HB 1559

CS

CHAMBER ACTION

1	The Local Government Council 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 Brevard County; creating the Viera
7	Stewardship District; providing a short title; providing
8	legislative findings and intent; providing definitions;
9	stating legislative policy regarding creation of the
10	district; establishing compliance with minimum
11	requirements in s. 189.404(3), F.S., for creation of an
12	independent special district; providing for creation and
13	establishment of the district; establishing the legal
14	boundaries of the district; providing for the jurisdiction
15	and charter of the district; providing for a board of
16	supervisors and establishing membership criteria and
17	election procedures; providing for board members' terms of
18	office; providing for board meetings; providing for
19	administrative duties of the board; providing a method for
20	transition of the board from landowner control to control
21	by the resident electors of the district; providing for a
22	district manager and district personnel; providing for a
23	district treasurer, selection of a public depository, and
24	district budgets and financial reports; providing for the
25	general powers of the district; providing for the special
26	powers of the district to plan, finance, and provide
27	community infrastructure and services within the district;
28	providing for required notices to purchasers of
29	residential units within the district; providing
30	severability; providing for a referendum; providing an
31	effective date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  Short title.--This act may be cited as the
36	"Viera Stewardship District Act."
37	Section 2.  Legislative findings and intent; definitions;
38	policy.--
39	(1)  LEGISLATIVE FINDINGS AND INTENT.--
40	(a)  The extensive lands located within Brevard County and
41	covered by this act contain many opportunities for thoughtful,
42	comprehensive, environmentally responsible, and consistent
43	development over a long period.
44	(b)  There is a particular special need to use a
45	specialized and limited single-purpose independent special
46	district unit of local government for the district lands located
47	within Brevard County and covered by this act to prevent urban
48	sprawl by providing sustaining and freestanding infrastructure
49	and by preventing needless and counterproductive community
50	development when the existing urban area is not yet developed,
51	and to prevent the needless duplication, fragmentation, and
52	proliferation of local government services in a proposed land
53	use area.
54	(c)  The establishment of such a limited specialized
55	single-purpose local government for the district lands will
56	serve a necessary and useful public purpose by providing an
57	efficient and effective method of ensuring the long-term
58	stewardship of environmental and conservation resources within
59	the district through the comprehensive management of the
60	district's ecosystem, including, but not limited to, the
61	implementation and administration of habitat protection and
62	management plans approved by regulatory agencies having
63	jurisdiction and the local governing authority.
64	(d)  The creation and establishment of the district will
65	constitute a timely, efficient, effective, responsive, and
66	economical method to deliver capital infrastructure, facilities,
67	and services to accommodate the growth projected under Brevard
68	County's comprehensive land use plan for the extensive lands
69	comprising the district, by providing a legitimate alternative
70	method for owning, operating, constructing, and financing such
71	infrastructure, facilities, and services which will not
72	overburden local general purpose governments and their
73	taxpayers.
74	(e)  While chapter 190, Florida Statutes, provides an
75	opportunity for community development services and facilities to
76	be provided by the establishment of community development
77	districts in a manner that furthers the public interest, given
78	the vast nature of the lands covered by this act and the
79	potentially long-term nature of its development, establishing
80	multiple community development districts over these lands would
81	result in an inefficient, duplicative, and needless
82	proliferation of local special purpose government, contrary to
83	the public interest and the Legislature's findings in chapter
84	190, Florida Statutes. Instead, it is in the public interest
85	that the long-range provision for, and management, financing,
86	and long-term maintenance, upkeep, and operation of, services
87	and facilities to be provided for ultimate development of the
88	lands covered by this act be under one coordinated entity.
89	(f)  Longer involvement of the initial landowner with
90	regard to the provision of systems, facilities, and services for
91	the district lands, coupled with a severely limited and highly
92	specialized single purpose of the district is in the public
93	interest.
94	(g)  Any public or private system to provide infrastructure
95	improvements, systems, facilities, and services to these lands
96	must be focused on an unfettered, highly specialized,
97	innovative, responsive, and accountable mechanism to provide the
98	components of infrastructure at sustained levels of high quality
99	over the long term only when and as needed for such a unique
100	community in such a unique area.
101	(h)  There is a need to coincide the use and special
102	attributes of various public and private alternatives for the
103	provision of infrastructure to such a community development,
104	including the limited, flexible, focused, and locally
105	accountable management and related financing capabilities of
106	independent special-purpose local government.
107	(i)  The existence and use of such a limited specialized
108	single purpose local government for the district lands, subject
109	to the respective county comprehensive plans, will result in a
110	high propensity to provide for orderly development and prevent
111	urban sprawl; protect and preserve environmental, conservation,
112	and agricultural uses and assets; enhance the market value for
113	both present and future landowners of the property consistent
114	with the need to protect private property; enhance the net
115	economic benefit to the Brevard County area, including an
116	enhanced and well-maintained tax base to the benefit of all
117	present and future taxpayers in Brevard County; and result in
118	the sharing of costs of providing certain systems, facilities,
119	and services in an innovative, sequential, and flexible manner
120	within the developing area to be serviced by the district.
121	(j)  The creation and establishment of the district will
122	encourage local government financial self-sufficiency in
123	providing public facilities and in identifying and implementing
124	physically sound, innovative, and cost-effective techniques to
125	provide and finance public facilities while encouraging
126	development, use, and coordination of capital improvement plans
127	by all levels of government, pursuant to chapter 187, Florida
128	Statutes.
129	(k)  The creation and establishment of the district will
130	encourage and enhance cooperation among communities that have
131	unique assets, irrespective of political boundaries, to bring
132	the private and public sectors together for establishing an
133	orderly and environmentally and economically sound plan for
134	current and future needs and growth.
135	(l)  In order to be responsive to the critical timing
136	required through the exercise of its special management
137	functions, an independent district requires financing of those
138	functions, including bondable lienable and nonlienable revenue,
139	with full and continuing public disclosure and accountability,
140	funded by landowners, both present and future, and funded also
141	by users of the systems, facilities, and services provided to
142	the land area by the district, without unduly burdening the
143	taxpayers and citizens of the state, Brevard County, or any
144	municipality therein.
145	(m)  The district created and established by this act shall
146	not have or exercise any comprehensive planning, zoning, or
147	development permitting power; the establishment of the district
148	shall not be considered a development order within the meaning
149	of chapter 380, Florida Statutes; and all applicable planning
150	and permitting laws, rules, regulations, and policies of Brevard
151	County control the development of the land to be serviced by the
152	district.
153	(n)  The creation by this act of the Viera Stewardship
154	District is not inconsistent with the Brevard County
155	comprehensive plan.
156	(o)  It is the legislative intent and purpose that no debt
157	or obligation of the district constitute a burden on any local
158	general-purpose government without its consent.
159	(2)  DEFINITIONS.--As used in this act:
160	(a)  "Ad valorem bonds" means bonds which are payable from
161	the proceeds of ad valorem taxes levied on real and tangible
162	personal property and which are generally referred to as general
163	obligation bonds.
164	(b)  "Assessable improvements" means, without limitation,
165	any and all public improvements and community facilities that
166	the district is empowered to provide in accordance with this act
167	that provide a special benefit to property within the district.
168	(c)  "Assessment bonds" means special obligations of the
169	district which are payable solely from proceeds of the special
170	assessments or benefit special assessments levied for assessable
171	improvements, provided that, in lieu of issuing assessment bonds
172	to fund the costs of assessable improvements, the district may
173	issue revenue bonds for such purposes payable from special
174	assessments.
175	(d)  "Assessments" means those nonmillage district
176	assessments which include special assessments, benefit special
177	assessments, and maintenance special assessments and a
178	nonmillage, non-ad valorem maintenance tax if authorized by
179	general law.
180	(e)  "Benefit special assessments" are district assessments
181	imposed, levied, and collected pursuant to the provisions of
182	section 6(12)(b).
183	(f)  "Board of supervisors" or "board" means the governing
184	board of the district or, if such board has been abolished, the
185	board, body, or commission assuming the principal functions
186	thereof or to whom the powers given to the board by this act
187	have been given by law.
188	(g)  "Bond" includes "certificate" and the provisions that
189	are applicable to bonds are equally applicable to certificates.
190	The term "bond" includes any general obligation bond, assessment
191	bond, refunding bond, revenue bond, and other such obligation in
192	the nature of a bond as is provided for in this act.
193	(h)  "Cost" or "costs," when used with reference to any
194	project, includes, but is not limited to:
195	1.  The expenses of determining the feasibility or
196	practicability of acquisition, construction, or reconstruction.
197	2.  The cost of surveys, estimates, plans, and
198	specifications.
199	3.  The cost of improvements.
200	4.  Planning, engineering, designing, fiscal, legal, and
201	other professional and consultant expenses and charges.
202	5.  The cost of all labor, materials, machinery, and
203	equipment.
204	6.  The cost of all lands, properties, rights, easements,
205	and franchises acquired.
206	7.  Financing charges.
207	8.  The creation of initial reserve and debt service funds.
208	9.  Working capital.
209	10.  Interest charges incurred or estimated to be incurred
210	on money borrowed prior to and during construction and
211	acquisition and for such reasonable period of time after
212	completion of construction or acquisition as the board may
213	determine.
214	11.  The cost of issuance of bonds pursuant to this act,
215	including advertisements and printing.
216	12.  The cost of any bond or tax referendum held pursuant
217	to this act and all other expenses of issuance of bonds.
218	13.  The discount, if any, on the sale or exchange of
219	bonds.
220	14.  Administrative expenses.
221	15.  Such other expenses as may be necessary or incidental
222	to the acquisition, disposition, transfer, construction, or
223	reconstruction of any project, to the financing thereof, or to
224	the development of any lands within the district.
225	16.  Payments, contributions, dedications, and any other
226	exactions required as a condition of receiving any governmental
227	approval or permit necessary to accomplish any district purpose.
228	(i)  "District" means the Viera Stewardship District.
229	(j)  "District manager" means the manager of the district.
230	(k)  "District roads" means highways, streets, roads,
231	alleys, sidewalks, landscaping, storm drains, bridges, and
232	thoroughfares of all kinds.
233	(l)  "General obligation bonds" means bonds which are
234	secured by, or provide for their payment by, the pledge of the
235	full faith and credit and taxing power of the district, in
236	addition to those special taxes levied for their discharge and
237	such other sources as may be provided for their payment or
238	pledged as security under the resolution authorizing their
239	issuance, and for payment of which recourse may be had against
240	the general fund of the district.
241	(m)  "Governing board member" means any member of the board
242	of supervisors.
243	(n)  "Land development regulations" means those regulations
244	of general purpose local government, adopted under the Florida
245	Local Government Comprehensive Planning and Land Development
246	Regulation Act, part II of chapter 163, Florida Statutes, to
247	which the district is subject and as to which the district may
248	not do anything that is inconsistent. Land development
249	regulations shall not mean specific management, engineering,
250	planning, operating, and other criteria and standards needed in
251	the daily management, implementation, and provision by the
252	district of systems, facilities, services, works, improvements,
253	projects, or infrastructure, including design criteria and
254	standards, so long as they remain subject to and are not
255	inconsistent with the applicable land development regulations.
256	(o)  "Landowner" means the owner of a freehold estate as it
257	appears on the deed record, including a trustee, a private
258	corporation, and an owner of a condominium unit. "Landowner"
259	does not include a reversioner, remainderman, mortgagee, or any
260	governmental entity, who shall not be counted and need not be
261	notified of proceedings under this act. "Landowner" also means
262	the owner of a ground lease from a governmental entity, which
263	leasehold interest has a remaining term, excluding all renewal
264	options, in excess of 50 years.
265	(p)  "General-purpose local government" means a county,
266	municipality, or consolidated city-county government.
267	(q)  "Maintenance special assessments" are assessments
268	imposed, levied, and collected pursuant to the provisions of
269	section 6(12)(d).
270	(r)  "Non-ad valorem assessment" means only those
271	assessments which are not based upon millage and which can
272	become a lien against a homestead as permitted in s. 4, Art. X
273	of the State Constitution.
274	(s)  "Powers" means powers used and exercised by the board
275	to accomplish the single, limited, and special purpose of the
276	district, including:
277	1.  "General powers" means those organizational and
278	administrative powers of the district as provided in this
279	charter in order to carry out its single special purpose as a
280	local government public corporate body politic.
281	2.  "Special powers" means those powers enumerated by the
282	district charter to implement its specialized systems,
283	facilities, services, projects, improvements, and infrastructure
284	and related functions in order to carry out its single
285	specialized purpose.
286	3.  Any other powers, authority, or functions set forth in
287	this act or in chapter 189 or chapter 190, Florida Statutes.
288	(t)  "Project" means any development, improvement,
289	property, power, utility, facility, enterprise, service, system,
290	works, or infrastructure now existing or hereafter undertaken or
291	established under the provisions of this act.
292	(u)  "Qualified elector" means any person at least 18 years
293	of age who is a citizen of the United States and a legal
294	resident of the state and of the district and who registers to
295	vote with the Supervisor of Elections of Brevard County.
296	(v)  "Refunding bonds" means bonds issued to refinance
297	outstanding bonds of any type and the interest and redemption
298	premium thereon. Refunding bonds shall be issuable and payable
299	in the same manner as refinanced bonds, except that no approval
300	by the electorate shall be required unless required by the State
301	Constitution.
302	(w)  "Revenue bonds" means obligations of the district that
303	are payable from revenues, including, but not limited to,
304	special assessments and benefit special assessments, derived
305	from sources other than ad valorem taxes on real or tangible
306	personal property and that do not pledge the property, credit,
307	or general tax revenue of the district.
308	(x)  "Sewer system" means any plant, system, facility, or
309	property, and additions, extensions, and improvements thereto at
310	any future time constructed or acquired as part thereof, useful
311	or necessary or having the present capacity for future use in
312	connection with the collection, treatment, purification, or
313	disposal of sewage, including, but not limited to, industrial
314	wastes resulting from any process of industry, manufacture,
315	trade, or business or from the development of any natural
316	resource. "Sewer system" also includes treatment plants, pumping
317	stations, lift stations, valves, force mains, intercepting
318	sewers, laterals, pressure lines, mains, and all necessary
319	appurtenances and equipment; all sewer mains, laterals, and
320	other devices for the reception and collection of sewage from
321	premises connected therewith; and all real and personal property
322	and any interest therein, and rights, easements, and franchises
323	of any nature relating to any such system and necessary or
324	convenient for operation thereof.
325	(y)  "Special assessments" means assessments as imposed,
326	levied, and collected by the district for the costs of
327	assessable improvements pursuant to the provisions of this act,
328	chapter 170, Florida Statutes, and the additional authority
329	under section 197.3631, Florida Statutes, or other provisions of
330	general law, now or hereinafter enacted, which provide or
331	authorize a supplemental means to impose, levy, or collect
332	special assessments.
333	(z)  "Taxes" or "tax" means those levies and impositions of
334	the board that support and pay for government and the
335	administration of law and that may be:
336	1.  Ad valorem or property taxes based upon both the
337	appraised value of property and millage, at a rate uniform
338	within the jurisdiction; or
339	2.  If and when authorized by general law, non-ad valorem
340	maintenance taxes not based on millage that are used to maintain
341	district systems, facilities, and services.
342	(aa)  "Viera Stewardship District" means the unit of
343	special and single purpose local government created and
344	chartered by this act, including the creation of its charter,
345	and limited to the performance, in implementing its single
346	purpose, of those general and special powers authorized by its
347	charter under this act, the boundaries of which are set forth by
348	the act, the governing head of which is created and authorized
349	to operate with legal existence by this act, and the purpose of
350	which is as set forth in this act.
351	(bb)  "Water management and control facilities" means any
352	lakes, canals, ditches, reservoirs, dams, impoundments, levees,
353	sluiceways, floodways, pumping stations, or any other works,
354	structures, or facilities for the conservation, control,
355	development, utilization, and disposal of nonpotable water, and
356	any purposes appurtenant, necessary or incidental thereto. The
357	term "water management and control facilities" includes all real
358	and personal property and any interest therein, rights,
359	easements, and franchises of any nature relating to any such
360	water management and control facilities or necessary or
361	convenient for the acquisition, construction, reconstruction,
362	operation or maintenance thereof.
363	(cc)  "Water system" means any plant, system, facility, or
364	property, and any addition, extension, or improvement thereto at
365	any future time constructed or acquired as a part thereof,
366	useful, necessary, or having the present capacity for future use
367	in connection with the development of sources, treatment,
368	purification, or distribution of water. "Water system" also
369	includes dams, reservoirs, storage tanks, mains, lines, valves,
370	pumping stations, laterals, and pipes for the purpose of
371	carrying water to the premises connected with such system, and
372	all rights, easements, and franchises of any nature relating to
373	any such system and necessary or convenient for the operation
374	thereof.
375	(3)  POLICY.--Based upon its findings, ascertainments,
376	determinations, intent, purpose, and definitions, the
377	Legislature states its policy expressly:
378	(a)  The district and the district charter, with its
379	general and special powers, as created in this act, are
380	essential and the best alternative for the residential,
381	commercial, and other community uses, projects, or functions in
382	the included portions of Brevard County consistent with the
383	effective comprehensive plans and designed to serve a lawful
384	public purpose.
385	(b)  The district, which is a local government and
386	political subdivision, is limited to its special purpose as
387	expressed in this act, with the power to provide, plan,
388	implement, construct, operate, maintain, repair, improve,
389	replace, manage, and finance as a local government management
390	entity its systems, facilities, services, improvements,
391	infrastructure, and projects and possessing financing powers to
392	fund its management power over the long term and with sustained
393	levels of high quality.
394	(c)  The creation of the Viera Stewardship District by and
395	pursuant to this act, and its exercise of its management and
396	related financing powers to implement its limited, single, and
397	special purpose, is not a development order and does not trigger
398	or invoke any provision within the meaning of chapter 380,
399	Florida Statutes, and all applicable governmental planning,
400	environmental, and land development laws, regulations, rules,
401	policies, and ordinances apply to all development of the land
402	within the jurisdiction of the district as created by this act.
403	Moreover, the creation of the district itself shall neither
404	cause a reclassification for assessment purposes of any
405	agricultural lands within the district, nor prohibit or preclude
406	the use of any land within the district for agricultural
407	purposes or for any use related thereto.
408	(d)  The district shall operate and function subject to,
409	and not inconsistent with, the comprehensive plan of Brevard
410	County and any applicable development orders, zoning
411	regulations, and other land development regulations.
412	(e)  The special and single purpose Viera Stewardship
413	District shall not have the power of a general-purpose local
414	government to adopt a comprehensive plan or related land
415	development regulation as those terms are defined in the Local
416	Government Comprehensive Planning and Land Development
417	Regulation Act.
418	(f)  This act may be amended, in whole or in part, only by
419	special act of the Legislature. No amendment to this act that
420	alters the district boundaries or the general or special powers
421	of the district may be considered by the Legislature unless it
422	is accompanied by a resolution or official statement as provided
423	for in section 189.404(2)(e)4., Florida Statutes.
424	Section 3.  Minimum charter requirements; creation and
425	establishment; jurisdiction; construction; charter with legal
426	description.--
427	(1)  Pursuant to section 189.404(3), Florida Statutes, the
428	Legislature sets forth that the minimum requirements in
429	paragraphs (a)-(o) have been met in the identified provisions of
430	this act as follows:
431	(a)  The reasons for the district are articulated in the
432	findings in section 2, and the specific functions of the
433	district are described through the powers granted to the
434	district throughout the bill. However, in summary, the general
435	purpose of the district is to provide, through a special purpose
436	governmental entity, certain capital infrastructure, facilities
437	and services which benefit the residents of the district.
438	(b)  The powers, functions, and duties of the district
439	regarding ad valorem taxation, bond issuance, other revenue-
440	raising capabilities, budget preparation and approval, liens and
441	foreclosure of liens, use of tax deeds and tax certificates as
442	appropriate for non-ad valorem assessments, and contractual
443	agreements are set forth in section 6.
444	(c)  The provisions for methods for establishing the
445	district are in this section.
446	(d)  The methods for amending the charter of the district
447	are set forth in section 2.
448	(e)  The provisions for the membership and organization of
449	the governing board and the establishment of a quorum are in
450	section 5.
451	(f)  The provisions regarding maximum compensation of each
452	board member are in section 5.
453	(g)  The provisions regarding the administrative duties of
454	the governing board are found in sections 5 and 6.
455	(h)  The provisions applicable to financial disclosure,
456	noticing, and reporting requirements generally are set forth in
457	sections 5 and 6.
458	(i)  The provisions regarding procedures and requirements
459	for issuing bonds are set forth in section 6.
460	(j)  The provisions regarding elections or referenda and
461	the qualifications of an elector of the district are in sections
462	2 and 5.
463	(k)  The provisions regarding methods for financing the
464	district are generally in section 6.
465	(l)  Other than taxes levied for the payment of bonds and
466	taxes levied for periods not longer than 2 years when authorized
467	by vote of the electors of the district, the provisions for the
468	authority to levy ad valorem tax and the authorized millage rate
469	are in section 6.
470	(m)  The provisions for the method or methods of collecting
471	non-ad valorem assessments, fees, or service charges are in
472	section 6.
473	(n)  The provisions for planning requirements are in this
474	section and section 6.
475	(o)  The provisions for geographic boundary limitations of
476	the district are set forth in sections 4 and 6.
477	(2)  The Viera Stewardship District, which also may be
478	referred to as the "stewardship district," "Viera District," or
479	"district," is created and incorporated as a public body
480	corporate and politic, an independent, limited, special purpose
481	local government, an independent special district, under section
482	189.404, Florida Statutes, and as defined in this act and in
483	section 189.403(3), Florida Statutes. Any amendments to chapter
484	190, Florida Statutes, after January 1, 2006, granting
485	additional general powers, special powers, authorities, or
486	projects to a community development district by amendment to its
487	uniform charter, sections 190.006-190.041, Florida Statutes,
488	shall constitute a general power, special power, authority, or
489	function of the Viera Stewardship District. All notices for the
490	enactment by the Legislature of this special act have been
491	provided pursuant to the State Constitution, the laws of Florida
492	and the Rules of the Florida House of Representatives and of the
493	Florida Senate. Subject to the referendum requirement in section
494	9, the district, as created by this act, is established on the
495	property described in this act.
496	(3)  The territorial boundary of the district shall embrace
497	and include all of that certain real property described legally
498	in section 4.
499	(4)  The jurisdiction of this district, in the exercise of
500	its general and special powers, and in the carrying out of its
501	special purposes, is both within the external boundaries of the
502	legal description of this district and extraterritorially when
503	limited to, and as authorized expressly elsewhere in, the
504	charter of the district as created in this act or applicable
505	general law. This special-purpose district is created as a
506	public body corporate and politic, and local government
507	authority and power is limited by its charter, this act, and
508	subject to the provisions of other general laws, including
509	chapter 189, Florida Statutes, except that an inconsistent
510	provision in this act shall control and the district has
511	jurisdiction to perform such acts and exercise such authorities,
512	functions, and powers as shall be necessary, convenient,
513	incidental, proper, or reasonable for the implementation of its
514	limited, single, and specialized purpose regarding the sound
515	planning, provision, acquisition, development, operation,
516	maintenance, and related financing of those public systems,
517	facilities, services, improvements, projects, and infrastructure
518	works as authorized herein, including those necessary and
519	incidental thereto.
520	(5)  The exclusive charter of the Viera Stewardship
521	District is this act and, except as otherwise provided in
522	subsection (2), may be amended only by special act of the
523	Legislature.
524	Section 4.  Legal description of the Viera Stewardship
525	District.--
526	The legal description of the district, within which
527	there are no parcels of property owned by those who do
528	not wish for their property to be included within the
529	district, is as follows:
530	Commence at a 4" X 4" concrete monument at the
531	Northwest corner of Section 30, Township 25 South,
532	Range 36 East and run N89°21'55"E, along the North
533	line of said Section 30, a distance of 2,545.93 feet,
534	to an iron rod and the POINT OF BEGINNING of the
535	herein described lands; thence S08°24'33"E, a distance
536	of 748.62 feet, to an iron rod; thence S08°55'25"E, a
537	S08°55'25"E, a distance of 405.40 feet, to an iron
538	rod; thence S07°53'09"E, a distance of 404.42 feet, to
539	an iron rod; thence S07°41'38"E, a distance of 556.16
540	feet, to an iron rod; thence S08°07'57"E, a distance
541	of 556.72 feet, to an iron rod; thence S07°54'48"E, a
542	S07°54'48"E, a distance of 556.44 feet, to an iron
543	rod; thence S08°10'16"E, a distance of 880.33 feet, to
544	an iron rod; thence S07°57'39"E, a distance of 482.44
545	feet, to an iron rod; thence S79°41'18"W, a distance
546	of 8.69 feet, to an iron rod; thence S07°38'31"E, a
547	distance of 396.84 feet, to an iron rod; thence
548	S13°30'01"W, a distance of 6.84 feet, to an iron rod;
549	thence S68°53'11"W, a distance of 456.26 feet, to an
550	iron rod; thence S75°44'29"W, a distance of 86.29
551	feet, to an iron rod; thence S64°14'40"W, a distance
552	of 129.79 feet, to an iron rod; thence S68°29'29"W, a
553	S68°29'29"W, a distance of 703.75 feet, to an iron
554	rod; thence S03°43'55"E, a distance of 774.28 feet, to
555	an iron rod; thence S03°43'05"E, a distance of 420.39
556	feet, to an iron rod; thence S17°31'55"W, a distance
557	of 31.51 feet, to an iron rod; thence S02°10'23"W, a
558	distance of 15.32 feet, to an iron rod; thence
559	S84°49'06"W, a distance of 1,260.85 feet, to an iron
560	rod; thence S65°26'07"W, a distance of 553.39 feet, to
561	an iron rod; thence S65°16'09"W, a distance of 553.65
562	feet, to an iron rod; thence S65°26'06"W, a distance
563	of 552.21 feet, to an iron rod; thence S65°42'09"W, a
564	S65°42'09"W, a distance of 553.14 feet, to an iron
565	rod; thence S86°33'52"W, a distance of 560.20 feet, to
566	an iron rod; thence S86°36'43"W, a distance of
567	1,119.98 feet, to an iron rod; thence N15°49'12"W, a
568	distance of 53.08 feet, to an iron rod; thence
569	S88°41'21"W, a distance of 144.31 feet to an iron rod;
570	thence S86°14'12"W, a distance of 360.22 feet, to an
571	iron rod; thence S44°22'00"W, a distance of 2,194.87
572	feet, to an iron rod; thence S02°24'20"E, a distance
573	of 99.12 feet, to an iron rod; thence S46°55'21"W, a
574	distance of 146.56 feet, to an iron rod; thence
575	S65°38'19"W, a distance of 194.77 feet, to an iron
576	rod; thence S63°42'25"W, a distance of 577.43 feet, to
577	an iron rod; thence S69°45'01"W, a distance of 412.41
578	feet, to an iron rod; thence N89°15'09", a distance of
579	79.29 feet, to an iron rod; thence S73°35'49W, a
580	distance of 521.37 feet, to an iron rod; thence
581	S87°25'48"W, a distance of 483.14 feet, to an iron
582	rod; thence S87°26'32"W, a distance of 966.55 feet, to
583	an iron rod; thence S87°21'06"W, a distance of 485.66
584	feet, to an iron rod; thence S62°14'38"W, a distance
585	of 444.40 feet, to an iron rod; thence S62°17'07"W, a
586	S62°17'07"W, a distance of 446.88 feet, to an iron
587	rod; thence S62°19'23"W, a distance of 358.90 feet, to
588	an iron rod; thence S62°27'13"W, a distance of 370.19
589	feet, to an iron rod; thence S77°23'47"W, a distance
590	of 411.83 feet, to an iron rod; thence S00°53'45"W, a
591	S00°53'45"W, a distance of 125.73 feet, to an iron
592	rod; thence S00°13'05"W, a distance of 658.60 feet, to
593	an iron rod; thence S00°02'40"E, a distance of
594	1,583.00 feet, to an iron rod; thence S00°01'31"E, a
595	distance of 543.46 feet, to an iron rod; thence
596	S06°38'41"E, a distance of 236.05 feet, to an iron
597	rod; thence S00°05'15"W, a distance of 1,609.02 feet,
598	to an iron rod, thence N89°56'44"E, a distance of
599	1,150.63 feet, to an iron rod; thence N89°41'56"E, a
600	distance of 575.37 feet, to an iron rod; thence
601	S89°48'28"E, a distance of 575.27 feet, to an iron
602	rod; thence S05°17'41"E, a distance of 5,150.06 feet,
603	to an iron rod; thence S88°28'59"W, a distance of
604	892.20 feet, to an iron rod; thence S89°18'35"W, a
605	distance of 1,352.16 feet, to an iron rod; thence
606	N88°11'42"W, a distance of 478.57 feet, to an iron
607	rod; thence S04°20'09"W, a distance of 165.35 feet, to
608	an iron rod; thence S44°31'42"E, a distance of
609	1,884.04 feet, to an iron rod; thence S44°35'30"E, a
610	distance of 3,917.97 feet, to an iron rod; thence
611	S62°09'21"E, a distance of 2,317.97 feet, to an iron
612	rod; thence S61°05'48"E, a distance of 649.92 feet, to
613	an iron rod; thence N47°16'55" E, a distance of 35.75
614	feet, to an iron rod; thence S61°57'44"E, a distance
615	of 923.38 feet, to an iron rod; thence S41°26'58"E, a
616	S41°26'58"E, a distance of 273.10 feet, to an iron
617	rod; thence S30°04'29"E, a distance of 310.25 feet, to
618	an iron rod; thence S34°43'38"E, a distance of 598.07
619	feet, to an iron rod; thence S26°25'22"E, a distance
620	of 301.86 feet, to an iron rod; thence S04°19'41"E, a
621	S04°19'41"E, a distance of 773.92 feet, to an iron
622	rod; thence S03°54'52"E, a distance of 1,444.29 feet,
623	to an iron rod; thence S88°57'24"E, a distance of
624	504.03 feet, to an iron rod; thence S13°21'03"W, a
625	distance of 118.12 feet, to an iron rod; thence
626	S34°02'56"W, a distance of 1,348.21 feet, to an iron
627	rod; thence S45°13'06"W, a distance of 1,297.85 feet,
628	to an iron rod; thence S63°01'28"W, a distance of
629	72.85 feet, to an iron rod; thence S35°48'10"E, a
630	distance of 45.45 feet, to an iron rod; thence
631	S36°43'44"E, a distance of 81.14 feet, to an iron rod;
632	thence S43°22'10"E, a distance of 2,416.90 feet, to an
633	iron rod; thence S54°43'27"E, a distance of 118.25
634	feet, to an iron rod; thence S76°01'08"E, a distance
635	of 114.63 feet, to an iron rod; thence S89°15'48"E, a
636	S89°15'48"E, a distance of 397.01 feet, to an iron
637	rod; thence S67°53'23"E, a distance of 92.26 feet, to
638	a iron rod; thence S27°40'02"E, a distance of 156.14
639	feet, to an iron rod; thence S64°16'29"E, a distance
640	of 37.61 feet, to an iron rod; thence S89°15'14"E, a
641	distance of 352.87 feet, to an iron rod; thence
642	S85°51''17"E, a distance of 307.67 feet, to an iron
643	rod; thence N86°54'20"E, a distance of 151.74 feet, to
644	an iron rod; thence N76°30'06"E, a distance of 261.56
645	feet, to an iron rod; thence N87°06'14"E, a distance
646	of 251.77 feet, to an iron rod; thence N88°53'08"E, a
647	N88°53'08"E, a distance of 158.24 feet, to an iron
648	rod; thence N85°02'05"E, a distance of 159.48 feet, to
649	an iron rod; thence S87°50'11"E, a distance of 174.88
650	feet, to an iron rod; thence S83°44'02"E, a distance
651	of 176.43 feet, to an iron rod; thence S86°24'25"E, a
652	S86°24'25"E, a distance of 258.17 feet, to an iron
653	rod; thence S81°07'19"E, a distance of 151.23 feet, to
654	an iron rod; thence N73°40'28"E, a distance of 247.99
655	feet, to an iron rod; thence N84°35'54"E, a distance
656	of 81.80 feet, to an iron rod; thence S79°39'38"E, a
657	distance of 98.82 feet, to an iron rod; thence
658	S67°29'44"E, a distance of 168.94 feet, to an iron
659	rod; thence S56°25'12"E, a distance of 206.81 feet, to
660	an iron rod; thence S70°16'15"E, a distance of 241.47
661	feet, to an iron rod; thence S71°16'02"E, a distance
662	of 271.51 feet, to an iron rod; thence S76°57'22"E, a
663	S76°57'22"E, a distance of 144.38 feet, to an iron
664	rod; thence S83°43'51"E, a distance of 362.54 feet, to
665	an iron rod; thence S82°09'02"E, a distance of 428.93
666	feet, to an iron rod; thence S76°54'20"E, a distance
667	of 74.04 feet, to an iron rod; thence S69°05'45"E, a
668	distance of 73.41 feet, to an iron rod; thence
669	S54°06'44"E, a distance of 97.18 feet, to an iron rod;
670	thence S37°26'00"E, a distance of 287.82 feet, to an
671	iron rod; thence S54°56'39"E, a distance of 72.06
672	feet, to an iron rod; thence S73°11'26"E, a distance
673	of 65.07 feet, to an iron rod; thence S79°38'52"E, a
674	distance of 374.93 feet, to an iron rod; thence
675	S74°51'17"E, a distance of 156.56 feet, to an iron
676	rod; thence S60°41'38"E, a distance of 171.07 feet, to
677	an iron rod; thence S75°22'42"E, a distance of 109.56
678	feet, to an iron rod; thence S52°26'28"E, a distance
679	of 84.10 feet, to an iron rod; thence S41°24'22"E, a
680	distance of 210.47 feet, to an iron rod; thence
681	S38°52'45"E, a distance of 174.40 feet, to an iron
682	rod; thence S33°54'38"E, a distance of 212.94 feet, to
683	an iron rod; thence S37°40'21"E, a distance of 119.90
684	feet, to an iron rod; thence S63°38'27"E, a distance
685	of 397.23 feet, to an iron rod; thence S54°42'23"E, a
686	S54°42'23"E, a distance of 137.02 feet, to an iron
687	rod; thence S66°28'00"E, a distance of 72.13 feet, to
688	an iron rod; thence S74°03'50"E, a distance of 526.89
689	feet, to an iron rod; thence S65°07'14"E, a distance
690	of 169.50 feet, to an iron rod; thence S56°11'35"E, a
691	S56°11'35"E, a distance of 261.82 feet, to an iron
692	rod; thence S62°05'45"E, a distance of 141.63 feet, to
693	an iron rod; thence S82°38'30"E, a distance of 227.95
694	feet, to an iron rod; thence S64°34'06"E, a distance
695	of 134.09 feet, to an iron rod; thence S44°50'15"E, a
696	S44°50'15"E, a distance of 117.21 feet, to an iron
697	rod; thence S36°18'31"E, a distance of 242.72 feet, to
698	an iron rod; thence S49°43'39"E, a distance of 178.02
699	feet, to an iron rod; thence S45°48'41"E, a distance
700	of 179.26 feet, to an iron rod; thence S49°49'20"E, a
701	S49°49'20"E, a distance of 214.19 feet, to an iron
702	rod; thence S41°48'48"E, a distance of 222.20 feet, to
703	an iron rod; thence S48°35'30"E, a distance of 200.25
704	feet, to an iron rod; thence S61°25'40"E, a distance
705	of 428.09 feet, to an iron rod; thence S63°06'44"E, a
706	S63°06'44"E, a distance of 644.39 feet, to an iron
707	rod; thence S62°46'04"E, a distance of 678.14 feet, to
708	an iron rod; thence S62°43'50"E, a distance of 652.63
709	feet, to an iron rod; thence S53°36'34"E, a distance
710	of 218.94 feet, to an iron rod; thence S64°10'09"E, a
711	S64°10'09"E, a distance of 726.09 feet, to an iron
712	rod; thence S64°07'34"E, a distance of 634.55 feet, to
713	an iron rod; thence S62°56'15"E, a distance of 752.40
714	feet, to an iron rod; thence S65°29'06"E, a distance
715	of 118.42 feet, to an iron rod; thence S59°29'15"E, a
716	S59°29'15"E, a distance of 116.71 feet, to an iron
717	rod; thence S41°56'01"E, a distance of 88.47 feet, to
718	an iron rod; thence S39°21'46"E, a distance of 287.92
719	feet, to an iron rod; thence S39°13'55"E, a distance
720	of 321.23 feet, to an iron rod; thence S39°37'39"E, a
721	S39°37'39"E, a distance of 318.13 feet, to an iron
722	rod; thence S51°26'09"E, a distance of 73.03 feet, to
723	an iron rod; thence S75°43'21"E, a distance of 132.64
724	feet, to an iron rod; thence S81°00'26"E, a distance
725	of 449.69 feet, to an iron rod; thence S61°25'12"E, a
726	S61°25'12"E, a distance of 181.24 feet, to an iron
727	rod; thence S76°11'38"E, a distance of 79.34 feet, to
728	an iron rod; thence N83°23'17"E, a distance of 57.02
729	feet, to an iron rod; thence N57°28'51"E, a distance
730	of 65.75 feet, to an iron rod; thence N48°12'37"E, a
731	distance of 218.65 feet, to an iron rod; thence
732	S71°43'37"E, a distance of 109.38 feet, to an iron
733	rod; thence S55°14'02"E, a distance of 91.32 feet, to
734	an iron rod; thence S38°01'21"E, a distance of 56.46
735	feet, to an iron rod; thence S03°46'11"E, a distance
736	of 62.49 feet, to an iron rod; thence S00°46'56"W, a
737	distance of 262.22 feet, to an iron rod; thence
738	S13°01'47"E, a distance of 243.27 feet, to an iron
739	rod; thence S16°57'33"E, a distance of 140.72 feet, to
740	an iron rod on the South line of the Southeast one-
741	quarter of Section 33, Township 26 South, Range 36
742	East; thence N88°28'46"E along the South line of said
743	Section 33, 1212.95 feet to Southwest Corner of
744	Section 34, Township 26 South, Range 36 East; thence
745	N89°06'05"E along the South line of said Section 34,
746	4798.14 feet to a point on the West Right-of-Way line
747	of Interstate 95 (Circuit Court Book 53, Pages 359-
748	363, Public Records of Brevard County Florida), thence
749	N00°03'59"W, along said Right-of-Way 2480.30 feet;
750	thence N00°28'45"W, 328.41 feet, to a point on the
751	South Boundary line of Nail Farms (Deed Book 63, Page
752	155, Public Records of Brevard County, Florida);
753	thence S78°21'10"W along said South Line, 303.63 feet;
754	thence N00°38'50"W, 554.40 feet; thence N89°21'11"E,
755	N89°21'11"E, 290.53 feet, to a point on the said
756	West Right-of-Way line of Interstate 95 and a non-
757	tangent intersection with a curve to the left; Thence
758	along said Right-of-Way line and the arc of said
759	curve, (said curve being concave to the West and
760	having a radius of 22800.32 feet; a radial bearing of
761	S87°51'38"W, a delta angle of 12°22'37", a chord
762	distance of 4915.73 feet; and a chord bearing of
763	N08°19'41"W) a distance of 4925.30 feet to the end of
764	said curve; thence N14°30'59"W, 4457.16 feet; thence
765	S75°29'01"W, 200.00 feet; thence N14°30'59"W, 950.00
766	feet; thence N75°29'01"E, 200.00 feet; thence
767	N14°30'59"W, 4932.58 feet to the Southeast corner of
768	the Plat of Viera Central PUD, Tract 12, Unit 1,
769	Parcels 1-3, Phase 3 (Plat Book 44 Pages 52-54, Public
770	Records of Brevard County, Florida); thence
771	S61°38'33"W along the South line of said Plat, 86.02
772	feet to a non-tangent intersection with a curve to the
773	left; Thence along the arc of said curve, (said curve
774	being concave to the West and having a radius of
775	750.00 feet; a radial bearing of S61°38'33"W, a delta
776	angle of 33°08'08", a chord distance of 427.72 feet;
777	and a chord bearing of N44°55'31"W) a distance of
778	433.74 feet to the end of said curve and a point on
779	the East line of a parcel of land described in
780	Official Records Book 4568, Pages 518-522, Public
781	Records of Brevard County, Florida; thence S14°30'59"E
782	S14°30'59"E along the East line of said parcel,
783	253.23 feet; thence S75°13'39"W, 717.10 feet; thence
784	N14°17'52"W, 287.62 feet to the beginning of a curve
785	to the right; Thence along the arc of said curve,
786	(said curve being curved concave to the East and
787	having a radius of 50.00 feet; a delta angle of
788	39°18'18", a chord distance of 33.63 feet; and a chord
789	bearing of N05°21'17"E) a distance of 34.30 feet to
790	the beginning of a reverse curve to the left; Thence
791	along the arc of said curve, (said curve being curved
792	concave to the West and having a radius of 195.00
793	feet; a delta angle of 39°31'10", a chord distance of
794	131.85 feet, and a chord bearing of N05°14'51"E) a
795	distance of 134.50 feet to the Southeast corner of the
796	Plat of Viera Central PUD, Tract 12, Unit 1, Parcels
797	1-3, Phase 5 (Plat Book 45, Page 22, Public Records of
798	Brevard County, Florida) and a non-tangent
799	intersection with a curve to the left; Thence along
800	the South line of said Plat and the arc of said curve,
801	(said curve being concave to the Southeast and having
802	a radius of 750.00 feet; a radial bearing of
803	S25°55'03"E, a delta angle of 47°24'20", a chord
804	distance of 602.99 feet; and a chord bearing of
805	S40°22'47"W) a distance of 620.54 feet to the end of
806	said curve; thence S76°30'35"W, 326.62 feet to the
807	Southwest corner of said plat and a point on the East
808	line of the Plat of Trafford West (Plat Book 51, Page
809	54, Public Records of Brevard County, Florida) and a
810	non-tangent intersection with a curve to the right;
811	Thence along the East line of said plat and arc of
812	said curve, (said curve being concave to the West and
813	having a radius of 3025.00 feet; a delta angle of
814	01°51'26", a chord distance of 98.06 feet; and a chord
815	bearing of S12°33'47"E) a distance of 98.06 feet to a
816	non-tangent intersection with the Southerly boundary
817	of said plat; thence along said Southerly boundary the
818	following 5 courses and distances:
819	1)  S89°08'33"W, 217.69 feet;
820	2)  S35°10'57"W, 136.27 feet;
821	3)  S00°51'27"E, 242.81 feet;
822	4)  S89°08'33"W, 725.22 feet;
823	5)  N00°51'27"W, 898.20 feet to the Northwest corner
824	of Tract A of said Trafford West, and a point on the
825	South Right-of-Way line of Trafford Drive; thence
826	S89°08'33"W along said Right-of-Way line of Trafford
827	Drive, 50.00 feet to the Southwest corner of Trafford
828	Drive; thence N00°51'27"W along the West line of
829	Trafford Drive, 100.00 feet to the Northwest corner of
830	Trafford Drive; thence N89°08'33"E along the North
831	Right-of-Way line of Trafford Drive, 70.79 feet to the
832	Southwest corner of that certain parcel of land
833	described in Official Records Book 4939, Page 1184;
834	thence N00°51'24"W, along the West line of said
835	parcel, 401.50 feet to the Northwest corner of said
836	parcel; thence N89°08'33"E, along the North line of
837	said Parcel, 590.76 feet to the Northeast corner of
838	said parcel and a point on the West Right-of-Way line
839	of Lake Andrew Drive (150' Right-of Way, Tract G-1,
840	Plat of Viera Central PUD, Tract 12, Unit 1, Parcels
841	1-3, Phase 4, Plat Book 44, Pages 91-92); thence
842	N31°59'26"W along said West Right-of-Way, 1061.84 feet
843	to the beginning of a curve to the right; Thence along
844	the arc of said curve, (said curve being concave to
845	the Northeast and having a radius of 7025.00 feet; a
846	delta angle of 10°02'20", a chord distance of 242.21
847	feet, and a chord bearing of N26°58'16"W) a distance
848	of 363.57 feet to the end of said curve; thence
849	S69°25'46"W, 700.00 feet; thence N20°34'14"W, 100.00
850	feet; thence S69°25'46"W, 208.37 feet; thence
851	S89°08'33"W, 566.39 feet; thence S44°08'33"W, 1022.48
852	feet; thence S89°08'33"W, 150.00 feet; thence
853	N00°51'27"W, 318.85 feet; thence S89°08'33"W, 40.00
854	feet; thence N00°51'27"W, 40.00 feet; thence
855	S89°08'33"W, 1293.68 feet; thence N00°51'27"W, 1059.47
856	feet; thence S89°08'33"W, 150.00 feet; thence
857	S00°51'27"E, 438.26 feet; thence S89°08'33"W, 1552.65
858	feet; thence N00°35'21"E, 849.03 feet to a point on
859	the South Right-of Way line of Wickham Road (Plat of
860	Wickham Road Extension, Plat Book 50, Page 10, Public
861	Records of Brevard County, Florida); thence
862	S89°08'33"W along the South line of said plat, 2225.96
863	feet to the Southwest corner of said Plat; thence
864	N00°51'27"W along the West line of said plat, 150.00
865	feet to the Northwest corner of said plat of Wickham
866	Road Extension, and a point on the South line of the
867	Plat of Heritage Isle - Phase 1 (Plat Book 50, Pages
868	61-66, Public Records of Brevard County, Florida);
869	thence S89°08'33"W along the South line of said plat
870	of Heritage Isle ? Phase 1, 1772.10 feet to a point on
871	the West line of the Viera Development of Regional
872	Impact (DRI) (as described in the BREVARD COUNTY
873	RESOLUTION 01-391, Public Records of Brevard County,
874	Florida) and the West line of Section 8, Township 26
875	South, Range 36 East; thence N00°35'22"W along the
876	West line of said Viera DRI and Section 8, 5227.90
877	feet to the Southwest Corner of Section 5, Township 26
878	South, Range 36 East; thence N00°33'35"W along the
879	West line of said Section 5, 5290.28 feet to the
880	Southwest corner of Section 32, Township 25 South,
881	Range 36 East thence N00°31'18"E along the West line
882	of said Section 32, 4667.92 feet; thence N66°33'30"E,
883	N66°33'30"E, 1990.78 feet to the beginning of a
884	curve to the left; Thence along the arc of said curve,
885	(said curve being curved concave to the Northwest and
886	having a radius of 2988.25 feet; a delta angle of
887	28°53'46", a chord distance of 1491.15 feet; , and a
888	chord bearing of N52°06'37"E) a distance of 1507.07
889	feet to the end of said curve and an intersection with
890	a non-tangent line; thence N26°25'15"W, along said
891	non-tangent line, 1508.04 feet; thence N00°33'05"W,
892	N00°33'05"W, 470.00 feet; thence N45°39'16"W, 1200
893	470.00 feet; thence N45°39'16"W, 1200.05 feet; thence
894	S89°26'55"W, 150.00 feet; thence N45°51'06"W, 274.34
895	feet; thence N00°33'05"W, 1456.41 feet to a point on
896	the North line of Section 29, Township 25 South, Range
897	36 East; thence S89°20'44"W along the North line of
898	said Section 29, 1153.36 feet to the Northeast corner
899	of Section 30, Township 25 South, Range 36 East;
900	Thence S89°23'19"W along the North line of said
901	Section 30, 2789.62 feet to the POINT OF BEGINNING.
902	Subject to Easements, Restrictions, Reservations and
903	Rights-of-way of record.
904	LESS AND EXCEPT those certain parcels of land
905	described in Official Records Book 2951, Page 1574;
906	Official Records Book 3412, Page 4823; Official
907	Records Book 4203, Page 2463; Official Records Book
908	5262, Page 3838; AND LESS AND EXCEPT that certain
909	parcel of land described in Civil Action Documents 96-
910	16731-CA-F; all being recorded in the Public Records
911	of Brevard County, Florida.
912	TOGETHER WITH that certain parcel described in
913	Official Records Book 5262, Page 3836, Public Records
914	of Brevard County, Florida
915	Section 5.  Board of supervisors; members and meetings;
916	organization; powers; duties; terms of office; related election
917	requirements.--
918	(1)  The board of the district shall exercise the powers
919	granted to the district pursuant to this act. The board shall
920	consist of five members, each of whom shall hold office for a
921	term of 4 years, as provided in this section, except as
922	otherwise provided herein for initial board members, and until a
923	successor is chosen and qualified. The members of the board must
924	be residents of the state and citizens of the United States.
925	(2)(a)  Within 90 days following the effective date of the
926	law establishing the district, there shall be held a meeting of
927	the landowners of the district for the purpose of electing five
928	supervisors for the district. Notice of the landowners' meeting
929	shall be published once a week for 2 consecutive weeks in a
930	newspaper which is in general circulation in the area of the
931	district, the last day of such publication to be not fewer than
932	14 days or more than 28 days before the date of the election.
933	The landowners, when assembled at such meeting, shall organize
934	by electing a chair, who shall conduct the meeting. The chair
935	may be any person present at the meeting. If the chair is a
936	landowner or proxy holder of a landowner, he or she may nominate
937	candidates and make and second motions. The landowners present
938	at the meeting, in person or by proxy, shall constitute a
939	quorum. At any landowners' meeting, 50 percent of the district
940	acreage shall not be required to constitute a quorum, and each
941	governing board member elected by landowners shall be elected by
942	a majority of the acreage represented either by owner or proxy
943	present and voting at said meeting.
944	(b)  At such meeting, each landowner shall be entitled to
945	cast one vote per acre of land owned by him or her and located
946	within the district for each person to be elected. A landowner
947	may vote in person or by proxy in writing. Each proxy must be
948	signed by one of the legal owners of the property for which the
949	vote is cast and must contain the typed or printed name of the
950	individual who signed the proxy; the street address, legal
951	description of the property, or tax parcel identification
952	number; and the number of authorized votes. If the proxy
953	authorizes more than one vote, each property must be listed and
954	the number of acres of each property must be included. The
955	signature on a proxy need not be notarized. A fraction of an
956	acre shall be treated as 1 acre, entitling the landowner to one
957	vote with respect thereto. The two candidates receiving the
958	highest number of votes shall be elected for a term expiring
959	November 18, 2008, and the three candidates receiving the next
960	largest number of votes shall be elected for a term expiring
961	November 7, 2006, with the term of office for each successful
962	candidate commencing upon election. The members of the first
963	board elected by landowners shall serve their respective terms;
964	however, the next election of board members shall be held on the
965	first Tuesday after the first Monday in November 2006.
966	Thereafter, there shall be an election by landowners for the
967	district every 2 years on the first Tuesday after the first
968	Monday in November, which shall be noticed pursuant to paragraph
969	(a). The second and subsequent landowners' election shall be
970	announced at a public meeting of the board at least 90 days
971	prior to the date of the landowners' meeting and shall also be
972	noticed pursuant to paragraph (a). Instructions on how all
973	landowners may participate in the election, along with sample
974	proxies, shall be provided during the board meeting that
975	announces the landowners' meeting. Each supervisor elected in or
976	after November 2006 shall serve a 4-year term, unless the
977	supervisor is elected to complete a term created by a vacancy in
978	the office.
979	(3)(a)1.  The board may not exercise the ad valorem taxing
980	power or the general obligation bond power authorized by this
981	act until such time as all members of the board are qualified
982	electors who are elected by qualified electors of the district.
983	2.a.  Regardless of whether the district has proposed to
984	levy ad valorem taxes or issue general obligation bonds, board
985	members shall begin being elected by qualified electors of the
986	district as the district becomes populated with qualified
987	electors. The transition shall occur such that the composition
988	of the board, after the first general election following a
989	trigger as set forth below, shall be as follows:
990	(I)  Five years following the creation of the district, one
991	governing board member shall be a person who was elected by the
992	qualified electors and four governing board members shall be
993	persons who were elected by the landowners.
994	(II)  Ten years following the creation of the district, two
995	governing board members shall be persons who were elected by the
996	qualified electors and three governing board members shall be
997	persons elected by the landowners.
998	(III)  When the district is populated by 60 percent of the
999	projected total qualified electors, three governing board
1000	members shall be persons who were elected by the qualified
1001	electors and two governing members shall be persons who were
1002	elected by the landowners.
1003	(IV)  Three years following the trigger in sub-sub-
1004	subparagraph (III), four governing board members shall be
1005	persons who were elected by the qualified electors and one
1006	governing board member shall be a person who was elected by the
1007	landowners.
1008	(V)  Five years following the trigger in subparagraph
1009	(III), all five governing board members shall be persons who
1010	were elected by the qualified electors.
1011
1012	For purposes of this subparagraph, "projected total qualified
1013	electors" shall mean and refer to the product of: (the total
1014	number of single-family and multi-family units approved within
1015	the district by a development order issued by Brevard County and
1016	in effect in the tenth year following creation of the district)
1017	x (the average number of persons residing within a household
1018	located within Brevard County based on the 2010 U.S. Census) x
1019	(the percentage of Brevard County's general population
1020	registered to vote as reported by the Brevard County Supervisor
1021	of Elections as of the general election occurring November
1022	2014).
1023	Nothing in this sub-subparagraph is intended to require an
1024	election prior to the expiration of an existing board member's
1025	term.
1026	b.  On or before June 1, 2016, the board shall determine
1027	the number of projected qualified electors in the district as of
1028	the immediately preceding April 15. Additionally, on or before
1029	June 1, 2016, and each year thereafter until the trigger in
1030	subparagraph (III) is met, the board shall determine the actual
1031	number of qualified electors in the district as of the
1032	immediately preceding April 15. The board shall use and rely
1033	upon the official records maintained by the supervisor of
1034	elections and property appraiser or tax collector in each county
1035	in making this determination. Such determination shall be made
1036	at a properly noticed meeting of the board and shall become a
1037	part of the official minutes of the district.
1038	c.  All governing board members elected by qualified
1039	electors shall be elected at large at an election occurring as
1040	provided in subsection (2) and this subsection.
1041	d.  Once the district qualifies to have any of its board
1042	members elected by the qualified electors of the district, the
1043	initial and all subsequent elections by the qualified electors
1044	of the district shall be held at the general election in
1045	November, except as provided in sub-subparagraph e. The board
1046	shall adopt a resolution if necessary to this requirement. The
1047	transition process described herein is intended to be in lieu of
1048	the process set forth in section 189.4051, Florida Statutes.
1049	e.  If, during the term of office, a vacancy occurs, the
1050	remainder of the unexpired term shall be filled as follows:
1051	(I)  If the vacancy arises with respect to a supervisor
1052	that was elected by landowners, the vacancy shall be filled by a
1053	supervisor elected by the landowners; and
1054	(II)  If the vacancy arises with respect to a supervisor
1055	that was elected by the qualified electors of the district, the
1056	vacancy shall be filled by a supervisor elected by the qualified
1057	electors of the district, in which case the district shall be
1058	responsible for paying the expenses associated with any special
1059	election that is required to be conducted.
1060	(b)  Elections of board members by qualified electors held
1061	pursuant to this subsection shall be nonpartisan and shall be
1062	conducted in the manner prescribed by law for holding general
1063	elections. Board members shall assume the office on the second
1064	Tuesday following their election.
1065	(c)  Candidates seeking election to office by qualified
1066	electors under this subsection shall conduct their campaigns in
1067	accordance with the provisions of chapter 106, Florida Statutes,
1068	and shall file qualifying papers and qualify for individual
1069	seats in accordance with section 99.061, Florida Statutes.
1070	Candidates shall pay a qualifying fee, which shall consist of a
1071	filing fee and an election assessment or, as an alternative,
1072	shall file a petition signed by not less than 1 percent of the
1073	registered voters of the district, and take the oath required in
1074	section 99.021, Florida Statutes, with the supervisor of
1075	elections in the county affected by such candidacy. The amount
1076	of the filing fee is 3 percent of $4,800; however, if the
1077	electors have provided for compensation, the amount of the
1078	filing fee is 3 percent of the maximum annual compensation so
1079	provided. The amount of the election assessment is 1 percent of
1080	$4,800; however, if the electors have provided for compensation,
1081	the amount of the election assessment is 1 percent of the
1082	maximum annual compensation so provided. The filing fee and
1083	election assessment shall be distributed as provided in section
1084	105.031(3), Florida Statutes.
1085	(d)  The supervisors of elections shall appoint the
1086	inspectors and clerks of elections, prepare and furnish the
1087	ballots, designate polling places, and canvass the returns of
1088	the election of board members by qualified electors. The county
1089	canvassing boards shall declare and certify the results of the
1090	election.
1091	(4)  Members of the board, regardless of how elected, shall
1092	be public officers, shall be known as supervisors, and, upon
1093	entering into office, shall take and subscribe to the oath of
1094	office as prescribed by section 876.05, Florida Statutes.
1095	Members of the board shall be subject to ethics and conflict of
1096	interest laws of the state that apply to all local public
1097	officers. They shall hold office for the terms for which they
1098	were elected or appointed and until their successors are chosen
1099	and qualified.
1100	(5)  Any elected board member may be removed by the
1101	Governor for malfeasance, misfeasance, dishonesty, incompetency,
1102	or failure to perform the duties imposed upon him or her by this
1103	act, and any vacancies that may occur in such office for such
1104	reasons shall be filled by the Governor as soon as practicable.
1105	(6)  A majority of the members of the board constitutes a
1106	quorum for the purposes of conducting its business and
1107	exercising its powers and for all other purposes. Action taken
1108	by the district shall be upon a vote of a majority of the
1109	members present unless general law or a rule of the district
1110	requires a greater number.
1111	(7)  As soon as practicable after each election or
1112	appointment, the board shall organize by electing one of its
1113	members as chair and by electing a secretary, who need not be a
1114	member of the board, and such other officers as the board may
1115	deem necessary.
1116	(8)  The board shall keep a permanent record book entitled
1117	"Record of Proceedings of Viera Stewardship District," in which
1118	shall be recorded minutes of all meetings, resolutions,
1119	proceedings, certificates, bonds given by all employees, and any
1120	and all corporate acts. The record book and all other district
1121	records shall at reasonable times be opened to inspection in the
1122	same manner as state, county, and municipal records pursuant to
1123	chapter 119, Florida Statutes. The record book shall be kept at
1124	the office or other regular place of business maintained by the
1125	board in a designated location in Brevard County.
1126	(9)  Each supervisor shall be entitled to receive for his
1127	or her services an amount not to exceed $200 per board meeting,
1128	not to exceed $4,800 per year per supervisor, or an amount
1129	established by the electors at a referendum. In addition, each
1130	supervisor shall receive travel and per diem expenses as set
1131	forth in section 112.061, Florida Statutes.
1132	(10)  All meetings of the board shall be open to the public
1133	and governed by the provisions of chapter 286, Florida Statutes.
1134	Section 6.  Board of supervisors; general duties.--
1135	(1)  DISTRICT MANAGER AND EMPLOYEES.--The board shall
1136	employ and fix the compensation of a district manager, who shall
1137	have charge and supervision of the works of the district and
1138	shall be responsible for preserving and maintaining any
1139	improvement or facility constructed or erected pursuant to the
1140	provisions of this act, for maintaining and operating the
1141	equipment owned by the district, and for performing such other
1142	duties as may be prescribed by the board. It shall not be a
1143	conflict of interest under chapter 112, Florida Statutes, for a
1144	board member, the district manager, or another employee of the
1145	district to be a stockholder, officer, or employee of a
1146	landowner. The district manager may hire or otherwise employ and
1147	terminate the employment of such other persons, including,
1148	without limitation, professional, supervisory, and clerical
1149	employees, as may be necessary and authorized by the board. The
1150	compensation and other conditions of employment of the officers
1151	and employees of the district shall be as provided by the board.
1152	(2)  TREASURER.--The board shall designate a person who is
1153	a resident of the state as treasurer of the district, who shall
1154	have charge of the funds of the district. Such funds shall be
1155	disbursed only upon the order of or pursuant to a resolution of
1156	the board by warrant or check countersigned by the treasurer and
1157	by such other person as may be authorized by the board. The
1158	board may give the treasurer such other or additional powers and
1159	duties as the board may deem appropriate and may fix his or her
1160	compensation. The board may require the treasurer to give a bond
1161	in such amount, on such terms, and with such sureties as may be
1162	deemed satisfactory to the board to secure the performance by
1163	the treasurer of his or her powers and duties. The financial
1164	records of the board shall be audited by an independent
1165	certified public accountant at least once a year.
1166	(3)  PUBLIC DEPOSITORY.--The board is authorized to select
1167	as a depository for its funds any qualified public depository as
1168	defined in section 280.02, Florida Statutes, which meets all the
1169	requirements of chapter 280, Florida Statutes, and has been
1170	designated by the treasurer as a qualified public depository
1171	upon such terms and conditions as to the payment of interest by
1172	such depository upon the funds so deposited as the board may
1173	deem just and reasonable.
1174	(4)  BUDGET; REPORTS AND REVIEWS.--
1175	(a)  The district shall provide financial reports in such
1176	form and such manner as prescribed pursuant to this act and
1177	chapter 218, Florida Statutes, as amended from time to time.
1178	(b)  On or before July 15 of each year, the district
1179	manager shall prepare a proposed budget for the ensuing fiscal
1180	year to be submitted to the board for board approval. The
1181	proposed budget shall include at the direction of the board an
1182	estimate of all necessary expenditures of the district for the
1183	ensuing fiscal year and an estimate of income to the district
1184	from the taxes and assessments provided in this act. The board
1185	shall consider the proposed budget item by item and may either
1186	approve the budget as proposed by the district manager or modify
1187	the same in part or in whole. The board shall indicate its
1188	approval of the budget by resolution, which resolution shall
1189	provide for a hearing on the budget as approved. Notice of the
1190	hearing on the budget shall be published in a newspaper of
1191	general circulation in the area of the district once a week for
1192	2 consecutive weeks, except that the first publication shall be
1193	not fewer than 15 days prior to the date of the hearing. The
1194	notice shall further contain a designation of the day, time, and
1195	place of the public hearing. At the time and place designated in
1196	the notice, the board shall hear all objections to the budget as
1197	proposed and may make such changes as the board deems necessary.
1198	At the conclusion of the budget hearing, the board shall, by
1199	resolution, adopt the budget as finally approved by the board.
1200	The budget shall be adopted prior to October 1 of each year.
1201	(c)  At least 60 days prior to adoption, the Board of
1202	Supervisors of the district shall submit to the Brevard County
1203	Board of County Commissioners, for purposes of disclosure and
1204	information only, the proposed annual budget for the ensuing
1205	fiscal year, and the Board of County Commissioners may submit
1206	written comments to the Board of Supervisors solely for the
1207	assistance and information of the Board of Supervisors of the
1208	district in adopting its annual district budget.
1209	(d)  The Board of Supervisors of the district shall submit
1210	annually, to the Board of County Commissioners of Brevard
1211	County, its district public facilities report under section
1212	189.415(2), Florida Statutes, or the most recent Development of
1213	Regional Impact report required by section 380.06(15) and (18),
1214	Florida Statutes, to the extent the report provides the
1215	information required by section 189.415(2), Florida Statutes,
1216	which reports the board of county commissioners shall use and
1217	rely upon in the preparation or revision of its comprehensive
1218	plan, specifically under section 189.415(6), Florida Statutes.
1219	(5)  DISCLOSURE OF PUBLIC FINANCING.--The district shall
1220	take affirmative steps to provide for the full disclosure of
1221	information relating to the public financing and maintenance of
1222	improvements to real property undertaken by the district. Such
1223	information shall be made available to all existing residents
1224	and all prospective residents of the district. The district
1225	shall furnish each developer of a residential development within
1226	the district with sufficient copies of that information to
1227	provide each prospective initial purchaser of property in that
1228	development with a copy; and any developer of a residential
1229	development within the district, when required by law to provide
1230	a public offering statement, shall include a copy of such
1231	information relating to the public financing and maintenance of
1232	improvements in the public offering statement. The Division of
1233	Florida Land Sales, Condominiums, and Mobile Homes of the
1234	Department of Business and Professional Regulation shall ensure
1235	that disclosures made by developers pursuant to chapter 498,
1236	Florida Statutes, meet the requirements of section 190.009(l),
1237	Florida Statutes.
1238	(6)  GENERAL POWERS.--The district shall have, and the
1239	board may exercise, the following general powers, together with
1240	all other general powers authorized under chapters 189 and 190:
1241	(a)  To sue and be sued in the name of the district; to
1242	adopt and use a seal and authorize the use of a facsimile
1243	thereof; to acquire, by purchase, gift, devise, or otherwise,
1244	and to own and dispose of, real and personal property, or any
1245	estate therein; and to make and execute contracts and other
1246	instruments necessary or convenient to the exercise of its
1247	powers.
1248	(b)  To apply for coverage of its employees under the
1249	Florida Retirement System in the same manner as if such
1250	employees were state employees, subject to necessary action by
1251	the district to pay employer contributions into the Florida
1252	Retirement System Trust Fund.
1253	(c)  To contract for the services of consultants to perform
1254	planning, engineering, legal, or other appropriate services of a
1255	professional nature. Such contracts shall be subject to public
1256	bidding or competitive negotiation requirements as set forth in
1257	general law applicable to independent special districts.
1258	(d)  To borrow money and accept gifts; to apply for and use
1259	grants or loans of money or other property from the United
1260	States, the state, a unit of local government, or any person for
1261	any district purposes and enter into agreements required in
1262	connection therewith; and to hold, use, and dispose of such
1263	moneys or property for any district purposes in accordance with
1264	the terms of the gift, grant, loan, or agreement relating
1265	thereto.
1266	(e)  To adopt and enforce rules and orders pursuant to the
1267	provisions of chapter 120, Florida Statutes, prescribing powers,
1268	duties, and functions of the officers of the district; the
1269	conduct of the business of the district; the maintenance of
1270	records; and the form of certificates evidencing tax liens and
1271	all other documents and records of the district. The board may
1272	also adopt and enforce administrative rules with respect to any
1273	of the projects of the district and define the area to be
1274	included therein. The board may also adopt resolutions which may
1275	be necessary for the conduct of district business.
1276	(f)  To maintain an office at such place or places as the
1277	board of supervisors designates in Brevard County, and within
1278	the district when facilities are available.
1279	(g)  To hold, control, and acquire by donation, purchase,
1280	or condemnation, or dispose of, any public easements,
1281	dedications to public use, platted reservations for public
1282	purposes, or any reservations for those purposes authorized by
1283	this act and to make use of such easements, dedications, or
1284	reservations for the purposes authorized by this act.
1285	(h)  To lease as lessor or lessee to or from any person,
1286	firm, corporation, association, or body, public or private, any
1287	projects of the type that the district is authorized to
1288	undertake and facilities or property of any nature for the use
1289	of the district to carry out the purposes authorized by this
1290	act.
1291	(i)  To borrow money and issue bonds, certificates,
1292	warrants, notes, or other evidence of indebtedness as
1293	hereinafter provided; to levy such taxes and assessments as may
1294	be authorized; and to charge, collect, and enforce fees and
1295	other user charges.
1296	(j)  To raise, by user charges or fees authorized by
1297	resolution of the board, amounts of money which are necessary
1298	for the conduct of district activities and services and the
1299	maintenance of district facilities and to enforce their receipt
1300	and collection in the manner prescribed by resolution not
1301	inconsistent with law.
1302	(k)  To exercise within the district, or beyond the
1303	district with prior approval by vote of a resolution of the
1304	governing body of Brevard County if the taking will occur in an
1305	unincorporated area in that county, the right and power of
1306	eminent domain, pursuant to the provisions of chapters 73 and
1307	74, Florida Statutes, over any property within the state, except
1308	municipal, county, state, and federal property, for the uses and
1309	purpose of the district relating solely to water, sewer,
1310	district roads, and water management and control, specifically
1311	including, without limitation, the power for the taking of
1312	easements for the drainage of the land of one person over and
1313	through the land of another.
1314	(l)  To cooperate with, or contract with, other
1315	governmental agencies as may be necessary, convenient,
1316	incidental, or proper in connection with any of the powers,
1317	duties, or purposes authorized by this act.
1318	(m)  To assess and to impose upon lands in the district ad
1319	valorem taxes as provided by this act.
1320	(n)  If and when authorized by general law to determine,
1321	order, levy, impose, collect, and enforce maintenance taxes.
1322	(o)  To determine, order, levy, impose, collect, and
1323	enforce assessments pursuant to this act and chapter 170,
1324	Florida Statutes, as amended from time to time, pursuant to
1325	authority granted in section 197.3631, Florida Statutes, or
1326	pursuant to other provisions of general law now or hereinafter
1327	enacted which provide or authorize a supplemental means to
1328	order, levy, impose, or collect special assessments. Such
1329	special assessments, in the discretion of the district, may be
1330	collected and enforced pursuant to the provisions of sections
1331	197.3632 and 197.3635, Florida Statutes, and chapters 170 and
1332	173, Florida Statutes, as they may be amended from time to time,
1333	or as provided by this act, or by other means authorized by
1334	general law now or hereinafter enacted.
1335	(p)  To exercise such special powers and other express
1336	powers as may be authorized and granted by this act in the
1337	charter of the district, including powers as provided in any
1338	interlocal agreement entered into pursuant to chapter 163,
1339	Florida Statutes, or which shall be required or permitted to be
1340	undertaken by the district pursuant to any development order or
1341	development of regional impact, including any interlocal service
1342	agreement with Brevard County for proportionate, fair-share, or
1343	pipelining capital construction funding for any certain capital
1344	facilities or systems required of the developer pursuant to any
1345	applicable development order or agreement.
1346	(q)  To exercise all of the powers necessary, convenient,
1347	incidental, or proper in connection with any other powers or
1348	duties or the special purpose of the district authorized by this
1349	act.
1350
1351	The provisions of this subsection shall be construed liberally
1352	in order to carry out effectively the specialized purpose of
1353	this act.
1354	(7)  SPECIAL POWERS.--The district shall have, and the
1355	board may exercise, the following special powers to implement
1356	its lawful and special purpose and to provide, pursuant to that
1357	purpose, systems, facilities, services, improvements, projects,
1358	works, and infrastructure, each of which constitutes a lawful
1359	public purpose when exercised pursuant to this charter, subject
1360	to, and not inconsistent with, the regulatory jurisdiction and
1361	permitting authority of all other applicable governmental
1362	bodies, agencies, and any special districts having authority
1363	with respect to any area included therein, and to plan,
1364	establish, acquire, construct or reconstruct, enlarge or extend,
1365	equip, operate, finance, fund, and maintain improvements,
1366	systems, facilities, services, works, projects, and
1367	infrastructure. Any or all of the following special powers are
1368	granted by this act in order to implement the special purpose of
1369	the district:
1370	(a)  To provide water management and control for the lands
1371	within the district and to connect some or any of such
1372	facilities with roads and bridges and to construct, acquire and
1373	operate any dam, work, appurtenant work, impoundment, or
1374	reservoir and any connecting, intercepting or outlet mains and
1375	pipes in, along or under any street, alley, highway or other
1376	public place or ways; including, but not limited to, acquiring,
1377	operating, maintaining, repairing and improving water management
1378	and control facilities necessary for the collection, storage
1379	control, development, utilization and distribution of nonpotable
1380	waters for irrigation purposes.
1381	(b)  To provide water systems, sewer systems, and
1382	wastewater management, reclamation and reuse, or any combination
1383	thereof, and to construct and operate connecting intercepting or
1384	outlet sewers and sewer mains and pipes and water mains,
1385	conduits, or pipelines in, along, and under any street, alley,
1386	highway, or other public place or ways, and to dispose of any
1387	effluent, residue, or other byproducts of such system or sewer
1388	system.
1389	1.  The district may not purchase or sell a water, sewer,
1390	or wastewater reuse utility that provides service to the public
1391	for compensation, or enter into a wastewater facility
1392	privatization contract for a wastewater facility, until the
1393	governing body of the district has held a public hearing on the
1394	purchase, sale, or wastewater facility privatization contract
1395	and made a determination that the purchase, sale, or wastewater
1396	facility privatization contract is in the public interest. This
1397	limitation is not applicable to an irrigation water utility
1398	provided pursuant to paragraph (a).
1399	2.  In determining if the purchase, sale, or wastewater
1400	facility privatization contract is in the public interest, the
1401	district shall consider, at a minimum, the following:
1402	a.  The most recent available income and expense statement
1403	for the utility.
1404	b.  The most recent available balance sheet for the
1405	utility, listing assets and liabilities and clearly showing the
1406	amount of contributions in aid of construction and the
1407	accumulated depreciation thereon.
1408	c.  A statement of the existing rate base of the utility
1409	for regulatory purposes.
1410	d.  The physical condition of the utility facilities being
1411	purchased or sold or subject to a wastewater facility
1412	privatization contract.
1413	e.  The reasonableness of the purchase, sale, or wastewater
1414	facility privatization contract price and terms.
1415	f.  The impacts of the purchase, sale, or wastewater
1416	facility privatization contract on utility customers, both
1417	positive and negative.
1418	g.  Any additional investment required and the ability and
1419	willingness of the purchaser or the private firm under a
1420	wastewater facility privatization contract to make that
1421	investment, whether the purchaser is the district or the entity
1422	purchasing the utility from the district.
1423	h.  In the case of a wastewater facility privatization
1424	contract, the terms and conditions on which the private firm
1425	will provide capital investment and financing or a combination
1426	thereof for contemplated capital replacements, additions,
1427	expansions, and repairs.
1428	i.  The alternatives to the purchase, sale, or wastewater
1429	facility privatization contract and the potential impact on
1430	utility customers if the purchase, sale, or wastewater facility
1431	privatization contract is not made.
1432	j.  The ability of the purchaser or the private firm under
1433	a wastewater facility privatization contract to provide and
1434	maintain high-quality and cost-effective utility service,
1435	whether the purchaser is the district or the entity purchasing
1436	the utility from the district.
1437	k.  In the case of a wastewater facility privatization
1438	contract, the district shall give significant weight to the
1439	technical expertise and experience of the private firm in
1440	carrying out the obligations specified in the wastewater
1441	facility privatization contract.
1442	l.  All moneys paid by a private firm to a district
1443	pursuant to a wastewater facility privatization contract shall
1444	be used for the purpose of reducing or offsetting property
1445	taxes, wastewater service rates, or debt reduction or making
1446	infrastructure improvements or capital asset expenditures or
1447	other public purpose, provided, however, that nothing herein
1448	shall preclude the district from using all or part of the moneys
1449	for the purpose of the district's qualification for relief from
1450	the repayment of federal grant awards associated with the
1451	wastewater system as may be required by federal law or
1452	regulation. The district shall prepare a statement showing that
1453	the purchase, sale, or wastewater facility privatization
1454	contract is in the public interest, including a summary of the
1455	purchaser's or private firm's experience in water, sewer, or
1456	wastewater reuse utility operation and a showing of financial
1457	ability to provide the service, whether the purchaser or private
1458	firm is the district or the entity purchasing the utility from
1459	the district.
1460	(c)  To provide bridges or culverts that may be needed
1461	across any drain, ditch, canal, floodway, holding basin,
1462	excavation, public highway, tract, grade, fill, or cut and
1463	roadways over levees and embankments, and to construct any and
1464	all of such works and improvements across, through, or over any
1465	public right-of way, highway, grade, fill, or cut.
1466	(d)  To provide public roads and related improvements equal
1467	to or exceeding the specifications of Brevard County, including,
1468	but not limited to transportation improvements necessary to
1469	comply with conditions of development approval applicable to
1470	lands within the district. This special power includes, but is
1471	not limited to, roads, parkways, interchanges, bridges,
1472	landscaping, hardscaping, irrigation, bicycle lanes, jogging
1473	paths, street lighting, traffic signals, regulatory or
1474	informational signage, road striping, underground conduit,
1475	underground cable or fiber or wire installed to pursuant an
1476	agreement with or tariff of a retail provider of services, and
1477	all other related improvements and the elements of a functioning
1478	modern road system in general or as related to the conditions of
1479	development approval for the lands within the district, together
1480	with transportation improvements and facilities that are
1481	freestanding or that may be related to any innovative strategic
1482	intermodal system of transportation pursuant to applicable
1483	federal, state, and local law and ordinance.
1484	(e)  To provide buses, trolleys, transit shelters,
1485	ridesharing facilities and services, parking improvements, and
1486	related signage.
1487	(f)  To provide investigation and remediation costs
1488	associated with the cleanup of actual or perceived environmental
1489	contamination within the district under the supervision or
1490	direction of a competent governmental authority unless the
1491	covered costs benefit any person who is a landowner within the
1492	district and who caused or contributed to the contamination.
1493	(g)  To provide conservation areas, mitigation areas,
1494	wilderness areas, and wildlife habitat, including the
1495	maintenance of any plant or animal species, and any related
1496	interest in real or personal property, and to evaluate, acquire,
1497	enhance, manage, monitor and maintain conservation, mitigation,
1498	and preservation lands and wildlife habitat.
1499	(h)  Using its general and special powers as set forth in
1500	this act, to provide any other project within or without the
1501	boundaries of the district when the project is the subject of an
1502	agreement between the district and the Board of County
1503	Commissioners of Brevard County or with any other applicable
1504	public or private entity, or is approved or required by a
1505	development order pursuant to sections 380.06 or sections
1506	380.061, Florida Statutes and is not inconsistent with the
1507	effective local comprehensive plan.
1508	(i)  To provide parks and facilities for indoor and outdoor
1509	recreational, cultural, and educational uses, provided, however,
1510	that in no event shall the district finance or own a golf
1511	course..
1512	(j)  To provide fire prevention and control, including fire
1513	stations, water mains and plugs, fire trucks, and other vehicles
1514	and equipment.
1515	(k)  To provide school buildings and related structures,
1516	which may be leased, sold, or donated to the school district,
1517	for use in the educational system when authorized by the
1518	district school board.
1519	(l)  To provide security, including, but not limited to,
1520	guardhouses, fences, and gates, electronic intrusion-detection
1521	systems, and patrol cars, when authorized by proper governmental
1522	agencies; however, the district may not exercise any powers of a
1523	law enforcement agency but may contract with the appropriate
1524	local general-purpose government agencies for an increased level
1525	of such services within the district boundaries. Notwithstanding
1526	any provision of general law, the district may operate
1527	guardhouses for the limited purpose of providing security for
1528	the residents of the district and which serve a predominate
1529	public, as opposed to private, purpose. Such guardhouses shall
1530	he operated by the district or any other unit of local
1531	government pursuant to procedures designed to serve such
1532	security purposes as set forth in rules adopted by the board,
1533	from time to time, following the procedures set forth in chapter
1534	120, Florida Statutes.
1535	(m)  To provide control and elimination of mosquitoes and
1536	other arthropods of public health importance.
1537	(n)  To provide waste collection and disposal.
1538	(o)  To enter into impact fee credit agreements.
1539	(p)  To provide buildings and structures for district
1540	offices, maintenance facilities, meeting facilities, community
1541	centers, or any other project authorized or granted by this act.
1542	(q)  To establish and create, at noticed meetings, such
1543	governmental departments of the Board of Supervisors of the
1544	district, as well as committees, task forces, boards, or
1545	commissions, or other agencies under the supervision and control
1546	of the district, as from time to time the board may deem
1547	necessary or desirable in the performance of the acts or other
1548	things necessary to exercise the board's general or special
1549	powers to implement an innovative project to carry out the
1550	special purpose of the district as provided in this act and to
1551	delegate the exercise of its powers to such departments, boards,
1552	task forces, committees or other agencies and such
1553	administrative duties and other powers as the board may deem
1554	necessary or desirable but only if there is a set of expressed
1555	limitations for accountability, notice, and periodic written
1556	reporting to the board that shall retain the powers of the
1557	board.
1558	(r)  To adopt and enforce appropriate rules following the
1559	procedures of chapter 120, in connection with the provision of
1560	one or more services through its systems and facilities.
1561
1562	The enumeration of special powers herein shall not be deemed
1563	exclusive or restrictive but shall be deemed to incorporate
1564	powers express or implied necessary or incident to carrying out
1565	such enumerated special powers, including also the general
1566	powers provided by this special act charter to the district to
1567	implement its single purpose. Further, the provisions of this
1568	subsection shall be construed liberally in order to carry out
1569	effectively the special purpose of this district under this act.
1570	The district may exercise its powers to provide facilities for
1571	potable water, sewer, fire protection, mosquito control, waste
1572	collection and waste disposal services only if such facilities
1573	are to be dedicated to and operated by the county or a
1574	municipality already providing the service or if such county or
1575	municipality declines or is unable to provide the service at the
1576	time the service becomes necessary. Nothing herein:
1577	1.  Shall prevent the district from dedicating
1578	transportation or other facilities to the county or a
1579	municipality;
1580	2.  Shall be construed to authorize the district to provide
1581	or approve franchises for emergency medical ambulance services,
1582	which authority is reserved to Brevard County under chapter 71-
1583	556 Laws of Florida;
1584	3.  Is intended to authorize the imposition of impact fees
1585	based upon alleged police powers or regulatory powers of the
1586	district;
1587	4.  Is intended to limit the power of the county or a city
1588	to provide such facilities and to require landowners to utilize
1589	such facilities as a condition to development of lands within
1590	the district; or
1591	5.  Is intended to prohibit the district from providing
1592	additional services beyond those offered by the county or a
1593	municipality.
1594	(8)  ISSUANCE OF BOND ANTICIPATION NOTES.--In addition to
1595	the other powers provided for in this act, and not in limitation
1596	thereof, the district shall have the power, at any time and from
1597	time to time after the issuance of any bonds of the district
1598	shall have been authorized, to borrow money for the purposes for
1599	which such bonds are to be issued in anticipation of the receipt
1600	of the proceeds of the sale of such bonds and to issue bond
1601	anticipation notes in a principal sum not in excess of the
1602	authorized maximum amount of such bond issue. Such notes shall
1603	be in such denomination or denominations, bear interest at such
1604	rate as the board may determine not to exceed the maximum rate
1605	allowed by general law, mature at such time or times not later
1606	than 5 years from the date of issuance, and be in such form and
1607	executed in such manner as the board shall prescribe. Such notes
1608	may be sold at either public or private sale or, if such notes
1609	shall be renewal notes, may be exchanged for notes then
1610	outstanding on such terms as the board shall determine. Such
1611	notes shall be paid from the proceeds of such bonds when issued
1612	The board may, in its discretion, in lieu of retiring the notes
1613	by means of bonds, retire them by means of current revenues or
1614	from any taxes or assessments levied for the payment of such
1615	bonds, but, in such event, a like amount of the bonds authorized
1616	shall not be issued.
1617	(9)  BORROWING.--The district at any time may obtain loans,
1618	in such amount and on such terms and conditions as the board may
1619	approve, for the purpose of paying any of the expenses of the
1620	district or any costs incurred or that may be incurred in
1621	connection with any of the projects of the district, which loans
1622	shall bear interest as the board determines, not to exceed the
1623	maximum rate allowed by general law, and may be payable from and
1624	secured by a pledge of such funds, revenues, taxes, and
1625	assessments as the board may determine, subject, however, to the
1626	provisions contained in any proceeding under which bonds were
1627	theretofore issued and are then outstanding. For the purpose of
1628	defraying such costs and expenses, the district may issue
1629	negotiable notes, warrants, or other evidences of debt to be
1630	payable at such times and to bear such interest as the board may
1631	determine, not to exceed the maximum rate allowed by general
1632	law, and to be sold or discounted at such price or prices not
1633	less than 95 percent of par value and on such terms as the board
1634	may deem advisable. The board shall have the right to provide
1635	for the payment thereof by pledging the whole or any part of the
1636	funds, revenues, taxes, and assessments of the district. The
1637	approval of the electors residing in the district shall not be
1638	necessary except when required by the State Constitution.
1639	(10)  BONDS.--
1640	(a)  Sale of bonds.--Bonds may be sold in blocks or
1641	installments at different times, or an entire issue or series
1642	may be sold at one time. Bonds may be sold at public or private
1643	sale after such advertisement, if any, as the board may deem
1644	advisable but not in any event at less than 90 percent of the
1645	par value thereof, together with accrued interest thereon. Bonds
1646	may be sold or exchanged for refunding bonds. Special assessment
1647	and revenue bonds may be delivered by the district as payment of
1648	the purchase price of any project or part thereof, or a
1649	combination of projects or parts thereof, or as the purchase
1650	price or exchange for any property, real, personal, or mixed,
1651	including franchises or services rendered by any contractor,
1652	engineer, or other person, all at one time or in blocks from
1653	time to time, in such manner and upon such terms as the board in
1654	its discretion shall determine. The price or prices for any
1655	bonds sold, exchanged, or delivered may be:
1656	1.  The money paid for the bonds.
1657	2.  The principal amount, plus accrued interest to the date
1658	of redemption or exchange, or outstanding obligations exchanged
1659	for refunding bonds.
1660	3.  In the case of special assessment or revenue bonds, the
1661	amount of any indebtedness to contractors or other persons paid
1662	with such bonds, or the fair value of any properties exchanged
1663	for the bonds, as determined by the board.
1664	(b)  Authorization and form of bonds.--Any general
1665	obligation bonds, special assessment bonds, or revenue bonds may
1666	be authorized by resolution or resolutions of the board which
1667	shall be adopted by a majority of all the members thereof then
1668	in office. Such resolution or resolutions may be adopted at the
1669	same meeting at which they are introduced and need not be
1670	published or posted. The board may, by resolution, authorize the
1671	issuance of bonds and fix the aggregate amount of bonds to be
1672	issued; the purpose or purposes for which the moneys derived
1673	therefrom shall be expended, including, but not limited to,
1674	payment of costs as defined in section 2(2)(i); the rate or
1675	rates of interest, not to exceed the maximum rate allowed by
1676	general law; the denomination of the bonds; whether or not the
1677	bonds are to be issued in one or more series; the date or dates
1678	of maturity, which shall not exceed 40 years from their
1679	respective dates of issuance; the medium of payment; the place
1680	or places within or without the state at which payment shall be
1681	made; registration privileges; redemption terms and privileges,
1682	whether with or without premium; the manner of execution; the
1683	form of the bonds, including any interest coupons to be attached
1684	thereto; the manner of execution of bonds and coupons; and any
1685	and all other terms, covenants, and conditions thereof and the
1686	establishment of revenue or other funds. Such authorizing
1687	resolution or resolutions may further provide for the contracts
1688	authorized by section 159.825(l)(f) and (g), Florida Statutes,
1689	regardless of the tax treatment of such bonds being authorized,
1690	subject to the finding by the board of a net saving to the
1691	district resulting by reason thereof. Such authorizing
1692	resolution may further provide that such bonds may be executed
1693	in accordance with the Registered Public Obligations Act, except
1694	that bonds not issued in registered form shall be valid if
1695	manually countersigned by an officer designated by appropriate
1696	resolution of the board. The seal of the district may be
1697	affixed, lithographed, engraved, or otherwise reproduced in
1698	facsimile on such bonds. In case any officer whose signature
1699	shall appear on any bonds or coupons shall cease to be such
1700	officer before the delivery of such bonds, such signature or
1701	facsimile shall nevertheless be valid and sufficient for all
1702	purposes the same as if he or she had remained in office until
1703	such delivery.
1704	(c)  Interim certificates; replacement
1705	certificates.--Pending the preparation of definitive bonds, the
1706	board may issue interim certificates or receipts or temporary
1707	bonds, in such form and with such provisions as the board may
1708	determine, exchangeable for definitive bonds when such bonds
1709	have been executed and are available for delivery. The board may
1710	also provide for the replacement of any bonds which become
1711	mutilated lost, or destroyed.
1712	(d)  Negotiability of bonds.--Any bond issued under this
1713	act or any temporary bond, in the absence of an express recital
1714	on the face thereof that it is nonnegotiable, shall be fully
1715	negotiable and shall be and constitute a negotiable instrument
1716	within the meaning and for all purposes of the law merchant and
1717	the laws of the state.
1718	(e)  Defeasance.--The board may make such provision with
1719	respect to the defeasance of the right, title, and interest of
1720	the holders of any of the bonds and obligations of the district
1721	in any revenues, funds, or other properties by which such bonds
1722	are secured as the board deems appropriate and, without
1723	limitation on the foregoing, may provide that when such bonds or
1724	obligations become due and payable or shall have been called for
1725	redemption and the whole amount of the principal and interest
1726	and premium, if any, due and payable upon the bonds or
1727	obligations then outstanding shall be held in trust for such
1728	purpose, and provision shall also be made for paying all other
1729	sums payable in connection with such bonds or other obligations,
1730	then and in such event the right, title, and interest of the
1731	holders of the bonds in any revenues, funds, or other properties
1732	by which such bonds are secured shall thereupon cease,
1733	terminate, and become void; and the board may apply any surplus
1734	in any sinking fund established in connection with such bonds or
1735	obligations and all balances remaining in all other funds or
1736	accounts other than moneys held for the redemption or payment of
1737	the bonds or other obligations to any lawful purpose of the
1738	district as the board shall determine.
1739	(f)  Issuance of additional bonds.--If the proceeds of any
1740	bonds are less than the cost of completing the project in
1741	connection with which such bonds were issued, the board may
1742	authorize the issuance of additional bonds, upon such terms and
1743	conditions as the board may provide in the resolution
1744	authorizing the issuance thereof, but only in compliance with
1745	the resolution or other proceedings authorizing the issuance of
1746	the original bonds.
1747	(g)  Refunding bonds.--The district shall have the power to
1748	issue bonds to provide for the retirement or refunding of any
1749	bonds or obligations of the district that at the time of such
1750	issuance are or subsequent thereto become due and payable, or
1751	that at the time of issuance have been called or are or will be
1752	subject to call for redemption within 10 years thereafter, or
1753	the surrender of which can be procured from the holders thereof
1754	at prices satisfactory to the board. Refunding bonds may be
1755	issued at any time that in the judgment of the board such
1756	issuance will be advantageous to the district. No approval of
1757	the qualified electors residing in the district shall be
1758	required for the issuance of refunding bonds except in cases in
1759	which such approval is required by the State Constitution. The
1760	board may by resolution confer upon the holders of such
1761	refunding bonds all rights, powers, and remedies to which the
1762	holders would be entitled if they continued to be the owners and
1763	had possession of the bonds for the refinancing of which such
1764	refunding bonds are issued, including, but not limited to, the
1765	preservation of the lien of such bonds on the revenues of any
1766	project or on pledged funds, without extinguishment, impairment,
1767	or diminution thereof. The provisions of this act pertaining to
1768	bonds of the district shall, unless the context otherwise
1769	requires, govern the issuance of refunding bonds, the form and
1770	other details thereof, the rights of the holders thereof, and
1771	the duties of the board with respect to them.
1772	(h)  Revenue bonds.--
1773	1.  The district shall have the power to issue revenue
1774	bonds from time to time without limitation as to amount. Such
1775	revenue bonds may be secured by, or payable from, the gross or
1776	net pledge of the revenues to be derived from any project or
1777	combination of projects; from the rates, fees, or other charges
1778	to be collected from the users of any project or projects; from
1779	any revenue-producing undertaking or activity of the district;
1780	from special assessments; or from benefit special assessments;
1781	or from any other source or pledged security. Such bonds shall
1782	not constitute an indebtedness of the district, and the approval
1783	of the qualified electors shall not be required unless such
1784	bonds are additionally secured by the full faith and credit and
1785	taxing power of the district.
1786	2.  Any two or more projects may be combined and
1787	consolidated into a single project and may hereafter be operated
1788	and maintained as a single project. The revenue bonds authorized
1789	herein may be issued to finance any one or more of such
1790	projects, regardless of whether or not such projects have been
1791	combined and consolidated into a single project. If the board
1792	deems it advisable, the proceedings authorizing such revenue
1793	bonds may provide that the district may thereafter combine the
1794	projects then being financed or theretofore financed with other
1795	projects to be subsequently financed by the district and that
1796	revenue bonds to be thereafter issued by the district shall be
1797	on parity with the revenue bonds then being issued, all on such
1798	terms, conditions, and limitations as shall have been provided
1799	in the proceeding which authorized the original bonds.
1800	(i)  General obligation bonds.--
1801	1.  Subject to the limitations of this charter, the
1802	district shall have the power from time to time to issue general
1803	obligation bonds to finance or refinance capital projects or to
1804	refund outstanding bonds in an aggregate principal amount of
1805	bonds outstanding at any one time not in excess of 35 percent of
1806	the assessed value of the taxable property within the district
1807	as shown on the pertinent tax records at the time of the
1808	authorization of the general obligation bonds for which the full
1809	faith and credit of the district is pledged. Except for
1810	refunding bonds, no general obligation bonds shall be issued
1811	unless the bonds are issued to finance or refinance a capital
1812	project and the issuance has been approved at an election held
1813	in accordance with the requirements for such election as
1814	prescribed by the State Constitution. Such elections shall be
1815	called to be held in the district by the Board of County
1816	Commissioners of Brevard County upon the request of the board of
1817	the district. The expenses of calling and holding an election
1818	shall be at the expense of the district, and the district shall
1819	reimburse the county for any expenses incurred in calling or
1820	holding such election.
1821	2.  The district may pledge its full faith and credit for
1822	the payment of the principal and interest on such general
1823	obligation bonds and for any reserve funds provided therefor and
1824	may unconditionally and irrevocably pledge itself to levy ad
1825	valorem taxes on all taxable property in the district, to the
1826	extent necessary for the payment thereof, without limitation as
1827	to rate or amount.
1828	3.  If the board determines to issue general obligation
1829	bonds for more than one capital project, the approval of the
1830	issuance of the bonds for each and all such projects may be
1831	submitted to the electors on one and the same ballot. The
1832	failure of the electors to approve the issuance of bonds for one
1833	or more capital projects shall not defeat the approval of any
1834	bonds for any capital project which has been approved by the
1835	electors.
1836	4.  In arriving at the amount of general obligation bonds
1837	permitted to be outstanding at any one time pursuant to
1838	subparagraph 1., there shall not be included any general
1839	obligation bonds which are additionally secured by the pledge
1840	of:
1841	a.  Any assessments levied in an amount sufficient to pay
1842	the principal and interest on the general obligation bonds so
1843	additionally secured, which assessments have been equalized and
1844	confirmed by resolution of the board pursuant to this act or
1845	section 170.08, Florida Statutes.
1846	b.  Water revenues, sewer revenues, or water and sewer
1847	revenues of the district to be derived from user fees in an
1848	amount sufficient to pay the principal and interest on the
1849	general obligation bonds so additionally secured.
1850	c.  Any combination of assessments and revenues described
1851	in sub-subparagraphs a. and b.
1852	(j)  Bonds as legal investment or security.--
1853	1.  Notwithstanding any provisions of any other law to the
1854	contrary, all bonds issued under the provisions of this act
1855	shall constitute legal investments for savings banks, banks,
1856	trust companies, insurance companies, executors, administrators,
1857	trustees, guardians, and other fiduciaries and for any board,
1858	body, agency, instrumentality, county, municipality, or other
1859	political subdivision of the state and shall be and constitute
1860	security which may be deposited by banks or trust companies as
1861	security for deposits of state, county, municipal, or other
1862	public funds or by insurance companies as required or voluntary
1863	statutory deposits.
1864	2.  Any bonds issued by the district shall be incontestable
1865	in the hands of bona fide purchasers or holders for value and
1866	shall not be invalid because of any irregularity or defect in
1867	the proceedings for the issue and sale thereof.
1868	(k)  Covenants.--Any resolution authorizing the issuance of
1869	bonds may contain such covenants as the board may deem
1870	advisable, and all such covenants shall constitute valid and
1871	legally binding and enforceable contracts between the district
1872	and the bondholders, regardless of the time of issuance thereof.
1873	Such covenants may include, without limitation, covenants
1874	concerning the disposition of the bond proceeds; the use and
1875	disposition of project revenues; the pledging of revenues,
1876	taxes, and assessments; the obligations of the district with
1877	respect to the operation of the project and the maintenance of
1878	adequate project revenues; the issuance of additional bonds; the
1879	appointment, powers, and duties of trustees and receivers; the
1880	acquisition of outstanding bonds and obligations; restrictions
1881	on the establishing of competing projects or facilities;
1882	restrictions on the sale or disposal of the assets and property
1883	of the district; the priority of assessment liens; the priority
1884	of claims by bondholders on the taxing power of the district;
1885	the maintenance of deposits to ensure the payment of revenues by
1886	users of district facilities and services; the discontinuance of
1887	district services by reason of delinquent payments; acceleration
1888	upon default; the execution of necessary instruments; the
1889	procedure for amending or abrogating covenants with the
1890	bondholders; and such other covenants as may be deemed necessary
1891	or desirable for the security of the bondholders.
1892	(l)  Validation proceedings.--The power of the district to
1893	issue bonds under the provisions of this act may be determined,
1894	and any of the bonds of the district maturing over a period of
1895	more than 5 years shall be validated and confirmed, by court
1896	decree, under the provisions of chapter 75, Florida Statutes,
1897	and laws amendatory thereof or supplementary thereto.
1898	(m)  Tax exemption.--To the extent allowed by general law,
1899	all bonds issued hereunder and interest paid thereon and all
1900	fees, charges, and other revenues derived by the district from
1901	the projects provided by this act are exempt from all taxes by
1902	the state or by any political subdivision, agency, or
1903	instrumentality thereof; however, any interest, income, or
1904	profits on debt obligations issued hereunder are not exempt from
1905	the tax imposed by chapter 220, Florida Statutes.
1906	(n)  Application of section 189.4085, Florida
1907	Statutes.--Bonds issued by the district shall meet the criteria
1908	set forth in section 189.4085, Florida Statutes.
1909	(o)  Act furnishes full authority for issuance of the
1910	bonds.--This act constitutes full and complete authority for the
1911	issuance of bonds and the exercise of the powers of the district
1912	provided herein. No procedures or proceedings, publications,
1913	notices, consents, approvals, orders, acts, or things by the
1914	board, or any board, officer, commission, department, agency, or
1915	instrumentality of the district, other than those required b
1916	this act, shall be required to perform anything under this act,
1917	except that the issuance or sale of bonds pursuant to the
1918	provisions of this act shall comply with the general law
1919	requirements applicable to the issuance or sale of bonds by the
1920	district. Nothing in this act shall be construed to authorize
1921	the district to utilize bond proceeds to fund the ongoing
1922	operations of the district.
1923	(p)  Pledge by the state to the bondholders of the
1924	district.--The state pledges to the holders of any bonds issued
1925	under this act that it will not limit or alter the rights of the
1926	district to own, acquire, construct, reconstruct, improve,
1927	maintain, operate, or furnish the projects or to levy and
1928	collect the taxes, assessments, rentals, rates, fees, and other
1929	charges provided for herein and to fulfill the terms of any
1930	agreement made with the holders of such bonds or other
1931	obligations and that it will not in any way impair the rights or
1932	remedies of such holders.
1933	(q)  Default.--A default on the bonds or obligations of a
1934	district shall not constitute a debt or obligation of the state
1935	or any general-purpose local government or the state.
1936	(11)  TRUST AGREEMENTS.--Any issue of bonds shall be
1937	secured by a trust agreement by and between the district and a
1938	corporate trustee or trustees, which may be any trust company or
1939	bank having the powers of a trust company within or without the
1940	state. The resolution authorizing the issuance of the bonds or
1941	such trust agreement may pledge the revenues to be received from
1942	any projects of the district and may contain such provisions for
1943	protecting and enforcing the rights and remedies of the
1944	bondholders as the board may approve, including, without
1945	limitation, covenants setting forth the duties of the district
1946	in relation to: the acquisition, construction, reconstruction,
1947	improvement, maintenance, repair, operation, and insurance of
1948	any projects; the fixing and revising of the rates, fees, and
1949	charges; and the custody, safeguarding, and application of all
1950	moneys and for the employment of consulting engineers in
1951	connection with such acquisition, construction, reconstruction,
1952	improvement, maintenance, repair, or operation. It shall be
1953	lawful for any bank or trust company within or without the state
1954	which may act as a depository of the proceeds of bonds or of
1955	revenues to furnish such indemnifying bonds or to pledge such
1956	securities as may be required by the district. Such resolution
1957	or trust agreement may set forth the rights and remedies of the
1958	bondholders and of the trustee, if any, and may restrict the
1959	individual right of action by bondholders. The board may provide
1960	for the payment of proceeds of the sale of the bonds and the
1961	revenues of any project to such officer, board, or depository as
1962	it may designate for the custody thereof and may provide for the
1963	method of disbursement thereof with such safeguards and
1964	restrictions as it may determine. All expenses incurred in
1965	carrying out the provisions of such resolution or trust
1966	agreement may be treated as part of the cost of operation of the
1967	project to which such trust agreement pertains.
1968	(12)  AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL
1969	ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL
1970	ASSESSMENTS; MAINTENANCE TAXES.--
1971	(a)  Ad valorem taxes.--When all members of the board are
1972	qualified electors who are elected by qualified electors of the
1973	district, the board shall have the power to levy and assess an
1974	ad valorem tax on all the taxable property in the district to
1975	construct, operate, and maintain assessable improvements; to pay
1976	the principal of, and interest on, any general obligation bonds
1977	of the district; and to provide for any sinking or other funds
1978	established in connection with any such bonds. An ad valorem tax
1979	levied by the board for operating purposes, exclusive of debt
1980	service on bonds, shall not exceed 3 mills. The ad valorem tax
1981	provided for herein shall be in addition to county and all other
1982	ad valorem taxes provided for by law. Such tax shall be
1983	assessed, levied, and collected in the same manner and at the
1984	same time as county taxes. The levy of ad valorem taxes must be
1985	approved by referendum as required by s. 9, Article VII of the
1986	State Constitution.
1987	(b)  Benefit special assessments.--The board annually shall
1988	determine, order, and levy the annual installment of the total
1989	benefit special assessments for bonds issued and related
1990	expenses to finance assessable improvements. These assessments
1991	may be due and collected during each year that county taxes are
1992	due and collected, in which case such annual installment and
1993	levy shall be evidenced to and certified to the property
1994	appraiser by the board not later than August 31 of each year.
1995	Such assessment shall be entered by the property appraiser on
1996	the county tax rolls and shall be collected and enforced by the
1997	tax collector in the same manner and at the same time as county
1998	taxes, and the proceeds thereof shall be paid to the district.
1999	However, this subsection shall not prohibit the district in its
2000	discretion from using the method prescribed in either section
2001	197.3632, Florida Statutes or chapter 173, Florida Statutes, as
2002	each may be amended from time to time, for collecting and
2003	enforcing these assessments. Each annual installment of benefit
2004	special assessments shall be a lien on the property against
2005	which assessed until paid and shall be enforceable in like
2006	manner as county taxes. The amount of the assessment for the
2007	exercise of the district's powers under subsections (6) and (7)
2008	shall be determined by the board based upon a report of the
2009	district's engineer and assessed by the board upon such lands,
2010	which may be part or all of the lands within the district
2011	benefited by the improvement, apportioned between benefited
2012	lands in proportion to the benefits received by each tract of
2013	land. The board may, if it determines it is in the best
2014	interests of the district, set forth in the proceedings
2015	initially levying such benefit special assessments or in
2016	subsequent proceedings a formula for the determination of an
2017	amount, which when paid by a taxpayer with respect to any tax
2018	parcel, shall constitute a prepayment all future annual
2019	installments of such benefit special assessments and that the
2020	payment of which amount with respect such tax parcel shall
2021	relieve and discharge such tax parcel of the lien of such
2022	benefit special assessments and any subsequent annual
2023	installment thereof. The board may provide further that upon
2024	delinquency in the payment of any annual installment of benefit
2025	special assessments, the prepayment amount of all future annual
2026	installments of benefit special assessments as determined in the
2027	preceding sentence shall be and become immediately due and
2028	payable together with such delinquent annual installment.
2029	(c)  Non-ad valorem maintenance taxes.--If and when
2030	authorized by general law, to maintain and to preserve the
2031	physical facilities and services constituting the works,
2032	improvements, or infrastructure provided by the district
2033	pursuant to this act, to repair and restore any one or more of
2034	them, when needed, and to defray the current expenses of the
2035	district, including any sum which may be required to pay state
2036	and county ad valorem taxes on any taxable lands which may have
2037	been purchased and which are held by the district under the
2038	provisions of this act, the Board of Supervisors may, upon the
2039	completion of said systems, facilities, services, works,
2040	improvements, or infrastructure, in whole or in part, as may be
2041	certified to the board by the engineer of the board, levy
2042	annually a non-ad valorem and nonmillage tax upon each tract or
2043	parcel of land within the district, to be known as a
2044	"maintenance tax." This non-ad valorem maintenance tax shall be
2045	apportioned upon the basis of the net assessments of benefits
2046	assessed as accruing from the original construction and shall be
2047	evidenced to and certified by the Board of Supervisors of the
2048	district not later than June 1 of each year to the property
2049	appraiser of Brevard County and shall be extended by the
2050	property appraiser on the tax roll of the property appraiser, as
2051	certified by the property appraiser to the tax collector, and
2052	collected by the tax collector on the merged collection roll of
2053	the tax collector in the same manner and at the same time as
2054	county ad valorem taxes, and the proceeds therefrom shall be
2055	paid to the district. This non-ad valorem maintenance tax shall
2056	be a lien until paid on the property against which assessed and
2057	enforceable in like manner and of the same dignity as county ad
2058	valorem taxes.
2059	(d)  Maintenance special assessments.--To maintain and
2060	preserve the facilities and projects of the district, the board
2061	may levy a maintenance special assessment. This assessment may
2062	be evidenced to and certified to the property appraiser by the
2063	Board of Supervisors not later than August 31 of each year and
2064	shall be entered by the property appraiser on the county tax
2065	rolls and shall be collected and enforced by the tax collector
2066	in the same manner and at the same time as county taxes, and the
2067	proceeds therefrom shall be paid to the district. However, this
2068	subsection shall not prohibit the district in its discretion
2069	from using the method prescribed in either section 197.363,
2070	section 197.3631, or section 197.3632, Florida Statutes, for
2071	collecting and enforcing these assessments. These maintenance
2072	special assessments shall be a lien on the property against
2073	which assessed until paid and shall be enforceable in like
2074	manner as county taxes. The amount of the maintenance special
2075	assessment for the exercise of the district's powers under this
2076	section shall be determined by the board based upon a report of
2077	the district's engineer and assessed by the board upon such
2078	lands, which may be all of the lands within the district
2079	benefited by the maintenance thereof, apportioned between the
2080	benefited lands in proportion to the benefits received by each
2081	tract of land.
2082	(e)  Special assessments.--To levy and impose any special
2083	assessments pursuant to this subsection.
2084	(f)  Enforcement of taxes.--The collection and enforcement
2085	of all taxes levied by the district shall be at the same time
2086	and in like manner as county taxes, and the provisions of the
2087	laws of Florida relating to the sale of lands for unpaid and
2088	delinquent county taxes; the issuance, sale, and delivery of tax
2089	certificates for such unpaid and delinquent county taxes; the
2090	redemption thereof; the issuance to individuals of tax deeds
2091	based thereon; and all other procedures in connection therewith
2092	shall be applicable to the district to the same extent as if
2093	such statutory provisions were expressly set forth herein. All
2094	taxes shall be subject to the same discounts as county taxes.
2095	(g)  When unpaid tax is delinquent; penalty.--All taxes
2096	provided for in this act shall become delinquent and bear
2097	penalties on the amount of such taxes in the same manner as
2098	county taxes.
2099	(h)  Status of assessments.--Benefit special assessments,
2100	maintenance special assessments, and special assessments are
2101	hereby found and determined to be non-ad valorem assessments as
2102	defined by section 197.3632, Florida Statutes. Maintenance taxes
2103	are non-ad valorem taxes and are not special assessments.
2104	(i)  Assessments constitute liens; collection.--Any and all
2105	assessments, including special assessments, benefit special
2106	assessments, and maintenance special assessments authorized by
2107	this section, and including special assessments as defined by
2108	section 2(2)(z) and granted and authorized by this subsection,
2109	and including maintenance taxes if authorized by general law,
2110	shall constitute a lien on the property against which assessed
2111	from the date of levy and imposition thereof until paid, coequal
2112	with the lien of state, county, municipal, and school board
2113	taxes. These assessments may be collected, at the district's
2114	discretion, under authority of section 197.3631, Florida
2115	Statutes, as amended from time to time, by the tax collector
2116	pursuant to the provisions of sections 197.3632 and 197.3635,
2117	Florida Statutes, as amended from time to time, or in accordance
2118	with other collection measures provided by law. In addition to,
2119	and not in limitation of, any powers otherwise set forth herein
2120	or in general law, these assessments may also be enforced
2121	pursuant to the provisions of chapter 173, Florida Statutes, as
2122	amended from time to time.
2123	(j)  Land owned by governmental entity.--Except as
2124	otherwise provided by law, no levy of ad valorem taxes or non-ad
2125	valorem assessments under this act, chapter 170, or chapter 197,
2126	Florida Statutes, as each may be amended from time to time, or
2127	otherwise, by a board of a District, on property of a
2128	governmental entity that is subject to a ground lease as
2129	described in section 190.003(13), Florida Statutes, shall
2130	constitute a lien or encumbrance on the underlying fee interest
2131	of such governmental entity.
2132	(13)  SPECIAL ASSESSMENTS.--
2133	(a)  As an alternative method to the levy and imposition of
2134	special assessments pursuant to chapter 170, Florida Statutes,
2135	pursuant to the authority of section 197.3631, Florida Statutes,
2136	or pursuant to other provisions of general law, now or hereafter
2137	enacted, which provide a supplemental means or authority to
2138	impose, levy, and collect special assessments as otherwise
2139	authorized under this act, the board may levy and impose special
2140	assessments to finance the exercise of any of its powers
2141	permitted under this act using the following uniform procedures:
2142	1.  At a noticed meeting, the board of supervisors of the
2143	district may consider and review an engineer's report on the
2144	costs of the systems, facilities, and services to be provided, a
2145	preliminary assessment methodology, and a preliminary roll based
2146	on acreage or platted lands, depending upon whether platting has
2147	occurred.
2148	a.  The assessment methodology shall address and discuss
2149	and the board shall consider whether the systems, facilities,
2150	and services being contemplated will result in special benefits
2151	peculiar to the property, different in kind and degree than
2152	general benefits, as a logical connection between the systems,
2153	facilities, and services themselves and the property, and
2154	whether the duty to pay the assessments by the property owners
2155	is apportioned in a manner that is fair and equitable and not in
2156	excess of the special benefit received. It shall be fair and
2157	equitable to designate a fixed proportion of the annual debt
2158	service, together with interest thereon, on the aggregate
2159	principal amount of bonds issued to finance such systems,
2160	facilities, and services which give rise to unique, special, and
2161	peculiar benefits to property of the same or similar
2162	characteristics under the assessment methodology so long as such
2163	fixed proportion does not exceed the unique, special, and
2164	peculiar benefits enjoyed by such property from such systems,
2165	facilities, and services.
2166	b.  The engineer's cost report shall identify the nature
2167	the proposed systems, facilities, and services, their location,
2168	a cost breakdown plus a total estimated cost, including cost of
2169	construction or reconstruction, labor, and materials, lands,
2170	property, rights, easements, franchises, or systems, facilities,
2171	and services to be acquired, cost of plans and specifications,
2172	surveys of estimates of costs and revenues, costs of
2173	engineering, legal, and other professional consultation
2174	services, and other expenses or costs necessary or incident to
2175	determining the feasibility or practicability of such
2176	construction, reconstruction, or acquisition, administrative
2177	expenses, relationship to the authority and power of the
2178	district in its charter, and such other expenses or costs as may
2179	be necessary or incident to the financing to be authorized by
2180	the Board of Supervisors.
2181	c.  The preliminary assessment roll to be prepared will be
2182	in accordance with the method of assessment provided for in the
2183	assessment methodology and as may be adopted by the Board of
2184	Supervisors; the assessment roll shall be completed as promptly
2185	as possible and shall show the acreage, lots, lands, or plats
2186	assessed and the amount of the fairly and reasonably apportioned
2187	assessment based on special and peculiar benefit to the
2188	property, lot, parcel, or acreage of land; and, if the
2189	assessment against each such lot, parcel, acreage, or portion of
2190	land is to be paid in installments, the number of annual
2191	installments in which the assessment is divided shall be entered
2192	into and shown upon the assessment roll.
2193	2.  The Board of Supervisors of the district may determine
2194	and declare by an initial assessment resolution to levy and
2195	assess the assessments with respect to assessable improvements
2196	stating the nature of the systems, facilities, and services,
2197	improvements, projects, or infrastructure constituting such
2198	assessable improvements, the information in the engineer's cost
2199	report, the information in the assessment methodology as
2200	determined by the board at the noticed meeting and referencing
2201	and incorporating as part of the resolution the engineer's cost
2202	report, the preliminary assessment methodology, and the
2203	preliminary assessment roll as referenced exhibits to the
2204	resolution by reference. If the board determines to declare and
2205	levy the special assessments by the initial assessment
2206	resolution, the board shall also adopt and declare a notice
2207	resolution which shall provide and cause the initial assessment
2208	resolution to be published once a week for a period of 2 weeks
2209	in newspapers of general circulation published in Brevard County
2210	and said board shall by the same resolution fix a time and place
2211	at which the owner or owners of the property to be assessed or
2212	any other persons interested therein may appear before said
2213	board and be heard as to the propriety and advisability of
2214	making such improvements, as to the costs thereof, as to the
2215	manner of payment therefor, and as to the amount thereof to be
2216	assessed against each property so improved. Thirty days' notice
2217	in writing of such time and place shall be given to such
2218	property owners. The notice shall include the amount of the
2219	assessment and shall be served by mailing a copy to each
2220	assessed property owner at his or her last known address, the
2221	names and addresses of such property owners to be obtained from
2222	the record of the property appraiser of the county political
2223	subdivision in which the land is located or from such other
2224	sources as the district manager or engineer deems reliable, and
2225	proof of such mailing shall be made by the affidavit of the
2226	manager of the district or by the engineer, said proof to be
2227	filed with the district manager, provided that failure to mail
2228	said notice or notices shall not invalidate any of the
2229	proceedings hereunder. It is provided further that the last
2230	publication shall be at least 1 week prior to the date of the
2231	hearing on the final assessment resolution. Said notice shall
2232	describe the general areas to be improved and advise all persons
2233	interested that the description of each property to be assessed
2234	and the amount to be assessed to each piece, parcel, lot, or
2235	acre of property may be ascertained at the office of the manager
2236	of the district. Such service by publication shall be verified
2237	by the affidavit of the publisher and filed with the manager of
2238	the district. Moreover, the initial assessment resolution with
2239	its attached, referenced, and incorporated engineer's cost
2240	report, preliminary assessment methodology, and preliminary
2241	assessment roll, along with the notice resolution, shall be
2242	available for public inspection at the office of the manager and
2243	the office of the engineer or any other office designated by the
2244	Board of Supervisors in the notice resolution. Notwithstanding
2245	the foregoing, the landowners of all of the property which is
2246	proposed to be assessed may give the district written notice of
2247	waiver of any notice and publication provided for in this
2248	subparagraph and such notice and publication shall not be
2249	required, provided, however, that any meeting of the Board of
2250	Supervisors to consider such resolution shall be a publicly
2251	noticed meeting.
2252	3.  At the time and place named in the noticed resolution
2253	as provided for in subparagraph 2., the board of supervisors of
2254	the district shall meet and hear testimony from affected
2255	property owners as to the propriety and advisability of making
2256	the systems, facilities, services, projects, works,
2257	improvements, or infrastructure and funding them with
2258	assessments referenced in the initial assessment resolution on
2259	the property. Following the testimony and questions from the
2260	members of the board or any professional advisors to the
2261	district of the preparers of the engineer's cost report, the
2262	assessment methodology, and the assessment roll, the board of
2263	supervisors shall make a final decision on whether to levy and
2264	assess the particular assessments. Thereafter, the board of
2265	supervisors shall meet as an equalizing board to hear and to
2266	consider any and all complaints as to the particular assessments
2267	and shall adjust and equalize the assessments on the basis of
2268	justice and right.
2269	4.  When so equalized and approved by resolution or
2270	ordinance by the board of supervisors, to be called the final
2271	assessment resolution, a final assessment roll shall be filed
2272	with the clerk of the board and such assessment shall stand
2273	confirmed and remain legal, valid, and binding first liens on
2274	the property against which such assessments are made until paid,
2275	equal in dignity to the first liens of ad valorem taxation of
2276	county and municipal governments and school boards. However,
2277	upon completion of the systems, facilities, service, project,
2278	improvement, works, or infrastructure, the district shall credit
2279	to each of the assessments the difference in the assessment as
2280	originally made, approved, levied, assessed, and confirmed and
2281	the proportionate part of the actual cost of the improvement to
2282	be paid by the particular special assessments as finally
2283	determined upon the completion of the improvement; but in no
2284	event shall the final assessment exceed the amount of the
2285	special and peculiar benefits as apportioned fairly and
2286	reasonably to the property from the system, facility, or service
2287	being provided as originally assessed. Promptly after such
2288	confirmation, the assessment shall be recorded by the clerk of
2289	the district in the minutes of the proceedings of the district,
2290	and the record of the lien in this set of minutes shall
2291	constitute prima facie evidence of its validity. The board of
2292	supervisors, in its sole discretion, may, by resolution grant a
2293	discount equal to all or a part of the payee's proportionate
2294	share of the cost of the project consisting of bond financing
2295	cost, such as capitalized interest, funded reserves, and bond
2296	discounts included in the estimated cost of the project, upon
2297	payment in full of any assessments during such period prior to
2298	the time such financing costs are incurred as may be specified
2299	by the board of supervisors in such resolution.
2300	5.  District assessments may be made payable in
2301	installments over no more than 30 years from the date of the
2302	payment of the first installment thereof and may bear interest
2303	at fixed or variable rates.
2304	(b)  Notwithstanding any provision of this act or chapter
2305	170, Florida Statutes, that portion of section 170.09, Florida
2306	Statutes, that provides that assessments may be paid without
2307	interest at any time within 30 days after the improvement is
2308	completed and a resolution accepting the same has been adopted
2309	by the governing authority shall not be applicable to any
2310	district assessments, whether imposed, levied, and collected
2311	pursuant to the provisions of this act or other provisions of
2312	general law, including, but not limited to chapter 170, Florida
2313	Statutes.
2314	(c)  In addition, the district is authorized expressly in
2315	the exercise of its rulemaking power to adopt a rule or rules
2316	which provides or provide for notice, levy, imposition,
2317	equalization, and collection of assessments.
2318	(14)  ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON
2319	ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS.--
2320	(a)  The board may, after any special assessments or
2321	benefit special assessments for assessable improvements are
2322	made, determined, and confirmed as provided in this act, issue
2323	certificates of indebtedness for the amount so assessed against
2324	the abutting property or property otherwise benefited, as the
2325	case may be, and separate certificates shall be issued against
2326	each part or parcel of land or property assessed, which
2327	certificates shall state the general nature of the improvement
2328	for which the assessment is made. The certificates shall be
2329	payable in annual installments in accordance with the
2330	installments of the special assessment for which they are
2331	issued. The board may determine the interest to be borne by such
2332	certificates, not to exceed the maximum rate allowed by general
2333	law, and may sell such certificates at either private or public
2334	sale and determine the form, manner of execution, and other
2335	details of such certificates. The certificates shall recite that
2336	they are payable only from the special assessments levied and
2337	collected from the part or parcel of land or property against
2338	which they are issued. The proceeds of such certificates may be
2339	pledged for the payment of principal of and interest on any
2340	revenue bonds or general obligation bonds issued to finance in
2341	whole or in part such assessable improvement, or, if not so
2342	pledged, may be used to pay the cost or part of the cost of such
2343	assessable improvements.
2344	(b)  The district may also issue assessment bonds, revenue
2345	bonds, or other obligations payable from a special fund into
2346	which such certificates of indebtedness referred to in the
2347	preceding subsection may be deposited or, if such certificates
2348	of indebtedness have not been issued, the district may assign to
2349	such special fund for the benefit of the holders of such
2350	assessment bonds or other obligations, or to a trustee for such
2351	bondholders, the assessment liens provided for in this act
2352	unless such certificates of indebtedness or assessment liens
2353	have been theretofore pledged for any bonds or other obligations
2354	authorized hereunder. In the event of the creation of such
2355	special fund and the issuance of such assessment bonds or other
2356	obligations, the proceeds of such certificates of indebtedness
2357	or assessment liens deposited therein shall be used only for the
2358	payment of the assessment bonds or other obligations issued as
2359	provided in this section. The district is authorized to covenant
2360	with the holders of such assessment bonds, revenue bonds, or
2361	other obligations that it will diligently and faithfully enforce
2362	and collect all the special assessments, and interest and
2363	penalties thereon, for which such certificates of indebtedness
2364	or assessment liens have been deposited in or assigned to such
2365	fund; to foreclose such assessment liens so assigned to such
2366	special fund or represented by the certificates of indebtedness
2367	deposited in the special fund, after such assessment liens have
2368	become delinquent, and deposit the proceeds derived from such
2369	foreclosure, including interest and penalties, in such special
2370	fund; and to make any other covenants deemed necessary or
2371	advisable in order to properly secure the holders of such
2372	assessment bonds or other obligations.
2373	(c)  The assessment bonds, revenue bonds, or other
2374	obligations issued pursuant to this section shall have such
2375	dates of issue and maturity as shall be deemed advisable by the
2376	board; however, the maturities of such assessment bonds or other
2377	obligations shall not be more than 2 years after the due date of
2378	the last installment which will be payable on any of the special
2379	assessments for which such assessment liens, or the certificates
2380	of indebtedness representing such assessment liens, are assigned
2381	to or deposited in such special fund.
2382	(d)  Such assessment bonds, revenue bonds, or other
2383	obligations issued under this section shall bear such interest
2384	as the board may determine, not to exceed the maximum rate
2385	allowed by general law, and shall be executed, shall have such
2386	provisions for redemption prior to maturity, shall be sold in
2387	the manner, and shall be subject to all of the applicable
2388	provisions contained in this act for revenue bonds, except as
2389	the same may be inconsistent with the provisions of this
2390	section.
2391	(e)  All assessment bonds, revenue bonds, or other
2392	obligations issued under the provisions of this section shall
2393	be, shall constitute, and shall have all the qualities and
2394	incidents of negotiable instruments under the law merchant and
2395	the laws of the state.
2396	(15)  TAX LIENS.--All taxes of the district provided for in
2397	this act, except together with all penalties for default in the
2398	payment of the same and all costs in collecting the same,
2399	including a reasonable attorney's fee fixed by the court and
2400	taxed as a cost in the action brought to enforce payment, shall,
2401	from January 1 for each year the property is liable to
2402	assessment and until paid, constitute a lien of equal dignity
2403	with the liens for state and county taxes and other taxes of
2404	equal dignity with state and county taxes, upon all the lands
2405	against which such taxes shall be levied. A sale of any of the
2406	real property within the district for state and county or other
2407	taxes shall not operate to relieve or release the property so
2408	sold from the lien for subsequent district taxes or installments
2409	of district taxes, which lien may be enforced against such
2410	property as though no such sale thereof had been made. In
2411	addition to, and not in limitation of, the preceding sentence,
2412	for purposes of section 197.552, Florida Statutes, the lien of
2413	all special assessments levied by the district shall constitute
2414	a lien of record held by a municipal or county governmental
2415	unit. The provisions of sections 194.171, 197.122, 197.333, and
2416	197.432, Florida Statutes, shall be applicable to district taxes
2417	with the same force and effect as if such provisions were
2418	expressly set forth in this act.
2419	(16)  PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY THE
2420	DISTRICT; SHARING IN PROCEEDS OF TAX SALE.--
2421	(a)  The district shall have the power and right to:
2422	1.  Pay any delinquent state, county, district, municipal,
2423	or other tax or assessment upon lands located wholly or
2424	partially within the boundaries of the district.
2425	2.  Redeem or purchase any tax sales certificates issued or
2426	sold on account of any state, county, district, municipal, or
2427	other taxes or assessments upon lands located wholly or
2428	partially within the boundaries of the district.
2429	(b)  Delinquent taxes paid, or tax sales certificates
2430	redeemed or purchased by the district, together with all
2431	penalties for the default in payment of the same and all costs
2432	in collecting the same and a reasonable attorney's fee, shall
2433	constitute a lien in favor of the district of equal dignity with
2434	the liens of state and county taxes and other taxes of equal
2435	dignity with state and county taxes upon all the real property
2436	against which the taxes were levied. The lien of the district
2437	may be foreclosed in the manner provided in this act.
2438	(c)  In any sale of land pursuant to section 197.542,
2439	Florida Statutes, the district may certify to the clerk of the
2440	circuit court of the county holding such sale the amount of
2441	taxes due to the district upon the lands sought to be sold, and
2442	the district shall share in the disbursement of the sales
2443	proceeds in accordance with the provisions of this act and under
2444	the laws of the state.
2445	(17)  FORECLOSURE OF LIENS.--Any lien in favor of the
2446	district arising under this act may be foreclosed by the
2447	district by foreclosure proceedings in the name of the district
2448	in a court of competent jurisdiction as provided by general law
2449	in like manner as is provided in chapter 173, Florida Statutes,
2450	and the provisions of that chapter shall be applicable to such
2451	proceedings with the same force and effect as if those
2452	provisions were expressly set forth in this act. Any act
2453	required or authorized to be done by or on behalf of a
2454	municipality in foreclosure proceedings under chapter 173,
2455	Florida Statutes, may be performed by such officer or agent of
2456	the district as the board of supervisors may designate. Such
2457	foreclosure proceedings may be brought at any time after the
2458	expiration of 1 year from the date any tax, or installment
2459	thereof, becomes delinquent; however, no lien shall be
2460	foreclosed against any political subdivision or agency of the
2461	state. Other legal remedies shall remain available.
2462	(18)  MANDATORY USE OF CERTAIN DISTRICT SYSTEMS,
2463	FACILITIES, AND SERVICES.--To the full extent permitted by law,
2464	the district shall require all lands, buildings, premises,
2465	persons, firms, and corporations within the district to use the
2466	water management and control facilities, water systems, and
2467	sewer systems of the district.
2468	(19)  COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS; RELATED
2469	PROVISIONS REQUIRED.--
2470	(a)  No contract shall be let by the board for any goods,
2471	supplies, or materials to be purchased when the amount thereof
2472	to be paid by the district shall exceed the amount provided in
2473	section 287.017, Florida Statutes, for category four, unless
2474	notice of bids shall be advertised once in a newspaper in
2475	general circulation in Brevard County. Any board seeking to
2476	construct or improve a public building, structure, or other
2477	public works shall comply with the bidding procedures of section
2478	255.20, Florida Statutes, and other applicable general law. In
2479	each case, the bid of the lowest responsive and responsible
2480	bidder shall be accepted unless all bids are rejected because
2481	the bids are too high or the board determines it is in the best
2482	interests of the district to reject all bids. The board may
2483	require the bidders to furnish bond with a responsible surety to
2484	be approved by the board. Nothing in this section shall prevent
2485	the board from undertaking and performing the construction,
2486	operation, and maintenance of any project or facility authorized
2487	by this act by the employment of labor, material, and machinery.
2488	(b)  The provisions of the Consultants' Competitive
2489	Negotiation Act, section 287.055, Florida Statutes, shall apply
2490	to contracts for engineering, architecture, landscape
2491	architecture, or registered surveying and mapping services let
2492	by the board.
2493	(c)  Contracts for maintenance services for any district
2494	facility or project shall be subject to competitive bidding
2495	requirements when the amount thereof to be paid by the district
2496	exceeds the amount provided in section 287.017, Florida
2497	Statutes, for category four. The district shall adopt rules,
2498	policies, or procedures establishing competitive bidding
2499	procedures for maintenance services. Contracts for other
2500	services shall not be subject to competitive bidding unless the
2501	district adopts a rule, policy, or procedure applying
2502	competitive bidding procedures to said contracts. Nothing herein
2503	shall preclude the use of requests for proposal instead of
2504	invitations to bid as determined by the district to be in its
2505	best interest.
2506	(20)  FEES, RENTALS, AND CHARGES; PROCEDURE FOR ADOPTION
2507	AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS.--
2508	(a)  The district is authorized to prescribe, fix,
2509	establish, and collect rates, fees, rentals, or other charges,
2510	hereinafter sometimes referred to as "revenues," and to revise
2511	the same from time to time, for the systems, facilities, and
2512	services furnished by the district, within the limits of the
2513	district, including, but not limited to, recreational
2514	facilities, water management and control facilities, and water
2515	and sewer systems; to recover the costs of making connection
2516	with any district service, facility, or system; and to provide
2517	for reasonable penalties against any user or property for an
2518	such rates, fees, rentals, or other charges that are delinquent.
2519	(b)  No such rates, fees, rentals, or other charges for any
2520	of the facilities or services of the district shall be fixed
2521	until after a public hearing at which all the users of the
2522	proposed facility or services or owners, tenants, or occupants
2523	served or to be served thereby and all other interested persons
2524	shall have an opportunity to be heard concerning the proposed
2525	rates, fees, rentals, or other charges. Rates, fees, rentals,
2526	and other charges shall be adopted under the administrative
2527	rulemaking authority of the district, but shall not apply to
2528	district leases. Notice of such public hearing setting forth the
2529	proposed schedule or schedules of rates, fees, rentals, and
2530	other charges shall have been published in a newspaper of
2531	general circulation in Brevard County at least once and at least
2532	10 days prior to such public hearing. The rulemaking hearing may
2533	be adjourned from time to time. After such hearing, such
2534	schedule or schedules, either as initially proposed or as
2535	modified or amended, may be finally adopted. A copy of the
2536	schedule or schedules of such rates, fees, rentals, or charges
2537	as finally adopted shall be kept on file in an office designated
2538	by the board and shall be open at all reasonable times to public
2539	inspection. The rates, fees, rentals, or charges so fixed for
2540	any class of users or property served shall be extended to cover
2541	any additional users or properties thereafter served which shall
2542	fall in the same class, without the necessity of any notice or
2543	hearing.
2544	(c)  Such rates, fees, rentals, and charges shall be just
2545	and equitable and uniform for users of the same class, and when
2546	appropriate may be based or computed either upon the amount of
2547	service furnished, upon the average number of persons residing
2548	or working in or otherwise occupying the premises served, or
2549	upon any other factor affecting the use of the facilities
2550	furnished, or upon any combination of the foregoing factors, as
2551	may be determined by the board on an equitable basis.
2552	(d)  The rates, fees, rentals, or other charges prescribed
2553	shall be such as will produce revenues, together with any other
2554	assessments, taxes, revenues, or funds available or pledged for
2555	such purpose, at least sufficient to provide for the items
2556	hereinafter listed, but not necessarily in the order stated:
2557	1.  To provide for all expenses of operation and
2558	maintenance of such facility or service.
2559	2.  To pay when due all bonds and interest thereon for the
2560	payment of which such revenues are, or shall have been, pledged
2561	or encumbered, including reserves for such purpose.
2562	3.  To provide for any other funds which may be required
2563	under the resolution or resolutions authorizing the issuance of
2564	bonds pursuant to this act.
2565	(e)  The board shall have the power to enter into contracts
2566	for the use of the projects of the district and with respect to
2567	the services, systems, and facilities furnished or to be
2568	furnished by the district.
2569	(21)  RECOVERY OF DELINQUENT CHARGES.--In the event that
2570	any rates, fees, rentals, charges, or delinquent penalties shall
2571	not be paid as and when due and shall be in default for 60 days
2572	or more, the unpaid balance thereof and all interest accrued
2573	thereon, together with reasonable attorney's fees and costs, may
2574	be recovered by the district in a civil action.
2575	(22)  DISCONTINUANCE OF SERVICE.--In the event the fees,
2576	rentals, or other charges for water and sewer services, or
2577	either of them, are not paid when due, the board shall have the
2578	power, under such reasonable rules and regulations as the board
2579	may adopt, to discontinue and shut off both water and sewer
2580	services until such fees, rentals, or other charges, including
2581	interest, penalties, and charges for the shutting off and
2582	discontinuance and the restoration of such water and sewer
2583	services or both, are fully paid; and, for such purposes, the
2584	board may enter on any lands, waters, or premises of any person,
2585	firm, corporation, or body, public or private, within the
2586	district limits. Such delinquent fees, rentals, or other charges
2587	together with interest, penalties, and charges for the shutting
2588	off and discontinuance and the restoration of such services and
2589	facilities and reasonable attorney's fees and other expenses may
2590	be recovered by the district, which may also enforce payment of
2591	such delinquent fees, rentals, or other charges by any other
2592	lawful method of enforcement.
2593	(23)  ENFORCEMENT AND PENALTIES.--The board or any
2594	aggrieved person may have recourse to such remedies in law and
2595	at equity as may be necessary to ensure compliance with the
2596	provisions of this act, including injunctive relief to enjoin or
2597	restrain any person violating the provisions of this act or any
2598	bylaws, resolutions, regulations, rules, codes, or orders
2599	adopted under this act. In case any building or structure is
2600	erected, constructed, reconstructed, altered, repaired,
2601	converted, or maintained, or any building, structure, land, or
2602	water is used in violation of this act or of any code, order,
2603	resolution, or other regulation made under authority conferred
2604	by this act or under law, the board or any citizen residing in
2605	the district may institute any appropriate action or proceeding
2606	to prevent such unlawful erection, construction, reconstruction,
2607	alteration, repair, conversion, maintenance, or use; to
2608	restrain, correct, or avoid such violation; to prevent the
2609	occupancy of such building, structure, land, or water; and to
2610	prevent any illegal act, conduct, business, or use in or about
2611	such premises, land, or water.
2612	(24)  SUITS AGAINST THE DISTRICT.--Any suit or action
2613	brought or maintained against the district for damages arising
2614	out of tort, including, without limitation, any claim arising
2615	upon account of an act causing an injury or loss of property,
2616	personal injury, or death, shall be subject to the limitations
2617	provided in section 768.28, Florida Statutes.
2618	(25)  EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION.--All
2619	district property shall be exempt from levy and sale by virtue
2620	of an execution, and no execution or other judicial process
2621	shall issue against such property, nor shall any judgment
2622	against the district be a charge or lien on its property or
2623	revenues; however, nothing contained herein shall apply to or
2624	limit the rights of bondholders to pursue any remedy for the
2625	enforcement of any lien or pledge given by the district in
2626	connection with any of the bonds or obligations of the district.
2627	(26)  TERMINATION, CONTRACTION, OR EXPANSION OF DISTRICT.--
2628	(a)  The board may ask the Legislature through its local
2629	legislative delegation in and for Brevard County to amend this
2630	act to contract, to expand or to contract, or to expand the
2631	boundaries of the district by amendment of this section.
2632	(b)  The district shall remain in existence until:
2633	1.  The district is terminated and dissolved pursuant to
2634	amendment to this act by the Legislature.
2635	2.  The district has become inactive pursuant to section
2636	189.4044, Florida Statutes.
2637
2638	Provided, however, if, within 5 years after the effective date
2639	of this act establishing the district, the primary landowner has
2640	not received a development permit, as defined in chapter 380, on
2641	some part or all of the area covered by the district, then the
2642	district will be automatically dissolved and a judge of the
2643	circuit court shall cause a statement to that effect to be filed
2644	in the public records.
2645	(27)  INCLUSION OF TERRITORY.--The inclusion of any or all
2646	territory of the district within a municipality does not change,
2647	alter, or affect the boundary, territory, existence, or
2648	jurisdiction of the district.
2649	(28)  SALE OF REAL ESTATE WITHIN THE DISTRICT; REQUIRED
2650	DISCLOSURE TO PURCHASER.--Subsequent to the creation of this
2651	district under this act, each contract for the initial sale of a
2652	parcel of real property and each contract for the initial sale
2653	of a residential unit within the district shall include,
2654	immediately prior to the space reserved in the contract for the
2655	signature of the purchaser, the following disclosure statement
2656	in boldfaced and conspicuous type which is larger than the type
2657	in the remaining text of the contract: "THE VIERA STEWARDSHIP
2658	DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES
2659	AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS
2660	PAY FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF
2661	CERTAIN PUBLIC SYSTEMS, FACILITIES, AND SERVICES OF THE DISTRICT
2662	AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT.
2663	THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER
2664	LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND
2665	ASSESSMENTS PROVIDED FOR BY LAW."
2666	(29)  NOTICE OF CREATION AND ESTABLISHMENT.--Within 30 days
2667	after the election of the first board of supervisors creating
2668	this district, the district shall cause to be recorded in the
2669	grantor-grantee index of the property records in each county in
2670	which it is located a "Notice of Creation and Establishment of
2671	the Viera Stewardship District." The notice shall, at a minimum,
2672	include the legal description of the property covered by this
2673	act.
2674	(30)  DISTRICT PROPERTY PUBLIC; FEES.--Any system,
2675	facility, service, works, improvement, project, or other
2676	infrastructure owned by the district, or funded by federal tax
2677	exempt bonding issued by the district, is public; and the
2678	district by rule may regulate and may impose reasonable charges
2679	or fees for the use thereof but not to the extent that such
2680	regulation or imposition of such charges or fees constitutes
2681	denial of reasonable access.
2682	Section 7.  If any provision of this act is determined
2683	unconstitutional or otherwise determined invalid by a court of
2684	law, all the rest and remainder of the act shall remain in full
2685	force and effect as the law of this state.
2686	Section 8.  In the election provided for in section 9, each
2687	assessable acre or fraction thereof present in person or by
2688	proxy shall be counted as one vote.
2689	Section 9.  This section and section 8 shall take effect
2690	upon this act becoming law, and the remaining sections shall
2691	take effect upon approval by a majority vote of the owners of
2692	land within the district who are not exempt from ad valorem
2693	taxes or non-ad valorem assessments and who are present in
2694	person or by proxy at a landowners' meeting to be held within 90
2695	days after the effective date of this act. Such landowners'
2696	meeting shall be noticed as provided in section 5 for the
2697	initial landowners' meeting and may be combined with such
2698	meeting. However, the provisions of this act which authorize the
2699	levy of ad valorem taxation and issuance of general obligation
2700	bonds shall take effect only upon express approval by a majority
2701	vote of those qualified electors of the Viera Stewardship
2702	District voting in a referendum election held at such time as
2703	all members of the board are qualified electors who are elected
2704	by qualified electors of the district as provided in this act.

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