Senate Bill sb1734
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Florida Senate - 2006 SB 1734
By Senator Bullard
39-1241-06 See HB 725
1 A bill to be entitled
2 An act relating to the Everglades Area
3 Stewardship District, Palm Beach County;
4 creating and establishing the district as an
5 independent special district; providing
6 boundaries of the district; providing powers of
7 the district; providing for a board of
8 supervisors; providing qualifications, terms of
9 office, appointment procedures, powers, duties,
10 and compensation of board members; providing
11 for non-ad valorem assessments; providing for
12 penalties on delinquent assessments; providing
13 for compensation of the property appraiser, tax
14 collector, and clerk of the circuit court for
15 assessment services as provided by general law;
16 providing for enforcement of assessments;
17 providing for the issuance of bonds; providing
18 severability; requiring a referendum; providing
19 an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. District establishment and boundaries.--For
24 the purposes of providing public infrastructure and services;
25 the assessment, levy, and collection of non-ad valorem
26 assessments and fees; the operation of district facilities and
27 services; and all other purposes stated in this act consistent
28 with chapters 189 and 298, Florida Statutes, and other
29 applicable general law, an independent stewardship district is
30 hereby created and established in Palm Beach County, to be
31 known as the Everglades Area Stewardship District (the
1
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Florida Senate - 2006 SB 1734
39-1241-06 See HB 725
1 "district"), the territorial boundaries of which shall be as
2 follows:
3
4 All land within the incorporated boundaries of the cities of
5 Pahokee, Belle Glade and South Bay; Kreamer Island; Torry
6 Island; all privately owned land within the Sections 33 and
7 34, Township 41 South, Range 37 East; all privately owned,
8 unincorporated lands within Sections 9, 10, 15, 16, 19, 20,
9 21, 22, 27, 28, 29, 30, 31, 32, 33 and 34, Township 42 South,
10 Range 37 East, all privately owned, unincorporated lands
11 within Township 42 South, Range 36 East; all privately owned,
12 unincorporated lands within Township 43 South, Range 36 East;
13 all privately held, unincorporated land within Sections 3, 4,
14 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 29,
15 30, 31, 32, 33, and 34, Township 43 South, Range 37 East; Lots
16 3, 4, and 5; all privately held, unincorporated land within
17 Sections 3, 4, 5, 6, 7, 8, 9, and 10, Township 44 South, Range
18 37 East; all privately held, unincorporated lands within
19 Sections 1 through 24, Township 44 South, Range 36 East; all
20 privately held, unincorporated lands within Sections 1 through
21 18, Township 44 South, Range 35 East; all privately held,
22 unincorporated lands within Township 43 South, Range 35 East
23 within Palm Beach County.
24 Section 2. Provisions of other laws made
25 applicable.--The provisions of chapters 189 and 298, Florida
26 Statutes, are declared to be applicable to the Everglades Area
27 Stewardship District. The Everglades Area Stewardship District
28 shall have all of the powers and authorities mentioned in or
29 conferred by chapters 189 and 298, Florida Statutes.
30 Section 3. Powers of the district.--The district shall
31 have the following powers:
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Florida Senate - 2006 SB 1734
39-1241-06 See HB 725
1 (1) To sue and be sued by its name in any court of law
2 or in equity; to make contracts; and to adopt and use a
3 corporate seal and alter the same at pleasure.
4 (2) To acquire by purchase, gift, or condemnation real
5 and personal property, either or both, within or without the
6 district; and to convey and dispose of such real and personal
7 property, either or both, as may be necessary or convenient to
8 carry out the purposes, or any of the purposes of this act and
9 chapter 298, Florida Statutes.
10 (3) To construct, operate, and maintain canals,
11 ditches, drains, levees, lakes, ponds, and other works for
12 water management and control purposes.
13 (4) To acquire, purchase, operate, and maintain pumps,
14 plants, and pumping systems for water management and control
15 purposes.
16 (5) To construct, operate, and maintain irrigation
17 works, machinery, and plants.
18 (6) To construct, improve, pave, and maintain roadways
19 and roads necessary and convenient for the exercise of the
20 powers or duties or any of the powers or duties of the
21 district or the supervisors thereof; and to include as a
22 component of roads parkways, bridges, landscaping, irrigation,
23 bicycle and jogging paths, street lighting, traffic signals,
24 road striping, and all other customary elements of a modern
25 road system.
26 (7) To finance, fund, plan, establish, acquire,
27 construct or reconstruct, enlarge or extend, equip, operate,
28 and maintain systems and facilities for providing
29 transportation throughout the district, including private or
30 contract carriers, buses, vehicles, railroads, and other
31 transportation facilities, to meet the transportation
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Florida Senate - 2006 SB 1734
39-1241-06 See HB 725
1 requirements of the district in activities conducted within
2 the district.
3 (8) To finance, fund, plan, establish, acquire,
4 construct or reconstruct, enlarge or extend, equip, operate,
5 and maintain parking facilities within the district
6 boundaries.
7 (9) To finance, fund, plan, establish, acquire,
8 construct or reconstruct, enlarge or extend, equip, operate,
9 and maintain additional systems and facilities for parks and
10 facilities for indoor and outdoor recreational, cultural, and
11 educational uses.
12 (10) To acquire, construct, finance, operate, and
13 maintain water plants and systems to produce, purify, and
14 distribute water for consumption.
15 (11) To acquire, construct, finance, operate, and
16 maintain sewer systems for the collection, disposal, and reuse
17 of waste and to prevent water pollution in the district.
18 (12) To levy non-ad valorem assessments; to prescribe,
19 fix, establish, and collect rates, fees, rentals, fares, or
20 other charges, and to revise the same from time to time, for
21 the facilities and services furnished or to be furnished by
22 the district; and to recover the cost of making connection to
23 any district facility or system.
24 (13) To provide for the discontinuance of service and
25 reasonable penalties, including attorney's fees, against any
26 user or property for any such rates, fees, rentals, fares, or
27 other charges that become delinquent and require collection.
28 However, no charges or fees shall be established until after a
29 public hearing of the board at the district at which all
30 affected persons shall be given an opportunity to be heard.
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Florida Senate - 2006 SB 1734
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1 (14) To enter into agreements with any person, firm,
2 or corporation for the furnishing by such person, firm, or
3 corporation of any facilities and services of the type
4 provided for in this act.
5 (15) To enter into impact fee credit agreements with
6 local general-purpose governments. In the event the district
7 enters into an impact fee credit agreement with a local
8 general-purpose government where the district constructs or
9 makes contributions for public facilities for which impact fee
10 credits would be available, the agreement may provide that
11 such impact fee credits shall inure to the landowners within
12 the district in proportion to their relative assessments, and
13 the district shall, from time to time, execute such
14 instruments, such as assignments of impact fee credits, as may
15 be necessary or desirable to accomplish or confirm the
16 foregoing.
17 (16) To construct and maintain facilities for and take
18 measures to control mosquitoes and other arthropods of public
19 health importance.
20 (17) To finance, fund, plan, establish, acquire,
21 construct or reconstruct, enlarge or extend, equip, operate,
22 and maintain additional systems and facilities for
23 conservation areas, mitigation areas, and wildlife habitat,
24 including the maintenance of any plant or animal species.
25 (18) To borrow money and issue negotiable or other
26 bonds of the district as hereinafter provided, bearing
27 interest at an amount not to exceed the maximum interest
28 allowable by law, in anticipation of the collection of taxes
29 and assessments or revenues of the district, and to pledge or
30 hypothecate such taxes, assessments, and revenues to secure
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Florida Senate - 2006 SB 1734
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1 such bonds, notes, or obligations, and to sell, discount,
2 negotiate, and dispose of the same.
3 (19) To provide public safety, including, but not
4 limited to, security, guardhouses, fences and gates,
5 electronic intrusion detection systems, and patrol cars, when
6 authorized by proper governmental agencies, except that the
7 district may not exercise any police power, but may contract
8 with the appropriate local general-purpose governmental
9 agencies for an increased level of such service within the
10 district boundaries.
11 (20) To provide systems and facilities for fire
12 prevention and control and emergency medical services,
13 including the construction or purchase of fire stations, water
14 mains and plugs, fire trucks, and other vehicles and equipment
15 consistent with any adopted Palm Beach County ordinances,
16 rules, or regulations.
17 (21) To finance, fund, plan, establish, acquire,
18 construct or reconstruct, enlarge or extend, equip, and
19 maintain additional systems and facilities for school
20 buildings and related structures pursuant to this act and
21 chapter 1013, Florida Statutes, which may be leased, sold, or
22 donated to the school district for use in the educational
23 system when authorized by the district school board.
24 (22) To implement district plans and projects within
25 units of development pursuant to chapter 298, Florida
26 Statutes.
27 (23) To establish and create such departments,
28 committees, boards, or other agencies, including a public
29 relations committee, as from time to time the board of
30 supervisors may deem necessary or desirable in the performance
31 of this act or other things necessary to the exercise of the
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Florida Senate - 2006 SB 1734
39-1241-06 See HB 725
1 powers provided in this act, and to delegate to such
2 departments, boards, or other agencies such administrative
3 duties and other powers as the board of supervisors may deem
4 necessary or desirable.
5 (24) To accept and utilize grants, gifts, or loans for
6 the provision of public infrastructure from all available
7 public and private sources.
8 (25) To exercise all other powers necessary,
9 convenient, or proper in connection with any of the powers or
10 duties of the district stated in this act. The powers and
11 duties of the district shall be exercised by and through the
12 board of supervisors thereof, which board shall have the
13 authority to employ engineers, attorneys, agents, employees,
14 and representatives as the board of supervisors may from time
15 to time determine, and to fix their compensation and duties.
16 All powers and authority of the district shall extend and
17 apply to the district as a whole and to each unit of
18 development as, from time to time, may be designated by the
19 board of supervisors.
20 Section 4. Board of supervisors; organization, powers,
21 duties, and terms of office; vacancies.--
22 (1) There is hereby created the Board of Supervisors
23 of the Everglades Area Stewardship District, which shall be
24 the governing body of the district. The board of supervisors
25 shall consist of five persons who, except as herein otherwise
26 provided, shall hold office for terms of 4 years each and
27 until their successors shall be duly appointed.
28 (2) Members of the board of supervisors shall be
29 appointed by the Governor. Three members shall be residents
30 and electors within the Cities of South Bay, Belle Glade, and
31 Pahokee. Two members shall be landowners within the
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Florida Senate - 2006 SB 1734
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1 unincorporated portion of the district and residents and
2 electors within Palm Beach County. The Governor shall appoint
3 all board members within 30 days after the date of the
4 referendum required pursuant to section 10, provided resident
5 electors of the district approve of district creation. Initial
6 board members appointed as resident electors of incorporated
7 areas shall serve from the date of appointment until September
8 30, 2008, and until their successors are appointed. Board
9 members appointed from unincorporated areas shall serve from
10 the date of appointment until September 30, 2010, and until
11 their successors are appointed. Thereafter, all terms shall be
12 4 years each.
13 (3) The Board of Supervisors of the Everglades Area
14 Stewardship District shall be residents of the state and Palm
15 Beach County and citizens of the United States. In case of a
16 vacancy in the office of any supervisor, the remaining
17 supervisors may fill such vacancy until September 30 of the
18 year in which the vacancy occurred or September 30 of the year
19 after the vacancy occurred if it occurred on October 1 or
20 thereafter, when his or her successor shall be appointed by
21 the Governor for the unexpired term. All supervisors shall
22 hold office until their successors have been appointed and
23 qualified. A supervisor may be removed from office by the
24 Governor pursuant to section 298.11, Florida Statutes.
25 (4) As soon as practicable after appointment, the
26 board of supervisors of the district shall organize by
27 choosing one member to serve as president of the board of
28 supervisors and by electing some suitable person, who may or
29 may not be a member of the board, to serve as secretary. The
30 board of supervisors shall adopt a seal, which shall be the
31 seal of the district.
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Florida Senate - 2006 SB 1734
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1 (5) The board shall thereafter be responsible for the
2 development, adoption, and implementation of an infrastructure
3 facilities plan in cooperation with Palm Beach County, the
4 Cities of South Bay, Belle Glade, and Pahokee, and any other
5 cooperating political subdivisions and private business
6 entities. The purpose of the plan shall be development and
7 implementation of an orderly strategy for the provision of
8 public infrastructure and facilities within the district to
9 stimulate redevelopment and sound economic growth.
10 (6) Prior to taking any district action, a quorum must
11 be present. Quorum for district meetings shall be three
12 supervisors.
13 Section 5. Compensation of board; per diem.--The board
14 of supervisors may be compensated up to $500 per month upon
15 approval by four of the five board members. The board of
16 supervisors may, by resolution, adopt a rate of reimbursement
17 for travel, mileage, and meals for board members and district
18 employees and representatives on official district business
19 pursuant to applicable general law.
20 Section 6. Non-ad valorem assessments.--
21 (1) NON-AD VALOREM ASSESSMENTS.--Non-ad valorem
22 assessments for the construction, operation, or maintenance of
23 district facilities, services, and operations shall be
24 assessed, levied, and collected pursuant to chapter 170 or
25 chapter 197, Florida Statutes. The district may levy a uniform
26 initial assessment pursuant to section 298.349, Florida
27 Statutes, for the purposes stated therein against all
28 assessable property within the district, provided, however,
29 that the initial assessment shall not exceed $10 per acre or
30 any fraction thereof. The uniform initial assessment shall be
31 placed upon the Palm Beach County tax roll by the property
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Florida Senate - 2006 SB 1734
39-1241-06 See HB 725
1 appraiser and collected thereafter by the county tax collector
2 upon notice that the board has levied the assessment.
3 (2) ASSESSMENTS AND COSTS; A LIEN ON LAND AGAINST
4 WHICH ASSESSED.--All assessments provided for in this act,
5 together with all penalties for default in payment of the same
6 and all costs in collecting the same, shall, from the date of
7 assessment thereof until paid, constitute a lien of equal
8 dignity with the liens for county taxes, and other taxes of
9 equal dignity with county taxes, upon all the lands against
10 which such taxes shall be levied as is provided in this
11 chapter.
12 (3) COMPENSATION OF PROPERTY APPRAISER, TAX COLLECTOR,
13 AND CLERK OF THE CIRCUIT COURT.--The Property Appraiser, Tax
14 Collector, and Clerk of the Circuit Court of Palm Beach County
15 shall be entitled to compensation for services performed in
16 connection with assessments of the district as provided by
17 general law.
18 (4) LEVY OF NON-AD VALOREM ASSESSMENTS ON LAND LESS
19 THAN 1 ACRE.--In levying and assessing all assessments, each
20 tract or parcel of land less than 1 acre in area shall be
21 assessed as a full acre, and each tract or parcel of land more
22 than 1 acre in area which contains a fraction of an acre shall
23 be assessed at the nearest whole number of acres, a fraction
24 of one-half or more to be assessed as a full acre.
25 Section 7. When unpaid assessments delinquent;
26 penalty.--All assessments provided for in this act shall be
27 and become delinquent and bear penalties on the amount of the
28 assessments in the same manner as county taxes.
29 Section 8. Enforcement of assessments.--The collection
30 and enforcement of all assessments levied by the district
31 shall be at the same time and in like manner as county taxes;
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Florida Senate - 2006 SB 1734
39-1241-06 See HB 725
1 and the provisions of general law relating to the sale of
2 lands for unpaid and delinquent county taxes; the issuance,
3 sale, and delivery of tax certificates for such unpaid and
4 delinquent county taxes; the redemption thereof; the issuance
5 to individuals of tax deeds based thereon; and all other
6 procedures in connection therewith shall be applicable to the
7 district and the delinquent and unpaid assessments of the
8 district to the same extent as if the statutory provisions
9 were expressly set forth in this act. All assessments shall be
10 subject to the same discounts as county taxes.
11 Section 9. Issuance of revenue bonds, assessment
12 bonds, and bond anticipation notes.--
13 (1) In addition to the other powers provided the
14 district, and not in limitation thereof, the district shall
15 have the power, pursuant to this act and applicable general
16 law, at any time, and from time to time, after the issuance of
17 any bonds of the district shall have been authorized, to
18 borrow money for the purposes for which such bonds are to be
19 issued in anticipation of the receipt of the proceeds of the
20 sale of such bonds and to issue bond anticipation notes in a
21 principal sum not in excess of the authorized maximum amount
22 of such bond issue.
23 (2) Pursuant to this act and applicable general law,
24 the district shall have the power to issue assessment bonds
25 and revenue bonds from time to time, without limitation as to
26 amount, for the purpose of financing those systems and
27 facilities provided for in section 3. Such bonds may be
28 secured by, or payable from, the gross or net pledge of the
29 revenues to be derived from any project or combination of
30 projects; from the rates, fees, or other charges to be
31 collected from the users of any project or projects; from any
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Florida Senate - 2006 SB 1734
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1 revenue-producing undertaking or activity of the district;
2 from non-ad valorem assessments; or from any other source or
3 pledged security. Such bonds shall not constitute an
4 indebtedness of the district, and the approval of the
5 qualified electors shall not be required unless such bonds are
6 additionally secured by the full faith and credit and taxing
7 power of the district.
8 (3) Any issue of bonds may be secured by a trust
9 agreement by and between the district and a corporate trustee
10 or trustees, which may be any trust company or bank having the
11 powers of a trust company within or without the state. The
12 resolution authorizing the issuance of the bonds or such trust
13 agreement may pledge the revenues to be received from any
14 projects of the district and may contain such provisions for
15 protecting and enforcing the rights and remedies of the
16 bondholders as the board may approve, including, without
17 limitation, covenants setting forth the duties of the district
18 in relation to the acquisition, construction, reconstruction,
19 stewardship, maintenance, repair, operation, and insurance of
20 any projects; the fixing and revising of the rates, fees, and
21 charges; and the custody, safeguarding, and application of all
22 moneys and for the employment of consulting engineers in
23 connection with such acquisition, construction,
24 reconstruction, stewardship, maintenance, repair, or
25 operation.
26 (4) Bonds of each issue shall be dated; shall bear
27 interest at such rate or rates, including variable rates,
28 which interest may be tax exempt or taxable for federal income
29 tax purposes; shall mature at such time or times from their
30 date or dates; and may be made redeemable before maturity at
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Florida Senate - 2006 SB 1734
39-1241-06 See HB 725
1 such price or prices and under such terms and conditions as
2 may be determined by the board.
3 (5) The district shall have the power to issue bonds
4 for the purpose of refunding any outstanding bonds of the
5 district.
6 (6) All bonds issued by the district shall comply with
7 the applicable provisions of chapter 298, Florida Statutes,
8 and other applicable general law.
9 Section 10. Referendum.--
10 (1) In conjunction with the general election held on
11 November 7, 2006, and in accordance with the general laws
12 governing elections, the Palm Beach County Supervisor of
13 Elections shall conduct a referendum of qualified electors for
14 the purpose of posing the following question:
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16 Creation of the Everglades Area Stewardship District
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18 Shall the Everglades Area Stewardship District be created by
19 special act of the Legislature and authorized to levy user
20 fees and non ad-valorem assessments on real property within
21 the district for the purpose of financing public
22 infrastructure and providing services within the district?
23
24 ___Yes
25 ___No
26
27 (2) "Qualified elector" means a person who is
28 registered to vote in a general election in Palm Beach County
29 and who resides within the boundaries of the district as set
30 forth in section 1.
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Florida Senate - 2006 SB 1734
39-1241-06 See HB 725
1 Section 11. Severability.--In case any one or more of
2 the sections or provisions of this act or the application of
3 such sections or provisions to any situation, circumstance, or
4 person shall for any reason be held to be unconstitutional,
5 such unconstitutionality shall not affect any other sections
6 or provisions of this act or the application of such sections
7 or provisions to any other situation, circumstance, or person,
8 and it is intended that this law shall be construed and
9 applied as if such section or provision had not been included
10 herein for any unconstitutional application.
11 Section 12. This act shall take effect only upon its
12 approval by a majority vote of those qualified electors of the
13 area described in section 1 voting in a referendum election
14 held in accordance with section 10, except that this section
15 and section 10 shall take effect upon becoming a law.
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