER.--The charter of the Grove Community
969	District is this act and may be amended, terminated, or repealed
970	only by special act of the Legislature amending or repealing
971	this act.
972	Section 4.  Disposition of sections 2 and 3; legal
973	description; exclusive charter of the Grove Community
974	District.--
975	(1)  INCORPORATION AND DISPOSITION OF SECTIONS 2 AND
976	3.--Sections 2 and 3 of this act are incorporated herein and
977	made a part of this section. This act constitutes the exclusive
978	charter of the Grove Community District.
979	(2)  LEGAL DESCRIPTION.--The metes and bounds legal
980	description of the district, within which there are no enclaves
981	or parcels of property owned by those who do not wish their
982	property to be included within the district, is as follows:
983	METES AND BOUNDS DESCRIPTION
984	Grove Community District
985
986	LEGAL DESCRIPTION:
987	(OFFICIAL RECORDS BOOK 230, PAGE 571, PUBLIC RECORDS,
988	OKEECHOBEE COUNTY, FLORIDA)
989
990	ALL OF SECTIONS 1, 2, 3, 10, 11, 12, 13, 14, AND 15,
991	IN TOWNSHIP 34 SOUTH, RANGE 36 EAST, OKEECHOBEE
992	COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING
993	DESCRIBED LANDS:
994
995	BEGINNING AT A CONCRETE MONUMENT MARKING THE SOUTHEAST
996	CORNER OF SAID SECTION 13, RUN NORTH 89°26'05" WEST A
997	DISTANCE OF 5284.42 FEET TO AN IRON PIPE MARKING THE
998	SOUHWEST CORNER OF SAID SECTION 13; THENCE RUN SOUTH
999	89°42'28" WEST A DISTANCE OF 5114.05 FEET ALONG THE
1000	SOUTH LINE OF SECTION 14 TO AN IRON PIPE AT THE SW
1001	CORNER THEREOF; THENCE RUN NORTH 89°31'14" WEST ALONG
1002	THE SOUTH LINE OF SECTION 15 A DISTANCE OF 5302.02
1003	FEET TO A CONCRETE MONUMENT MARKING THE SOUTHWEST
1004	CORNER OF SAID SECTION 15; THENCE RUN NORTH 00°00'14"
1005	00°00'14" EAST ALONG THE WEST LINE OF SECTION 15 A
1006	DISTANCE OF 174.49 FEET; THENCE RUN SOUTH 89°12'07"
1007	89°12'07" EAST ALONG A FENCE LINE A DISTANCE OF
1008	5302.87 FEET TO A POINT WHICH IS 145 FEET NORTH OF THE
1009	SOUTHWEST CORNER OF SAID SECTION 14; THENCE RUN SOUTH
1010	00°12'46" WEST A DISTANCE OF 20.0 FEET; THENCE RUN
1011	NORTH 89°42'28" EAST ALONG A LINE LYING PARALLEL TO
1012	AND 125 FEET NORTH OF THE SOUTH LINE OF SECTION 14 A
1013	DISTANCE OF 5113.88 FEET TO A POINT WHICH IS 125 FEET
1014	NORTH OF THE SOUTHWEST CORNER OF SECTION 13; THENCE
1015	RUN SOUTH 89°26'05" EAST ALONG A LINE PARALLEL TO AND
1016	125 FEET NORTH OF THE SOUTH LINE OF SECTION 13 A
1017	DISTANCE OF 5149.10 FEET TO A POINT WHICH IS 135 FEET
1018	WEST AND 125 FEET NORTH OF THE SOUTHEAST CORNER OF
1019	SECTION 13; THENCE RUN NORTH 00°00'22" WEST A DISTANCE
1020	OF 100 FEET; THENCE RUN SOUTH 89°26'05" EAST A
1021	DISTANCE OF 135 FEET TO THE EAST LINE OF SAID SECTION
1022	13; THENCE RUN SOUTH 00°00'22" EAST A DISTANCE OF 225
1023	FEET TO THE POINT OF BEGINNING AT THE SOUTHEAST CORNER
1024	OF SECTION 13, TOWNSHIP 34 SOUTH, RANGE 36 EAST,
1025	OKEECHOBEE COUNTY, FLORIDA, CONTAINING 5683.29 ACRES,
1026	MORE OR LESS.
1027
1028	(3)  BOARD; MEMBERS AND MEETINGS; ORGANIZATION; POWERS;
1029	DUTIES; TERMS OF OFFICE; RELATED ELECTION REQUIREMENTS.--
1030	(a)  The board shall exercise the powers granted to the
1031	district pursuant to this act in order to implement its
1032	specialized single purpose.
1033	(b)  There is created the Board of Supervisors of the Grove
1034	Community District, which is the governing board and body of the
1035	district. Except as otherwise provided herein, each member shall
1036	hold office for a term of 4 years and until his or her successor
1037	is chosen and qualifies. There shall be five members of the
1038	board who shall, in order to be eligible, be residents of the
1039	state and citizens of the United States. Three members shall
1040	constitute a quorum.
1041	(c)  Within 45 days after the effective date of this act, a
1042	specially noticed meeting of the landowners of the district
1043	shall be held for the purpose of electing the members to the
1044	first board as herein provided. Notice of such special meeting
1045	of the landowners shall be given by causing publication thereof
1046	to be made once a week for 2 consecutive weeks prior to such
1047	meeting in a newspaper of general paid subscription and
1048	circulation in Okeechobee County, the last day of such
1049	publication not to be fewer than 14 or more than 28 days before
1050	the day of the election. Such special meeting of the landowners
1051	shall be held in a public place in Okeechobee County, and the
1052	place, date, and hour of holding such meeting and the purpose
1053	thereof shall be stated expressly in the notice. The landowners,
1054	when assembled, shall organize by electing a chair who shall
1055	preside at the meeting of the landowners and a secretary who
1056	shall record the proceedings. At such meeting, for the election
1057	of each person to be elected, each and every acre of land, or
1058	any fraction thereof, within the boundary of the district shall
1059	represent one vote and each owner of that acre or fraction
1060	thereof shall be entitled to one vote for every such acre or
1061	fraction thereof. Persons who qualify to serve as board members
1062	shall be nominated at the noticed meeting and prior to the
1063	initial election at the noticed meeting. A landowner may vote in
1064	person or by proxy in writing.
1065	(d)  At the landowners' meeting for the election of the
1066	members of the board on a one-acre, one-vote basis, the two
1067	candidates receiving the highest number of votes shall be
1068	elected for terms expiring November 30, 2008, and the three
1069	candidates receiving the next highest number of votes shall be
1070	elected for terms expiring November 30, 2010. The members of the
1071	first board elected by the landowners shall serve their
1072	respective 4-year or 2-year terms; however, the next election by
1073	the landowners shall be held on the first Tuesday in November
1074	2008 to elect members to fill those vacancies to 4-year terms.
1075	Thereafter, there shall be an election of supervisors for the
1076	district every 2 years in November on a date established by the
1077	board and noticed pursuant to paragraph (c).
1078	(e)  The landowners present at the meeting shall constitute
1079	a quorum.
1080	(f)  All vacancies or expirations on the board shall be
1081	filled as provided by this act.
1082	(g)  In case of a vacancy in the office of any member of
1083	the board, the remaining members of the board shall by majority
1084	vote elect a person to serve as a member of the board for the
1085	unexpired portion of the term.
1086	(h)  If the board proposes to exercise its limited ad
1087	valorem taxing power as provided elsewhere in this charter, the
1088	provisions of section 4(14)(a) shall apply.
1089	(4)  ELECTION; POPULAR ELECTIONS, REFERENDUM; DESIGNATION
1090	OF URBAN AREAS.--
1091	(a)  Elections of the members of the board shall be
1092	conducted on a one-acre, one-vote basis as provided in paragraph
1093	(3)(c), until and unless the provisions of paragraph (b) apply.
1094	When applicable and required, the appropriate provisions of
1095	section 189.405, Florida Statutes, apply.
1096	(b)  A referendum shall be called by the board, each member
1097	elected on a one-acre, one-vote basis, on the question of
1098	whether certain members of the board should be elected by
1099	qualified electors, providing each of the following conditions
1100	has been satisfied at least 60 days prior to the general or
1101	special election at which the referendum is to be held:
1102	1.  The district has at least 500 qualified electors based
1103	on the most recent state population estimate.
1104	2.  A petition signed by 10 percent of the qualified
1105	electors of the district has been filed with the board. The
1106	petition shall be submitted to the Supervisor of Elections of
1107	Okeechobee County who shall, within 30 days after receipt of the
1108	petition, certify to the board the percentage of signatures of
1109	qualified electors contained in the petition.
1110	(c)  Upon verification by the supervisor of elections that
1111	10 percent of the qualified electors of the district have
1112	petitioned the board, a referendum election shall be called by
1113	the board at the next regularly scheduled election of governing
1114	board members occurring at least 60 days after verification.
1115	(d)  If the qualified electors approve the election
1116	procedure described in this section, the governing board of the
1117	district shall remain five members and elections shall be held
1118	pursuant to the criteria described in this paragraph, beginning
1119	with the next regularly scheduled election of governing board
1120	members or at a special election called within 6 months after
1121	the referendum and final unappealed approval of district urban
1122	area maps as provided in this section, whichever is earlier.
1123	(e)  If the qualified electors of the district reject the
1124	election procedure described in this section, elections of the
1125	members of the board shall continue as described in this act on
1126	a one-acre, one-vote basis. No further referendum on the
1127	question shall be held for a minimum period of 2 years after the
1128	referendum.
1129	(f)  Within 30 days after approval of the election process
1130	described in this section by qualified electors of the district,
1131	the board shall direct the district staff to prepare and to
1132	present maps of the district describing the extent and location
1133	of all urban areas within the district. Such determination shall
1134	be based upon the criteria contained in the definition of urban
1135	area in this act.
1136	(g)  Within 60 days after approval of the election process
1137	described in this subsection by qualified electors of the
1138	district, the maps describing urban areas within the district
1139	shall be presented to the board.
1140	(h)  Any district landowner or elector may contest the
1141	accuracy of the urban area maps prepared by the staff of the
1142	district within 30 days after submission to the board. Upon
1143	notice of objection to the maps, the governing board shall
1144	request the county engineer to prepare and present maps of the
1145	district describing the extent and location of all urban areas
1146	within the district. Such determination shall be based limitedly
1147	and exclusively upon the criteria contained in the definition in
1148	this act of urban area. Within 30 days after the governing board
1149	requests, the county engineer shall present the maps to the
1150	governing board.
1151	(i)  Upon presentation of the maps by the county engineer,
1152	the governing board shall compare the maps submitted by both the
1153	district staff and the county engineer and make a determination
1154	as to which set of maps to adopt. Within 60 days after
1155	presentation of all such maps, the governing board may amend and
1156	shall adopt the official maps at a regularly scheduled board
1157	meeting.
1158	(j)  Any district landowner or qualified elector may
1159	contest the accuracy of the urban area maps adopted by the board
1160	after adoption in accordance with the provision for judicial
1161	review as provided in the Administrative Procedure Act. Accuracy
1162	shall be determined pursuant to the definition of urban area in
1163	section 2(6)(bb).
1164	(k)  Upon adoption by the board or certification by the
1165	court, the district urban area maps shall serve as the official
1166	maps for determination of the extent of urban area within the
1167	district and the number of members of the board to be elected by
1168	qualified electors and by one-acre, one-vote at the next
1169	regularly scheduled election of governing board members.
1170	(l)  Upon a determination of the percentage of urban area
1171	within the district as compared with total area within the
1172	district, the governing board shall determine the number of
1173	electors in accordance with the percentages pursuant to this
1174	paragraph. The landowners' meeting date shall be designated by
1175	the board.
1176	(m)  The map shall be updated and readopted every 5 years
1177	or sooner at the discretion of the board.
1178	(n)1.  The five members of the governing board of the
1179	district shall be elected in accordance with the following
1180	determinations of urban area:
1181	a.  If urban areas constitute 25 percent or less of the
1182	district, one governing board member shall be elected by the
1183	qualified electors and four governing board members shall be
1184	elected in accordance with the one-acre, one-vote principle
1185	contained within subsection (3).
1186	b.  If urban areas constitute more than 25 percent but less
1187	than 50 percent of the district, two governing board members
1188	shall be elected by the qualified electors and three governing
1189	board members shall be elected in accordance with the one-acre,
1190	one-vote principle contained in subsection (3).
1191	c.  If urban areas constitute at least 50 percent but less
1192	than 70 percent of the district, three governing board members
1193	shall be elected by the qualified electors and two governing
1194	board members shall be elected in accordance with the one-acre,
1195	one-vote principle contained in subsection (3).
1196	d.  If urban areas constitute at least 70 percent but less
1197	than 90 percent of the district, four governing board members
1198	shall be elected by the qualified electors and one governing
1199	board member shall be elected in accordance with the one-acre,
1200	one-vote principle contained in subsection (3).
1201	e.  If urban areas constitute at least 90 percent or more
1202	of the district, all governing board members shall be elected by
1203	the qualified electors.
1204	2.  All members of the board, regardless of how elected,
1205	shall be public officers, known as supervisors, and, upon
1206	entering into office, shall take and subscribe to the oath of
1207	office as prescribed by section 876.05, Florida Statutes. All
1208	members of the board, regardless of how elected, and regardless
1209	of whether they are qualified electors themselves, shall be
1210	public officials and subject to ethics and conflict of interest
1211	laws of the state that apply to all public officers. They shall
1212	hold office for the terms for which they were elected and until
1213	their successors are chosen and qualified.
1214	3.  Any elected member of the board may be removed by the
1215	Governor for malfeasance, misfeasance, dishonesty, incompetency,
1216	or failure to perform the duties imposed upon him or her by this
1217	act. Any vacancies which may occur in such office shall be
1218	filled by the Governor, as soon as practicable, unless filled by
1219	the board as provided in this act.
1220	4.  All governing board members elected by qualified
1221	electors shall be qualified electors elected at large.
1222	Candidates seeking election as qualified electors shall conduct
1223	their campaigns in accordance with the provisions of chapter
1224	106, Florida Statutes, and shall file petitions as required in
1225	section 99.021, Florida Statutes, and take the oath therein
1226	prescribed.
1227	5.  All governing board members elected by qualified
1228	electors shall have a term of 4 years each except for governing
1229	board members elected at the first election and the first
1230	landowners' meeting following the referendum prescribed in
1231	paragraph (b). Governing board members elected at the first
1232	election and the first landowners' meeting following the
1233	referendum shall serve as follows:
1234	a.  If one governing board member is elected by the
1235	qualified electors and four are elected on a one-acre, one-vote
1236	basis, the governing board members elected by the qualified
1237	electors shall be elected for a term of 4 years each. Governing
1238	board members elected on a one-acre, one-vote basis shall be
1239	elected for terms as prescribed by subsection (3).
1240	b.  If two governing board members are elected by the
1241	qualified electors and three are elected on a one-acre, one-vote
1242	basis, the governing board members elected by the qualified
1243	electors shall be elected for a term period of 4 years each.
1244	Governing board members elected on a one-acre, one-vote basis
1245	shall be elected for terms of 1, 2, and 3 years, respectively,
1246	as prescribed by subsection (3).
1247	c.  If three governing board members are elected by the
1248	qualified electors and two are elected on a one-acre, one-vote
1249	basis, two of the governing board members elected by the
1250	qualified electors shall be elected for a term of 4 years and
1251	the other governing board member elected by the electors shall
1252	be elected for a term of 2 years. Governing board members
1253	elected on a one-acre, one-vote basis shall be elected for
1254	periods of 1 year and 2 years, respectively, as prescribed by
1255	subsection (3).
1256	d.  If four governing board members are elected by the
1257	qualified electors and one is elected on a one-acre, one-vote
1258	basis, two of the governing board members elected by the
1259	electors shall be elected for terms of 2 years each and the
1260	other two for term of 4 years each. The governing board member
1261	elected on a one-acre, one-vote basis shall be elected for a
1262	term of 1 year as prescribed by subsection (3).
1263	e.  If five governing board members are elected by the
1264	qualified electors, three shall be elected for terms of 4 years
1265	each and two for terms of 2 years each.
1266	6.  If any vacancy occurs in a seat occupied by a governing
1267	board member elected by the qualified electors, the remaining
1268	members of the governing board shall, within 45 days after the
1269	vacancy occurs, appoint a person who would be eligible to hold
1270	the office for the unexpired term.
1271	7.  Each and every election by qualified electors of
1272	members of the board pursuant to this act shall be conducted in
1273	the manner and at a time prescribed by law for holding general
1274	elections or prescribed by the Supervisor of Elections in and
1275	for the Okeechobee County political subdivision.
1276	8.a.  An annual landowners' meeting shall be held pursuant
1277	to subsection (3) and at least one governing board member shall
1278	be elected on a one-acre, one-vote basis pursuant to subsection
1279	(3) for so long as 10 percent or more of the district is not
1280	contained in an urban area. In the event all district governing
1281	board members are elected by qualified electors, there shall be
1282	no further landowners' meetings.
1283	b.  At any landowners' meeting called pursuant to this
1284	section, 50 percent of the district acreage shall not be
1285	required to constitute a quorum and each governing board member
1286	shall be elected by a majority of the acreage represented either
1287	by owner or proxy present and voting at said meeting.
1288	c.  All landowners' meetings of districts operating
1289	pursuant to this section shall be set by the board within the
1290	month preceding the month of the election of the governing board
1291	members by the electors.
1292	d.  Vacancies on the board shall be filled pursuant to
1293	subsection (3) and this subsection except as otherwise provided
1294	in this section.
1295	9.  Three board members shall constitute a quorum for the
1296	purpose of conducting its business and exercising its powers and
1297	for all other related purposes. Action taken by the board
1298	members present shall be upon a vote of the majority of the
1299	members present, unless general law or rule of the district
1300	subsequently promulgated requires a greater number.
1301	10.  As soon as practicable after each election or
1302	appointment, the board shall elect one of its members as chair,
1303	elect a secretary who need not be a member of the board, and
1304	elect such other officers as the board may deem necessary.
1305	11.  The board shall keep a permanent record book entitled
1306	"Record of Proceedings of Grove Community District," in which
1307	shall be recorded minutes of all meetings, resolutions,
1308	proceedings, certificates, bonds given by all employees, and any
1309	and all corporate acts. The record book shall at reasonable
1310	times be opened to inspection in the same manner as state,
1311	county, and municipal records pursuant to chapter 119, Florida
1312	Statutes. The record book shall be kept at the office or other
1313	regular place of business maintained by the board within
1314	Okeechobee County.
1315	12.  Each supervisor shall be entitled to receive for his
1316	or her services an amount not to exceed $200 per meeting of the
1317	board, not to exceed $4,800 per year per supervisor, or an
1318	amount established by the electors at referendum. In addition,
1319	each supervisor shall receive travel and per diem expenses as
1320	set forth in section 112.061, Florida Statutes.
1321	13.  All meetings of the board shall be open to the public
1322	and governed by the provisions of chapter 286, Florida Statutes.
1323	(o)  The members of the board, whether elected on a one-
1324	acre, one-vote basis or a qualified-elector basis, shall
1325	constitute the members of the governing board of the district
1326	subject to the requirements of this act.
1327	(5)  BOARD OF SUPERVISORS; GENERAL DUTIES.--
1328	(a)  The board shall employ and fix the compensation of a
1329	district manager. The district manager shall have charge and
1330	supervision of the works of the district and shall be
1331	responsible for preserving and maintaining any improvement or
1332	facility constructed or erected pursuant to the provisions of
1333	this act, for maintaining and operating the equipment owned by
1334	the district, and for performing such other duties as may be
1335	prescribed by the board. It shall not be a conflict of interest
1336	under chapter 112, Florida Statutes, for a board member or the
1337	district manager or another employee of the district to be a
1338	stockholder, officer, or employee of a landowner. The district
1339	manager may hire or otherwise employ and terminate the
1340	employment of such other persons, including, without limitation,
1341	professional, supervisory, and clerical employees, as may be
1342	necessary and authorized by the board. The compensation and
1343	other conditions of employment of the officers and employees of
1344	the district shall be as provided by the board.
1345	(b)  The board shall designate a person who is a resident
1346	of the state as treasurer of the district, who shall have charge
1347	of the funds of the district. Such funds shall be disbursed only
1348	upon the order, or pursuant to the resolution, of the board by
1349	warrant or check countersigned by the treasurer and by such
1350	other person as may be authorized by the board. The board may
1351	give the treasurer such other or additional powers and duties as
1352	the board may deem appropriate and may fix his or her
1353	compensation. The board may require the treasurer to give a bond
1354	in such amount, on such terms, and with such sureties as may be
1355	deemed satisfactory to the board to secure the performance by
1356	the treasurer of his or her powers and duties. The financial
1357	records of the board shall be audited by an independent
1358	certified public accountant at least once a year.
1359	(c)  The board is authorized to select as a depository for
1360	its funds any qualified public depository as defined in section
1361	280.02, Florida Statutes, which meets all the requirements of
1362	chapter 280, Florida Statutes, and has been designated by the
1363	treasurer as a qualified public depository, upon such terms and
1364	conditions as to the payment of interest by such depository upon
1365	the funds so deposited as the board may deem just and
1366	reasonable.
1367	(6)  BUDGET; REPORTS AND REVIEWS.--
1368	(a)  The district shall provide financial reports in such
1369	form and such manner as prescribed pursuant to this act and
1370	chapter 218, Florida Statutes.
1371	(b)  On or before each July 15, the district manager shall
1372	prepare a proposed budget for the ensuing fiscal year to be
1373	submitted to the board for board approval. The proposed budget
1374	shall include at the direction of the board an estimate of all
1375	necessary expenditures of the district for the ensuing fiscal
1376	year and an estimate of income to the district from the taxes
1377	and assessments provided in this act. The board shall consider
1378	the proposed budget item by item and may either approve the
1379	budget as proposed by the district manager or modify the same in
1380	part or in whole. The board shall indicate its approval of the
1381	budget by resolution, which resolution shall provide for a
1382	hearing on the budget as approved. Notice of the hearing on the
1383	budget shall be published in a newspaper of general circulation
1384	in the area of the district once a week for 2 consecutive weeks,
1385	except that the first publication shall be not fewer than 15
1386	days prior to the date of the hearing. The notice shall further
1387	contain a designation of the day, time, and place of the public
1388	hearing. At the time and place designated in the notice, the
1389	board shall hear all objections to the budget as proposed and
1390	may make such changes as the board deems necessary. At the
1391	conclusion of the budget hearing, the board shall, by
1392	resolution, adopt the budget as finally approved by the board.
1393	The budget shall be adopted prior to October 1 of each year.
1394	(c)  At least 60 days prior to adoption, the board shall
1395	submit to the Okeechobee County Board of County Commissioners,
1396	for purposes of disclosure and information only, the proposed
1397	annual budget for the ensuing fiscal year, and the board of
1398	county commissioners may submit written comments to the board
1399	solely for the assistance and information of the board of the
1400	district in adopting its annual district budget.
1401	(d)  The board shall submit annually, to the Board of
1402	County Commissioners of Okeechobee County, its district public
1403	facilities report under section 189.415(2), Florida Statutes,
1404	addressing specifically short-term and long-term innovative
1405	systems, facilities, and services consistent with the unique
1406	nature of the new community. The Board of County Commissioners
1407	of Okeechobee County shall use and rely on the district public
1408	facilities report in the preparation or revision of the
1409	Okeechobee County Comprehensive Plan specifically under section
1410	189.415(6), Florida Statutes.
1411	(7)  DISCLOSURE OF PUBLIC FINANCING.--The district shall
1412	take affirmative steps to provide for the full disclosure of
1413	information relating to the public financing and maintenance of
1414	improvements to real property undertaken by the district. Such
1415	information shall be made available to all current residents,
1416	and to all prospective residents, of the district. The district
1417	shall furnish each developer of a residential development within
1418	the district with sufficient copies of that information to
1419	provide each prospective initial purchaser of property in that
1420	development with a copy, and any developer of a residential
1421	development within the district, when required by law to provide
1422	a public offering statement, shall include a copy of such
1423	information relating to the public financing and maintenance of
1424	improvements in the public offering statement. The Division of
1425	Florida Land Sales, Condominiums, and Mobile Homes of the
1426	Department of Business and Professional Regulation shall ensure
1427	that disclosures are made by developers pursuant to chapter 498,
1428	Florida Statutes.
1429	(8)  GENERAL POWERS.--The district shall have, and the
1430	board may exercise, the following general powers:
1431	(a)  To sue and be sued in the name of the district; to
1432	adopt and use a seal and authorize the use of a facsimile
1433	thereof; to acquire by purchase, gift, devise, or otherwise, and
1434	to dispose of, real and personal property or any estate therein;
1435	and to make and execute contracts and other instruments
1436	necessary or convenient to the exercise of its powers.
1437	(b)  To apply for coverage of its employees under the state
1438	retirement system in the same manner as if such employees were
1439	state employees, subject to necessary action by the district to
1440	pay employer contributions into the state retirement fund.
1441	(c)  To contract for the services of consultants to perform
1442	planning, engineering, legal, or other appropriate services of a
1443	professional nature. Such contracts shall be subject to public
1444	bidding or competitive negotiation requirements as set forth in
1445	section 4(21).
1446	(d)  To borrow money and accept gifts; to apply for and use
1447	grants or loans of money or other property from the United
1448	States, the state, a unit of local government, or any person for
1449	any district purposes and enter into agreements required in
1450	connection therewith; and to hold, use, and dispose of such
1451	moneys or property for any district purposes in accordance with
1452	the terms of the gift, grant, loan, or agreement relating
1453	thereto.
1454	(e)  To adopt rules and orders pursuant to the provisions
1455	of chapter 120, Florida Statutes, prescribing the powers,
1456	duties, and functions of the officers of the district; the
1457	conduct of the business of the district; the maintenance of
1458	records; and the form of certificates evidencing tax liens and
1459	all other documents and records of the district. The board may
1460	also adopt administrative rules with respect to any of the
1461	projects of the district and define the area to be included
1462	therein. The board may also adopt resolutions which may be
1463	necessary for the conduct of district business.
1464	(f)  To maintain an office at such place or places as the
1465	board designates in Okeechobee County and within the district
1466	when facilities are available.
1467	(g)  To hold, control, and acquire by donation, purchase,
1468	or condemnation, and to dispose of, any public easements,
1469	dedications to public use, platted reservations for public
1470	purposes, or any reservations for those purposes authorized by
1471	this act other than public easements conveyed to or accepted by
1472	Okeechobee County and to make use of such easements,
1473	dedications, or reservations for the purpose mandated by this
1474	act.
1475	(h)  To lease as lessor or lessee to or from any person,
1476	firm, corporation, association, or body, public or private, any
1477	projects of the type that the district is authorized to
1478	undertake and facilities or property of any nature for the use
1479	of the district to carry out the purposes mandated by this act.
1480	(i)  To borrow money and issue bonds, certificates,
1481	warrants, notes, or other evidences of indebtedness as
1482	hereinafter provided; to levy such tax and assessments as may be
1483	authorized; and to charge, collect, and enforce fees and other
1484	user charges subject as applicable to section 4(10)-(13).
1485	(j)  To raise, by user charges or fees authorized by
1486	resolution of the board, amounts of money which are necessary
1487	for the conduct of the district activities and services and to
1488	enforce their receipt and collection in the manner prescribed by
1489	resolution not inconsistent with law.
1490	(k)  To exercise within the district, or beyond the
1491	district with prior approval by majority vote of a resolution of
1492	the governing body of the county if the taking will occur in an
1493	unincorporated area, the right and power of eminent domain,
1494	pursuant to the provisions of chapters 73 and 74, Florida
1495	Statutes, over any property within the state, except municipal,
1496	county, state, and federal property, for the uses and purpose of
1497	the district relating solely to water, sewer, district roads,
1498	and water management, specifically including, without
1499	limitation, the power for the taking of easements for the
1500	drainage of the land of one person over and through the land of
1501	another.
1502	(l)  To cooperate with, or contract with, other
1503	governmental agencies as may be necessary, convenient,
1504	incidental, or proper in connection with any of the powers,
1505	duties, or purposes authorized by this act.
1506	(m)  To assess and impose upon lands in the district ad
1507	valorem taxes as provided and limited by this act.
1508	(n)  If and when authorized by general law, to determine,
1509	order, levy, impose, collect, and enforce maintenance taxes.
1510	(o)  To determine, order, levy, impose, collect, and
1511	enforce assessments pursuant to this act, which sets forth a
1512	detailed uniform procedure to implement chapter 170, Florida
1513	Statutes, and as an alternative to determine, order, levy,
1514	impose, collect, and enforce assessments under and pursuant to
1515	chapter 170, Florida Statutes, pursuant to authority granted in
1516	section 197.3631, Florida Statutes, or pursuant to other
1517	provisions of general law, now or hereinafter enacted, which
1518	provide or authorize a supplemental means to impose, levy, and
1519	collect special assessments. Such special assessments, in the
1520	discretion of the district, as provided in section 197.3631,
1521	Florida Statutes, may be collected and enforced pursuant to the
1522	provisions of sections 197.3632 and 197.3635, Florida Statutes,
1523	and chapters 170 and 173, Florida Statutes, or as provided by
1524	this act.
1525	(p)  To exercise such special powers and other express
1526	powers as may be authorized and granted by this act in the
1527	charter of the district, including powers as provided in any
1528	interlocal agreement entered into pursuant to chapter 163,
1529	Florida Statutes, or which shall be required or permitted to be
1530	undertaken by the district pursuant to any development order or
1531	development of regional impact, including any interlocal service
1532	agreement with Okeechobee County for fair-share capital
1533	construction funding for any capital facilities or systems
1534	required of the developer pursuant to any applicable development
1535	order or agreement.
1536	(q)  To exercise all of the powers necessary, convenient,
1537	incidental, or proper in connection with any other powers or
1538	duties or the single purpose of the district authorized by this
1539	act.
1540
1541	The provisions of this subsection shall be construed liberally
1542	in order to carry out effectively the single specialized purpose
1543	of this act and to secure for the district its ability to be
1544	innovative.
1545	(9)  SPECIAL POWERS.--The district shall have the following
1546	special powers to implement its lawful, single, and special
1547	purpose and to provide pursuant to that purpose basic systems,
1548	facilities, services, improvements, projects, works, and
1549	infrastructure in the new community, each of which constitutes a
1550	lawful public purpose when exercised pursuant to this charter,
1551	subject to, and not inconsistent with, the regulatory
1552	jurisdiction and permitting authority of all other applicable
1553	governmental bodies, agencies, and any special districts having
1554	authority with respect to any area included therein, and to
1555	plan, establish, acquire, construct or reconstruct, enlarge or
1556	extend, equip, operate, finance, fund, and maintain
1557	improvements, systems, facilities, services, works, projects,
1558	and infrastructure any or all of the following special powers
1559	granted by this act in order to implement the special
1560	requirements of this new community within the single special
1561	purpose of the district:
1562	(a)  To provide for water management and control for the
1563	lands within the district and to connect some or any of such
1564	facilities with roads and bridges. In the event that the board
1565	assumes the responsibility for providing water management and
1566	control for the district which is to be financed by benefit
1567	special assessments, the board shall adapt plans and assessments
1568	pursuant to law or may adopt water management and control plans,
1569	assess for benefits, and apportion and levy special assessments
1570	as follows:
1571	1.  The board shall cause to be made by the district's
1572	engineer, or such other engineer or engineers as the board may
1573	employ for that purpose, complete and comprehensive water
1574	management and control plans for the lands located within the
1575	district that will be improved in part or in whole by any system
1576	of facilities that may be outlined and adopted, and the engineer
1577	shall make a report in writing to the board with maps and
1578	profiles of said surveys and an estimate of the cost of carrying
1579	out and completing the plans.
1580	2.  Upon the completion of such plans, the board shall hold
1581	a hearing thereon to hear objections thereto, shall give notice
1582	of the time and place fixed for such hearing by publication once
1583	each week for 2 consecutive weeks in a newspaper of general
1584	circulation in the general area of the district, and shall
1585	permit the inspection of the plan at the office of the district
1586	by all persons interested. All objections to the plan shall be
1587	filed at or before the time fixed in the notice for the hearing
1588	and shall be in writing.
1589	3.  After the hearing, the board shall consider the
1590	proposed plan and any objections thereto and may modify, reject,
1591	or adopt the plan or continue the hearing to a day certain for
1592	further consideration of the proposed plan or modifications
1593	thereof.
1594	4.  When the board approves a plan, a resolution shall be
1595	adopted and a certified copy thereof shall be filed in the
1596	office of the secretary and incorporated by him or her into the
1597	records of the district.
1598	5.  The water management and control plan may be altered in
1599	detail from time to time until the appraisal record herein
1600	provided is filed, but not in such manner as to affect
1601	materially the conditions of its adoption. After the appraisal
1602	record has been filed, no alteration of the plan shall be made,
1603	except as provided by this act.
1604	6.  Within 20 days after the final adoption of the plan by
1605	the board, the board shall proceed pursuant to section 298.301,
1606	Florida Statutes.
1607	(b)  To provide for water supply, sewer, and wastewater
1608	management, reclamation, and reuse or any combination thereof
1609	and any irrigation systems, facilities, and services; to
1610	construct and operate connecting intercepting or outlet sewers
1611	and sewer mains and pipes and water mains, conduits, or
1612	pipelines in, along, and under any street, alley, highway, or
1613	other public place or way; and to dispose of any effluent,
1614	residue, or other byproducts of such system or sewer system.
1615	1.  The district may not purchase or sell a water, sewer,
1616	or wastewater reuse utility that provides service to the public
1617	for compensation, or enter into a wastewater facility
1618	privatization contract for a wastewater facility, until the
1619	governing body of the new community district has held a public
1620	hearing on the purchase, sale, or wastewater facility
1621	privatization contract and made a determination that the
1622	purchase, sale, or wastewater facility privatization contract is
1623	in the public interest.
1624	2.  In determining if the purchase, sale, or wastewater
1625	facility privatization contract is in the public interest, the
1626	district shall consider, at a minimum, the following:
1627	a.  The most recent available income and expense statement
1628	for the utility.
1629	b.  The most recent available balance sheet for the
1630	utility, listing assets and liabilities and clearly showing the
1631	amount of contributions in aid of construction and the
1632	accumulated depreciation thereon.
1633	c.  A statement of the existing rate base of the utility
1634	for regulatory purposes.
1635	d.  The physical condition of the utility facilities being
1636	purchased, sold, or subject to a wastewater facility
1637	privatization contract.
1638	e.  The reasonableness of the purchase, sale, or wastewater
1639	facility privatization contract price and terms.
1640	f.  The impacts of the purchase, sale, or wastewater
1641	facility privatization contract on utility customers, both
1642	positive and negative.
1643	g.  Any additional investment required and the ability and
1644	willingness of the purchaser or the private firm under a
1645	wastewater facility privatization contract to make that
1646	investment, whether the purchaser is the district or the entity
1647	purchasing the utility from the district.
1648	h.  In the case of a wastewater facility privatization
1649	contract, the terms and conditions on which the private firm
1650	will provide capital investment and financing or a combination
1651	thereof for contemplated capital replacements, additions,
1652	expansions, and repairs. The district shall give significant
1653	weight to this criterion.
1654	i.  The alternatives to the purchase, sale, or wastewater
1655	facility privatization contract and the potential impact on
1656	utility customers if the purchase, sale, or wastewater facility
1657	privatization contract is not made.
1658	j.  The ability of the purchaser or the private firm under
1659	a wastewater facility privatization contract to provide and
1660	maintain high-quality and cost-effective utility service,
1661	whether the purchaser is the district or the entity purchasing
1662	the utility from the district.
1663	k.  In the case of a wastewater facility privatization
1664	contract, the technical expertise and experience of the private
1665	firm in carrying out the obligations specified in the wastewater
1666	facility privatization contract. The district shall give
1667	significant weight to this criterion.
1668	3.  All moneys paid by a private firm to a district
1669	pursuant to a wastewater facility privatization contract shall
1670	be used for the purpose of reducing or offsetting property
1671	taxes, wastewater service rates, or debt reduction or making
1672	infrastructure improvements or capital asset expenditures or
1673	other public purpose; however, nothing herein shall preclude the
1674	district from using all or part of the moneys for the purpose of
1675	the district's qualification for relief from the repayment of
1676	federal grant awards associated with the wastewater system as
1677	may be required by federal law or regulation. The district shall
1678	prepare a statement showing that the purchase, sale, or
1679	wastewater facility privatization contract is in the public
1680	interest, including a summary of the purchaser's or private
1681	firm's experience in water, sewer, or wastewater reuse utility
1682	operation and a showing of financial ability to provide the
1683	service, whether the purchaser or private firm is the district
1684	or the entity purchasing the utility from the district.
1685	(c)  To provide for bridges or culverts that may be needed
1686	across any drain, ditch, canal, floodway, holding basin,
1687	excavation, public highway, tract, grade, fill, or cut and
1688	roadways over levees and embankments, and to construct any and
1689	all of such works and improvements across, through, or over any
1690	public right-of-way, highway, grade, fill, or cut.
1691	(d)  To provide for district roads equal to or exceeding
1692	the specifications of the county in which such district roads
1693	are located, and streetlights, including conditions of
1694	development approval which sometimes may be different
1695	specifications than the normal specifications of the county.
1696	This special power includes construction, improvement, pavement,
1697	and maintenance of roadways and roads necessary and convenient
1698	for the exercise of the powers or duties of the district to:
1699	1.  Implement its single purpose.
1700	2.  Include as a component thereof roads, parkways,
1701	bridges, landscaping, irrigation, bicycle and jogging paths,
1702	street lighting, traffic signals, road striping, and all other
1703	customary elements of a modern road system in general or as tied
1704	to the conditions of development approval for the specific
1705	district.
1706	3.  Plan, implement, construct or reconstruct, enlarge or
1707	extend, finance, fund, equip, operate, and maintain parking
1708	facilities freestanding or as may be related to any innovative
1709	strategic intermodal system of transportation pursuant to
1710	applicable federal, state, and local laws and ordinances.
1711	(e)  To provide for buses, trolleys, transit shelters,
1712	ride-sharing facilities and services, parking improvements, and
1713	related signage.
1714	(f)  To cover investigation and remediation costs
1715	associated with the cleanup of actual or perceived environmental
1716	contamination within the district under the supervision or
1717	direction of a competent governmental authority unless the
1718	covered costs benefit any person who is a landowner within the
1719	district who caused or contributed to the contamination.
1720	(g)  To provide for conservation areas, mitigation areas,
1721	and wildlife habitat, including the maintenance of any plant or
1722	animal species, and any related interest in real or personal
1723	property.
1724	(h)  Using its general and special powers as set forth in
1725	this act, to provide for any other project within or without the
1726	boundaries of a district when the project is the subject of an
1727	agreement between the district and the Board of County
1728	Commissioners of Okeechobee County or with any applicable other
1729	public or private entity, including a homeowner association, and
1730	is not inconsistent with the Okeechobee County Comprehensive
1731	Plan and the Growth Management act which implement the single
1732	special purpose of the district.
1733	(i)  To provide for parks and facilities for indoor and
1734	outdoor recreational, cultural, and educational uses.
1735	(j)  To provide for fire prevention and control, including
1736	fire stations and buildings, water mains and plugs, fire trucks,
1737	and other vehicles and equipment, and for emergency medical
1738	services, including stations and buildings, vehicles, and
1739	equipment.
1740	(k)  To provide for school buildings and related
1741	structures, which may be leased, sold, or donated to the school
1742	district, for use in the educational system when authorized by
1743	the district school board. The district is granted the special
1744	power to contract with the Okeechobee County School Board and,
1745	as applicable, the Board of County Commissioners of Okeechobee
1746	County, and with the applicable landowner developer of the lands
1747	within the jurisdiction of the district, to assess the school
1748	district educational facilities plan, and to implement a
1749	management and financing plan for timely construction,
1750	maintenance, and acquisition, at the option of the district, of
1751	school facilities, including facilities identified in the
1752	facilities work programs or those proposed by charter schools.
1753	The district is granted the special power to determine, order,
1754	levy, impose, collect, or arrange for the collection and
1755	enforcement of assessments, as defined in and pursuant to this
1756	act, for such school facilities. The district is eligible for
1757	the financial enhancements available to educational facility
1758	benefit districts to provide for financing the construction and
1759	maintenance of educational facilities pursuant to section
1760	1013.356, Florida Statutes, and, if and when authorized by
1761	general law, to acquire such educational facilities. This act,
1762	in the place of an educational facilities benefit district,
1763	authorizes the Okeechobee County School Board to designate the
1764	district. The district is authorized to enter into an interlocal
1765	agreement with the Okeechobee County School Board and, as
1766	applicable, the Board of County Commissioners of Okeechobee
1767	County, and applicable private landowners and developers in
1768	order to provide for such construction, maintenance, and
1769	acquisition and in order to receive the applicable financial
1770	enhancements provided by section 1013.356, Florida Statutes. The
1771	interlocal agreement shall consider, among other things,
1772	absorption rates, sales rates, and related data of existing and
1773	projected schools; racial, ethnic, social, and economic balance
1774	within the Okeechobee County School District under applicable
1775	state and federal law; and the provision of school attendance
1776	zones to allow students residing within a reasonable distance of
1777	the facilities constructed and financed through the interlocal
1778	agreement to attend such facilities. Because these facilities
1779	are funded by assessments and not by taxes of any type, the
1780	provision of these facilities may be multiuse and, consistent
1781	with the provisions of this act, shall be first liens on the
1782	property upon a showing of special and peculiar benefits that
1783	flow to the property within the jurisdiction of the district as
1784	a logical connection from the systems, facilities, and services,
1785	resulting in added use, enhanced enjoyment, decreased insurance
1786	premiums, or enhanced value in marketability so that the
1787	Legislature finds that the provisions of the Florida
1788	Constitution for free public schools is implemented and
1789	enhanced.
1790	(l)  To provide for security, including, but not limited
1791	to, guardhouses, fences and gates, electronic intrusion
1792	detection systems, and patrol cars, when authorized by proper
1793	governmental agencies, except that the district may not exercise
1794	any powers of a law enforcement agency but may contract with the
1795	appropriate local general-purpose government agencies for an
1796	increased level of such services within the district boundaries.
1797	The district may operate guardhouses for the limited purpose of
1798	providing security for the residents of the district and which
1799	serve a predominate public, as opposed to private, purpose. Such
1800	guardhouses shall be operated by the district or other unit of
1801	local government pursuant to procedures designed to serve such
1802	security purposes as set forth in rules adopted by the board,
1803	from time to time, following the procedures set forth in chapter
1804	120, Florida Statutes.
1805	(m)  To provide for control and elimination of mosquitoes
1806	and other arthropods of public health importance.
1807	(n)  To provide for waste collection and disposal.
1808	(o)  To enter into impact fee credit agreements with
1809	Okeechobee County and the Okeechobee County School Board. Under
1810	such agreements, where the district constructs or makes
1811	contributions for public systems, facilities, services,
1812	projects, improvements, works, and infrastructures for which
1813	impact fee credits would be available to the landowner developer
1814	under the Okeechobee County and Okeechobee County School Board
1815	applicable impact fee ordinance, the agreement authorized by
1816	this act shall provide that such impact fee credit shall inure
1817	to the landowners within the district in portion to assessments
1818	or other burdens levied and imposed upon the landowners with
1819	respect to assessable improvements giving rise to such impact
1820	fee credits, and the district shall, from time to time, execute
1821	such instruments, such as assignments of impact fee credits, as
1822	may be necessary, appropriate, or desirable to accomplish or to
1823	confirm the foregoing.
1824	(p)  To establish and create, at noticed meetings, such
1825	government departments of the board of the district, as well as
1826	committees, task forces, boards, commissions, or other agencies
1827	under the supervision and control of the district, as from time
1828	to time the members of the board may deem necessary or desirable
1829	in the performance of the acts or other things necessary to
1830	exercise its general or special powers to implement an
1831	innovative project to carry out the special purpose of the
1832	district as provided in this act and to delegate to such
1833	departments, boards, task forces, committees, or other agencies
1834	such administrative duties and other powers as the board may
1835	deem necessary or desirable, but only if there is a set of
1836	expressed limitations for accountability, notice, and periodic
1837	written reporting to the board, which shall retain its powers.
1838	(q)  So long as not inconsistent with the applicable local
1839	government comprehensive plan and development entitlements, to
1840	coordinate with the landowner developer on the phasing of the
1841	delivery of infrastructure and to create phase entities or units
1842	for its charter purpose. Toward this end, and so long as it
1843	implements the purpose of the district under this act, the board
1844	may designate, therefore, units of development and adopt systems
1845	of progressive phased development by units with related
1846	management planning, implementation, construction, maintenance,
1847	and financing within its phased unit. If the board proceeds to
1848	designate such phased units of development, it must adopt at a
1849	noticed meeting pursuant to chapter 120, Florida Statutes, a
1850	rule setting forth detailed procedures and authorizations for
1851	such phase unit processes. A committee, department, or agency of
1852	the board shall be given express duty of oversight with monthly
1853	written reports to the board. No such phased units can begin or
1854	operate until or unless the required noticed rule has been
1855	promulgated. With regard to any phased unit, there shall be no
1856	bonded indebtedness and no levy of any lienable or nonlienable
1857	revenue, whether to amortize bonds or not, within the boundary
1858	of a phased unit other than by the board and pursuant to the
1859	powers, procedures, and provisions of this act and other
1860	applicable laws.
1861	(r)  To plan, establish, acquire, construct or reconstruct,
1862	enlarge or extend, equip, operate, maintain, finance, and fund
1863	buildings and structures for district offices, maintenance
1864	facilities, meeting facilities, town centers, or any other
1865	project authorized or granted by this act upon a showing at a
1866	noticed meeting of its efficacy to the specialized single
1867	purpose of this district for the new community.
1868	(s)  To plan, establish, acquire, construct or reconstruct,
1869	enlarge or extend, equip, operate, maintain, finance, and fund
1870	edifices and facilities for the provision of health care when
1871	authorized by applicable public or private agencies providing
1872	health care and upon a showing of efficacy to carry out the
1873	purpose of the district.
1874	(t)  To coordinate, work with, and, as the board deems
1875	appropriate, enter into interlocal agreements subject to the
1876	provisions of this charter with any public or private
1877	institution of higher education, including the Indian River
1878	Community College and any public or private university. The
1879	purpose of such coordination and agreements is to help sustain
1880	high-quality infrastructure in, around, and for the universities
1881	as may be appropriate under the law on the basis that the
1882	provision of such systems, facilities, and services, including
1883	classrooms or other buildings for such institutions, constitutes
1884	enhancement of the intrinsic value and marketability of property
1885	within the new community and also provides for increased
1886	enjoyment and enhanced use of the property. These systems,
1887	facilities, and services, including buildings, shall be first
1888	liens on the property within the community and serve a lawful
1889	public purpose upon a showing by the board in a nonarbitrary and
1890	informed manner of special and peculiar benefits that flow to
1891	the property within the community as a logical connection from
1892	the systems, facilities, and services, resulting in added use,
1893	enhanced enjoyment, decreased insurance premiums on, or enhanced
1894	value in the marketability of the property.
1895	(u)  To adopt and enforce appropriate rules following the
1896	procedures of chapter 120, Florida Statutes, in connection with
1897	the provisions of one or more its systems, facilities, services,
1898	projects, improvements, works, and infrastructure.
1899
1900	The enumeration of special powers in this subsection shall not
1901	be deemed exclusive or restrictive but shall be deemed to
1902	incorporate all powers, express or implied, necessary or
1903	incident to carrying out such enumerated special powers,
1904	including also the general powers provided by this special act
1905	charter to the district to implement its single purpose. The
1906	provisions of this subsection shall be construed liberally in
1907	order to carry out effectively the single purpose of this
1908	district under this act and to secure for the district its
1909	ability to be innovative.
1910	(10)  ISSUANCE OF BOND ANTICIPATION NOTES.--In addition to
1911	the other powers provided for in this act, and not in limitation
1912	thereof, the district shall have the power, at any time, and
1913	from time to time after the issuance of any bonds of the
1914	district shall have been authorized, to borrow money for the
1915	purposes for which such bonds are to be issued in anticipation
1916	of the receipt of the proceeds of the sale of such bonds and to
1917	issue bond anticipation notes in a principal sum not in excess
1918	of the authorized maximum amount of such bond issue. Such notes
1919	shall be in such denomination or denominations; bear interest at
1920	such rate, not to exceed the maximum rate allowed by general
1921	law; mature at such time or times not later than 5 years from
1922	the date of issuance; and be in such form and executed in such
1923	manner as the board shall prescribe. Such notes may be sold at
1924	either public or private sale or, if such notes are renewal
1925	notes, may be exchanged for notes then outstanding on such terms
1926	as the board shall determine. Such notes shall be paid from the
1927	proceeds of such bonds when issued. The board may, in its
1928	discretion, in lieu of retiring the notes by means of bonds,
1929	retire them by means of current revenues or from any taxes or
1930	assessments levied for the payment of such bonds, but in such
1931	event, a like amount of the bonds authorized shall not be
1932	issued.
1933	(11)  SHORT-TERM BORROWING.--The district may at any time
1934	obtain loans, in such amount and on such terms and conditions as
1935	the board may approve, for the purpose of paying any of the
1936	expenses of the district or any costs incurred or that may be
1937	incurred in connection with any of the projects of the district,
1938	which loans shall bear interest as the board determines as not
1939	to exceed the maximum rate allowed by general law and may be
1940	payable from and secured by a pledge of such funds, revenues,
1941	taxes, and assessments as the board may determine, subject,
1942	however, to the provisions contained in any proceeding under
1943	which bonds were theretofore issued and are then outstanding.
1944	For the purpose of defraying such costs and expenses, the
1945	district may issue negotiable notes, warrants, or other
1946	evidences of debt to be payable at such times and to bear such
1947	interest, not to exceed the maximum rate allowed by general law,
1948	as the board may determine and to be sold or discounted at such
1949	price or prices not less than 95 percent of par value and on
1950	such terms as the board may deem advisable. The board shall have
1951	the right to provide for the payment thereof by pledging the
1952	whole or any part of the funds, revenues, taxes, and assessments
1953	of the district. The approval of the electors residing in the
1954	district shall not be necessary except when required by the
1955	State Constitution.
1956	(12)  BONDS.--
1957	(a)  Bonds may be sold in blocks or installments at
1958	different times, or an entire issue or series may be sold at one
1959	time. Bonds may be sold at public or private sale after such
1960	advertisement, if any, as the board may deem advisable, but not
1961	in any event at less than 90 percent of the par value thereof,
1962	together with accrued interest thereon. Bonds may be sold or
1963	exchanged for refunding bonds. Special assessment and revenue
1964	bonds may be delivered by the district as payment of the
1965	purchase price of any project or part thereof, or a combination
1966	of projects or parts thereof, or as the purchase price or
1967	exchange for any property, real, personal, or mixed, including
1968	franchises or services rendered by any contractor, engineer, or
1969	other person, all at one time or in blocks from time to time, in
1970	such manner and upon such terms as the board in its discretion
1971	shall determine. The price or prices for any bonds sold,
1972	exchanged, or delivered may be:
1973	1.  The money paid for the bonds.
1974	2.  The principal amount, plus accrued interest to the date
1975	of redemption or exchange, or outstanding obligations exchanged
1976	for refunding bonds.
1977	3.  In the case of special assessment or revenue bonds, the
1978	amount of any indebtedness to contractors or other persons paid
1979	with such bonds, or the fair value of any properties exchanged
1980	for the bonds, as determined by the board.
1981	(b)  Any general obligation bonds, special assessment
1982	bonds, or revenue bonds may be authorized by resolution or
1983	resolutions of the board, which shall be adopted by a majority
1984	of all the members thereof then in office. Such resolution or
1985	resolutions may be adopted at the same meeting at which they are
1986	introduced and need not be published or posted. The board may,
1987	by resolution, authorize the issuance of bonds and fix the
1988	aggregate amount of bonds to be issued; the purpose or purposes
1989	for which the moneys derived therefrom shall be expended,
1990	including, but not limited to, payment of costs as defined in
1991	section 2(6)(h); the rate or rates of interest, not to exceed
1992	the maximum rate allowed by general law; the denomination of the
1993	bonds; whether or not the bonds are to be issued in one or more
1994	series; the date or dates of maturity, which shall not exceed 40
1995	years from their respective dates of issuance; the medium of
1996	payment; the place or places within or without the state where
1997	payment shall be made; registration privileges; redemption terms
1998	and privileges, whether with or without premium; the manner of
1999	execution; the form of the bonds, including any interest coupons
2000	to be attached thereto; the manner of execution of bonds and
2001	coupons; and any and all other terms, covenants, and conditions
2002	thereof and the establishment of revenue or other funds. Such
2003	authorizing resolution or resolutions may further provide for
2004	the contracts authorized by section 159.825(1)(f) and (g),
2005	Florida Statutes, regardless of the tax treatment of such bonds
2006	being authorized, subject to the finding by the board of a net
2007	savings to the district resulting by reason thereof. Such
2008	authorizing resolution may further provide that such bonds may
2009	be executed in accordance with the Registered Public Obligations
2010	Act, except that bonds not issued in registered form shall be
2011	valid if manually countersigned by an officer designated by
2012	appropriate resolution of the board. The seal of the district
2013	may be affixed, lithographed, engraved, or otherwise reproduced
2014	in facsimile on such bonds. In case any officer whose signature
2015	appears on any bonds or coupons ceases to be such officer before
2016	the delivery of such bonds, such signature or facsimile shall
2017	nevertheless be valid and sufficient for all purposes as if he
2018	or she had remained in office until such delivery.
2019	(c)  Pending the preparation of definitive bonds, the board
2020	may issue interim certificates or receipts or temporary bonds,
2021	in such form and with such provisions as the board may
2022	determine, exchangeable for definitive bonds when such bonds
2023	have been executed and are available for delivery. The board may
2024	also provide for the replacement of any bonds which become
2025	mutilated, lost, or destroyed.
2026	(d)  Any bond issued under this act or any temporary bond,
2027	in the absence of an express recital on the face thereof that it
2028	is nonnegotiable, shall be fully negotiable and shall be and
2029	constitute a negotiable instrument within the meaning and for
2030	all purposes of the law merchant and the laws of the state.
2031	(e)  The board may make such provision with respect to the
2032	defeasance of the right, title, and interest of the holders of
2033	any of the bonds and obligations of the district in any
2034	revenues, funds, or other properties by which such bonds are
2035	secured as the board deems appropriate and, without limitation
2036	on the foregoing, may provide that when such bonds or
2037	obligations become due and payable or are called for redemption
2038	and the whole amount of the principal and interest and premium,
2039	if any, due and payable upon the bonds or obligations then
2040	outstanding is held in trust for such purpose and provision is
2041	also made for paying all other sums payable in connection with
2042	such bonds or other obligations, then the right, title, and
2043	interest of the holders of the bonds in any revenues, funds, or
2044	other properties by which such bonds are secured shall thereupon
2045	cease, terminate, and become void; and the board may apply any
2046	surplus in any sinking fund established in connection with such
2047	bonds or obligations and all balances remaining in all other
2048	funds or accounts other than money held for the redemption or
2049	payment of the bonds or other obligations to any lawful purpose
2050	of the district as the board shall determine.
2051	(f)  If the proceeds of any bonds are less than the cost of
2052	completing the project in connection with which such bonds were
2053	issued, the board may authorize the issuance of additional bonds
2054	upon such terms and conditions as the board may provide in the
2055	resolution authorizing the issuance thereof, but only in
2056	compliance with the resolution or other proceedings authorizing
2057	the issuance of the original bonds.
2058	(g)  The district shall have the power to issue bonds to
2059	provide for the retirement or refunding of any bonds or
2060	obligations of the district that, at the time of such issuance,
2061	are or subsequently thereto become due and payable, or that at
2062	the time of issuance have been called or are or will be subject
2063	to call for redemption within 10 years thereafter, or the
2064	surrender of which can be procured from the holders thereof at
2065	prices satisfactory to the board. Refunding bonds may be issued
2066	at any time when, in the judgment of the board, such issuance
2067	will be advantageous to the district. No approval of the
2068	qualified electors residing in the district shall be required
2069	for the issuance of refunding bonds except in cases in which
2070	such approval is required by the State Constitution. The board
2071	may by resolution confer upon the holders of such refunding
2072	bonds all rights, powers, and remedies to which the holders
2073	would be entitled if they continued to be the owners and had
2074	possession of the bonds for the refinancing of which such
2075	refunding bonds are issued, including, but not limited to, the
2076	preservation of the lien of such bonds on the revenues of any
2077	project or on pledged funds, without extinguishment, impairment,
2078	or diminution thereof. The provisions of this act pertaining to
2079	bonds of the district shall, unless the context otherwise
2080	requires, govern the issuance of refunding bonds, the form and
2081	other details thereof, the rights of the holders thereof, and
2082	the duties of the board with respect thereto.
2083	(h)1.  The district shall have the power to issue revenue
2084	bonds from time to time without limitation as to amount. Such
2085	revenue bonds may be secured by, or payable from, the gross or
2086	net pledge of the revenues to be derived from any project or
2087	combination of projects; from the rates, fees, or other charges
2088	to be collected from the users of any project or projects; from
2089	any revenue-producing undertaking or activity of the district;
2090	from special assessments; from benefit special assessments; or
2091	from any other source or pledged security. Such bonds shall not
2092	constitute an indebtedness of the district, and the approval of
2093	the qualified electors shall not be required unless such bonds
2094	are additionally secured by the full faith and credit and taxing
2095	power of the district.
2096	2.  Any two or more projects may be combined and
2097	consolidated into a single project and may be operated and
2098	maintained as a single project. The revenue bonds authorized
2099	herein may be issued to finance any one or more of such
2100	projects, regardless of whether such projects have been combined
2101	and consolidated into a single project. If the board deems it
2102	advisable, the proceedings authorizing such revenue bonds may
2103	provide that the district may combine the projects then being
2104	financed or theretofore financed with other projects to be
2105	subsequently financed by the district and that revenue bonds to
2106	be thereafter issued by the district shall be on parity with the
2107	revenue bonds then being issued, all on such terms, conditions,
2108	and limitations provided in the proceeding which authorized the
2109	original bonds.
2110	(i)1.  Subject to the limitations of this charter, the
2111	district shall have the power from time to time to issue general
2112	obligation bonds to finance or refinance capital projects or to
2113	refund outstanding bonds in an aggregate principal amount of
2114	bonds outstanding at any one time not in excess of 35 percent of
2115	the assessed value of the taxable property within the district
2116	as shown on the pertinent tax records at the time of the
2117	authorization of the general obligation bonds for which the full
2118	faith and credit of the district is pledged. Except for
2119	refunding bonds, no general obligation bonds shall be issued
2120	unless the bonds are issued to finance or refinance a capital
2121	project and the issuance has been approved at an election held
2122	in accordance with the requirements for such election as
2123	prescribed by the State Constitution. Such elections shall be
2124	called to be held in the district by the board of county
2125	commissioners of the county upon the request of the board of the
2126	district. The expenses of calling and holding an election shall
2127	be at the expense of the district, and the district shall
2128	reimburse the county for any expenses incurred in calling or
2129	holding such election.
2130	2.  The district may pledge its full faith and credit for
2131	the payment of the principal and interest on such general
2132	obligation bonds and for any reserve funds provided therefor and
2133	may unconditionally and irrevocably pledge itself to levy ad
2134	valorem taxes on all taxable property in the district, to the
2135	extent necessary for the payment thereof, without limitations as
2136	to rate or amount.
2137	3.  If the board determines to issue general obligation
2138	bonds for more than one capital project, the approval of the
2139	issuance of the bonds for each and all such projects may be
2140	submitted to the electors on one and the same ballot. The
2141	failure of the electors to approve the issuance of bonds for any
2142	one or more capital projects shall not defeat the approval of
2143	bonds for any capital project which has been approved by the
2144	electors.
2145	4.  In arriving at the amount of general obligation bonds
2146	permitted to be outstanding at any one time pursuant to
2147	subparagraph 1., there shall not be included any general
2148	obligation bonds which are additionally secured by the pledge
2149	of:
2150	a.  Any assessments levied in an amount sufficient to pay
2151	the principal and interest on the general obligation bonds so
2152	additionally secured, which assessments have been equalized and
2153	confirmed by resolution of the board pursuant to this act or
2154	section 170.08, Florida Statutes.
2155	b.  Water revenues, sewer revenues, or water and sewer
2156	revenues of the district to be derived from user fees in an
2157	amount sufficient to pay the principal and interest on the
2158	general obligation bonds so additionally secured.
2159	c.  Any combination of assessments and revenues described
2160	in subparagraphs a. and b.
2161	(j)1.  All bonds issued under the provisions of this act
2162	shall constitute legal investments for savings banks, banks,
2163	trust companies, insurance companies, executors, administrators,
2164	trustees, guardians, and other fiduciaries and for any board,
2165	body, agency, instrumentality, county, municipality, or other
2166	political subdivision of the state and shall be and constitute
2167	security which may be deposited by banks or trust companies as
2168	security for deposits of state, county, municipal, or other
2169	public funds or by insurance companies as required or voluntary
2170	statutory deposits.
2171	2.  Any bonds issued by the district shall be incontestable
2172	in the hands of bona fide purchasers or holders for value and
2173	shall not be invalid because of any irregularity or defect in
2174	the proceedings for the issue and sale thereof.
2175	(k)  Any resolution authorizing the issuance of bonds may
2176	contain such covenants as the board may deem advisable, and all
2177	such covenants shall constitute valid and legally binding and
2178	enforceable contracts between the district and the bondholders,
2179	regardless of the time of issuance thereof. Such covenants may
2180	include, without limitation, covenants concerning the
2181	disposition of the bond proceeds; the use and disposition of
2182	project revenues; the pledging of revenues, taxes, and
2183	assessments; the obligations of the district with respect to the
2184	operation of the project and the maintenance of adequate project
2185	revenues; the issuance of additional bonds; the appointment,
2186	powers, and duties of trustees and receivers; the acquisition of
2187	outstanding bonds and obligations; restrictions on the
2188	establishing of competing projects or facilities; restrictions
2189	on the sale or disposal of the assets and property of the
2190	district; the priority of assessment liens; the priority of
2191	claims by bondholders on the taxing power of the district; the
2192	maintenance of deposits to ensure the payment of revenues by
2193	users of district facilities and services; the discontinuance of
2194	district services by reason of delinquent payments; acceleration
2195	upon default; the execution of necessary instruments; the
2196	procedure for amending or abrogating covenants with the
2197	bondholders; and such other covenants as may be deemed necessary
2198	or desirable for the security of the bondholders.
2199	(l)  The power of the district to issue bonds under the
2200	provisions of this act may be determined, and any of the bonds
2201	of the district maturing over a period of more than 5 years
2202	shall be validated and confirmed, by court decree, under the
2203	provisions of chapter 75, Florida Statutes.
2204	(m)  To the extent allowed by general law, all bonds issued
2205	hereunder and interest paid thereon and all fees, charges, and
2206	other revenues derived by the district from the projects
2207	provided by this act are exempt from all taxes by the state or
2208	by any political subdivision, agency, or instrumentality
2209	thereof; however, any interest, income, or profits on debt
2210	obligations issued hereunder are not exempt from the tax imposed
2211	by chapter 220, Florida Statutes. Further, the district is not
2212	exempt from the provisions of chapter 212, Florida Statutes.
2213	(n)  Bonds issued by the district shall meet the criteria
2214	set forth in section 189.4085, Florida Statutes.
2215	(o)  This act constitutes full and complete authority for
2216	the issuance of bonds and the exercise of the powers of the
2217	district provided herein. No procedures or proceedings,
2218	publications, notices, consents, approvals, orders, acts, or
2219	things by the board, or any board, officers, commission,
2220	department, agency, or instrumentality of the district, other
2221	than those required by this act, shall be required to perform
2222	anything under this act, except that the issuance or sale of
2223	bonds pursuant to the provisions of this act shall comply with
2224	the general law requirements applicable to the issuance or sale
2225	of bonds by the district. Nothing in this act shall be construed
2226	to authorize the district to utilize bond proceeds to fund the
2227	ongoing operations of the district.
2228	(p)  The state pledges to the holders of any bonds issued
2229	under this act that it will not limit or alter the rights of the
2230	district to own, acquire, construct, reconstruct, improve,
2231	maintain, operate, or furnish the projects or to levy and
2232	collect the taxes, assessments, rentals, rates, fees, and other
2233	charges provided for herein or to fulfill the terms of any
2234	agreement made with the holders of such bonds or other
2235	obligations and that it will not in any way impair the rights or
2236	remedies of such holders.
2237	(q)  A default on the bonds or obligations of a district
2238	shall not constitute a debt or obligation of the state or any
2239	local general-purpose government or the state.
2240	(13)  TRUST AGREEMENTS.--Any issue of bonds shall be
2241	secured by a trust agreement by and between the district and a
2242	corporate trustee or trustees, which may be any trust company or
2243	bank having the powers of a trust company within or without the
2244	state. The resolution authorizing the issuance of the bonds or
2245	such trust agreement may pledge the revenues to be received from
2246	any projects of the district and may contain such provisions for
2247	protecting and enforcing the rights and remedies of the
2248	bondholders as the board may approve, including, without
2249	limitation, covenants setting forth the duties of the district
2250	in relation to the acquisition, construction, reconstruction,
2251	improvement, maintenance, repair, operation, and insurance of
2252	any projects; the fixing and revising of the rates, fees, and
2253	charges; and the custody, safeguarding, and application of all
2254	moneys and for the employment of consulting engineers in
2255	connection with such acquisition, construction, reconstruction,
2256	improvement, maintenance, repair, or operation. It shall be
2257	lawful for any bank or trust company within or without the state
2258	which may act as a depository of the proceeds of bonds or of
2259	revenues to furnish such indemnifying bonds or to pledge such
2260	securities as may be required by the district. Such resolution
2261	or trust agreement may set forth the rights and remedies of the
2262	bondholders and of the trustee, if any, and may restrict the
2263	individual right of action by bondholders. The board may provide
2264	for the payment of proceeds of the sale of the bonds and the
2265	revenues of any project to such officer, board, or depository as
2266	it may designate for the custody thereof and may provide for the
2267	method of disbursement thereof with such safeguards and
2268	restrictions as it may determine. All expenses incurred in
2269	carrying out the provisions of such resolution or trust
2270	agreement may be treated as part of the cost of operation of the
2271	project to which such trust agreement pertains.
2272	(14)  AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL
2273	ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL
2274	ASSESSMENTS; MAINTENANCE TAXES.--
2275	(a)  A board elected by and consisting of qualified
2276	electors shall have the power to levy and assess an ad valorem
2277	tax on all the taxable property in the district to construct,
2278	operate, and maintain assessable improvements; to pay the
2279	principal of, and interest on, any general obligation bonds of
2280	the district; and to provide for any sinking or other funds
2281	established in connection with any such bonds. An ad valorem tax
2282	levied by the board for operating purposes, exclusive of debt
2283	service on bonds, shall not exceed 3 mills. The ad valorem tax
2284	provided for herein shall be in addition to county and all other
2285	ad valorem taxes provided for by law. Such tax shall be
2286	assessed, levied, and collected in the same manner and at the
2287	same time as county taxes. The levy of ad valorem taxes shall be
2288	approved by referendum when required by the State Constitution.
2289	(b)  The board annually shall determine, order, and levy
2290	the annual installment of the total benefit special assessments
2291	for bonds issued for and expenses related to financing
2292	assessable improvements. These assessments may be due and
2293	collected during each year that county taxes are due and
2294	collected, in which case such annual installment and levy shall
2295	be evidenced and certified to the property appraiser by the
2296	board not later than August 31 of each year. Such assessment
2297	shall be entered by the property appraiser on the county tax
2298	rolls and shall be collected and enforced by the tax collector
2299	in the same manner and at the same time as county taxes, and the
2300	proceeds thereof shall be paid to the district. However, this
2301	subsection shall not prohibit the district in its discretion
2302	from using the method prescribed in either section 197.3632,
2303	Florida Statutes, or chapter 173, Florida Statutes, for
2304	collecting and enforcing these assessments. Each annual
2305	installment of benefit special assessments shall be a lien on
2306	the property against which assessed until paid and shall be
2307	enforceable in a like manner as county taxes. The amount of the
2308	assessment for the exercise of the district's powers under
2309	subsections (8) and (9) shall be determined by the board based
2310	upon a report by the district's engineer and assessed by the
2311	board upon such lands, which may be part or all of the lands
2312	within the district benefited by the improvement, apportioned
2313	between benefited lands in proportion to the benefits received
2314	by each tract of land. The board may, if it determines it is in
2315	the best interests of the district, set forth in the proceedings
2316	initially levying such benefit special assessments or in
2317	subsequent proceedings a formula for the determination of an
2318	amount, which, when paid by a taxpayer with respect to any tax
2319	parcel, shall constitute a prepayment of all future annual
2320	installments of such benefit special assessments and the payment
2321	of which amount with respect to such tax parcel shall relieve
2322	and discharge such tax parcel of the lien of such benefit
2323	special assessments and any subsequent annual installment
2324	thereof. The board may provide further that upon delinquency in
2325	the payment of any annual installment of benefit special
2326	assessments, the prepayment amount of all future annual
2327	installments of benefit special assessments as determined in
2328	this paragraph shall be and become immediately due and payable
2329	together with such delinquent annual installment.
2330	(c)  If and when authorized by general law, to maintain and
2331	preserve the physical facilities and services constituting the
2332	works, improvements, or infrastructure provided by the district
2333	pursuant to this act, and to repair and restore any one or more
2334	of them, when needed, and for the purpose of defraying the
2335	current expenses of the district, including any sum which may be
2336	required to pay state and county ad valorem taxes on any lands
2337	which may have been purchased and which are held by the district
2338	under the provisions of this act, the board may, upon the
2339	completion of said systems, facilities, services, works,
2340	improvements, or infrastructure, in whole or in part, as may be
2341	certified to the board by the engineer of the board, levy
2342	annually a non-ad valorem and nonmillage tax upon each tract or
2343	parcel of land within the district, to be known as a
2344	"maintenance tax." This non-ad valorem maintenance tax shall be
2345	apportioned upon the basis of the net assessments of benefits
2346	assessed as accruing from the original construction and shall be
2347	evidenced and certified to the property appraiser by the board
2348	not later than June 1 of each year and shall be entered by the
2349	property appraiser on the tax roll of the property appraiser, as
2350	certified by the property appraiser to the tax collector, and
2351	collected by the tax collector on the merged collection roll of
2352	the tax collector in the same manner and at the same time as
2353	county ad valorem taxes, and the proceeds therefrom shall be
2354	paid to the district. This non-ad valorem maintenance tax shall
2355	be a lien until paid on the property against which assessed and
2356	enforceable in like manner and of the same dignity as county ad
2357	valorem taxes.
2358	(d)  To maintain and preserve the facilities and projects
2359	of the district, the board may levy a maintenance special
2360	assessment. This assessment may be evidenced to and certified to
2361	the property appraiser by the board not later than August 31 of
2362	each year and shall be entered by the property appraiser on the
2363	county tax rolls and shall be collected and enforced by the tax
2364	collector in the same manner and at the same time as county
2365	taxes, and the proceeds therefrom shall be paid to the district.
2366	However, this subsection shall not prohibit the district in its
2367	discretion from using the method prescribed in section 197.363,
2368	section 197.3631, or section 197.3632, Florida Statutes, for
2369	collecting and enforcing these assessments. These maintenance
2370	special assessments shall be a lien on the property against
2371	which assessed until paid and shall be enforceable in like
2372	manner as county taxes. The amount of the maintenance special
2373	assessment for the exercise of the district's powers under this
2374	section shall be determined by the board based upon a report by
2375	the district's engineer and assessed by the board upon such
2376	lands, which may be all of the lands within the district
2377	benefited by the maintenance thereof, apportioned between the
2378	benefited lands in proportion to the benefits received by each
2379	tract of land.
2380	(e)  The board shall have the power to levy and impose any
2381	special assessments pursuant to subsection (15).
2382	(f)  The collection and enforcement of all taxes levied by
2383	the district shall be at the same time and in like manner as
2384	county taxes, and the provisions of the Florida Statutes
2385	relating to the sale of lands for unpaid and delinquent county
2386	taxes; the issuance, sale, and delivery of tax certificates for
2387	such unpaid and delinquent county taxes; the redemption thereof;
2388	the issuance to individuals of tax deeds based thereon; and all
2389	other procedures in connection therewith shall be applicable to
2390	the district to the same extent as if such statutory provisions
2391	were expressly set forth herein. All taxes shall be subject to
2392	the same discounts as county taxes.
2393	(g)  All taxes provided for in this act shall become
2394	delinquent and bear penalties on the amount of such taxes in the
2395	same manner as county taxes.
2396	(h)  Benefit special assessments, maintenance special
2397	assessments, and special assessments are hereby found and
2398	determined to be non-ad valorem assessments as defined by
2399	section 197.3632, Florida Statutes. Maintenance taxes are non-ad
2400	valorem taxes and are not special assessments.
2401	(i)  Any and all assessments, including special
2402	assessments, benefit special assessments, and maintenance
2403	special assessments authorized by this section; special
2404	assessments as defined by section 2(6)(z) and granted and
2405	authorized by this subsection; and maintenance taxes if
2406	authorized by general law, shall constitute a lien on the
2407	property against which assessed from the date of levy and
2408	imposition thereof until paid, coequal with the lien of state,
2409	county, municipal, and school board taxes. These assessments may
2410	be collected, at the district's discretion, under authority of
2411	section 197.3631, Florida Statutes, by the tax collector
2412	pursuant to the provisions of sections 197.3632 and 197.3635,
2413	Florida Statutes, or in accordance with other collection
2414	measures provided by law. In addition to, and not in limitation
2415	of, any powers otherwise set forth herein or in general law,
2416	these assessments may also be enforced pursuant to the
2417	provisions of chapter 173, Florida Statutes.
2418	(j)  Except as otherwise provided by law, no levy of ad
2419	valorem taxes or non-ad valorem assessments under this act or
2420	chapter 170 or chapter 197, Florida Statutes, or otherwise by a
2421	board of a district on property of a governmental entity that is
2422	subject to a ground lease as described in section 190.003(13),
2423	Florida Statutes, shall constitute a lien or encumbrance on the
2424	underlying fee interest of such governmental entity.
2425	(15)  SPECIAL ASSESSMENTS.--
2426	(a)  As an alternative method to the levy and imposition of
2427	special assessments pursuant to chapter 170, Florida Statutes,
2428	pursuant to the authority of section 197.3631, Florida Statutes,
2429	or pursuant to other provisions of general law that provide a
2430	supplemental means or authority to impose, levy, and collect
2431	special assessments as otherwise authorized under this act, the
2432	board may levy and impose special assessments to finance the
2433	exercise of any its powers permitted under this act using the
2434	following uniform procedures:
2435	1.  At a noticed meeting, the board shall consider and
2436	review an engineer's report on the costs of the systems,
2437	facilities, and services to be provided, a preliminary
2438	assessment methodology, and a preliminary roll based on acreage
2439	or platted lands, depending upon whether platting has occurred.
2440	2.  The assessment methodology shall address and discuss,
2441	and the board shall consider, whether the systems, facilities,
2442	and services being contemplated will result in special benefits
2443	peculiar to the property, different in kind and degree than
2444	general benefits, as a logical connection between the property
2445	and the systems, facilities, and services themselves, and
2446	whether the duty to pay the assessments by the property owners
2447	is apportioned in a manner that is fair and equitable and not in
2448	excess of the special benefit received. It shall be fair and
2449	equitable to designate a fixed proportion of the annual debt
2450	service, together with interest thereon, on the aggregate
2451	principal amount of bonds issued to finance such systems,
2452	facilities, and services which give rise to unique, special, and
2453	peculiar benefits to property of the same or similar
2454	characteristics under the assessment methodology so long as such
2455	fixed proportion does not exceed the unique, special, and
2456	peculiar benefits enjoyed by such property from such systems,
2457	facilities, and services.
2458	3.  The engineer's cost report shall identify the nature of
2459	the proposed systems, facilities, and services, their location,
2460	and a cost breakdown plus a total estimated cost, including cost
2461	of construction or reconstruction, labor and materials, lands,
2462	property, rights, easements, franchises or systems, facilities
2463	and services to be acquired, cost of plans and specifications,
2464	surveys of estimates of costs and of revenues, cost of
2465	engineering, legal, and other professional consultation
2466	services, and other expenses or costs necessary or incident to
2467	determining the feasibility or practicability of such
2468	construction, reconstruction, or acquisition, administrative
2469	expenses, relationship to the authority and power of the
2470	district in its charter, and such other expense or costs as may
2471	be necessary or incident to the financing to be authorized by
2472	the board.
2473	4.  The preliminary assessment roll will be prepared in
2474	accordance with the method of assessment provided for in the
2475	assessment methodology and as may be adopted by the board. The
2476	assessment roll shall be completed as promptly as possible and
2477	shall show the acreage, lots, lands, or plats assessed and the
2478	amount of the fairly and reasonably apportioned assessment based
2479	on special and peculiar benefit to the property, lot, parcel, or
2480	acreage of land, and if the assessment against each such lot,
2481	parcel, acreage, or portion of land is to be paid in
2482	installments, the number of annual installments in which the
2483	assessment is divided shall be entered into and shown upon the
2484	assessment roll.
2485	5.  The board may determine and declare by an initial
2486	assessment resolution to levy and assess the assessments with
2487	respect to assessable improvements stating the nature of the
2488	systems, facilities, and services; improvements, projects, or
2489	infrastructure constituting such assessable improvements; the
2490	information in the engineer's cost report; and the information
2491	in the assessment methodology as determined by the board at the
2492	noticed meeting and referencing and incorporating as part of the
2493	resolution the engineer's cost report, the preliminary
2494	assessment methodology, and the preliminary assessment roll as
2495	referenced exhibits to the resolution by reference. If the board
2496	determines to declare and levy the special assessments by the
2497	initial assessment resolution, the board shall also adopt and
2498	declare a notice resolution, which shall provide and cause the
2499	initial assessment resolution to be published once a week for a
2500	period of 2 weeks in a newspaper of general circulation
2501	published in Okeechobee County. The board shall, by the notice
2502	resolution, fix a time and place at which the owner or owners of
2503	the property to be assessed or any other persons interested
2504	therein may appear before the board and be heard as to the
2505	propriety and advisability of making such improvements, as to
2506	the costs thereof, as to the manner of payment therefor, and as
2507	to the amount thereof to be assessed against each property so
2508	improved. Thirty days' notice in writing of such time and place
2509	shall be given to such property owners. The notice shall include
2510	the amount of the assessment and shall be served by mailing a
2511	copy to each assessed property owner at his or her last known
2512	address, the names and addresses of such property owners to be
2513	obtained from the record of the property appraiser of the county
2514	political subdivision where the land is located or from such
2515	other sources as the district manager or engineer deems
2516	reliable. Proof of such mailing shall be made by the affidavit
2517	of the manager of the district or by the engineer, said proof to
2518	be filed with the manager of the district, provided that failure
2519	to mail said notice or notices shall not invalidate any of the
2520	proceedings hereunder. It is provided further that the last
2521	publication shall be at least 1 week prior to the date of the
2522	hearing on the final assessment resolution. Said notice shall
2523	describe the general areas to be improved and advise all persons
2524	interested that the description of each property to be assessed
2525	and the amount to be assessed to each piece, parcel, lot, or
2526	acre of property may be ascertained at the office of the manager
2527	of the district. Such service by publication shall be verified
2528	by the affidavit of the publisher and filed with the manager of
2529	the district. Moreover, the initial assessment resolution with
2530	its attached, referenced, and incorporated engineer's cost
2531	report, preliminary assessment methodology, and preliminary
2532	assessment roll, along with the notice resolution, shall be
2533	available for public inspection at the office of the manager and
2534	the office of the engineer or any other office designated by the
2535	board in the notice resolution. Notwithstanding the foregoing,
2536	the landowners of all of the property which is proposed to be
2537	assessed may give the district written notice of waiver of any
2538	notice and publication provided for in this subparagraph, and
2539	such notice and publication shall not be required; however, any
2540	meeting of the board to consider such resolution shall be a
2541	publicly noticed meeting.
2542	6.  At the time and place named in the noticed resolution
2543	as provided for in subparagraph 5., the board shall meet and
2544	hear testimony from affected property owners as to the propriety
2545	and advisability of providing the systems, facilities, services,
2546	projects, works, improvements, or infrastructure and funding
2547	them with assessments referenced in the initial assessment
2548	resolution on the property. Following the testimony and
2549	questions from the members of the board or any professional
2550	advisors to the district or the preparers of the engineer's cost
2551	report, the assessment methodology, and the assessment roll, the
2552	board shall make a final decision on whether to levy and assess
2553	the particular assessments. Thereafter, the board shall meet as
2554	an equalizing board to hear and consider any and all complaints
2555	as to the particular assessments and shall adjust and equalize
2556	the assessments on the basis of justice and right.
2557	7.  When so equalized and approved by resolution or
2558	ordinance by the board, to be called the final assessment
2559	resolution, a final assessment roll shall be filed with the
2560	manager of the board, and such assessment shall stand confirmed
2561	and remain legal, valid, and binding first liens on the property
2562	against which such assessments are made until paid, equal in
2563	dignity to the first liens of ad valorem taxation of county
2564	governments and school boards; however, upon completion of the
2565	systems, facilities, services, projects, improvements, works, or
2566	infrastructure, the district shall credit to each assessment the
2567	difference in the assessment as originally made, approved,
2568	levied, assessed, and confirmed and the proportionate part of
2569	the actual cost of the improvement to be paid by the particular
2570	special assessments as finally determined upon the completion of
2571	the improvement, but in no event shall the final assessment
2572	exceed the amount of the special and peculiar benefits as
2573	apportioned fairly and reasonably to the property from the
2574	system, facility, or service being provided as originally
2575	assessed. Promptly after such confirmation, the assessment shall
2576	be recorded by the manager of the board in the minutes of the
2577	proceedings of the district, and the record of the lien in this
2578	set of minutes shall constitute prima facie evidence of its
2579	validity. The board, in its sole discretion, may by resolution
2580	grant a discount equal to all or a part of the payee's
2581	proportionate share of the cost of the project consisting of
2582	bond financing cost, such as capitalized interest, funded
2583	reserves, and bond discounts included in the estimated cost of
2584	the project, upon payment in full of any assessments during such
2585	period prior to the time such financing costs are incurred as
2586	may be specified by the board in such resolution.
2587	8.  District assessments may be made payable in
2588	installments over no more than 30 years from the date of the
2589	payment of the first installment thereof and may bear interest
2590	at fixed or variable rates.
2591	(b)  Notwithstanding any provision of this act or of
2592	chapter 170 or section 170.09, Florida Statutes, which provide
2593	that assessments may be paid without interest at any time within
2594	30 days after the improvement is completed and a resolution
2595	accepting the same has been adopted by the governing authority,
2596	such provision shall not be applicable to any district
2597	assessments, whether imposed, levied, and collected pursuant to
2598	the provisions of this act or other provisions of Florida law,
2599	including, but not limited to, chapter 170, Florida Statutes.
2600	(c)  In addition, the district is authorized expressly in
2601	the exercise of its rulemaking power to promulgate a rule or
2602	rules providing for notice, levy, imposition, equalization, and
2603	collection of assessments.
2604	(16)  ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON
2605	ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS.--
2606	(a)  The board may, after any special assessments or
2607	benefit special assessments for assessable improvements are
2608	made, determined, and confirmed as provided in this act, issue
2609	certificates of indebtedness for the amount so assessed against
2610	the abutting property or property otherwise benefited within the
2611	external boundaries of the district, as the case may be.
2612	Separate certificates shall be issued against each part or
2613	parcel of land or property assessed, which certificates shall
2614	state the general nature of the improvement for which the
2615	assessment is made. The certificates shall be payable in annual
2616	installments in accordance with the installments of the special
2617	assessment for which they are issued. The board may determine
2618	the interest to be borne by such certificates, not to exceed the
2619	maximum rate allowed by general law, and may sell such
2620	certificates at either private or public sale and determine the
2621	form, manner of execution, and other details of such
2622	certificates. The certificates shall recite that they are
2623	payable only from the special assessments levied and collected
2624	from the part or parcel of land or property against which they
2625	are issued. The proceeds of such certificates may be pledged for
2626	the payment of principal of and interest on any revenue bonds or
2627	general obligation bonds issued to finance in whole or in part
2628	such assessable improvements, or, if not so pledged, may be used
2629	to pay the cost or part of the cost of such assessable
2630	improvements.
2631	(b)  The district may also issue assessment bonds, revenue
2632	bonds, or other obligations payable from a special fund into
2633	which such certificates of indebtedness referred to in the
2634	preceding paragraph may be deposited; or, if such certificates
2635	of indebtedness have not been issued, the district may assign to
2636	such special fund for the benefit of the holders of such
2637	assessment bonds or other obligations, or to a trustee for such
2638	bondholders, the assessment liens provided for in this act
2639	unless such certificates of indebtedness or assessment liens
2640	have been theretofore pledged for any bonds or other obligations
2641	authorized hereunder. In the event of the creation of such
2642	special fund and the issuance of such assessment bonds or other
2643	obligations, the proceeds of such certificates of indebtedness
2644	or assessment liens deposited therein shall be used only for the
2645	payment of the assessment bonds or other obligations issued as
2646	provided in this section. The district is authorized to covenant
2647	with the holders of such assessment bonds, revenue bonds, or
2648	other obligations that it will diligently and faithfully enforce
2649	and collect all the special assessments and interest and
2650	penalties thereon for which such certificates of indebtedness or
2651	assessment liens have been deposited in or assigned to such
2652	fund; to foreclose such assessment liens so assigned to such
2653	special fund or represented by the certificates of indebtedness
2654	deposited in the special fund, after such assessment liens have
2655	become delinquent, and deposit the proceeds derived from such
2656	foreclosure, including interest and penalties, in such special
2657	fund; and to make any other covenants deemed necessary or
2658	advisable in order to properly secure the holders of such
2659	assessment bonds or other obligations.
2660	(c)  The assessment bonds, revenue bonds, or other
2661	obligations issued pursuant to this section shall have such
2662	dates of issue and maturity as shall be deemed advisable by the
2663	board; however, the maturities of such assessment bonds or other
2664	obligations shall not be more than 2 years after the due date of
2665	the last installment which will be payable on any of the special
2666	assessments for which such assessment liens, or the certificates
2667	of indebtedness representing such assessment liens, are assigned
2668	to or deposited in such special fund.
2669	(d)  Such assessment bonds, revenue bonds, or other
2670	obligations issued under this section shall bear such interest
2671	as the board may determine, not to exceed the maximum rate
2672	allowed by general law, and shall be executed, shall have such
2673	provisions for redemption prior to maturity, and shall be sold
2674	in the manner of and be subject to all of the applicable
2675	provisions contained in this act for revenue bonds, except as
2676	the same may be inconsistent with the provisions of this
2677	section.
2678	(e)  All assessment bonds, revenue bonds, or other
2679	obligations issued under the provisions of this section shall be
2680	and constitute and shall have all the qualities and incidents of
2681	negotiable instruments under the law merchant and the laws of
2682	the state.
2683	(17)  TAX LIENS.--All taxes of the district provided for in
2684	this act, except together with all penalties for default in the
2685	payment of the same and all costs in collecting the same,
2686	including a reasonable attorney's fee fixed by the court and
2687	taxed as a cost in the action brought to enforce payment, shall,
2688	from January 1 for each year the property is liable to
2689	assessment and until paid, constitute a lien of equal dignity
2690	with the liens for state and county taxes and other taxes of
2691	equal dignity with state and county taxes upon all the lands
2692	against which such taxes shall be levied. A sale of any of the
2693	real property within the district for state and county or other
2694	taxes shall not operate to relieve or release the property so
2695	sold from the lien for subsequent district taxes or installments
2696	of district taxes, which lien may be enforced against such
2697	property as though no such sale thereof had been made. In
2698	addition to, and not in limitation of, the preceding sentence,
2699	for purposes of section 197.552, Florida Statutes, the lien of
2700	all special assessments levied by the district shall constitute
2701	a lien of record held by a municipal or county governmental
2702	unit. The provisions of sections 194.171, 197.122, 197.333, and
2703	197.432, Florida Statutes, as each may be amended from time to
2704	time, shall be applicable to district taxes with the same force
2705	and effect as if such provisions were expressly set forth in
2706	this act.
2707	(18)  PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY THE
2708	DISTRICT; SHARING IN PROCEEDS OF TAX SALE.--
2709	(a)  The district shall have the power and right to:
2710	1.  Pay any delinquent state, county, district, municipal,
2711	or other tax or assessment upon lands located wholly or
2712	partially within the boundaries of the district; and
2713	2.  Redeem or purchase any tax sales certificates issued or
2714	sold on account of any state, county, district, municipal, or
2715	other taxes or assessments upon lands located wholly or
2716	partially within the boundaries of the district.
2717	(b)  Delinquent taxes paid, or tax sales certificates
2718	redeemed or purchased, by the district, together with all
2719	penalties for the default in payment of the same, all costs in
2720	collecting the same, and a reasonable attorney's fee, shall
2721	constitute a lien in favor of the district of equal dignity with
2722	the liens of state and county taxes and other taxes of equal
2723	dignity with state and county taxes upon all the real property
2724	against which the taxes were levied. The lien of the district
2725	may be foreclosed in the manner provided in this act.
2726	(c)  In any sale of land pursuant to section 197.542,
2727	Florida Statutes, as may be amended from time to time, the
2728	district may certify to the clerk of the circuit court of the
2729	county holding such sale the amount of taxes due to the district
2730	upon the lands sought to be sold, and the district shall share
2731	in the disbursement of the sales proceeds in accordance with the
2732	provisions of this act and under the laws of the state.
2733	(19)  FORECLOSURE OF LIENS.--Any lien in favor of the
2734	district arising under this act may be foreclosed by the
2735	district by foreclosure proceedings in the name of the district
2736	in a court of competent jurisdiction as provided by general law
2737	in like manner as is provided in chapter 173, Florida Statutes,
2738	and amendments thereto; the provisions of that chapter shall be
2739	applicable to such proceedings with the same force and effect as
2740	if those provisions were expressly set forth in this act. Any
2741	act required or authorized to be done by or on behalf of a
2742	municipality in foreclosure proceedings under chapter 173,
2743	Florida Statutes, may be performed by such officer or agent of
2744	the district as the board may designate. Such foreclosure
2745	proceedings may be brought at any time after the expiration of 1
2746	year from the date any tax, or installment thereof, becomes
2747	delinquent; however, no lien shall be foreclosed against any
2748	political subdivision or agency of the state. Other legal
2749	remedies shall remain available.
2750	(20)  MANDATORY USE OF CERTAIN DISTRICT SYSTEMS,
2751	FACILITIES, AND SERVICES.--To the full extent permitted by law,
2752	the district shall require all lands, buildings, premises,
2753	persons, firms, and corporations within the district to use the
2754	water management and control facilities and water and sewer
2755	facilities of the district.
2756	(21)  COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS; RELATED
2757	PROVISIONS REQUIRED.--
2758	(a)  No contract shall be let by the board for any goods,
2759	supplies, or materials to be purchased when the amount thereof
2760	to be paid by the district shall exceed the amount provided in
2761	section 287.017, Florida Statutes, for category four unless
2762	notice of bids shall be advertised once in a newspaper of
2763	general circulation in Okeechobee County. Any board seeking to
2764	construct or improve a public building or structure or other
2765	public works shall comply with the bidding procedures of section
2766	255.20, Florida Statutes, and other applicable general law. In
2767	each case, the bid of the lowest responsive and responsible
2768	bidder shall be accepted unless all bids are rejected because
2769	the bids are too high or because the board determines it is in
2770	the best interests of the district to reject all bids. The board
2771	may require the bidders to furnish bond with a responsible
2772	surety to be approved by the board. Nothing in this section
2773	shall prevent the board from undertaking and performing the
2774	construction, operation, and maintenance of any project or
2775	facility authorized by this act by the employment of labor,
2776	material, and machinery.
2777	(b)  The provisions of the Consultants' Competitive
2778	Negotiation Act, section 287.055, Florida Statutes, apply to
2779	contracts for engineering, architecture, landscape architecture,
2780	or registered surveying and mapping services let by the board.
2781	(c)  Contracts for maintenance services for any district
2782	facility or project shall be subject to competitive bidding
2783	requirements when the amount thereof to be paid by the district
2784	exceeds the amount provided in section 287.017, Florida
2785	Statutes, for category four. The district shall adopt rules,
2786	policies, or procedures establishing competitive bidding
2787	procedures for maintenance services. Contracts for other
2788	services shall not be subject to competitive bidding unless the
2789	district adopts a rule, policy, or procedure applying
2790	competitive bidding procedures to said contracts.
2791	(22)  FEES, RENTALS, AND CHARGES; PROCEDURE FOR ADOPTION
2792	AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS.--
2793	(a)  The district is authorized to prescribe, fix,
2794	establish, and collect rates, fees, rentals, or other charges,
2795	hereinafter sometimes referred to as "revenues," and to revise
2796	the same from time to time, for the systems, facilities, and
2797	services furnished by the district within the limits of the
2798	district, including, but not limited to, recreational
2799	facilities, water management and control facilities, and water
2800	and sewer systems; to recover the costs of making connection
2801	with any district service, facility, or system; and to provide
2802	for reasonable penalties against any user or property for any
2803	such rates, fees, rentals, or other charges that are delinquent.
2804	(b)  No such rates, fees, rentals, or other charges for any
2805	of the facilities or services of the district shall be fixed
2806	until after a public hearing at which all the users of the
2807	proposed facility or service or owners, tenants, or occupants
2808	served or to be served thereby and all other interested persons
2809	shall have an opportunity to be heard concerning the proposed
2810	rates, fees, rentals, or other charges. Rates, fees, rentals,
2811	and other charges shall be adopted under the administrative
2812	rulemaking authority of the district but shall not apply to
2813	district leases. Notice of such public hearing setting forth the
2814	proposed schedule or schedules of rates, fees, rentals, and
2815	other charges shall have been published in a newspaper of
2816	general circulation in Okeechobee County at least once and at
2817	least 10 days prior to such public hearing. The rulemaking
2818	hearing may be adjourned from time to time. After such hearing,
2819	such schedule or schedules, either as initially proposed or as
2820	modified or amended, may be finally adopted. A copy of the
2821	schedule or schedules of such rates, fees, rentals, or charges
2822	as finally adopted shall be kept on file in an office designated
2823	by the board and shall be open at all reasonable times to public
2824	inspection. The rates, fees, rentals, or charges so fixed for
2825	any class of users or property served shall be extended to cover
2826	any additional users or properties thereafter served which shall
2827	fall in the same class, without the necessity of any notice or
2828	hearing.
2829	(c)  Such rates, fees, rentals, and charges shall be just,
2830	equitable, and uniform for users of the same class and, when
2831	appropriate, may be based or computed either upon the amount of
2832	service furnished, upon the number of average number of persons
2833	residing or working in or otherwise occupying the premises
2834	served, upon any other factor affecting the use of the
2835	facilities furnished, or upon any combination of the foregoing
2836	factors, as may be determined by the board on an equitable
2837	basis.
2838	(d)  The rates, fees, rentals, or other charges prescribed
2839	shall be such as will produce revenues, together with any other
2840	assessments, taxes, revenues, or funds available or pledged for
2841	such purpose, at least sufficient to provide for the following
2842	items, but not necessarily in the order stated:
2843	1.  All expenses of operation and maintenance of such
2844	facility or service;
2845	2.  Payment, when due, of all bonds and interest thereon
2846	for the payment of which such revenues are, or shall have been,
2847	pledged or encumbered, including reserves for such purpose; and
2848	3.  Any other funds which may be required under the
2849	resolution or resolutions authorizing the issuance of bonds
2850	pursuant to this act.
2851	(e)  The board shall have the power to enter into contracts
2852	for the use of the projects of the district and with respect to
2853	the services, systems, and facilities furnished or to be
2854	furnished by the district.
2855	(23)  RECOVERY OF DELINQUENT CHARGES.--In the event that
2856	any rates, fees, rentals, charges, or delinquent penalties are
2857	not paid as and when due and are in default for 60 days or more,
2858	the unpaid balance thereof and all interest accrued thereon,
2859	together with reasonable attorney's fees and costs, may be
2860	recovered by the district in a civil action.
2861	(24)  DISCONTINUANCE OF SERVICE.--In the event the fees,
2862	rentals, or other charges for water and sewer services, or
2863	either of them, are not paid when due, the board shall have the
2864	power, under such reasonable rules and regulations as the board
2865	may adopt, to discontinue and shut off both water and sewer
2866	services until such fees, rentals, or other charges, including
2867	interest, penalties, and charges for the shutting off and
2868	discontinuance of or restoration of such water and sewer
2869	services, or both, are fully paid; for such purposes, the board
2870	may enter on any lands, waters, or premises of any person, firm,
2871	corporation, or body, public or private, within the district
2872	limits. Such delinquent fees, rentals, or other charges,
2873	together with interest, penalties, and charges for the shutting
2874	off and discontinuance of or restoration of such services and
2875	facilities, reasonable attorney's fees, and other expenses, may
2876	be recovered by the district, which may also enforce payment of
2877	such delinquent fees, rentals, or other charges by any other
2878	lawful method of enforcement.
2879	(25)  ENFORCEMENT AND PENALTIES.--The board or any
2880	aggrieved person may have recourse to such remedies in law and
2881	at equity as may be necessary to ensure compliance with the
2882	provisions of this act, including injunctive relief to enjoin or
2883	restrain any person violating the provisions of this act or any
2884	bylaws, resolutions, regulations, rules, codes, or orders
2885	adopted under this act. In case any building or structure is
2886	erected, constructed, reconstructed, altered, repaired,
2887	converted, or maintained, or any building, structure, land, or
2888	water is used, in violation of this act or of any code, order,
2889	resolution, or other regulation made under authority conferred
2890	by this act or under law, the board or any citizen residing in
2891	the district may institute any appropriate action or proceeding
2892	to prevent such unlawful erection, construction, reconstruction,
2893	alteration, repair, conversion, maintenance, or use; to
2894	restrain, correct, or avoid such violation; to prevent the
2895	occupancy of such building, structure, land, or water; and to
2896	prevent any illegal act, conduct, business, or use in or about
2897	such premises, land, or water.
2898	(26)  SUITS AGAINST THE DISTRICT.--Any suit or action
2899	brought or maintained against the district for damages arising
2900	out of tort, including, without limitation, any claim arising
2901	upon account of an act causing an injury or loss of property,
2902	personal injury, or death, shall be subject to the limitations
2903	provided in section 768.28, Florida Statutes.
2904	(27)  EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION.--All
2905	district property shall be exempt from levy and sale by virtue
2906	of an execution, and no execution or other judicial process
2907	shall issue against such property, nor shall any judgment
2908	against the district be a charge or lien on its property or
2909	revenues; however, nothing contained herein shall apply to or
2910	limit the rights of bondholders to pursue any remedy for the
2911	enforcement of any lien or pledge given by the district in
2912	connection with any of the bonds or obligations of the district.
2913	(28)  TERMINATION, CONTRACTION, OR EXPANSION OF DISTRICT.--
2914	(a)  The board may ask the Legislature through its local
2915	legislative delegation in and for Okeechobee County to amend
2916	this act to contract or expand the boundaries of the district by
2917	amendment of subsection (2).
2918	(b)  The district shall remain in existence until:
2919	1.  The district is terminated and dissolved pursuant to
2920	amendment to this act by the Legislature; or
2921	2.  The district has become inactive pursuant to section
2922	189.4044, Florida Statutes.
2923	(29)  INCLUSION OF TERRITORY.--The inclusion of any or all
2924	territory of the district within a municipality does not change,
2925	alter, or affect the boundary, territory, existence, or
2926	jurisdiction of the district.
2927	(30)  SALE OF REAL ESTATE WITHIN A DISTRICT; REQUIRED
2928	DISCLOSURE TO PURCHASER.--Subsequent to the creation of this
2929	district under this act, each contract for the initial sale of a
2930	parcel of real property and each contract for the initial sale
2931	of a residential unit within the district shall include,
2932	immediately prior to the space reserved in the contract for the
2933	signature of the purchaser, the following disclosure statement
2934	in boldfaced and conspicuous type which is larger than the type
2935	in the remaining text of the contract: "THE GROVE COMMUNITY
2936	DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES
2937	AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS
2938	PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF
2939	CERTAIN PUBLIC SYSTEMS, FACILITIES, AND SERVICES OF THE DISTRICT
2940	AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT.
2941	THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER
2942	LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND
2943	ASSESSMENTS PROVIDED FOR BY LAW."
2944	(31)  NOTICE OF CREATION AND ESTABLISHMENT.--Within 30 days
2945	after the election of the first board members, the district
2946	shall cause to be recorded in the property records in the county
2947	in which it is located a "Notice of Creation and Establishment
2948	of the Grove Community District." The notice shall, at a
2949	minimum, include the legal description of the property of the
2950	landowners who have consented to establishment of this district
2951	and a copy of the disclosure statement specified in subsection
2952	(30).
2953	(32)  PUBLIC ACCESS.--Any system, facility, service, works,
2954	improvement, project, or other infrastructure owned by the
2955	district or funded by federal tax-exempt bonding issued by the
2956	district is public; the district by rule may regulate, and may
2957	impose reasonable charges or fees for, the use thereof but not
2958	to the extent that such regulation or imposition of such charges
2959	or fees constitutes denial of reasonable access.
2960	Section 5.  Incorporation committee.--
2961	(1)  At the next general election following a finding by
2962	the supervisor of elections that 5,000 qualified electors reside
2963	in the district, the supervisor of elections shall conduct an
2964	election in accordance with election laws currently in force at
2965	which the qualified electors voting in the election elect five
2966	persons who are qualified electors of the district to serve on
2967	an incorporation committee created for the purpose of reviewing
2968	the feasibility of incorporating the district as a municipality.
2969	The five candidates receiving the highest number of votes shall
2970	serve as members of the incorporation committee. A member of the
2971	district board may not serve as a member of the incorporation
2972	committee.
2973	(2)  The incorporation committee shall, by September 1 of
2974	the year following its creation, submit a feasibility study and
2975	proposed municipal charter, prepared in accordance with chapter
2976	165, Florida Statutes, to the board and the legislative
2977	delegation of Okeechobee County. The incorporation committee
2978	shall also submit to the board and the legislative delegation of
2979	Okeechobee County a report indicating whether the district
2980	should remain in existence or be dissolved and all services
2981	provided by the district assumed by, and all revenue, property,
2982	assets, and liabilities of the district transferred to and
2983	assumed by, the municipality upon final incorporation.
2984	(3)  The incorporation committee is subject to the public
2985	records requirements in chapter 119, Florida Statutes, and all
2986	meetings of the incorporation committee shall be open to the
2987	public and governed by the provisions of chapter 286, Florida
2988	Statutes.
2989	(4)  The district shall fund expenses of the incorporation
2990	committee, including the costs of preparing the feasibility
2991	study and proposed municipal charter. Members of the
2992	incorporation committee shall serve without compensation but are
2993	entitled to reimbursement for travel and per diem expenses from
2994	the district in accordance with section 112.061, Florida
2995	Statutes. The district shall also reimburse the supervisor of
2996	elections for the cost of conducting the election of the
2997	incorporation committee.
2998	(5)  The incorporation committee shall be dissolved upon
2999	submission of the final feasibility study and proposed municipal
3000	charter to the board and the legislative delegation of
3001	Okeechobee County.
3002	Section 6.  Severability.--If any provision of this act is
3003	determined unconstitutional or otherwise determined invalid by a
3004	court of law, all the rest and remainder of the act shall remain
3005	in full force and effect as the law of Florida.
3006	Section 7.  This act shall take effect upon becoming a law,
3007	except that the provisions of paragraph (a) of subsection (14)
3008	of section 4 which authorize the levy of ad valorem assessments
3009	shall only take effect upon express approval by a majority vote
3010	of those qualified electors of the district, as required by
3011	Section 9 of Article VII of the State Constitution, voting in a
3012	referendum to be called by the Supervisor of Elections of
3013	Okeechobee County and held by the Board of Supervisors of the
3014	Grove Community District. Such election shall be held in
3015	accordance with the provisions of law relating to elections in
3016	force at the time the referendum is held.

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