HB 1559

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

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