Senate Bill sb2766

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    Florida Senate - 2006        (NP)                      SB 2766

    By Senator Alexander





    17-1692-06                                              See HB

  1                      A bill to be entitled

  2         An act relating to the Grove Community

  3         District, Okeechobee County; providing a short

  4         title; creating the Grove Community District;

  5         providing for findings, determinations,

  6         ascertainments, intent, purpose, definitions,

  7         and policy; providing a charter; providing

  8         jurisdiction; providing boundaries; providing

  9         powers of the district; creating the district

10         as a special, limited, and single-purpose

11         independent district, an independent local

12         government, and corporate body politic, to

13         provide community development infrastructure;

14         providing for authority, boundaries,

15         jurisdiction, and charter amendment; providing

16         for a governing board and terms of office and

17         duties thereof; providing for elections;

18         providing for a district manager; providing for

19         bonds; providing for borrowing; providing for

20         future transition to ad valorem taxation;

21         providing for special assessments; providing

22         for issuance of certificates of indebtedness;

23         providing for tax liens; providing minimum

24         charter requirements; providing for the

25         applicability of and compliance with provisions

26         of chapter 189, Florida Statutes, and other

27         general laws; providing for severability;

28         providing for a referendum; providing an

29         effective date.

30  

31  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1         Section 1.  Short title.--This act may be known as the

 2  "Grove Community District Act."

 3         Section 2.  Legislative findings, ascertainments,

 4  determinations, intent, purpose, definitions, and policy.--

 5         (1)  LEGISLATIVE FINDINGS.--

 6         (a)  The northeastern area of Okeechobee County is

 7  unique and special.

 8         (b)  The land area of Okeechobee County is relatively

 9  untouched and is predominantly used for agriculture or is

10  undeveloped.

11         (c)  The economy of Okeechobee County is dominated by

12  farm and retirement industries and:

13         1.  Okeechobee County is beginning to experience the

14  economic growth that substantially large parts of the

15  remainder of the state have already experienced.

16         2.  While the influence of the farming industry

17  continues to decline, the retirement industry is a major and

18  growing industry.

19         3.  Okeechobee County will experience rapid growth in

20  population over the next 20 years, as more retirees move to

21  the state and find coastal housing too expensive and as more

22  residents from coastal Florida counties move inland to

23  Okeechobee County, including northeastern Okeechobee County.

24         (d)  In implementing protection of natural resources,

25  retention of viable agriculture, and promotion of a sound

26  economy, the Okeechobee County Comprehensive Plan promotes

27  compact, efficient, and self-sustaining mixed-use development.

28         (e)  Evans Properties, Inc., own or have control over

29  approximately 5,683 acres for the development of an innovative

30  new self-sustaining community that fits the goals,

31  aspirations, and plans for northeastern Okeechobee County.

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1         (f)  Within and subject to the comprehensive plan and

 2  land development regulations, such a community requires

 3  appropriate compact, balanced, self-sustaining, and mixed-use

 4  development on a human scale with the required innovative

 5  balance of such importance to the northeastern Okeechobee

 6  County area.

 7         (g)  In particular:

 8         1.  Creating a new community in northeastern Okeechobee

 9  County requires a critical coinciding of existing and future

10  land use with provision of capital facilities and related

11  systems and services, based upon timely, flexible, and

12  specialized management of critical factors and sequential

13  events, balancing among the interests of private enterprise,

14  agriculture, private citizens, taxpayers, consumers, the

15  environment, the economy, the initial landowners, and all

16  applicable levels of government.

17         2.  All the applicable public and private persons and

18  entities have invested and expended substantial time and

19  moneys to generate the county comprehensive plan and the

20  existing and future consistent specific regulatory and

21  comprehensive planning entitlements and consistent land

22  development regulations for the identification, preparation,

23  and development of a new community.

24         3.  Creating such a new community using a

25  single-purpose special independent district to provide

26  infrastructure constitutes innovative planning and flexible

27  development strategies pursuant to section 163.3177(11),

28  Florida Statutes, and Rule 9J-5.006(5)(l), Florida

29  Administrative Code, to minimize the conversion of

30  agricultural lands to other uses, to discourage urban sprawl,

31  and to protect environmentally sensitive areas while

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  maintaining the economic viability of agricultural and other

 2  predominately rural land uses and providing for the efficient

 3  use of public facilities and services as provided expressly in

 4  objective L7 of the Okeechobee County Comprehensive Plan,

 5  Future Land Use Element.

 6         (h)  There is in particular a special need to use a

 7  specialized and limited single-purpose independent district

 8  unit of local government for the new community:

 9         1.  To prevent urban sprawl by providing

10  self-sustaining and freestanding infrastructure and by

11  preventing needless and counterproductive community

12  development when the existing urban area is not yet developed.

13         2.  To prevent the needless duplication, fragmentation,

14  and proliferation of local government services in a proposed

15  land use area.

16         (i)  Management of public health, safety, welfare,

17  economic, natural, and historic resources in this area of

18  northeastern Okeechobee County transcends the boundaries and

19  responsibilities of both private landowners and individual

20  units of government, so that no one single public or private

21  entity or person can plan or implement policies to deal with

22  the many issues which attend the provision of basic systems,

23  facilities, and services to the area to be managed in

24  northeastern Okeechobee County in order to provide for a new

25  community in the area.

26         (j)  It is the expressed set of findings of the

27  Legislature further that:

28         1.  There is a considerably long period of time during

29  which there is an inordinate infrastructure burden on the

30  initial landowners of the agricultural land area for the new

31  community because of the innovative, special, and unique

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  requirements in the Okeechobee County Comprehensive Plan for

 2  the northeastern Okeechobee County area, dealing specifically

 3  with flexible management and related sequencing, timing, and

 4  financing of the various systems, facilities, and services to

 5  be provided to the new community, taking into consideration

 6  absorption rates, commercial viability, and related factors.

 7         2.  Even as the community matures, there is continuing

 8  need for landowners, both initial and subsequent, to bear

 9  burdens to provide important infrastructure that remain

10  relatively inordinate in order to preserve such inordinate

11  benefits for northeastern Okeechobee County as the unique

12  environmental and economic purpose of the new community.

13         3.  Longer involvement of the initial landowner with

14  regard to the provision of basic systems, facilities, and

15  services in the new community area, coupled with a severely

16  limited and highly specialized single purpose of the district,

17  is in the public interest.

18         4.  Any public or private system to provide basic

19  infrastructure improvements, systems, facilities, and services

20  to this new community in northeastern Okeechobee County must

21  be focused on an unfettered, highly specialized, innovative,

22  responsive, accountable mechanism to provide the components of

23  infrastructure at sustained levels of high quality over the

24  long term only when and as needed for such a unique community

25  in such a unique area.

26         5.  There is a critical need to maintain such provision

27  of such systems, facilities, and services to the new community

28  because of the unique location and attributes of the

29  northeastern Okeechobee County area, coupled with the unique

30  purpose and location of this new community, subject to,

31  complying with, and not inconsistent with the state, regional,

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  and local requirements which attend implementation of the

 2  state plan and the county comprehensive plan.

 3         6.  This need is met by coinciding the use and special

 4  attributes of various public and private alternatives for the

 5  provision of infrastructure to such a community development,

 6  including:

 7         a.  The public policy and related implementing zoning,

 8  permitting, and planning expertise, interests, and

 9  capabilities of state and regional government and of the

10  Okeechobee County general-purpose local government;

11         b.  The flexible, limited, focused, and locally

12  accountable management and related financing capabilities of

13  independent special-purpose local government; and

14         c.  The innovative development and marketing

15  private-sector expertise of the initial landowners,

16  developers, and other components of private enterprise.

17         7.  The specialized financing and revenue procedures

18  for the levy and imposition of first-lien assessments, by a

19  variety of names, must be disclosed, followed, noticed, fair,

20  nonarbitrary, informed, reasonable, and accountable and must

21  be set forth dispositively.

22         (k)  The existence and use of such a limited

23  specialized single-purpose local government for the new

24  community, subject to the Okeechobee County Comprehensive

25  Plan, will result in a high propensity:

26         1.  To prevent urban sprawl, to protect and preserve

27  environmental, conservation, and agricultural uses and assets,

28  and to enhance the high-quality use of the applicable area of

29  northeastern Okeechobee County;

30         2.  To enhance the market value for both present and

31  future landowners of the property consistent with the need to

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  protect private property rights in the northeastern Okeechobee

 2  area;

 3         3.  To enhance the net economic benefit to the

 4  Okeechobee County area, including an enhanced and

 5  well-maintained tax base to the benefit of all present and

 6  future taxpayers in Okeechobee County; and

 7         4.  To share the costs for providing such basic

 8  systems, facilities, and services in an innovative,

 9  sequential, and flexible manner within the new community to be

10  serviced by the Grove Community District.

11         (2)  ASCERTAINMENTS.--Based upon these findings, the

12  Legislature has learned and ascertains that:

13         (a)  There are two public or governmental alternatives

14  and one private alternative available to plan, construct,

15  maintain, and finance the provision of systems, facilities,

16  and services in the intended new community area of

17  northeastern Okeechobee County:

18         1.  One of the public or governmental alternatives for

19  such infrastructure provision is by the board of county

20  commissioners within the Okeechobee County political

21  subdivision which can provide certain basic systems,

22  facilities, and services directly or with management by its

23  staff with financing through either a municipal service taxing

24  unit for ad valorem taxes or municipal service benefit for

25  assessments, or indirectly by nonemergency ordinance use of a

26  dependent district.

27         2.  The second public alternative is use of an

28  independent special district.

29         3.  The private alternative is the private landowner, a

30  private homeowner association, a private utility, a private

31  

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  business corporation, or a partnership or combination of these

 2  various private alternatives.

 3         (b)  Planning, permitting, and creating the new

 4  community and using the independent specialized single-purpose

 5  Grove Community District created by this act are consistent

 6  with and implement both the Okeechobee County Comprehensive

 7  Plan and Land Development Regulations and also the following

 8  long-standing and expressed policies of the state:

 9         1.  To allow the creation of independent special taxing

10  districts which have uniform general law standards and

11  procedures and which do not overburden other local governments

12  and their taxpayers while preventing the proliferation of

13  independent special taxing districts which do not meet the

14  standards set forth in section 187.201(20), Florida Statutes.

15         a.  There are two alternatives for the use of

16  independent special districts. One alternative is

17  establishment on the approximately 5,683 acres by rule of the

18  Governor and Cabinet of a uniform community development

19  district; the other is a special independent district meeting

20  the minimum requirements of chapter 189, Florida Statutes, the

21  applicable district accountability general law.

22         b.  Use of this special act, creating and establishing

23  the district on the approximately 5,683 acres in northeastern

24  Okeechobee County, is the better of the two independent

25  district alternatives because it updates the charter of a

26  community development district under chapter 190, Florida

27  Statutes, eliminates potential for its abuse, clarifies and

28  sets forth certain uniform procedures for liens on property

29  and for access by the public to the property, and makes other

30  substantial reforms to the benefit of the people of Okeechobee

31  County and future landowners, residents, and visitors.

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1         2.  To encourage the development of local water

 2  supplies, pursuant to section 187.201(7)(b)3., Florida

 3  Statutes.

 4         3.  To recognize the existence of legitimate and often

 5  competing public and private interests and land use

 6  regulations and other government action, pursuant to section

 7  187.201(14)(a), Florida Statutes.

 8         4.  Consistent with the Okeechobee County Comprehensive

 9  Plan, to recognize the importance of preserving natural

10  resources and enhancing quality of life by development in

11  those areas where land and water resources, fiscal abilities,

12  and service capacity can accommodate the land use and growth

13  in a manner that is environmentally acceptable, pursuant to

14  section 187.201(15)(a), Florida Statutes.

15         5.  To allocate costs of new public facilities on the

16  basis of benefits received by existing and future residents

17  while planning for the management and financing of new

18  facilities to serve residents in a timely, orderly, and

19  efficient manner, pursuant to section 187.201(17)(a) and

20  (b)3., Florida Statutes.

21         6.  To encourage local government financial

22  self-sufficiency in providing public facilities and to

23  identify and implement fiscally sound, innovative, and

24  cost-effective techniques to provide and finance public

25  facilities while encouraging development, use, and

26  coordination of capital improvement plans by all levels of

27  government, pursuant to section 187.201(17)(b)5., 6., and 7.,

28  Florida Statutes, as provided also in the Okeechobee County

29  Comprehensive Plan.

30         7.  To increase, promote, and provide access to

31  cultural, historical, and educational resources and

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  opportunities, pursuant to section 187.201(18)(a) and (b)1.,

 2  Florida Statutes.

 3         8.  To enhance and diversify the economy of the

 4  Okeechobee County area by promoting partnerships among

 5  education, business, industry, agriculture, and the arts,

 6  provide opportunities for training skilled employees for new

 7  and expanding businesses, and promote self-sufficiency through

 8  training and educational programs that result in productive

 9  employment, pursuant to section 187.201(21)(a) and (b)6., 7.,

10  and 8., Florida Statutes.

11         9.  To encourage and enhance cooperation among

12  communities that have unique assets, irrespective of political

13  boundaries, to bring the private and public sectors together

14  for establishing an orderly, environmentally sound, and

15  economically sound plan for current and future needs and

16  growth, pursuant to section 187.201(25)(b)8., Florida

17  Statutes.

18         10.  To create independent special districts by or

19  pursuant to general law to ensure long-term management and

20  related financing, to meet the need in the state for timely,

21  efficient, effective, responsive, innovative, accountable,

22  focused, and economic ways to deliver basic services to new

23  communities to solve the state's planning, management, and

24  financing needs for delivery of capital infrastructure in

25  order in turn to provide for projected growth only and to do

26  so without overburdening other governments and their

27  taxpayers, pursuant to section 189.402, Florida Statutes, so

28  that providing to the new community basic systems, facilities,

29  and services by independent special districts remains pursuant

30  to uniform general law and section 189.402(3)(a) and (c),

31  Florida Statutes.

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1         11.  To ensure that those independent districts and the

 2  exercise of their powers are consistent and comply with

 3  applicable due process, disclosure, accountability, ethics,

 4  and government-in-the-sunshine requirements of law, both to

 5  the independent districts and to their elected and appointed

 6  officials, pursuant to section 189.402(3)(b), Florida

 7  Statutes, because independent special districts are a

 8  legitimate alternative method available for use by both the

 9  public and private sectors to manage, own, operate, construct,

10  and finance basic capital infrastructure systems, facilities,

11  and services, pursuant to section 189.402(4)(a), Florida

12  Statutes.

13         12.  To ensure that an independent special district is

14  created to serve a special purpose to cooperate and to

15  coordinate its activities with the applicable general-purpose

16  local government because aspects of growth and development

17  transcend boundaries and responsibilities of individual units

18  of government so that no single unit of government can plan or

19  implement policies to deal with these issues unilaterally as

20  effectively, pursuant to section 189.402(7) and (8), Florida

21  Statutes.

22         (c)  Construction, operation, and development of the

23  new community and the use of the special and single-purpose

24  independent district are not inconsistent with the Okeechobee

25  County Comprehensive Plan.

26         (d)  This land area for the new community requires an

27  independent, special, and single-purpose local government, in

28  the form of an independent special district as defined in

29  section 189.403(3), Florida Statutes, subject to all

30  substantive and procedural limitations under state law,

31  including this act, in order to constitute itself a highly

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  specialized alternative and viable growth management

 2  concurrency mechanism appropriate for this unique area,

 3  available to both the private and public sectors.

 4         (e)  Such a district requires timely, flexible,

 5  limited, and specialized management and related financing

 6  capabilities under its uniform state charter, created by this

 7  act pursuant to general law, in order to produce those

 8  flexible, innovative, and highly specialized benefits to the

 9  new community property in northeastern Okeechobee County.

10         (f)  Such a district must have management capabilities

11  to provide pinpointed, focused, accountable, responsive,

12  limited, specialized, and low-overhead-based capability,

13  authority, and power to provide basic systems, facilities, and

14  services to the new community development with economies of

15  scale but at sustained high levels of quality over the long

16  term.

17         (g)  In order to be responsive to the critical timing

18  required through the exercise of its special management

19  functions, an independent district requires financing of those

20  functions, including bondable lienable and nonlienable

21  revenue, with full and continuing public disclosure and

22  accountability, funded by landowners, both present and future,

23  and funded also by users of the systems, facilities, and

24  services provided to the land area by the district, without

25  burdening the taxpayers and citizens of the state or of

26  Okeechobee County or any municipality in Okeechobee County.

27         (h)  The provision of services by this independent

28  district must implement, be subject to, and function not

29  inconsistent with any related permitting and planning

30  requirements of Okeechobee County and of the Okeechobee County

31  Comprehensive Plan and Land Development Regulations.

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1         (i)  The creation, existence, and operation of the

 2  Grove Community District, as limited and specialized to its

 3  single narrow purpose, will also:

 4         1.  Constitute a public mechanism to translate the

 5  anti-urban-sprawl objective of the Okeechobee County

 6  Comprehensive Plan Future Land Use Element into reality.

 7         2.  Constitute a disincentive for premature or

 8  inappropriate municipal incorporation consistent with state

 9  law.

10         3.  Result in self-contained and self-sustained

11  high-quality infrastructure over the long term.

12         4.  Provide a mechanism for full and continuing

13  disclosure of how basic systems, facilities, and services are

14  both managed and financed, including full and continuing

15  disclosure to both prospective purchasers and all residents of

16  public financing related to any burdens of land ownership and

17  any related burdens on existing or future residents.

18         5.  Implement the Okeechobee County Comprehensive Plan

19  Future Land Use Element because innovative land techniques

20  that use public facilities efficiently, that meet county

21  needs, and that promote a sense of pride and community for its

22  residents are encouraged where the new community is located.

23         (j)  The district is also a mechanism to implement the

24  Okeechobee County Concurrency Management System designed to

25  coincide with, and to implement, both the Okeechobee County

26  future land use element and the capital improvements element

27  for basic systems, facilities, and services consistent with

28  the best interests of the new community.

29         (k)  By serving its single specialized purpose and in

30  preventing urban sprawl, the district will not result in

31  needless proliferation, duplication, and fragmentation of

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  local government systems, facilities, and services in this

 2  area of northeastern Okeechobee County.

 3         (l)  Subject to its substantive and procedural

 4  limitations, the district will assist directly in public and

 5  combined public and private planning and coordination in order

 6  to achieve innovative solutions to the needs and requirements

 7  in this unique new community located in northeastern

 8  Okeechobee County.

 9         (m)  Management of the timing and phasing of critical

10  sequential events, coordinated by the initial private

11  landowner and the Board of County Commissioners of Okeechobee

12  County, is of fundamental importance and is the basis of the

13  inordinate burden on the initial landowner developer and to

14  enhance the provision of sustained high-quality infrastructure

15  over the long term to enhance the intrinsic value of the new

16  community in order to implement its requirements.

17         (n)  The critical single purpose of the district to

18  provide basic infrastructure systems, facilities, services,

19  works, infrastructure, and improvements to the private new

20  community is in the public interest because it:

21         1.  Does not pass on taxes or profits to purchasers of

22  property or to landowners and residents within their

23  jurisdictions.

24         2.  Results in less tendency for short-term planning,

25  construction, and management considerations because the

26  elections for members of the government board are staggered.

27         3.  Is not influenced, guided, or limited by quarterly

28  and annual profit statements.

29         4.  Does not have police or regulatory powers.

30         5.  Does not have larger general-purpose overhead

31  responsibilities.

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1         6.  Is not subject to legitimate but counterveiling

 2  fiscal, economic, policy, and political considerations to

 3  which large general-purpose local governments and large

 4  landowners and developers would be subject in the natural

 5  course of events.

 6         7.  Does not constitute needless duplication,

 7  proliferation, or fragmentation of local government systems,

 8  facilities, and services in Okeechobee County.

 9         8.  Shall operate and function subject to and not

10  inconsistent with the county comprehensive plan with least

11  overhead cost and with the highest amount of the public

12  disclosure, accountability, responsiveness, and productivity.

13         9.  Coincides its functions with the authority and best

14  interests of local general-purpose government, the private

15  landowners, both present and future, the taxpayers, the future

16  residents, and the state in the provision of needed

17  infrastructure to the community at sustained levels of quality

18  over the long term.

19         10.  Provides highly accountable innovative systems,

20  facilities, and services close to the land and close to the

21  people.

22         11.  Serves a land area that is amenable to separate

23  special district government.

24         12.  Serves a land area that is sufficiently compact

25  and of size sufficient for the functionally interrelated new

26  community development.

27         13.  Serves a land area in which there is no existing

28  local or regional system, facility, or service with which

29  creation and operation of this district and the provision of

30  its systems, facilities, improvements, and infrastructure

31  would be incompatible.

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1         14.  Will enhance the intrinsic value of the property

 2  and the new community development and be a sustaining source

 3  of public revenue.

 4         (o)  The independent district charter created in this

 5  act involves innovative general and special powers not

 6  otherwise available for this unique and highly specialized

 7  first ever new community in such a unique area.

 8         (p)  The minimum requirements of general law or

 9  creation of this district by special act have been met as

10  confirmed and set forth expressly in section 3(1).

11         (3)  DETERMINATIONS.--Based upon its findings and

12  ascertainments, the Legislature states expressly and

13  determines that:

14         (a)  This act represents the findings, ascertainments,

15  and determinations of the Legislature that creating the Grove

16  Community District by special act pursuant to general law is

17  the best alternative as required by section 189.404(2)(e)3.,

18  Florida Statutes, because it meets affirmatively the findings

19  and ascertainments of this Legislature set forth hereinabove.

20         (b)  The creation by this act of the district in the

21  area of northeastern Okeechobee County is consistent

22  affirmatively with the Okeechobee County Comprehensive Plan.

23         (c)  The authority for this act is pursuant to section

24  189.404, Florida Statutes, and the State Comprehensive Plan

25  pursuant to section 187.201, Florida Statutes.

26         (d)  The Board of County Commissioners of Okeechobee

27  County, on January 12, 2006, adopted Resolution 2006-1,

28  expressing no objection to the creation and establishment of

29  the Grove Community District and finding it consistent with

30  the Okeechobee County Comprehensive Plan as provided in

31  section 189.404(2)(e)4., Florida Statutes.

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1         (4)  INTENT.--Based upon its findings, ascertainments,

 2  and determinations, the Legislature expresses its intent:

 3         (a)  To ensure that the creation and operation of the

 4  Grove Community District by and pursuant to this act,

 5  exercising its management and related financing powers to

 6  implement its limited, single, and special purpose, is not a

 7  development order and does not trigger or invoke any

 8  development provision within the meaning of chapter 380,

 9  Florida Statutes, and all applicable governmental planning,

10  environmental, and land development laws, regulations, rules,

11  policies, and ordinances apply to all development of the land

12  within the jurisdiction of the district created by this act.

13         (b)  That the district operate and function subject to,

14  and not inconsistent with, the Okeechobee County Comprehensive

15  Plan and Land Development Regulations and any applicable

16  development orders, zoning regulations, or other land

17  development regulations.

18         (c)  That under this act, this special and

19  single-purpose Grove Community District shall not have the

20  power of a general-purpose local government to adopt a

21  comprehensive plan or related land development regulations as

22  those terms are defined in the Local Government Comprehensive

23  Planning and Land Development Regulation Act.

24         (d)  That the Grove Community District created by this

25  act constitute an innovative mechanism for long-term,

26  sustained quality public stewardship through the planning,

27  implementation, construction, management, and related

28  financing of basic systems, facilities, services, and

29  infrastructure projects for the self-contained and

30  self-sustained mixed-use new community.

31  

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 1         (e)  That it is in the public interest that this

 2  limited, independent, specialized, and single-purpose district

 3  local government have perpetual existence subject only to

 4  legislative review as provided in its charter in this act so

 5  that it is not in a position to outlive its usefulness.

 6         (f)  That the exercise by this Grove Community District

 7  of its powers to carry out its single purpose under its

 8  charter as created by this act is consistent with applicable

 9  due process, disclosure, accountability, ethics, conflict of

10  interest, government-in-the-sunshine, competitive procurement,

11  including its employees or consultants, competitive

12  negotiation, and competitive bidding requirements, both as to

13  the government entity itself and as to its appointed or

14  elected officials as required in this act.

15         (5)  PURPOSE.--The limited, single, and specialized

16  purpose of the Grove Community District is to provide

17  community development systems, facilities, services, projects,

18  improvements, and infrastructure to the new community by

19  exercising its various management powers, with related

20  financing powers, both general and special, as set forth by

21  and limited by this act.

22         (6)  DEFINITIONS.--As used in this act:

23         (a)  "Ad valorem bonds" means bonds which are payable

24  from the proceeds of ad valorem taxes levied on real and

25  tangible personal property and which are generally referred to

26  as general obligation bonds.

27         (b)  "Assessable improvements" means, without

28  limitation, any and all public improvements and community

29  facilities that the district is empowered to provide in

30  accordance with this act, which provide a special benefit to

31  property within the district.

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 1         (c)  "Assessment bonds" means special obligations of

 2  the district which are payable solely from proceeds of the

 3  special assessments or benefit special assessments levied for

 4  assessable improvements; however, in lieu of issuing

 5  assessment bonds to fund the costs of assessable improvements,

 6  the district may issue revenue bonds for such purposes payable

 7  from special assessments.

 8         (d)  "Assessments" means those nonmillage district

 9  assessments which include special assessments, benefit special

10  assessments, and maintenance special assessments and a

11  nonmillage, non-ad valorem maintenance tax if authorized by

12  general law.

13         (e)  "Benefit special assessments" are district

14  assessments imposed, levied, and collected pursuant to the

15  provisions of section 4(14)(b).

16         (f)  "Board" means the governing board of the district

17  or, if such board has been abolished, the board, body, or

18  commission succeeding to the principal functions thereof or to

19  whom the powers given to the board by this act have been given

20  by law.

21         (g)  "Bond" includes "certificate," and the provisions

22  which are applicable to bonds are equally applicable to

23  certificates. The term "bond" includes any general obligation

24  bond, assessment bond, refunding bond, revenue bond, and other

25  such obligation in the nature of a bond as is provided for in

26  this act, as the case may be.

27         (h)  "Cost" or "costs," when used with reference to any

28  project, include, but are not limited to:

29         1.  The expense of determining the feasibility or

30  practicability of acquisition, construction, or

31  reconstruction.

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 1         2.  The cost of surveys, estimates, plans, and

 2  specifications.

 3         3.  The cost of improvements.

 4         4.  Engineering, fiscal, and legal expenses and

 5  charges.

 6         5.  The cost of all labor, materials, machinery, and

 7  equipment.

 8         6.  The cost of all lands, properties, rights,

 9  easements, and franchises acquired.

10         7.  Financing charges.

11         8.  The creation of initial reserve and debt service

12  funds.

13         9.  Working capital.

14         10.  Interest charges incurred or estimated to be

15  incurred on money borrowed prior to and during construction

16  and acquisition and for such reasonable period of time after

17  completion of construction or acquisition as the board may

18  determine.

19         11.  The cost of issuance of bonds pursuant to this

20  act, including advertisements and printing.

21         12.  The cost of any bond or tax referendum held

22  pursuant to this act and all other expenses of issuance of

23  bonds.

24         13.  The discount, if any, on the sale or exchange of

25  bonds.

26         14.  Administrative expenses.

27         15.  Such other expenses as may be necessary or

28  incidental to the acquisition, construction, or reconstruction

29  of any project or to the financing thereof or to the

30  development of any lands within the district.

31  

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 1         16.  Payments, contributions, dedications, and any

 2  other exactions required as a condition to receive any

 3  government approval or permit necessary to accomplish any

 4  district purpose.

 5         (i)  "Developed urban area" means any reasonably

 6  compact urban area.

 7         (j)  "District" or "Grove Community District" means the

 8  unit of special and single-purpose local government created

 9  and chartered by this act, including the creation of its

10  charter, and limited to the performance, in implementing its

11  single purpose, of those general and special powers authorized

12  by its charter under this act; the boundaries of which are set

13  forth by the act; and the governing head of which is created

14  and authorized to operate with legal existence by this act and

15  the purpose of which is as set forth in this act.

16         (k)  "District manager" means the manager of the

17  district.

18         (l)  "District roads" means highways, streets, roads,

19  alleys, sidewalks, landscaping, storm drains, bridges, and

20  thoroughfares of all kinds of descriptions.

21         (m)  "General obligation bonds" means bonds which are

22  secured by, or provide for their payment by, the pledge, in

23  addition to those special taxes levied for their discharge and

24  such other sources as may be provided for their payment or

25  pledged as security under the resolution authorizing their

26  issuance, of the full faith and credit and taxing power of the

27  district and for payment of which recourse may be had against

28  the general fund of the district.

29         (n)  "Governing board member" means any member of the

30  board.

31  

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 1         (o)  "Land development regulations" means those

 2  regulations of general-purpose local government, adopted under

 3  the Local Government Comprehensive Planning and Land

 4  Development Regulations Act, the Growth Management Act, and

 5  chapter 163, Florida Statutes, to which the district is

 6  subject and as to which the district may not doing anything

 7  that is inconsistent; but this term does not mean specific

 8  management engineering, planning, and other criteria and

 9  standards needed in the daily management and implementation by

10  the district of its provision of basic systems, facilities,

11  services, works, improvements, projects, or infrastructure,

12  including design criteria and standards, so long as they

13  remain subject to and are not inconsistent with the Okeechobee

14  County Comprehensive Plan and the applicable land development

15  regulations.

16         (p)  "Landowner" means the owner of a freehold estate

17  as appears by the deed record, including a trustee, a private

18  corporation, and an owner of a condominium unit; it does not

19  include a reversioner, remainderman, mortgagee, or any

20  governmental entity, who shall not be counted and need not be

21  notified of proceedings under this act. "Landowner" also means

22  the owner of a ground lease from a governmental entity, which

23  leasehold interest has a remaining term, excluding all renewal

24  options, in excess of 50 years.

25         (q)  "Local general-purpose government" means a county,

26  municipality, or consolidated city-county government.

27         (r)  "Maintenance special assessments" means

28  assessments imposed, levied, and collected pursuant to the

29  provisions of section 4(14)(d).

30         (s)  "Non-ad valorem assessments" means those

31  assessments levied and imposed by the board which are not

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 1  based upon millage and which constitute, pursuant to the

 2  provisions hereof, first liens on the properties subject

 3  thereto, coequal with the liens of state, county, municipal,

 4  and school board taxes:

 5         1.  If and when pursuant to general law, those

 6  nonmillage and non-ad valorem taxes, limited expressly and

 7  only to those certain maintenance taxes provided for expressly

 8  in the district charter in this act which are not ad valorem

 9  taxes and are not special assessments.

10         2.  Assessments which are not taxes and are special

11  assessments levied and imposed by the board pursuant to an

12  informed and nonarbitrary determination by the board that the

13  systems, facilities, and services will provide, as a logical

14  connection to the applicable parcels of property, special

15  benefits peculiar to the property, different in kind and

16  degree than general benefits and that the duty to pay per

17  parcel will be apportioned in a manner that is fair and

18  reasonable; and which may be known and referred to as

19  "assessments," "special assessments," "maintenance

20  assessments," or "benefit assessments" as defined by and as

21  may be applicable in the context of this charter. The levy of

22  maintenance assessments to maintain a system or facility

23  constructed and financed by special assessments levied by the

24  district may be based on the assessment methodology by which

25  the construction special assessments are levied but upon a

26  determination that the maintenance special assessments also

27  provide a special and peculiar benefit to the property and are

28  apportioned in a manner that is fair and reasonable.

29         3.  Any assessments which may be levied, imposed, and

30  equalized by the board by rule of the district.

31  

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 1         (t)  "Powers" means powers as used and exercised by the

 2  board to accomplish the single, limited, and special purpose

 3  of the district, including:

 4         1.  "General powers," as provided in the act for the

 5  district charter, which means those organizational and

 6  administrative powers of the district as provided in this act

 7  in its charter in order to carry out its single special

 8  purpose as a local government public corporate body politic.

 9         2.  "Special powers," means those powers enumerated by

10  the act in the charter of the district to carry out its

11  specialized systems, facilities, services, projects,

12  improvements, and infrastructure and related functions in

13  order to carry out its single specialized purpose.

14         3.  Any other powers, authority, and functions set

15  forth in this act.

16         (u)  "Project" means any development, improvement,

17  property, power, utility, facility enterprise, service,

18  system, facility, works, or infrastructure now existing or

19  hereafter undertaken or established under the provisions of

20  this act.

21         (v)  "Qualified elector" means any person at least 18

22  years of age who is a citizen of the United States, is a legal

23  resident of the state and the district, and registers to vote

24  with the supervisor of elections in the county in which the

25  district land is located.

26         (w)  "Refunding bonds" means bonds issued to refinance

27  outstanding bonds of any type of the interest and redemption

28  premium thereon. Refunding bonds shall be issuable and payable

29  in the same manner as the refinanced bonds except that no

30  approval by the electorate shall be required unless required

31  by the State Constitution.

                                  24

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 1         (x)  "Revenue bonds" means obligations of the district

 2  which are payable from revenues, including, but not limited

 3  to, special assessments and benefit special assessments,

 4  derived from sources other than ad valorem taxes on real or

 5  tangible personal property and which do not pledge the

 6  property, credit, or general tax revenue of the district.

 7         (y)  "Sewer system" means any plant, system, facility,

 8  or property and additions, extensions, and improvements

 9  thereto at any future time constructed or acquired as part

10  thereof useful or necessary or having the present capacity for

11  future use in connection with the collection, treatment,

12  purification, or disposal of sewage, including, without

13  limitation, industrial wastes resulting from any process of

14  industry, manufacture, trade, or business or from the

15  development of any natural resource. Without limiting the

16  generality of the foregoing, the term "sewer system" includes

17  treatment plants, pumping stations, lift stations, valves,

18  force mains, intercepting sewers, laterals, pressure lines,

19  mains, and all necessary appurtenances and equipment; all

20  sewer mains, laterals, and other devices for the reception and

21  collection of sewage from premises connected therewith; and

22  all real and personal property and any interest therein,

23  rights, easements, and franchises of any nature relating to

24  any such system and necessary or convenient for operation

25  thereof.

26         (z)  "Special assessments" means assessments as

27  imposed, levied, and collected by the district for the costs

28  of assessable improvements pursuant to the provisions of this

29  act, chapter 170, Florida Statutes, the additional authority

30  under section 197.3631, Florida Statutes, or other provisions

31  of general law now or hereinafter enacted which provide or

                                  25

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 1  authorize a supplemental means to impose, levy, and collect

 2  special assessments.

 3         (aa)  "Taxes" or "tax" means those levies and

 4  impositions by the board which support and pay for government

 5  and the administration of law and which may be:

 6         1.  "Ad valorem" or "property" taxes based upon both

 7  the appraised value of property and millage, at a rate uniform

 8  within the jurisdiction.

 9         2.  If and when authorized by general law, "non-ad

10  valorem maintenance taxes" not based on millage which are used

11  to maintain district systems, facilities, and services.

12         (bb)  "Urban area" means a developed and inhabited

13  urban area within the district within a minimum acreage

14  resident population density of least 1.5 persons per acre as

15  defined by the latest official census, special census, or

16  population estimate or a minimum density of one single-family

17  home per 2.5 acres with access to improved roads or a minimum

18  density of one single-family home per 5 acres within a

19  recorded plat subdivision. Urban areas shall be designated by

20  the board of the district with the assistance of all local

21  general-purpose governments having jurisdiction over the area

22  within the jurisdiction of the district.

23         (cc)  "Water system" means any plant, system, facility,

24  or property and additions, extensions, and improvements

25  thereto at any future time constructed or acquired as part

26  thereof useful or necessary or having the present capacity for

27  future use in connection with the development of sources,

28  treatment, or purification and distribution of water. Without

29  limiting the generality of the foregoing, the term "water

30  system" includes dams, reservoirs, storage, tanks, mains,

31  lines, valves, pumping stations, laterals, and pipes for the

                                  26

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 1  purpose of carrying water to the premises connected with such

 2  system and all rights, easements, and franchises of any nature

 3  relating to any such system and necessary or convenient for

 4  the operation thereof.

 5         (7)  POLICY.--Based upon its findings, ascertainments,

 6  determinations, intent, purpose, and definitions, the

 7  Legislature states its policy expressly:

 8         (a)  The district and district charter, with its

 9  general and special powers, created in this act are essential

10  and the best alternative for the unique location and nature of

11  the new community for residential, commercial, academic, and

12  other community uses, projects, or functions in northeastern

13  Okeechobee County consistent with and designed to enhance the

14  Okeechobee County Comprehensive Plan and to serve a lawful

15  public purpose.

16         (b)  This district, a local government and corporate

17  body politic, is limited to its single, narrow, and special

18  legislative purpose herein expressed, with the power to

19  provide, plan, implement, construct, maintain, and finance as

20  a local government management entity its basic systems,

21  facilities, services, improvements, infrastructure, and

22  projects and possessing financing powers to fund its

23  management purpose over the long term.

24         (c)  This act may be amended only by special act of the

25  Legislature in whole or in part.

26         Section 3.  Minimum general law requirements; creation

27  and establishment; boundaries; jurisdiction; construction;

28  charter with legal description.--

29         (1)  MINIMUM CHARTER REQUIREMENTS.--Pursuant to section

30  189.404(3), Florida Statutes, the Legislature sets forth that

31  

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 1  the minimum requirements in paragraphs (a) through (o) have

 2  been met in the identified provisions of the act as follows:

 3         (a)  The purpose of the district is stated in the act

 4  in section 2, subsection (5).

 5         (b)  The powers, functions, and duties of the district

 6  are set forth generally in section 4, subsection (3),

 7  paragraphs (g) and (h) and subsections (5)-(16), (18), (19),

 8  (21), (25), and (32) as to which:

 9         1.  Taxation provisions are set forth in section 2,

10  subsection (6), paragraph (aa); section 4, subsection (3),

11  paragraph (h); subsection (14), paragraphs (a), (c), (f), (g),

12  and (i); and subsections (17), (18), and (19).

13         2.  Bond issuance provisions are set forth generally in

14  section 2; section 4, subsection (8), paragraph (d);

15  subsections (10)-(13), and subsection (16), paragraphs (b) and

16  (c).

17         3.  Provisions regarding the other revenue-raising

18  capabilities are set forth in section 2, subsection (6),

19  paragraphs (b), (d), (r), (s), and (z); and section 4,

20  subsections (10) and (11); subsection (14), paragraphs (b),

21  (d), (e), (h), (i), and (j); and subsections (15) and (16).

22         4.  Provisions regarding fees, rentals, and charges are

23  set forth in section 2, subsection (6); section 4, subsection

24  (8), paragraph (i); and subsections (22)-(25).

25         5.  Provisions regarding budget preparation and

26  approval are set forth in section 4, subsections (5), (6), and

27  (9).

28         6.  Provisions regarding liens and foreclosures of

29  liens are set forth in section 4, subsection (14), paragraphs

30  (f), (g), (h), and (i); and subsections (15), (17), (18), and

31  (19).

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 1         7.  Provisions regarding the use of tax deeds and tax

 2  certificates as appropriate for non-ad valorem assessments are

 3  set forth in section 4, subsection (8), paragraph (o);

 4  subsection (14), paragraphs (b), (c), (d), (e), (f), (h), and

 5  (i); and subsection (15).

 6         8.  Provisions regarding contractual agreements are set

 7  forth in section 4, subsection (8), paragraphs (c), (l), (p),

 8  (r), and (s); and subsection (9), paragraphs (k), (o), (p),

 9  (s), (t), (v), and (w).

10         (c)  Provisions for methods for establishing the

11  district are set forth in section 2, subsection (6), paragraph

12  (j) and this section and are effective as provided in section

13  6.

14         (d)  Provisions regarding methods for amending the

15  charter of the district are set forth in section 2 of

16  subsection (7), paragraph (c); subsection (4) of this section;

17  and section 4 of subsection (28).

18         (e)  Provisions regarding aspects of the governing

19  board are set forth as follows:

20         1.  Provisions regarding the membership of the

21  governing board are set forth in section 4, subsection (3),

22  paragraph (b) and subsection (4), paragraph (c).

23         2.  Provisions regarding the organization of the

24  governing board are set forth in section 4, subsection (3),

25  paragraphs (b)-(d) and subsection (4), paragraph (c).

26         3.  Provisions regarding the requirement of five board

27  members are set forth in section 4, subsection (3), paragraph

28  (b) and subsection (4), paragraph (c), subparagraph 1.

29         4.  Provisions regarding the quorum of the governing

30  board are set forth in section 4, subsection (3), paragraph

31  

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 1  (b) and subsection (4), paragraph (c), subparagraph 1.,

 2  sub-subparagraph e.

 3         (f)  Provisions regarding maximum compensation of each

 4  board member are set forth in section 4, subsection (4),

 5  paragraph (c), and in particular in subparagraph 1.,

 6  sub-subparagraph h.

 7         (g)  Provisions regarding the administrative duties of

 8  the governing board are set forth in section 4, subsections

 9  (5)-(8).

10         (h)  Provisions applicable to financial disclosure,

11  noticing, and reporting requirements for:

12         1.  Financial disclosure are set forth in section 4,

13  subsections (6) and (7).

14         2.  Voting are set forth in section 4, subsections (3)

15  and (4).

16         3.  Reporting requirements are set forth in section 4,

17  subsections (5)-(7) and (31).

18         (i)  Provisions regarding procedures and requirements

19  for issuing bonds are set forth in section 4, subsection (12),

20  paragraphs (a)-(q), and subsection (13).

21         (j)  Provisions regarding elections or referenda are:

22         1.  For procedures for elections, set forth in section

23  4, subsections (3) and (4), and regarding referenda, set forth

24  in section 4, subsection (14), paragraph (a).

25         2.  For qualifications of an elector of the district, a

26  qualified elector, set forth in section 2, subsection (6),

27  paragraph (v) and section 4, subsection (3), paragraphs (b)

28  and (c).

29         3.  For referenda, set forth in section 4, subsection

30  (4), paragraph (b).

31  

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 1         (k)  Provisions regarding methods for financing the

 2  district are set forth generally in section 4, subsections

 3  (10), (11), (14), (15), (16), (17), (18), and (19).

 4         (l)  Other than taxes levied for the payment of bonds

 5  and taxes levied for periods not longer than 2 years when

 6  authorized by vote of the electors of the district, provisions

 7  for:

 8         1.  The authority to levy ad valorem taxes are set

 9  forth in section 4, subsection (3), paragraph (h) and

10  subsection (14), paragraph (a); and section 2, subsection (6),

11  paragraph (aa), subparagraph 1.

12         2.  The authorized millage rate are set forth in

13  section 4, subsection (14), paragraph (a).

14         (m)  Provisions for the method or methods of collecting

15  non-ad valorem assessments, fees, or service charges are:

16         1.  For collecting non-ad valorem assessments, set

17  forth in section 4, subsection (14), paragraphs (b), (c), (d),

18  (e), (h) and, (i), and subsection (15).

19         2.  For collecting fees and service charges, set forth

20  in section 4, subsection (22).

21         (n)  Provisions for planning requirements are as

22  limited by the provisions of section 2 and this section and as

23  limited further by section 4, subsections (8) and (9).

24         (o)  Provisions for geographic boundary limitations of

25  the district are set forth in subsections (2)-(4) of this

26  section and section 4, subsection (2).

27         (2)  CREATION AND ESTABLISHMENT.--The Grove Community

28  District is created and incorporated hereby as a public body,

29  corporate and politic, a political subdivision, an

30  independent, limited, special, and single-purpose local

31  government, and an independent special district under section

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 1  189.404, Florida Statutes, and as defined in this act and in

 2  section 189.403(3), Florida Statutes, in and for northeastern

 3  Okeechobee County. Any amendments to chapter 190, Florida

 4  Statutes, after January 1, 2006, which grant additional

 5  general powers, special powers, authorities, or projects to a

 6  community development district by amendment to its uniform

 7  charter, sections 190.006-190.041, Florida Statutes, shall

 8  constitute a general power, special power, authority, or

 9  function of the Grove Community District, except that as to

10  any such additional powers, authorities, or projects, this act

11  shall control if there are any related provisions in such

12  additional powers, authorities, or projects inconsistent with

13  the provisions of this act. Because all notices for the

14  enactment by the Legislature of this special act have been

15  provided pursuant to the State Constitution, the laws of

16  Florida, and the rules of the House of Representatives and the

17  Senate, and because Okeechobee County is not a charter county,

18  no referendum subsequent to the effective date of this act is

19  required. The district, as created by this act, is established

20  on the property pursuant to sections 4(2) and 6.

21         (3)  TERRITORIAL BOUNDARIES.--The territorial boundary

22  of the district shall embrace and include, without reservation

23  or enclave, all of that certain real property described

24  legally in section 4(2).

25         (4)  JURISDICTION.--The jurisdiction of this district,

26  in the exercise of its general and special powers and in the

27  carrying out of its single, narrow, and special purpose, is

28  both within the external boundaries of the legal description

29  of this district and extraterritorially, when limited to, and

30  as authorized expressly elsewhere in, the charter of the

31  district in this act or applicable general law. This

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 1  single-purpose district is created for all public body

 2  corporate, politic, and local government authority and power

 3  limited by the charter and subject to the provisions of other

 4  general laws, including expressly chapter 189, Florida

 5  Statutes, except that an inconsistent provision in this act

 6  shall control and the district has jurisdiction to perform

 7  such acts and exercise such projects, functions, and powers as

 8  shall be necessary, convenient, incidental, proper, or

 9  reasonable for the implementation of its limited, single, and

10  specialized purpose regarding the sound planning, provision,

11  acquisition, development, operation, maintenance, and related

12  financing of those public systems, facilities, services,

13  improvements, projects, and infrastructure works as authorized

14  herein including those necessary and incidental thereto.

15         (5)  EXCLUSIVE CHARTER.--The charter of the Grove

16  Community District is this act and may be amended, terminated,

17  or repealed only by special act of the Legislature amending or

18  repealing this act.

19         Section 4.  Disposition of sections 2 and 3; legal

20  description; exclusive charter of the Grove Community

21  District.--

22         (1)  INCORPORATION AND DISPOSITION OF SECTIONS 2 AND

23  3.--Sections 2 and 3 of this act are true and correct and are

24  incorporated herein and made a part of this section as

25  dispositive provisions of law. This act constitutes the

26  exclusive charter of the Grove Community District.

27         (2)  LEGAL DESCRIPTION.--The metes and bounds legal

28  description of the district, within which there are no

29  enclaves or parcels of property owned by those who do not wish

30  their property to be included within the district, is as

31  follows:

                                  33

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1                   METES AND BOUNDS DESCRIPTION

 2                     Grove Community District

 3  

 4         LEGAL DESCRIPTION:

 5         (OFFICIAL RECORDS BOOK 230, PAGE 571, PUBLIC

 6         RECORDS, OKEECHOBEE COUNTY, FLORIDA)

 7  

 8         ALL OF SECTIONS 1, 2, 3, 10, 11, 12, 13, 14,

 9         AND 15, IN TOWNSHIP 34 SOUTH, RANGE 36 EAST,

10         OKEECHOBEE COUNTY, FLORIDA, LESS AND EXCEPT THE

11         FOLLOWING DESCRIBED LANDS:

12  

13         BEGINNING AT A CONCRETE MONUMENT MARKING THE

14         SOUTHEAST CORNER OF SAID SECTION 13, RUN NORTH

15         89°26'05" WEST A DISTANCE OF 5284.42 FEET TO AN

16         IRON PIPE MARKING THE SOUHWEST CORNER OF SAID

17         SECTION 13; THENCE RUN SOUTH 89°42'28" WEST A

18         DISTANCE OF 5114.05 FEET ALONG THE SOUTH LINE

19         OF SECTION 14 TO AN IRON PIPE AT THE SW CORNER

20         THEREOF; THENCE RUN NORTH 89°31'14" WEST ALONG

21         THE SOUTH LINE OF SECTION 15 A DISTANCE OF

22         5302.02 FEET TO A CONCRETE MONUMENT MARKING THE

23         SOUTHWEST CORNER OF SAID SECTION 15; THENCE RUN

24         NORTH 00°00'14" EAST ALONG THE WEST LINE OF

25         SECTION 15 A DISTANCE OF 174.49 FEET; THENCE

26         RUN SOUTH 89°12'07" EAST ALONG A FENCE LINE A

27         DISTANCE OF 5302.87 FEET TO A POINT WHICH IS

28         145 FEET NORTH OF THE SOUTHWEST CORNER OF SAID

29         SECTION 14; THENCE RUN SOUTH 00°12'46" WEST A

30         DISTANCE OF 20.0 FEET; THENCE RUN NORTH

31         89°42'28" EAST ALONG A LINE LYING PARALLEL TO

                                  34

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1         AND 125 FEET NORTH OF THE SOUTH LINE OF SECTION

 2         14 A DISTANCE OF 5113.88 FEET TO A POINT WHICH

 3         IS 125 FEET NORTH OF THE SOUTHWEST CORNER OF

 4         SECTION 13; THENCE RUN SOUTH 89°26'05" EAST

 5         ALONG A LINE PARALLEL TO AND 125 FEET NORTH OF

 6         THE SOUTH LINE OF SECTION 13 A DISTANCE OF

 7         5149.10 FEET TO A POINT WHICH IS 135 FEET WEST

 8         AND 125 FEET NORTH OF THE SOUTHEAST CORNER OF

 9         SECTION 13; THENCE RUN NORTH 00°00'22" WEST A

10         DISTANCE OF 100 FEET; THENCE RUN SOUTH

11         89°26'05" EAST A DISTANCE OF 135 FEET TO THE

12         EAST LINE OF SAID SECTION 13; THENCE RUN SOUTH

13         00°00'22" EAST A DISTANCE OF 225 FEET TO THE

14         POINT OF BEGINNING AT THE SOUTHEAST CORNER OF

15         SECTION 13, TOWNSHIP 34 SOUTH, RANGE 36 EAST,

16         OKEECHOBEE COUNTY, FLORIDA, CONTAINING 5683.29

17         ACRES, MORE OR LESS.

18  

19         (3)  BOARD; MEMBERS AND MEETINGS; ORGANIZATION; POWERS;

20  DUTIES; TERMS OF OFFICE; RELATED ELECTION REQUIREMENTS.--

21         (a)  The board shall exercise the powers granted to the

22  district pursuant to this act in order to implement its

23  specialized single purpose.

24         (b)  There is created the Board of Supervisors of the

25  Grove Community District, which is the governing board and

26  body of the district. Except as otherwise provided herein,

27  each member shall hold office for a term of 4 years and until

28  his or her successor is chosen and qualifies. There shall be

29  five members of the board who shall, in order to be eligible,

30  be residents of the state and citizens of the United States.

31  Three members shall constitute a quorum.

                                  35

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1         (c)  Within 45 days after the effective date of this

 2  act, a specially noticed meeting of the landowners of the

 3  district shall be held for the purpose of electing the members

 4  to the first board as herein provided. Notice of such special

 5  meeting of the landowners shall be given by causing

 6  publication thereof to be made once a week for 2 consecutive

 7  weeks prior to such meeting in a newspaper of general paid

 8  subscription and circulation in Okeechobee County, the last

 9  day of such publication not to be fewer than 14 or more than

10  28 days before the day of the election. Such special meeting

11  of the landowners shall be held in a public place in

12  Okeechobee County, and the place, date, and hour of holding

13  such meeting and the purpose thereof shall be stated expressly

14  in the notice. The landowners, when assembled, shall organize

15  by electing a chair who shall preside at the meeting of the

16  landowners and a secretary who shall record the proceedings.

17  At such meeting, for the election of each person to be

18  elected, each and every acre of land, or any fraction thereof,

19  within the boundary of the district shall represent one vote

20  and each owner of that acre or fraction thereof shall be

21  entitled to one vote for every such acre or fraction thereof.

22  Persons who qualify to serve as board members shall be

23  nominated at the noticed meeting and prior to the initial

24  election at the noticed meeting. A landowner may vote in

25  person or by proxy in writing. A landowner who sells land to a

26  bona fide purchaser may by written lawful instrument retain

27  the voting rights for that acreage.

28         (d)  At the landowners' meeting for the election of the

29  members of the board on a one-acre, one-vote basis, the two

30  candidates receiving the highest number of votes shall be

31  elected for terms expiring November 30, 2008, and the three

                                  36

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  candidates receiving the next highest number of votes shall be

 2  elected for terms expiring November 30, 2010. The members of

 3  the first board elected by the landowners shall serve their

 4  respective 4-year or 2-year terms; however, the next election

 5  by the landowners shall be held on the first Tuesday in

 6  November 2008 to elect members to fill those vacancies to

 7  4-year terms. Thereafter, there shall be an election of

 8  supervisors for the district every 2 years in November on a

 9  date established by the board and noticed pursuant to

10  paragraph (c).

11         (e)  The landowners present at the meeting shall

12  constitute a quorum.

13         (f)  All vacancies or expirations on the board shall be

14  filled as provided by this act.

15         (g)  In case of a vacancy in the office of any member

16  of the board, the remaining members of the board shall by

17  majority vote elect a person to serve as a member of the board

18  for the unexpired portion of the term.

19         (h)  If the board proposes to exercise its limited ad

20  valorem taxing power as provided elsewhere in this charter,

21  the provisions of section 4(14)(a) shall apply.

22         (4)  ELECTION; POPULAR ELECTIONS, REFERENDUM;

23  DESIGNATION OF URBAN AREAS.--

24         (a)  Elections of the members of the board shall be

25  conducted on a one-acre, one-vote basis as provided in

26  paragraph (3)(c), until and unless the provisions of paragraph

27  (b) apply. When applicable and required, the appropriate

28  provisions of section 189.405, Florida Statutes, apply.

29         (b)  A referendum shall be called by the board, each

30  member elected on a one-acre, one-vote basis, on the question

31  of whether certain members of the board should be elected by

                                  37

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  qualified electors, providing each of the following conditions

 2  has been satisfied at least 60 days prior to the general or

 3  special election at which the referendum is to be held:

 4         1.  The district has at least 500 qualified electors

 5  based on the most recent state population estimate.

 6         2.  A petition signed by 10 percent of the qualified

 7  electors of the district has been filed with the board. The

 8  petition shall be submitted to the Supervisor of Elections of

 9  Okeechobee County who shall, within 30 days after receipt of

10  the petition, certify to the board the percentage of

11  signatures of qualified electors contained in the petition.

12         (c)  Upon verification by the supervisor of elections

13  that 10 percent of the qualified electors of the district have

14  petitioned the board, a referendum election shall be called by

15  the board at the next regularly scheduled election of

16  governing board members occurring at least 60 days after

17  verification.

18         (d)  If the qualified electors approve the election

19  procedure described in this section, the governing board of

20  the district shall remain five members and elections shall be

21  held pursuant to the criteria described in this paragraph,

22  beginning with the next regularly scheduled election of

23  governing board members or at a special election called within

24  6 months after the referendum and final unappealed approval of

25  district urban area maps as provided in this section,

26  whichever is earlier.

27         (e)  If the qualified electors of the district reject

28  the election procedure described in this section, elections of

29  the members of the board shall continue as described in this

30  act on a one-acre, one-vote basis. No further referendum on

31  

                                  38

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  the question shall be held for a minimum period of 2 years

 2  after the referendum.

 3         (f)  Within 30 days after approval of the election

 4  process described in this section by qualified electors of the

 5  district, the board shall direct the district staff to prepare

 6  and to present maps of the district describing the extent and

 7  location of all urban areas within the district. Such

 8  determination shall be based upon the criteria contained in

 9  the definition of urban area in this act.

10         (g)  Within 60 days after approval of the election

11  process described in this subsection by qualified electors of

12  the district, the maps describing urban areas within the

13  district shall be presented to the board.

14         (h)  Any district landowner or elector may contest the

15  accuracy of the urban area maps prepared by the staff of the

16  district within 30 days after submission to the board. Upon

17  notice of objection to the maps, the governing board shall

18  request the county engineer to prepare and present maps of the

19  district describing the extent and location of all urban areas

20  within the district. Such determination shall be based

21  limitedly and exclusively upon the criteria contained in the

22  definition in this act of urban area. Within 30 days after the

23  governing board requests, the county engineer shall present

24  the maps to the governing board.

25         (i)  Upon presentation of the maps by the county

26  engineer, the governing board shall compare the maps submitted

27  by both the district staff and the county engineer and make a

28  determination as to which set of maps to adopt. Within 60 days

29  after presentation of all such maps, the governing board may

30  amend and shall adopt the official maps at a regularly

31  scheduled board meeting.

                                  39

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1         (j)  Any district landowner or qualified elector may

 2  contest the accuracy of the urban area maps adopted by the

 3  board after adoption in accordance with the provision for

 4  judicial review as provided in the Administrative Procedure

 5  Act. Accuracy shall be determined pursuant to the definition

 6  of urban area in section 2(6)(bb).

 7         (k)  Upon adoption by the board or certification by the

 8  court, the district urban area maps shall serve as the

 9  official maps for determination of the extent of urban area

10  within the district and the number of members of the board to

11  be elected by qualified electors and by one-acre, one-vote at

12  the next regularly scheduled election of governing board

13  members.

14         (l)  Upon a determination of the percentage of urban

15  area within the district as compared with total area within

16  the district, the governing board shall determine the number

17  of electors in accordance with the percentages pursuant to

18  this paragraph. The landowners' meeting date shall be

19  designated by the board.

20         (m)  The map shall be updated and readopted every 5

21  years or sooner at the discretion of the board.

22         (n)1.  The five members of the governing board of the

23  district shall be elected in accordance with the following

24  determinations of urban area:

25         a.  If urban areas constitute 25 percent or less of the

26  district, one governing board member shall be elected by the

27  qualified electors and four governing board members shall be

28  elected in accordance with the one-acre, one-vote principle

29  contained within subsection (3).

30         b.  If urban areas constitute more than 25 percent but

31  less than 50 percent of the district, two governing board

                                  40

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  members shall be elected by the qualified electors and three

 2  governing board members shall be elected in accordance with

 3  the one-acre, one-vote principle contained in subsection (3).

 4         c.  If urban areas constitute at least 50 percent but

 5  less than 70 percent of the district, three governing board

 6  members shall be elected by the qualified electors and two

 7  governing board members shall be elected in accordance with

 8  the one-acre, one-vote principle contained in subsection (3).

 9         d.  If urban areas constitute at least 70 percent but

10  less than 90 percent of the district, four governing board

11  members shall be elected by the qualified electors and one

12  governing board member shall be elected in accordance with the

13  one-acre, one-vote principle contained in subsection (3).

14         e.  If urban areas constitute at least 90 percent or

15  more of the district, all governing board members shall be

16  elected by the qualified electors.

17         2.  All members of the board, regardless of how

18  elected, shall be public officers, known as supervisors, and,

19  upon entering into office, shall take and subscribe to the

20  oath of office as prescribed by section 876.05, Florida

21  Statutes. All members of the board, regardless of how elected,

22  and regardless of whether they are qualified electors

23  themselves, shall be public officials and subject to ethics

24  and conflict of interest laws of the state that apply to all

25  public officers. They shall hold office for the terms for

26  which they were elected and until their successors are chosen

27  and qualified.

28         3.  Any elected member of the board may be removed by

29  the Governor for malfeasance, misfeasance, dishonesty,

30  incompetency, or failure to perform the duties imposed upon

31  him or her by this act. Any vacancies which may occur in such

                                  41

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  office shall be filled by the Governor, as soon as

 2  practicable, unless filled by the board as provided in this

 3  act.

 4         4.  All governing board members elected by qualified

 5  electors shall be qualified electors elected at large.

 6  Candidates seeking election as qualified electors shall

 7  conduct their campaigns in accordance with the provisions of

 8  chapter 106, Florida Statutes, and shall file petitions as

 9  required in section 99.021, Florida Statutes, and take the

10  oath therein prescribed.

11         5.  All governing board members elected by qualified

12  electors shall have a term of 4 years each except for

13  governing board members elected at the first election and the

14  first landowners' meeting following the referendum prescribed

15  in paragraph (b). Governing board members elected at the first

16  election and the first landowners' meeting following the

17  referendum shall serve as follows:

18         a.  If one governing board member is elected by the

19  qualified electors and four are elected on a one-acre,

20  one-vote basis, the governing board members elected by the

21  qualified electors shall be elected for a term of 4 years

22  each. Governing board members elected on a one-acre, one-vote

23  basis shall be elected for terms as prescribed by subsection

24  (3).

25         b.  If two governing board members are elected by the

26  qualified electors and three are elected on a one-acre,

27  one-vote basis, the governing board members elected by the

28  qualified electors shall be elected for a term period of 4

29  years each. Governing board members elected on a one-acre,

30  one-vote basis shall be elected for terms of 1, 2, and 3

31  years, respectively, as prescribed by subsection (3).

                                  42

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1         c.  If three governing board members are elected by the

 2  qualified electors and two are elected on a one-acre, one-vote

 3  basis, two of the governing board members elected by the

 4  qualified electors shall be elected for a term of 4 years and

 5  the other governing board member elected by the electors shall

 6  be elected for a term of 2 years. Governing board members

 7  elected on a one-acre, one-vote basis shall be elected for

 8  periods of 1 year and 2 years, respectively, as prescribed by

 9  subsection (3).

10         d.  If four governing board members are elected by the

11  qualified electors and one is elected on a one-acre, one-vote

12  basis, two of the governing board members elected by the

13  electors shall be elected for terms of 2 years each and the

14  other two for term of 4 years each. The governing board member

15  elected on a one-acre, one-vote basis shall be elected for a

16  term of 1 year as prescribed by subsection (3).

17         e.  If five governing board members are elected by the

18  qualified electors, three shall be elected for terms of 4

19  years each and two for terms of 2 years each.

20         6.  If any vacancy occurs in a seat occupied by a

21  governing board member elected by the qualified electors, the

22  remaining members of the governing board shall, within 45 days

23  after the vacancy occurs, appoint a person who would be

24  eligible to hold the office for the unexpired term.

25         7.  Each and every election by qualified electors of

26  members of the board pursuant to this act shall be conducted

27  in the manner and at a time prescribed by law for holding

28  general elections or prescribed by the Supervisor of Elections

29  in and for the Okeechobee County political subdivision.

30         8.a.  An annual landowners' meeting shall be held

31  pursuant to subsection (3) and at least one governing board

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  member shall be elected on a one-acre, one-vote basis pursuant

 2  to subsection (3) for so long as 10 percent or more of the

 3  district is not contained in an urban area. In the event all

 4  district governing board members are elected by qualified

 5  electors, there shall be no further landowners' meetings.

 6         b.  At any landowners' meeting called pursuant to this

 7  section, 50 percent of the district acreage shall not be

 8  required to constitute a quorum and each governing board

 9  member shall be elected by a majority of the acreage

10  represented either by owner or proxy present and voting at

11  said meeting.

12         c.  All landowners' meetings of districts operating

13  pursuant to this section shall be set by the board within the

14  month preceding the month of the election of the governing

15  board members by the electors.

16         d.  Vacancies on the board shall be filled pursuant to

17  subsection (3) and this subsection except as otherwise

18  provided in this section.

19         9.  Three board members shall constitute a quorum for

20  the purpose of conducting its business and exercising its

21  powers and for all other related purposes. Action taken by the

22  board members present shall be upon a vote of the majority of

23  the members present, unless general law or rule of the

24  district subsequently promulgated requires a greater number.

25         10.  As soon as practicable after each election or

26  appointment, the board shall elect one of its members as

27  chair, elect a secretary who need not be a member of the

28  board, and elect such other officers as the board may deem

29  necessary.

30         11.  The board shall keep a permanent record book

31  entitled "Record of Proceedings of Grove Community District,"

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  in which shall be recorded minutes of all meetings,

 2  resolutions, proceedings, certificates, bonds given by all

 3  employees, and any and all corporate acts. The record book

 4  shall at reasonable times be opened to inspection in the same

 5  manner as state, county, and municipal records pursuant to

 6  chapter 119, Florida Statutes. The record book shall be kept

 7  at the office or other regular place of business maintained by

 8  the board within Okeechobee County.

 9         12.  Each supervisor shall be entitled to receive for

10  his or her services an amount not to exceed $200 per meeting

11  of the board, not to exceed $4,800 per year per supervisor, or

12  an amount established by the electors at referendum. In

13  addition, each supervisor shall receive travel and per diem

14  expenses as set forth in section 112.061, Florida Statutes.

15         13.  All meetings of the board shall be open to the

16  public and governed by the provisions of chapter 286, Florida

17  Statutes.

18         (o)  The members of the board, whether elected on a

19  one-acre, one-vote basis or a qualified-elector basis, shall

20  constitute the members of the governing board of the district

21  subject to the requirements of this act.

22         (5)  BOARD OF SUPERVISORS; GENERAL DUTIES.--

23         (a)  The board shall employ and fix the compensation of

24  a district manager. The district manager shall have charge and

25  supervision of the works of the district and shall be

26  responsible for preserving and maintaining any improvement or

27  facility constructed or erected pursuant to the provisions of

28  this act, for maintaining and operating the equipment owned by

29  the district, and for performing such other duties as may be

30  prescribed by the board. It shall not be a conflict of

31  interest under chapter 112, Florida Statutes, for a board

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  member or the district manager or another employee of the

 2  district to be a stockholder, officer, or employee of a

 3  landowner. The district manager may hire or otherwise employ

 4  and terminate the employment of such other persons, including,

 5  without limitation, professional, supervisory, and clerical

 6  employees, as may be necessary and authorized by the board.

 7  The compensation and other conditions of employment of the

 8  officers and employees of the district shall be as provided by

 9  the board.

10         (b)  The board shall designate a person who is a

11  resident of the state as treasurer of the district, who shall

12  have charge of the funds of the district. Such funds shall be

13  disbursed only upon the order, or pursuant to the resolution,

14  of the board by warrant or check countersigned by the

15  treasurer and by such other person as may be authorized by the

16  board. The board may give the treasurer such other or

17  additional powers and duties as the board may deem appropriate

18  and may fix his or her compensation. The board may require the

19  treasurer to give a bond in such amount, on such terms, and

20  with such sureties as may be deemed satisfactory to the board

21  to secure the performance by the treasurer of his or her

22  powers and duties. The financial records of the board shall be

23  audited by an independent certified public accountant at least

24  once a year.

25         (c)  The board is authorized to select as a depository

26  for its funds any qualified public depository as defined in

27  section 280.02, Florida Statutes, which meets all the

28  requirements of chapter 280, Florida Statutes, and has been

29  designated by the treasurer as a qualified public depository,

30  upon such terms and conditions as to the payment of interest

31  

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  by such depository upon the funds so deposited as the board

 2  may deem just and reasonable.

 3         (6)  BUDGET; REPORTS AND REVIEWS.--

 4         (a)  The district shall provide financial reports in

 5  such form and such manner as prescribed pursuant to this act

 6  and chapter 218, Florida Statutes.

 7         (b)  On or before each July 15, the district manager

 8  shall prepare a proposed budget for the ensuing fiscal year to

 9  be submitted to the board for board approval. The proposed

10  budget shall include at the direction of the board an estimate

11  of all necessary expenditures of the district for the ensuing

12  fiscal year and an estimate of income to the district from the

13  taxes and assessments provided in this act. The board shall

14  consider the proposed budget item by item and may either

15  approve the budget as proposed by the district manager or

16  modify the same in part or in whole. The board shall indicate

17  its approval of the budget by resolution, which resolution

18  shall provide for a hearing on the budget as approved. Notice

19  of the hearing on the budget shall be published in a newspaper

20  of general circulation in the area of the district once a week

21  for 2 consecutive weeks, except that the first publication

22  shall be not fewer than 15 days prior to the date of the

23  hearing. The notice shall further contain a designation of the

24  day, time, and place of the public hearing. At the time and

25  place designated in the notice, the board shall hear all

26  objections to the budget as proposed and may make such changes

27  as the board deems necessary. At the conclusion of the budget

28  hearing, the board shall, by resolution, adopt the budget as

29  finally approved by the board. The budget shall be adopted

30  prior to October 1 of each year.

31  

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    17-1692-06                                              See HB




 1         (c)  At least 60 days prior to adoption, the board

 2  shall submit to the Okeechobee County Board of County

 3  Commissioners, for purposes of disclosure and information

 4  only, the proposed annual budget for the ensuing fiscal year,

 5  and the board of county commissioners may submit written

 6  comments to the board solely for the assistance and

 7  information of the board of the district in adopting its

 8  annual district budget.

 9         (d)  The board shall submit annually, to the Board of

10  County Commissioners of Okeechobee County, its district public

11  facilities report under section 189.415(2), Florida Statutes,

12  addressing specifically short-term and long-term innovative

13  systems, facilities, and services consistent with the unique

14  nature of the new community. The Board of County Commissioners

15  of Okeechobee County shall use and rely on the district public

16  facilities report in the preparation or revision of the

17  Okeechobee County Comprehensive Plan specifically under

18  section 189.415(6), Florida Statutes.

19         (7)  DISCLOSURE OF PUBLIC FINANCING.--The district

20  shall take affirmative steps to provide for the full

21  disclosure of information relating to the public financing and

22  maintenance of improvements to real property undertaken by the

23  district. Such information shall be made available to all

24  current residents, and to all prospective residents, of the

25  district. The district shall furnish each developer of a

26  residential development within the district with sufficient

27  copies of that information to provide each prospective initial

28  purchaser of property in that development with a copy, and any

29  developer of a residential development within the district,

30  when required by law to provide a public offering statement,

31  shall include a copy of such information relating to the

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  public financing and maintenance of improvements in the public

 2  offering statement. The Division of Florida Land Sales,

 3  Condominiums, and Mobile Homes of the Department of Business

 4  and Professional Regulation shall ensure that disclosures are

 5  made by developers pursuant to chapter 498, Florida Statutes.

 6         (8)  GENERAL POWERS.--The district shall have, and the

 7  board may exercise, the following general powers:

 8         (a)  To sue and be sued in the name of the district; to

 9  adopt and use a seal and authorize the use of a facsimile

10  thereof; to acquire by purchase, gift, devise, or otherwise,

11  and to dispose of, real and personal property or any estate

12  therein; and to make and execute contracts and other

13  instruments necessary or convenient to the exercise of its

14  powers.

15         (b)  To apply for coverage of its employees under the

16  state retirement system in the same manner as if such

17  employees were state employees, subject to necessary action by

18  the district to pay employer contributions into the state

19  retirement fund.

20         (c)  To contract for the services of consultants to

21  perform planning, engineering, legal, or other appropriate

22  services of a professional nature. Such contracts shall be

23  subject to public bidding or competitive negotiation

24  requirements as set forth in section 4(21).

25         (d)  To borrow money and accept gifts; to apply for and

26  use grants or loans of money or other property from the United

27  States, the state, a unit of local government, or any person

28  for any district purposes and enter into agreements required

29  in connection therewith; and to hold, use, and dispose of such

30  moneys or property for any district purposes in accordance

31  

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  with the terms of the gift, grant, loan, or agreement relating

 2  thereto.

 3         (e)  To adopt rules and orders pursuant to the

 4  provisions of chapter 120, Florida Statutes, prescribing the

 5  powers, duties, and functions of the officers of the district;

 6  the conduct of the business of the district; the maintenance

 7  of records; and the form of certificates evidencing tax liens

 8  and all other documents and records of the district. The board

 9  may also adopt administrative rules with respect to any of the

10  projects of the district and define the area to be included

11  therein. The board may also adopt resolutions which may be

12  necessary for the conduct of district business.

13         (f)  To maintain an office at such place or places as

14  the board designates in Okeechobee County and within the

15  district when facilities are available.

16         (g)  To hold, control, and acquire by donation,

17  purchase, or condemnation, and to dispose of, any public

18  easements, dedications to public use, platted reservations for

19  public purposes, or any reservations for those purposes

20  authorized by this act other than public easements conveyed to

21  or accepted by Okeechobee County and to make use of such

22  easements, dedications, or reservations for the purpose

23  mandated by this act.

24         (h)  To lease as lessor or lessee to or from any

25  person, firm, corporation, association, or body, public or

26  private, any projects of the type that the district is

27  authorized to undertake and facilities or property of any

28  nature for the use of the district to carry out the purposes

29  mandated by this act.

30         (i)  To borrow money and issue bonds, certificates,

31  warrants, notes, or other evidences of indebtedness as

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  hereinafter provided; to levy such tax and assessments as may

 2  be authorized; and to charge, collect, and enforce fees and

 3  other user charges subject as applicable to section

 4  4(10)-(13).

 5         (j)  To raise, by user charges or fees authorized by

 6  resolution of the board, amounts of money which are necessary

 7  for the conduct of the district activities and services and to

 8  enforce their receipt and collection in the manner prescribed

 9  by resolution not inconsistent with law.

10         (k)  To exercise within the district, or beyond the

11  district with prior approval by majority vote of a resolution

12  of the governing body of the county if the taking will occur

13  in an unincorporated area, the right and power of eminent

14  domain, pursuant to the provisions of chapters 73 and 74,

15  Florida Statutes, over any property within the state, except

16  municipal, county, state, and federal property, for the uses

17  and purpose of the district relating solely to water, sewer,

18  district roads, and water management, specifically including,

19  without limitation, the power for the taking of easements for

20  the drainage of the land of one person over and through the

21  land of another.

22         (l)  To cooperate with, or contract with, other

23  governmental agencies as may be necessary, convenient,

24  incidental, or proper in connection with any of the powers,

25  duties, or purposes authorized by this act.

26         (m)  To assess and impose upon lands in the district ad

27  valorem taxes as provided and limited by this act.

28         (n)  If and when authorized by general law, to

29  determine, order, levy, impose, collect, and enforce

30  maintenance taxes.

31  

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1         (o)  To determine, order, levy, impose, collect, and

 2  enforce assessments pursuant to this act, which sets forth a

 3  detailed uniform procedure to implement chapter 170, Florida

 4  Statutes, and as an alternative to determine, order, levy,

 5  impose, collect, and enforce assessments under and pursuant to

 6  chapter 170, Florida Statutes, pursuant to authority granted

 7  in section 197.3631, Florida Statutes, or pursuant to other

 8  provisions of general law, now or hereinafter enacted, which

 9  provide or authorize a supplemental means to impose, levy, and

10  collect special assessments. Such special assessments, in the

11  discretion of the district, as provided in section 197.3631,

12  Florida Statutes, may be collected and enforced pursuant to

13  the provisions of sections 197.3632 and 197.3635, Florida

14  Statutes, and chapters 170 and 173, Florida Statutes, or as

15  provided by this act.

16         (p)  To exercise such special powers and other express

17  powers as may be authorized and granted by this act in the

18  charter of the district, including powers as provided in any

19  interlocal agreement entered into pursuant to chapter 163,

20  Florida Statutes, or which shall be required or permitted to

21  be undertaken by the district pursuant to any development

22  order or development of regional impact, including any

23  interlocal service agreement with Okeechobee County for

24  fair-share capital construction funding for any capital

25  facilities or systems required of the developer pursuant to

26  any applicable development order or agreement.

27         (q)  To exercise all of the powers necessary,

28  convenient, incidental, or proper in connection with any other

29  powers or duties or the single purpose of the district

30  authorized by this act.

31  

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  The provisions of this subsection shall be construed liberally

 2  in order to carry out effectively the single specialized

 3  purpose of this act and to secure for the district its ability

 4  to be innovative.

 5         (9)  SPECIAL POWERS.--The district shall have the

 6  following special powers to implement its lawful, single, and

 7  special purpose and to provide pursuant to that purpose basic

 8  systems, facilities, services, improvements, projects, works,

 9  and infrastructure in the new community, each of which

10  constitutes a lawful public purpose when exercised pursuant to

11  this charter, subject to, and not inconsistent with, the

12  regulatory jurisdiction and permitting authority of all other

13  applicable governmental bodies, agencies, and any special

14  districts having authority with respect to any area included

15  therein, and to plan, establish, acquire, construct or

16  reconstruct, enlarge or extend, equip, operate, finance, fund,

17  and maintain improvements, systems, facilities, services,

18  works, projects, and infrastructure any or all of the

19  following special powers granted by this act in order to

20  implement the special requirements of this new community

21  within the single special purpose of the district:

22         (a)  To provide for water management and control for

23  the lands within the district and to connect some or any of

24  such facilities with roads and bridges. In the event that the

25  board assumes the responsibility for providing water

26  management and control for the district which is to be

27  financed by benefit special assessments, the board shall adapt

28  plans and assessments pursuant to law or may adopt water

29  management and control plans, assess for benefits, and

30  apportion and levy special assessments as follows:

31  

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1         1.  The board shall cause to be made by the district's

 2  engineer, or such other engineer or engineers as the board may

 3  employ for that purpose, complete and comprehensive water

 4  management and control plans for the lands located within the

 5  district that will be improved in part or in whole by any

 6  system of facilities that may be outlined and adopted, and the

 7  engineer shall make a report in writing to the board with maps

 8  and profiles of said surveys and an estimate of the cost of

 9  carrying out and completing the plans.

10         2.  Upon the completion of such plans, the board shall

11  hold a hearing thereon to hear objections thereto, shall give

12  notice of the time and place fixed for such hearing by

13  publication once each week for 2 consecutive weeks in a

14  newspaper of general circulation in the general area of the

15  district, and shall permit the inspection of the plan at the

16  office of the district by all persons interested. All

17  objections to the plan shall be filed at or before the time

18  fixed in the notice for the hearing and shall be in writing.

19         3.  After the hearing, the board shall consider the

20  proposed plan and any objections thereto and may modify,

21  reject, or adopt the plan or continue the hearing to a day

22  certain for further consideration of the proposed plan or

23  modifications thereof.

24         4.  When the board approves a plan, a resolution shall

25  be adopted and a certified copy thereof shall be filed in the

26  office of the secretary and incorporated by him or her into

27  the records of the district.

28         5.  The water management and control plan may be

29  altered in detail from time to time until the appraisal record

30  herein provided is filed, but not in such manner as to affect

31  materially the conditions of its adoption. After the appraisal

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  record has been filed, no alteration of the plan shall be

 2  made, except as provided by this act.

 3         6.  Within 20 days after the final adoption of the plan

 4  by the board, the board shall proceed pursuant to section

 5  298.301, Florida Statutes.

 6         (b)  To provide for water supply, sewer, and wastewater

 7  management, reclamation, and reuse or any combination thereof

 8  and any irrigation systems, facilities, and services; to

 9  construct and operate connecting intercepting or outlet sewers

10  and sewer mains and pipes and water mains, conduits, or

11  pipelines in, along, and under any street, alley, highway, or

12  other public place or way; and to dispose of any effluent,

13  residue, or other byproducts of such system or sewer system.

14         1.  The district may not purchase or sell a water,

15  sewer, or wastewater reuse utility that provides service to

16  the public for compensation, or enter into a wastewater

17  facility privatization contract for a wastewater facility,

18  until the governing body of the new community district has

19  held a public hearing on the purchase, sale, or wastewater

20  facility privatization contract and made a determination that

21  the purchase, sale, or wastewater facility privatization

22  contract is in the public interest.

23         2.  In determining if the purchase, sale, or wastewater

24  facility privatization contract is in the public interest, the

25  district shall consider, at a minimum, the following:

26         a.  The most recent available income and expense

27  statement for the utility.

28         b.  The most recent available balance sheet for the

29  utility, listing assets and liabilities and clearly showing

30  the amount of contributions in aid of construction and the

31  accumulated depreciation thereon.

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1         c.  A statement of the existing rate base of the

 2  utility for regulatory purposes.

 3         d.  The physical condition of the utility facilities

 4  being purchased, sold, or subject to a wastewater facility

 5  privatization contract.

 6         e.  The reasonableness of the purchase, sale, or

 7  wastewater facility privatization contract price and terms.

 8         f.  The impacts of the purchase, sale, or wastewater

 9  facility privatization contract on utility customers, both

10  positive and negative.

11         g.  Any additional investment required and the ability

12  and willingness of the purchaser or the private firm under a

13  wastewater facility privatization contract to make that

14  investment, whether the purchaser is the district or the

15  entity purchasing the utility from the district.

16         h.  In the case of a wastewater facility privatization

17  contract, the terms and conditions on which the private firm

18  will provide capital investment and financing or a combination

19  thereof for contemplated capital replacements, additions,

20  expansions, and repairs. The district shall give significant

21  weight to this criterion.

22         i.  The alternatives to the purchase, sale, or

23  wastewater facility privatization contract and the potential

24  impact on utility customers if the purchase, sale, or

25  wastewater facility privatization contract is not made.

26         j.  The ability of the purchaser or the private firm

27  under a wastewater facility privatization contract to provide

28  and maintain high-quality and cost-effective utility service,

29  whether the purchaser is the district or the entity purchasing

30  the utility from the district.

31  

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1         k.  In the case of a wastewater facility privatization

 2  contract, the technical expertise and experience of the

 3  private firm in carrying out the obligations specified in the

 4  wastewater facility privatization contract. The district shall

 5  give significant weight to this criterion.

 6         3.  All moneys paid by a private firm to a district

 7  pursuant to a wastewater facility privatization contract shall

 8  be used for the purpose of reducing or offsetting property

 9  taxes, wastewater service rates, or debt reduction or making

10  infrastructure improvements or capital asset expenditures or

11  other public purpose; however, nothing herein shall preclude

12  the district from using all or part of the moneys for the

13  purpose of the district's qualification for relief from the

14  repayment of federal grant awards associated with the

15  wastewater system as may be required by federal law or

16  regulation. The district shall prepare a statement showing

17  that the purchase, sale, or wastewater facility privatization

18  contract is in the public interest, including a summary of the

19  purchaser's or private firm's experience in water, sewer, or

20  wastewater reuse utility operation and a showing of financial

21  ability to provide the service, whether the purchaser or

22  private firm is the district or the entity purchasing the

23  utility from the district.

24         (c)  To provide for bridges or culverts that may be

25  needed across any drain, ditch, canal, floodway, holding

26  basin, excavation, public highway, tract, grade, fill, or cut

27  and roadways over levees and embankments, and to construct any

28  and all of such works and improvements across, through, or

29  over any public right-of-way, highway, grade, fill, or cut.

30         (d)  To provide for district roads equal to or

31  exceeding the specifications of the county in which such

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  district roads are located, and streetlights, including

 2  conditions of development approval which sometimes may be

 3  different specifications than the normal specifications of the

 4  county. This special power includes construction, improvement,

 5  pavement, and maintenance of roadways and roads necessary and

 6  convenient for the exercise of the powers or duties of the

 7  district to:

 8         1.  Implement its single purpose.

 9         2.  Include as a component thereof roads, parkways,

10  bridges, landscaping, irrigation, bicycle and jogging paths,

11  street lighting, traffic signals, road striping, and all other

12  customary elements of a modern road system in general or as

13  tied to the conditions of development approval for the

14  specific district.

15         3.  Plan, implement, construct or reconstruct, enlarge

16  or extend, finance, fund, equip, operate, and maintain parking

17  facilities freestanding or as may be related to any innovative

18  strategic intermodal system of transportation pursuant to

19  applicable federal, state, and local laws and ordinances.

20         (e)  To provide for buses, trolleys, transit shelters,

21  ride-sharing facilities and services, parking improvements,

22  and related signage.

23         (f)  To cover investigation and remediation costs

24  associated with the cleanup of actual or perceived

25  environmental contamination within the district under the

26  supervision or direction of a competent governmental authority

27  unless the covered costs benefit any person who is a landowner

28  within the district who caused or contributed to the

29  contamination.

30         (g)  To provide for conservation areas, mitigation

31  areas, and wildlife habitat, including the maintenance of any

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  plant or animal species, and any related interest in real or

 2  personal property.

 3         (h)  Using its general and special powers as set forth

 4  in this act, to provide for any other project within or

 5  without the boundaries of a district when the project is the

 6  subject of an agreement between the district and the Board of

 7  County Commissioners of Okeechobee County or with any

 8  applicable other public or private entity, including a

 9  homeowner association, and is not inconsistent with the

10  Okeechobee County Comprehensive Plan and the Growth Management

11  act which implement the single special purpose of the

12  district.

13         (i)  To provide for parks and facilities for indoor and

14  outdoor recreational, cultural, and educational uses.

15         (j)  To provide for fire prevention and control,

16  including fire stations and buildings, water mains and plugs,

17  fire trucks, and other vehicles and equipment, and for

18  emergency medical services, including stations and buildings,

19  vehicles, and equipment.

20         (k)  To provide for school buildings and related

21  structures, which may be leased, sold, or donated to the

22  school district, for use in the educational system when

23  authorized by the district school board. The district is

24  granted the special power to contract with the Okeechobee

25  County School Board and, as applicable, the Board of County

26  Commissioners of Okeechobee County, and with the applicable

27  landowner developer of the lands within the jurisdiction of

28  the district, to assess the school district educational

29  facilities plan, and to implement a management and financing

30  plan for timely construction, maintenance, and acquisition, at

31  the option of the district, of school facilities, including

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  facilities identified in the facilities work programs or those

 2  proposed by charter schools. The district is granted the

 3  special power to determine, order, levy, impose, collect, or

 4  arrange for the collection and enforcement of assessments, as

 5  defined in and pursuant to this act, for such school

 6  facilities. The district is eligible for the financial

 7  enhancements available to educational facility benefit

 8  districts to provide for financing the construction and

 9  maintenance of educational facilities pursuant to section

10  1013.356, Florida Statutes, and, if and when authorized by

11  general law, to acquire such educational facilities. This act,

12  in the place of an educational facilities benefit district,

13  authorizes the Okeechobee County School Board to designate the

14  district. The district is authorized to enter into an

15  interlocal agreement with the Okeechobee County School Board

16  and, as applicable, the Board of County Commissioners of

17  Okeechobee County, and applicable private landowners and

18  developers in order to provide for such construction,

19  maintenance, and acquisition and in order to receive the

20  applicable financial enhancements provided by section

21  1013.356, Florida Statutes. The interlocal agreement shall

22  consider, among other things, absorption rates, sales rates,

23  and related data of existing and projected schools; racial,

24  ethnic, social, and economic balance within the Okeechobee

25  County School District under applicable state and federal law;

26  and the provision of school attendance zones to allow students

27  residing within a reasonable distance of the facilities

28  constructed and financed through the interlocal agreement to

29  attend such facilities. Because these facilities are funded by

30  assessments and not by taxes of any type, the provision of

31  these facilities may be multiuse and, consistent with the

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  provisions of this act, shall be first liens on the property

 2  upon a showing of special and peculiar benefits that flow to

 3  the property within the jurisdiction of the district as a

 4  logical connection from the systems, facilities, and services,

 5  resulting in added use, enhanced enjoyment, decreased

 6  insurance premiums, or enhanced value in marketability so that

 7  the Legislature finds that the provisions of the Florida

 8  Constitution for free public schools is implemented and

 9  enhanced.

10         (l)  To provide for security, including, but not

11  limited to, guardhouses, fences and gates, electronic

12  intrusion detection systems, and patrol cars, when authorized

13  by proper governmental agencies, except that the district may

14  not exercise any powers of a law enforcement agency but may

15  contract with the appropriate local general-purpose government

16  agencies for an increased level of such services within the

17  district boundaries. Notwithstanding any provision of general

18  law, the district may operate guardhouses for the limited

19  purpose of providing security for the residents of the

20  district and which serve a predominate public, as opposed to

21  private, purpose. Such guardhouses shall be operated by the

22  district or other unit of local government pursuant to

23  procedures designed to serve such security purposes as set

24  forth in rules adopted by the board, from time to time,

25  following the procedures set forth in chapter 120, Florida

26  Statutes.

27         (m)  To provide for control and elimination of

28  mosquitoes and other arthropods of public health importance.

29         (n)  To provide for waste collection and disposal.

30         (o)  To enter into impact fee credit agreements with

31  Okeechobee County and the Okeechobee County School Board.

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  Under such agreements, where the district constructs or makes

 2  contributions for public systems, facilities, services,

 3  projects, improvements, works, and infrastructures for which

 4  impact fee credits would be available to the landowner

 5  developer under the Okeechobee County and Okeechobee County

 6  School Board applicable impact fee ordinance, the agreement

 7  authorized by this act shall provide that such impact fee

 8  credit shall inure to the landowners within the district in

 9  portion to assessments or other burdens levied and imposed

10  upon the landowners with respect to assessable improvements

11  giving rise to such impact fee credits, and the district

12  shall, from time to time, execute such instruments, such as

13  assignments of impact fee credits, as may be necessary,

14  appropriate, or desirable to accomplish or to confirm the

15  foregoing.

16         (p)  To establish and create, at noticed meetings, such

17  government departments of the board of the district, as well

18  as committees, task forces, boards, commissions, or other

19  agencies under the supervision and control of the district, as

20  from time to time the members of the board may deem necessary

21  or desirable in the performance of the acts or other things

22  necessary to exercise its general or special powers to

23  implement an innovative project to carry out the special

24  purpose of the district as provided in this act and to

25  delegate to such departments, boards, task forces, committees,

26  or other agencies such administrative duties and other powers

27  as the board may deem necessary or desirable, but only if

28  there is a set of expressed limitations for accountability,

29  notice, and periodic written reporting to the board, which

30  shall retain its powers.

31  

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1         (q)  So long as not inconsistent with the applicable

 2  local government comprehensive plan and development

 3  entitlements, to coordinate with the landowner developer on

 4  the phasing of the delivery of infrastructure and to create

 5  phase entities or units for its charter purpose. Toward this

 6  end, and so long as it implements the purpose of the district

 7  under this act, the board may designate, therefore, units of

 8  development and adopt systems of progressive phased

 9  development by units with related management planning,

10  implementation, construction, maintenance, and financing

11  within its phased unit. If the board proceeds to designate

12  such phased units of development, it must adopt at a noticed

13  meeting pursuant to chapter 120, Florida Statutes, a rule

14  setting forth detailed procedures and authorizations for such

15  phase unit processes. A committee, department, or agency of

16  the board shall be given express duty of oversight with

17  monthly written reports to the board. No such phased units can

18  begin or operate until or unless the required noticed rule has

19  been promulgated. With regard to any phased unit, there shall

20  be no bonded indebtedness and no levy of any lienable or

21  nonlienable revenue, whether to amortize bonds or not, within

22  the boundary of a phased unit other than by the board and

23  pursuant to the powers, procedures, and provisions of this act

24  and other applicable laws.

25         (r)  To plan, establish, acquire, construct or

26  reconstruct, enlarge or extend, equip, operate, maintain,

27  finance, and fund buildings and structures for district

28  offices, maintenance facilities, meeting facilities, town

29  centers, or any other project authorized or granted by this

30  act upon a showing at a noticed meeting of its efficacy to the

31  

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  specialized single purpose of this district for the new

 2  community.

 3         (s)  To plan, establish, acquire, construct or

 4  reconstruct, enlarge or extend, equip, operate, maintain,

 5  finance, and fund edifices and facilities for the provision of

 6  health care when authorized by applicable public or private

 7  agencies providing health care and upon a showing of efficacy

 8  to carry out the purpose of the district.

 9         (t)  To coordinate, work with, and, as the board deems

10  appropriate, enter into interlocal agreements subject to the

11  provisions of this charter with any public or private

12  institution of higher education, including the Indian River

13  Community College and any public or private university. The

14  purpose of such coordination and agreements is to help sustain

15  high-quality infrastructure in, around, and for the

16  universities as may be appropriate under the law on the basis

17  that the provision of such systems, facilities, and services,

18  including classrooms or other buildings for such institutions,

19  constitutes enhancement of the intrinsic value and

20  marketability of property within the new community and also

21  provides for increased enjoyment and enhanced use of the

22  property. These systems, facilities, and services, including

23  buildings, shall be first liens on the property within the

24  community and serve a lawful public purpose upon a showing by

25  the board in a nonarbitrary and informed manner of special and

26  peculiar benefits that flow to the property within the

27  community as a logical connection from the systems,

28  facilities, and services, resulting in added use, enhanced

29  enjoyment, decreased insurance premiums on, or enhanced value

30  in the marketability of the property.

31  

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    17-1692-06                                              See HB




 1         (u)  To adopt and enforce appropriate rules following

 2  the procedures of chapter 120, Florida Statutes, in connection

 3  with the provisions of one or more its systems, facilities,

 4  services, projects, improvements, works, and infrastructure.

 5  

 6  The enumeration of special powers in this subsection shall not

 7  be deemed exclusive or restrictive but shall be deemed to

 8  incorporate all powers, express or implied, necessary or

 9  incident to carrying out such enumerated special powers,

10  including also the general powers provided by this special act

11  charter to the district to implement its single purpose. The

12  provisions of this subsection shall be construed liberally in

13  order to carry out effectively the single purpose of this

14  district under this act and to secure for the district its

15  ability to be innovative.

16         (10)  ISSUANCE OF BOND ANTICIPATION NOTES.--In addition

17  to the other powers provided for in this act, and not in

18  limitation thereof, the district shall have the power, at any

19  time, and from time to time after the issuance of any bonds of

20  the district shall have been authorized, to borrow money for

21  the purposes for which such bonds are to be issued in

22  anticipation of the receipt of the proceeds of the sale of

23  such bonds and to issue bond anticipation notes in a principal

24  sum not in excess of the authorized maximum amount of such

25  bond issue. Such notes shall be in such denomination or

26  denominations; bear interest at such rate, not to exceed the

27  maximum rate allowed by general law; mature at such time or

28  times not later than 5 years from the date of issuance; and be

29  in such form and executed in such manner as the board shall

30  prescribe. Such notes may be sold at either public or private

31  sale or, if such notes are renewal notes, may be exchanged for

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    17-1692-06                                              See HB




 1  notes then outstanding on such terms as the board shall

 2  determine. Such notes shall be paid from the proceeds of such

 3  bonds when issued. The board may, in its discretion, in lieu

 4  of retiring the notes by means of bonds, retire them by means

 5  of current revenues or from any taxes or assessments levied

 6  for the payment of such bonds, but in such event, a like

 7  amount of the bonds authorized shall not be issued.

 8         (11)  SHORT-TERM BORROWING.--The district may at any

 9  time obtain loans, in such amount and on such terms and

10  conditions as the board may approve, for the purpose of paying

11  any of the expenses of the district or any costs incurred or

12  that may be incurred in connection with any of the projects of

13  the district, which loans shall bear interest as the board

14  determines as not to exceed the maximum rate allowed by

15  general law and may be payable from and secured by a pledge of

16  such funds, revenues, taxes, and assessments as the board may

17  determine, subject, however, to the provisions contained in

18  any proceeding under which bonds were theretofore issued and

19  are then outstanding. For the purpose of defraying such costs

20  and expenses, the district may issue negotiable notes,

21  warrants, or other evidences of debt to be payable at such

22  times and to bear such interest, not to exceed the maximum

23  rate allowed by general law, as the board may determine and to

24  be sold or discounted at such price or prices not less than 95

25  percent of par value and on such terms as the board may deem

26  advisable. The board shall have the right to provide for the

27  payment thereof by pledging the whole or any part of the

28  funds, revenues, taxes, and assessments of the district. The

29  approval of the electors residing in the district shall not be

30  necessary except when required by the State Constitution.

31         (12)  BONDS.--

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    17-1692-06                                              See HB




 1         (a)  Bonds may be sold in blocks or installments at

 2  different times, or an entire issue or series may be sold at

 3  one time. Bonds may be sold at public or private sale after

 4  such advertisement, if any, as the board may deem advisable,

 5  but not in any event at less than 90 percent of the par value

 6  thereof, together with accrued interest thereon. Bonds may be

 7  sold or exchanged for refunding bonds. Special assessment and

 8  revenue bonds may be delivered by the district as payment of

 9  the purchase price of any project or part thereof, or a

10  combination of projects or parts thereof, or as the purchase

11  price or exchange for any property, real, personal, or mixed,

12  including franchises or services rendered by any contractor,

13  engineer, or other person, all at one time or in blocks from

14  time to time, in such manner and upon such terms as the board

15  in its discretion shall determine. The price or prices for any

16  bonds sold, exchanged, or delivered may be:

17         1.  The money paid for the bonds.

18         2.  The principal amount, plus accrued interest to the

19  date of redemption or exchange, or outstanding obligations

20  exchanged for refunding bonds.

21         3.  In the case of special assessment or revenue bonds,

22  the amount of any indebtedness to contractors or other persons

23  paid with such bonds, or the fair value of any properties

24  exchanged for the bonds, as determined by the board.

25         (b)  Any general obligation bonds, special assessment

26  bonds, or revenue bonds may be authorized by resolution or

27  resolutions of the board, which shall be adopted by a majority

28  of all the members thereof then in office. Such resolution or

29  resolutions may be adopted at the same meeting at which they

30  are introduced and need not be published or posted. The board

31  may, by resolution, authorize the issuance of bonds and fix

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  the aggregate amount of bonds to be issued; the purpose or

 2  purposes for which the moneys derived therefrom shall be

 3  expended, including, but not limited to, payment of costs as

 4  defined in section 2(6)(h); the rate or rates of interest, not

 5  to exceed the maximum rate allowed by general law; the

 6  denomination of the bonds; whether or not the bonds are to be

 7  issued in one or more series; the date or dates of maturity,

 8  which shall not exceed 40 years from their respective dates of

 9  issuance; the medium of payment; the place or places within or

10  without the state where payment shall be made; registration

11  privileges; redemption terms and privileges, whether with or

12  without premium; the manner of execution; the form of the

13  bonds, including any interest coupons to be attached thereto;

14  the manner of execution of bonds and coupons; and any and all

15  other terms, covenants, and conditions thereof and the

16  establishment of revenue or other funds. Such authorizing

17  resolution or resolutions may further provide for the

18  contracts authorized by section 159.825(1)(f) and (g), Florida

19  Statutes, regardless of the tax treatment of such bonds being

20  authorized, subject to the finding by the board of a net

21  savings to the district resulting by reason thereof. Such

22  authorizing resolution may further provide that such bonds may

23  be executed in accordance with the Registered Public

24  Obligations Act, except that bonds not issued in registered

25  form shall be valid if manually countersigned by an officer

26  designated by appropriate resolution of the board. The seal of

27  the district may be affixed, lithographed, engraved, or

28  otherwise reproduced in facsimile on such bonds. In case any

29  officer whose signature appears on any bonds or coupons ceases

30  to be such officer before the delivery of such bonds, such

31  signature or facsimile shall nevertheless be valid and

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    17-1692-06                                              See HB




 1  sufficient for all purposes as if he or she had remained in

 2  office until such delivery.

 3         (c)  Pending the preparation of definitive bonds, the

 4  board may issue interim certificates or receipts or temporary

 5  bonds, in such form and with such provisions as the board may

 6  determine, exchangeable for definitive bonds when such bonds

 7  have been executed and are available for delivery. The board

 8  may also provide for the replacement of any bonds which become

 9  mutilated, lost, or destroyed.

10         (d)  Any bond issued under this act or any temporary

11  bond, in the absence of an express recital on the face thereof

12  that it is nonnegotiable, shall be fully negotiable and shall

13  be and constitute a negotiable instrument within the meaning

14  and for all purposes of the law merchant and the laws of the

15  state.

16         (e)  The board may make such provision with respect to

17  the defeasance of the right, title, and interest of the

18  holders of any of the bonds and obligations of the district in

19  any revenues, funds, or other properties by which such bonds

20  are secured as the board deems appropriate and, without

21  limitation on the foregoing, may provide that when such bonds

22  or obligations become due and payable or are called for

23  redemption and the whole amount of the principal and interest

24  and premium, if any, due and payable upon the bonds or

25  obligations then outstanding is held in trust for such purpose

26  and provision is also made for paying all other sums payable

27  in connection with such bonds or other obligations, then the

28  right, title, and interest of the holders of the bonds in any

29  revenues, funds, or other properties by which such bonds are

30  secured shall thereupon cease, terminate, and become void; and

31  the board may apply any surplus in any sinking fund

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  established in connection with such bonds or obligations and

 2  all balances remaining in all other funds or accounts other

 3  than money held for the redemption or payment of the bonds or

 4  other obligations to any lawful purpose of the district as the

 5  board shall determine.

 6         (f)  If the proceeds of any bonds are less than the

 7  cost of completing the project in connection with which such

 8  bonds were issued, the board may authorize the issuance of

 9  additional bonds upon such terms and conditions as the board

10  may provide in the resolution authorizing the issuance

11  thereof, but only in compliance with the resolution or other

12  proceedings authorizing the issuance of the original bonds.

13         (g)  The district shall have the power to issue bonds

14  to provide for the retirement or refunding of any bonds or

15  obligations of the district that, at the time of such

16  issuance, are or subsequently thereto become due and payable,

17  or that at the time of issuance have been called or are or

18  will be subject to call for redemption within 10 years

19  thereafter, or the surrender of which can be procured from the

20  holders thereof at prices satisfactory to the board. Refunding

21  bonds may be issued at any time when, in the judgment of the

22  board, such issuance will be advantageous to the district. No

23  approval of the qualified electors residing in the district

24  shall be required for the issuance of refunding bonds except

25  in cases in which such approval is required by the State

26  Constitution. The board may by resolution confer upon the

27  holders of such refunding bonds all rights, powers, and

28  remedies to which the holders would be entitled if they

29  continued to be the owners and had possession of the bonds for

30  the refinancing of which such refunding bonds are issued,

31  including, but not limited to, the preservation of the lien of

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  such bonds on the revenues of any project or on pledged funds,

 2  without extinguishment, impairment, or diminution thereof. The

 3  provisions of this act pertaining to bonds of the district

 4  shall, unless the context otherwise requires, govern the

 5  issuance of refunding bonds, the form and other details

 6  thereof, the rights of the holders thereof, and the duties of

 7  the board with respect thereto.

 8         (h)1.  The district shall have the power to issue

 9  revenue bonds from time to time without limitation as to

10  amount. Such revenue bonds may be secured by, or payable from,

11  the gross or net pledge of the revenues to be derived from any

12  project or combination of projects; from the rates, fees, or

13  other charges to be collected from the users of any project or

14  projects; from any revenue-producing undertaking or activity

15  of the district; from special assessments; from benefit

16  special assessments; or from any other source or pledged

17  security. Such bonds shall not constitute an indebtedness of

18  the district, and the approval of the qualified electors shall

19  not be required unless such bonds are additionally secured by

20  the full faith and credit and taxing power of the district.

21         2.  Any two or more projects may be combined and

22  consolidated into a single project and may be operated and

23  maintained as a single project. The revenue bonds authorized

24  herein may be issued to finance any one or more of such

25  projects, regardless of whether such projects have been

26  combined and consolidated into a single project. If the board

27  deems it advisable, the proceedings authorizing such revenue

28  bonds may provide that the district may combine the projects

29  then being financed or theretofore financed with other

30  projects to be subsequently financed by the district and that

31  revenue bonds to be thereafter issued by the district shall be

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  on parity with the revenue bonds then being issued, all on

 2  such terms, conditions, and limitations provided in the

 3  proceeding which authorized the original bonds.

 4         (i)1.  Subject to the limitations of this charter, the

 5  district shall have the power from time to time to issue

 6  general obligation bonds to finance or refinance capital

 7  projects or to refund outstanding bonds in an aggregate

 8  principal amount of bonds outstanding at any one time not in

 9  excess of 35 percent of the assessed value of the taxable

10  property within the district as shown on the pertinent tax

11  records at the time of the authorization of the general

12  obligation bonds for which the full faith and credit of the

13  district is pledged. Except for refunding bonds, no general

14  obligation bonds shall be issued unless the bonds are issued

15  to finance or refinance a capital project and the issuance has

16  been approved at an election held in accordance with the

17  requirements for such election as prescribed by the State

18  Constitution. Such elections shall be called to be held in the

19  district by the board of county commissioners of the county

20  upon the request of the board of the district. The expenses of

21  calling and holding an election shall be at the expense of the

22  district, and the district shall reimburse the county for any

23  expenses incurred in calling or holding such election.

24         2.  The district may pledge its full faith and credit

25  for the payment of the principal and interest on such general

26  obligation bonds and for any reserve funds provided therefor

27  and may unconditionally and irrevocably pledge itself to levy

28  ad valorem taxes on all taxable property in the district, to

29  the extent necessary for the payment thereof, without

30  limitations as to rate or amount.

31  

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1         3.  If the board determines to issue general obligation

 2  bonds for more than one capital project, the approval of the

 3  issuance of the bonds for each and all such projects may be

 4  submitted to the electors on one and the same ballot. The

 5  failure of the electors to approve the issuance of bonds for

 6  any one or more capital projects shall not defeat the approval

 7  of bonds for any capital project which has been approved by

 8  the electors.

 9         4.  In arriving at the amount of general obligation

10  bonds permitted to be outstanding at any one time pursuant to

11  subparagraph 1., there shall not be included any general

12  obligation bonds which are additionally secured by the pledge

13  of:

14         a.  Any assessments levied in an amount sufficient to

15  pay the principal and interest on the general obligation bonds

16  so additionally secured, which assessments have been equalized

17  and confirmed by resolution of the board pursuant to this act

18  or section 170.08, Florida Statutes.

19         b.  Water revenues, sewer revenues, or water and sewer

20  revenues of the district to be derived from user fees in an

21  amount sufficient to pay the principal and interest on the

22  general obligation bonds so additionally secured.

23         c.  Any combination of assessments and revenues

24  described in subparagraphs a. and b.

25         (j)1.  Notwithstanding the provisions of any other law

26  to the contrary, all bonds issued under the provisions of this

27  act shall constitute legal investments for savings banks,

28  banks, trust companies, insurance companies, executors,

29  administrators, trustees, guardians, and other fiduciaries and

30  for any board, body, agency, instrumentality, county,

31  municipality, or other political subdivision of the state and

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    17-1692-06                                              See HB




 1  shall be and constitute security which may be deposited by

 2  banks or trust companies as security for deposits of state,

 3  county, municipal, or other public funds or by insurance

 4  companies as required or voluntary statutory deposits.

 5         2.  Any bonds issued by the district shall be

 6  incontestable in the hands of bona fide purchasers or holders

 7  for value and shall not be invalid because of any irregularity

 8  or defect in the proceedings for the issue and sale thereof.

 9         (k)  Any resolution authorizing the issuance of bonds

10  may contain such covenants as the board may deem advisable,

11  and all such covenants shall constitute valid and legally

12  binding and enforceable contracts between the district and the

13  bondholders, regardless of the time of issuance thereof. Such

14  covenants may include, without limitation, covenants

15  concerning the disposition of the bond proceeds; the use and

16  disposition of project revenues; the pledging of revenues,

17  taxes, and assessments; the obligations of the district with

18  respect to the operation of the project and the maintenance of

19  adequate project revenues; the issuance of additional bonds;

20  the appointment, powers, and duties of trustees and receivers;

21  the acquisition of outstanding bonds and obligations;

22  restrictions on the establishing of competing projects or

23  facilities; restrictions on the sale or disposal of the assets

24  and property of the district; the priority of assessment

25  liens; the priority of claims by bondholders on the taxing

26  power of the district; the maintenance of deposits to ensure

27  the payment of revenues by users of district facilities and

28  services; the discontinuance of district services by reason of

29  delinquent payments; acceleration upon default; the execution

30  of necessary instruments; the procedure for amending or

31  abrogating covenants with the bondholders; and such other

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  covenants as may be deemed necessary or desirable for the

 2  security of the bondholders.

 3         (l)  The power of the district to issue bonds under the

 4  provisions of this act may be determined, and any of the bonds

 5  of the district maturing over a period of more than 5 years

 6  shall be validated and confirmed, by court decree, under the

 7  provisions of chapter 75, Florida Statutes.

 8         (m)  To the extent allowed by general law, all bonds

 9  issued hereunder and interest paid thereon and all fees,

10  charges, and other revenues derived by the district from the

11  projects provided by this act are exempt from all taxes by the

12  state or by any political subdivision, agency, or

13  instrumentality thereof; however, any interest, income, or

14  profits on debt obligations issued hereunder are not exempt

15  from the tax imposed by chapter 220, Florida Statutes.

16  Further, the district is not exempt from the provisions of

17  chapter 212, Florida Statutes.

18         (n)  Bonds issued by the district shall meet the

19  criteria set forth in section 189.4085, Florida Statutes.

20         (o)  This act constitutes full and complete authority

21  for the issuance of bonds and the exercise of the powers of

22  the district provided herein. No procedures or proceedings,

23  publications, notices, consents, approvals, orders, acts, or

24  things by the board, or any board, officers, commission,

25  department, agency, or instrumentality of the district, other

26  than those required by this act, shall be required to perform

27  anything under this act, except that the issuance or sale of

28  bonds pursuant to the provisions of this act shall comply with

29  the general law requirements applicable to the issuance or

30  sale of bonds by the district. Nothing in this act shall be

31  

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  construed to authorize the district to utilize bond proceeds

 2  to fund the ongoing operations of the district.

 3         (p)  The state pledges to the holders of any bonds

 4  issued under this act that it will not limit or alter the

 5  rights of the district to own, acquire, construct,

 6  reconstruct, improve, maintain, operate, or furnish the

 7  projects or to levy and collect the taxes, assessments,

 8  rentals, rates, fees, and other charges provided for herein or

 9  to fulfill the terms of any agreement made with the holders of

10  such bonds or other obligations and that it will not in any

11  way impair the rights or remedies of such holders.

12         (q)  A default on the bonds or obligations of a

13  district shall not constitute a debt or obligation of the

14  state or any local general-purpose government or the state.

15         (13)  TRUST AGREEMENTS.--Any issue of bonds shall be

16  secured by a trust agreement by and between the district and a

17  corporate trustee or trustees, which may be any trust company

18  or bank having the powers of a trust company within or without

19  the state. The resolution authorizing the issuance of the

20  bonds or such trust agreement may pledge the revenues to be

21  received from any projects of the district and may contain

22  such provisions for protecting and enforcing the rights and

23  remedies of the bondholders as the board may approve,

24  including, without limitation, covenants setting forth the

25  duties of the district in relation to the acquisition,

26  construction, reconstruction, improvement, maintenance,

27  repair, operation, and insurance of any projects; the fixing

28  and revising of the rates, fees, and charges; and the custody,

29  safeguarding, and application of all moneys and for the

30  employment of consulting engineers in connection with such

31  acquisition, construction, reconstruction, improvement,

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    17-1692-06                                              See HB




 1  maintenance, repair, or operation. It shall be lawful for any

 2  bank or trust company within or without the state which may

 3  act as a depository of the proceeds of bonds or of revenues to

 4  furnish such indemnifying bonds or to pledge such securities

 5  as may be required by the district. Such resolution or trust

 6  agreement may set forth the rights and remedies of the

 7  bondholders and of the trustee, if any, and may restrict the

 8  individual right of action by bondholders. The board may

 9  provide for the payment of proceeds of the sale of the bonds

10  and the revenues of any project to such officer, board, or

11  depository as it may designate for the custody thereof and may

12  provide for the method of disbursement thereof with such

13  safeguards and restrictions as it may determine. All expenses

14  incurred in carrying out the provisions of such resolution or

15  trust agreement may be treated as part of the cost of

16  operation of the project to which such trust agreement

17  pertains.

18         (14)  AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL

19  ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL

20  ASSESSMENTS; MAINTENANCE TAXES.--

21         (a)  A board elected by and consisting of qualified

22  electors shall have the power to levy and assess an ad valorem

23  tax on all the taxable property in the district to construct,

24  operate, and maintain assessable improvements; to pay the

25  principal of, and interest on, any general obligation bonds of

26  the district; and to provide for any sinking or other funds

27  established in connection with any such bonds. An ad valorem

28  tax levied by the board for operating purposes, exclusive of

29  debt service on bonds, shall not exceed 3 mills. The ad

30  valorem tax provided for herein shall be in addition to county

31  and all other ad valorem taxes provided for by law. Such tax

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    17-1692-06                                              See HB




 1  shall be assessed, levied, and collected in the same manner

 2  and at the same time as county taxes. The levy of ad valorem

 3  taxes shall be approved by referendum when required by the

 4  State Constitution.

 5         (b)  The board annually shall determine, order, and

 6  levy the annual installment of the total benefit special

 7  assessments for bonds issued for and expenses related to

 8  financing assessable improvements. These assessments may be

 9  due and collected during each year that county taxes are due

10  and collected, in which case such annual installment and levy

11  shall be evidenced and certified to the property appraiser by

12  the board not later than August 31 of each year. Such

13  assessment shall be entered by the property appraiser on the

14  county tax rolls and shall be collected and enforced by the

15  tax collector in the same manner and at the same time as

16  county taxes, and the proceeds thereof shall be paid to the

17  district. However, this subsection shall not prohibit the

18  district in its discretion from using the method prescribed in

19  either section 197.3632, Florida Statutes, or chapter 173,

20  Florida Statutes, for collecting and enforcing these

21  assessments. Each annual installment of benefit special

22  assessments shall be a lien on the property against which

23  assessed until paid and shall be enforceable in a like manner

24  as county taxes. The amount of the assessment for the exercise

25  of the district's powers under subsections (8) and (9) shall

26  be determined by the board based upon a report by the

27  district's engineer and assessed by the board upon such lands,

28  which may be part or all of the lands within the district

29  benefited by the improvement, apportioned between benefited

30  lands in proportion to the benefits received by each tract of

31  land. The board may, if it determines it is in the best

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    17-1692-06                                              See HB




 1  interests of the district, set forth in the proceedings

 2  initially levying such benefit special assessments or in

 3  subsequent proceedings a formula for the determination of an

 4  amount, which, when paid by a taxpayer with respect to any tax

 5  parcel, shall constitute a prepayment of all future annual

 6  installments of such benefit special assessments and the

 7  payment of which amount with respect to such tax parcel shall

 8  relieve and discharge such tax parcel of the lien of such

 9  benefit special assessments and any subsequent annual

10  installment thereof. The board may provide further that upon

11  delinquency in the payment of any annual installment of

12  benefit special assessments, the prepayment amount of all

13  future annual installments of benefit special assessments as

14  determined in this paragraph shall be and become immediately

15  due and payable together with such delinquent annual

16  installment.

17         (c)  If and when authorized by general law, to maintain

18  and preserve the physical facilities and services constituting

19  the works, improvements, or infrastructure provided by the

20  district pursuant to this act, and to repair and restore any

21  one or more of them, when needed, and for the purpose of

22  defraying the current expenses of the district, including any

23  sum which may be required to pay state and county ad valorem

24  taxes on any lands which may have been purchased and which are

25  held by the district under the provisions of this act, the

26  board may, upon the completion of said systems, facilities,

27  services, works, improvements, or infrastructure, in whole or

28  in part, as may be certified to the board by the engineer of

29  the board, levy annually a non-ad valorem and nonmillage tax

30  upon each tract or parcel of land within the district, to be

31  known as a "maintenance tax." This non-ad valorem maintenance

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  tax shall be apportioned upon the basis of the net assessments

 2  of benefits assessed as accruing from the original

 3  construction and shall be evidenced and certified to the

 4  property appraiser by the board not later than June 1 of each

 5  year and shall be entered by the property appraiser on the tax

 6  roll of the property appraiser, as certified by the property

 7  appraiser to the tax collector, and collected by the tax

 8  collector on the merged collection roll of the tax collector

 9  in the same manner and at the same time as county ad valorem

10  taxes, and the proceeds therefrom shall be paid to the

11  district. This non-ad valorem maintenance tax shall be a lien

12  until paid on the property against which assessed and

13  enforceable in like manner and of the same dignity as county

14  ad valorem taxes.

15         (d)  To maintain and preserve the facilities and

16  projects of the district, the board may levy a maintenance

17  special assessment. This assessment may be evidenced to and

18  certified to the property appraiser by the board not later

19  than August 31 of each year and shall be entered by the

20  property appraiser on the county tax rolls and shall be

21  collected and enforced by the tax collector in the same manner

22  and at the same time as county taxes, and the proceeds

23  therefrom shall be paid to the district. However, this

24  subsection shall not prohibit the district in its discretion

25  from using the method prescribed in section 197.363, section

26  197.3631, or section 197.3632, Florida Statutes, for

27  collecting and enforcing these assessments. These maintenance

28  special assessments shall be a lien on the property against

29  which assessed until paid and shall be enforceable in like

30  manner as county taxes. The amount of the maintenance special

31  assessment for the exercise of the district's powers under

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  this section shall be determined by the board based upon a

 2  report by the district's engineer and assessed by the board

 3  upon such lands, which may be all of the lands within the

 4  district benefited by the maintenance thereof, apportioned

 5  between the benefited lands in proportion to the benefits

 6  received by each tract of land.

 7         (e)  The board shall have the power to levy and impose

 8  any special assessments pursuant to subsection (15).

 9         (f)  The collection and enforcement of all taxes levied

10  by the district shall be at the same time and in like manner

11  as county taxes, and the provisions of the Florida Statutes

12  relating to the sale of lands for unpaid and delinquent county

13  taxes; the issuance, sale, and delivery of tax certificates

14  for such unpaid and delinquent county taxes; the redemption

15  thereof; the issuance to individuals of tax deeds based

16  thereon; and all other procedures in connection therewith

17  shall be applicable to the district to the same extent as if

18  such statutory provisions were expressly set forth herein. All

19  taxes shall be subject to the same discounts as county taxes.

20         (g)  All taxes provided for in this act shall become

21  delinquent and bear penalties on the amount of such taxes in

22  the same manner as county taxes.

23         (h)  Benefit special assessments, maintenance special

24  assessments, and special assessments are hereby found and

25  determined to be non-ad valorem assessments as defined by

26  section 197.3632, Florida Statutes. Maintenance taxes are

27  non-ad valorem taxes and are not special assessments.

28         (i)  Any and all assessments, including special

29  assessments, benefit special assessments, and maintenance

30  special assessments authorized by this section; special

31  assessments as defined by section 2(6)(z) and granted and

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  authorized by this subsection; and maintenance taxes if

 2  authorized by general law, shall constitute a lien on the

 3  property against which assessed from the date of levy and

 4  imposition thereof until paid, coequal with the lien of state,

 5  county, municipal, and school board taxes. These assessments

 6  may be collected, at the district's discretion, under

 7  authority of section 197.3631, Florida Statutes, by the tax

 8  collector pursuant to the provisions of sections 197.3632 and

 9  197.3635, Florida Statutes, or in accordance with other

10  collection measures provided by law. In addition to, and not

11  in limitation of, any powers otherwise set forth herein or in

12  general law, these assessments may also be enforced pursuant

13  to the provisions of chapter 173, Florida Statutes.

14         (j)  Except as otherwise provided by law, no levy of ad

15  valorem taxes or non-ad valorem assessments under this act or

16  chapter 170 or chapter 197, Florida Statutes, or otherwise by

17  a board of a district on property of a governmental entity

18  that is subject to a ground lease as described in section

19  190.003(13), Florida Statutes, shall constitute a lien or

20  encumbrance on the underlying fee interest of such

21  governmental entity.

22         (15)  SPECIAL ASSESSMENTS.--

23         (a)  As an alternative method to the levy and

24  imposition of special assessments pursuant to chapter 170,

25  Florida Statutes, pursuant to the authority of section

26  197.3631, Florida Statutes, or pursuant to other provisions of

27  general law that provide a supplemental means or authority to

28  impose, levy, and collect special assessments as otherwise

29  authorized under this act, the board may levy and impose

30  special assessments to finance the exercise of any its powers

31  

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  permitted under this act using the following uniform

 2  procedures:

 3         1.  At a noticed meeting, the board shall consider and

 4  review an engineer's report on the costs of the systems,

 5  facilities, and services to be provided, a preliminary

 6  assessment methodology, and a preliminary roll based on

 7  acreage or platted lands, depending upon whether platting has

 8  occurred.

 9         2.  The assessment methodology shall address and

10  discuss, and the board shall consider, whether the systems,

11  facilities, and services being contemplated will result in

12  special benefits peculiar to the property, different in kind

13  and degree than general benefits, as a logical connection

14  between the property and the systems, facilities, and services

15  themselves, and whether the duty to pay the assessments by the

16  property owners is apportioned in a manner that is fair and

17  equitable and not in excess of the special benefit received.

18  It shall be fair and equitable to designate a fixed proportion

19  of the annual debt service, together with interest thereon, on

20  the aggregate principal amount of bonds issued to finance such

21  systems, facilities, and services which give rise to unique,

22  special, and peculiar benefits to property of the same or

23  similar characteristics under the assessment methodology so

24  long as such fixed proportion does not exceed the unique,

25  special, and peculiar benefits enjoyed by such property from

26  such systems, facilities, and services.

27         3.  The engineer's cost report shall identify the

28  nature of the proposed systems, facilities, and services,

29  their location, and a cost breakdown plus a total estimated

30  cost, including cost of construction or reconstruction, labor

31  and materials, lands, property, rights, easements, franchises

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  or systems, facilities and services to be acquired, cost of

 2  plans and specifications, surveys of estimates of costs and of

 3  revenues, cost of engineering, legal, and other professional

 4  consultation services, and other expenses or costs necessary

 5  or incident to determining the feasibility or practicability

 6  of such construction, reconstruction, or acquisition,

 7  administrative expenses, relationship to the authority and

 8  power of the district in its charter, and such other expense

 9  or costs as may be necessary or incident to the financing to

10  be authorized by the board.

11         4.  The preliminary assessment roll will be prepared in

12  accordance with the method of assessment provided for in the

13  assessment methodology and as may be adopted by the board. The

14  assessment roll shall be completed as promptly as possible and

15  shall show the acreage, lots, lands, or plats assessed and the

16  amount of the fairly and reasonably apportioned assessment

17  based on special and peculiar benefit to the property, lot,

18  parcel, or acreage of land, and if the assessment against each

19  such lot, parcel, acreage, or portion of land is to be paid in

20  installments, the number of annual installments in which the

21  assessment is divided shall be entered into and shown upon the

22  assessment roll.

23         5.  The board may determine and declare by an initial

24  assessment resolution to levy and assess the assessments with

25  respect to assessable improvements stating the nature of the

26  systems, facilities, and services; improvements, projects, or

27  infrastructure constituting such assessable improvements; the

28  information in the engineer's cost report; and the information

29  in the assessment methodology as determined by the board at

30  the noticed meeting and referencing and incorporating as part

31  of the resolution the engineer's cost report, the preliminary

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  assessment methodology, and the preliminary assessment roll as

 2  referenced exhibits to the resolution by reference. If the

 3  board determines to declare and levy the special assessments

 4  by the initial assessment resolution, the board shall also

 5  adopt and declare a notice resolution, which shall provide and

 6  cause the initial assessment resolution to be published once a

 7  week for a period of 2 weeks in a newspaper of general

 8  circulation published in Okeechobee County. The board shall,

 9  by the notice resolution, fix a time and place at which the

10  owner or owners of the property to be assessed or any other

11  persons interested therein may appear before the board and be

12  heard as to the propriety and advisability of making such

13  improvements, as to the costs thereof, as to the manner of

14  payment therefor, and as to the amount thereof to be assessed

15  against each property so improved. Thirty days' notice in

16  writing of such time and place shall be given to such property

17  owners. The notice shall include the amount of the assessment

18  and shall be served by mailing a copy to each assessed

19  property owner at his or her last known address, the names and

20  addresses of such property owners to be obtained from the

21  record of the property appraiser of the county political

22  subdivision where the land is located or from such other

23  sources as the district manager or engineer deems reliable.

24  Proof of such mailing shall be made by the affidavit of the

25  manager of the district or by the engineer, said proof to be

26  filed with the manager of the district, provided that failure

27  to mail said notice or notices shall not invalidate any of the

28  proceedings hereunder. It is provided further that the last

29  publication shall be at least 1 week prior to the date of the

30  hearing on the final assessment resolution. Said notice shall

31  describe the general areas to be improved and advise all

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  persons interested that the description of each property to be

 2  assessed and the amount to be assessed to each piece, parcel,

 3  lot, or acre of property may be ascertained at the office of

 4  the manager of the district. Such service by publication shall

 5  be verified by the affidavit of the publisher and filed with

 6  the manager of the district. Moreover, the initial assessment

 7  resolution with its attached, referenced, and incorporated

 8  engineer's cost report, preliminary assessment methodology,

 9  and preliminary assessment roll, along with the notice

10  resolution, shall be available for public inspection at the

11  office of the manager and the office of the engineer or any

12  other office designated by the board in the notice resolution.

13  Notwithstanding the foregoing, the landowners of all of the

14  property which is proposed to be assessed may give the

15  district written notice of waiver of any notice and

16  publication provided for in this subparagraph, and such notice

17  and publication shall not be required; however, any meeting of

18  the board to consider such resolution shall be a publicly

19  noticed meeting.

20         6.  At the time and place named in the noticed

21  resolution as provided for in subparagraph 5., the board shall

22  meet and hear testimony from affected property owners as to

23  the propriety and advisability of providing the systems,

24  facilities, services, projects, works, improvements, or

25  infrastructure and funding them with assessments referenced in

26  the initial assessment resolution on the property. Following

27  the testimony and questions from the members of the board or

28  any professional advisors to the district or the preparers of

29  the engineer's cost report, the assessment methodology, and

30  the assessment roll, the board shall make a final decision on

31  whether to levy and assess the particular assessments.

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  Thereafter, the board shall meet as an equalizing board to

 2  hear and consider any and all complaints as to the particular

 3  assessments and shall adjust and equalize the assessments on

 4  the basis of justice and right.

 5         7.  When so equalized and approved by resolution or

 6  ordinance by the board, to be called the final assessment

 7  resolution, a final assessment roll shall be filed with the

 8  manager of the board, and such assessment shall stand

 9  confirmed and remain legal, valid, and binding first liens on

10  the property against which such assessments are made until

11  paid, equal in dignity to the first liens of ad valorem

12  taxation of county governments and school boards; however,

13  upon completion of the systems, facilities, services,

14  projects, improvements, works, or infrastructure, the district

15  shall credit to each assessment the difference in the

16  assessment as originally made, approved, levied, assessed, and

17  confirmed and the proportionate part of the actual cost of the

18  improvement to be paid by the particular special assessments

19  as finally determined upon the completion of the improvement,

20  but in no event shall the final assessment exceed the amount

21  of the special and peculiar benefits as apportioned fairly and

22  reasonably to the property from the system, facility, or

23  service being provided as originally assessed. Promptly after

24  such confirmation, the assessment shall be recorded by the

25  manager of the board in the minutes of the proceedings of the

26  district, and the record of the lien in this set of minutes

27  shall constitute prima facie evidence of its validity. The

28  board, in its sole discretion, may by resolution grant a

29  discount equal to all or a part of the payee's proportionate

30  share of the cost of the project consisting of bond financing

31  cost, such as capitalized interest, funded reserves, and bond

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  discounts included in the estimated cost of the project, upon

 2  payment in full of any assessments during such period prior to

 3  the time such financing costs are incurred as may be specified

 4  by the board in such resolution.

 5         8.  District assessments may be made payable in

 6  installments over no more than 30 years from the date of the

 7  payment of the first installment thereof and may bear interest

 8  at fixed or variable rates.

 9         (b)  Notwithstanding any provision of this act or of

10  chapter 170 or section 170.09, Florida Statutes, which provide

11  that assessments may be paid without interest at any time

12  within 30 days after the improvement is completed and a

13  resolution accepting the same has been adopted by the

14  governing authority, such provision shall not be applicable to

15  any district assessments, whether imposed, levied, and

16  collected pursuant to the provisions of this act or other

17  provisions of Florida law, including, but not limited to,

18  chapter 170, Florida Statutes.

19         (c)  In addition, the district is authorized expressly

20  in the exercise of its rulemaking power to promulgate a rule

21  or rules providing for notice, levy, imposition, equalization,

22  and collection of assessments.

23         (16)  ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON

24  ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS.--

25         (a)  The board may, after any special assessments or

26  benefit special assessments for assessable improvements are

27  made, determined, and confirmed as provided in this act, issue

28  certificates of indebtedness for the amount so assessed

29  against the abutting property or property otherwise benefited,

30  as the case may be. Separate certificates shall be issued

31  against each part or parcel of land or property assessed,

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  which certificates shall state the general nature of the

 2  improvement for which the assessment is made. The certificates

 3  shall be payable in annual installments in accordance with the

 4  installments of the special assessment for which they are

 5  issued. The board may determine the interest to be borne by

 6  such certificates, not to exceed the maximum rate allowed by

 7  general law, and may sell such certificates at either private

 8  or public sale and determine the form, manner of execution,

 9  and other details of such certificates. The certificates shall

10  recite that they are payable only from the special assessments

11  levied and collected from the part or parcel of land or

12  property against which they are issued. The proceeds of such

13  certificates may be pledged for the payment of principal of

14  and interest on any revenue bonds or general obligation bonds

15  issued to finance in whole or in part such assessable

16  improvements, or, if not so pledged, may be used to pay the

17  cost or part of the cost of such assessable improvements.

18         (b)  The district may also issue assessment bonds,

19  revenue bonds, or other obligations payable from a special

20  fund into which such certificates of indebtedness referred to

21  in the preceding paragraph may be deposited; or, if such

22  certificates of indebtedness have not been issued, the

23  district may assign to such special fund for the benefit of

24  the holders of such assessment bonds or other obligations, or

25  to a trustee for such bondholders, the assessment liens

26  provided for in this act unless such certificates of

27  indebtedness or assessment liens have been theretofore pledged

28  for any bonds or other obligations authorized hereunder. In

29  the event of the creation of such special fund and the

30  issuance of such assessment bonds or other obligations, the

31  proceeds of such certificates of indebtedness or assessment

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  liens deposited therein shall be used only for the payment of

 2  the assessment bonds or other obligations issued as provided

 3  in this section. The district is authorized to covenant with

 4  the holders of such assessment bonds, revenue bonds, or other

 5  obligations that it will diligently and faithfully enforce and

 6  collect all the special assessments and interest and penalties

 7  thereon for which such certificates of indebtedness or

 8  assessment liens have been deposited in or assigned to such

 9  fund; to foreclose such assessment liens so assigned to such

10  special fund or represented by the certificates of

11  indebtedness deposited in the special fund, after such

12  assessment liens have become delinquent, and deposit the

13  proceeds derived from such foreclosure, including interest and

14  penalties, in such special fund; and to make any other

15  covenants deemed necessary or advisable in order to properly

16  secure the holders of such assessment bonds or other

17  obligations.

18         (c)  The assessment bonds, revenue bonds, or other

19  obligations issued pursuant to this section shall have such

20  dates of issue and maturity as shall be deemed advisable by

21  the board; however, the maturities of such assessment bonds or

22  other obligations shall not be more than 2 years after the due

23  date of the last installment which will be payable on any of

24  the special assessments for which such assessment liens, or

25  the certificates of indebtedness representing such assessment

26  liens, are assigned to or deposited in such special fund.

27         (d)  Such assessment bonds, revenue bonds, or other

28  obligations issued under this section shall bear such interest

29  as the board may determine, not to exceed the maximum rate

30  allowed by general law, and shall be executed, shall have such

31  provisions for redemption prior to maturity, and shall be sold

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  in the manner of and be subject to all of the applicable

 2  provisions contained in this act for revenue bonds, except as

 3  the same may be inconsistent with the provisions of this

 4  section.

 5         (e)  All assessment bonds, revenue bonds, or other

 6  obligations issued under the provisions of this section shall

 7  be and constitute and shall have all the qualities and

 8  incidents of negotiable instruments under the law merchant and

 9  the laws of the state.

10         (17)  TAX LIENS.--All taxes of the district provided

11  for in this act, except together with all penalties for

12  default in the payment of the same and all costs in collecting

13  the same, including a reasonable attorney's fee fixed by the

14  court and taxed as a cost in the action brought to enforce

15  payment, shall, from January 1 for each year the property is

16  liable to assessment and until paid, constitute a lien of

17  equal dignity with the liens for state and county taxes and

18  other taxes of equal dignity with state and county taxes upon

19  all the lands against which such taxes shall be levied. A sale

20  of any of the real property within the district for state and

21  county or other taxes shall not operate to relieve or release

22  the property so sold from the lien for subsequent district

23  taxes or installments of district taxes, which lien may be

24  enforced against such property as though no such sale thereof

25  had been made. In addition to, and not in limitation of, the

26  preceding sentence, for purposes of section 197.552, Florida

27  Statutes, the lien of all special assessments levied by the

28  district shall constitute a lien of record held by a municipal

29  or county governmental unit. The provisions of sections

30  194.171, 197.122, 197.333, and 197.432, Florida Statutes, as

31  each may be amended from time to time, shall be applicable to

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  district taxes with the same force and effect as if such

 2  provisions were expressly set forth in this act.

 3         (18)  PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY

 4  THE DISTRICT; SHARING IN PROCEEDS OF TAX SALE.--

 5         (a)  The district shall have the power and right to:

 6         1.  Pay any delinquent state, county, district,

 7  municipal, or other tax or assessment upon lands located

 8  wholly or partially within the boundaries of the district; and

 9         2.  Redeem or purchase any tax sales certificates

10  issued or sold on account of any state, county, district,

11  municipal, or other taxes or assessments upon lands located

12  wholly or partially within the boundaries of the district.

13         (b)  Delinquent taxes paid, or tax sales certificates

14  redeemed or purchased, by the district, together with all

15  penalties for the default in payment of the same, all costs in

16  collecting the same, and a reasonable attorney's fee, shall

17  constitute a lien in favor of the district of equal dignity

18  with the liens of state and county taxes and other taxes of

19  equal dignity with state and county taxes upon all the real

20  property against which the taxes were levied. The lien of the

21  district may be foreclosed in the manner provided in this act.

22         (c)  In any sale of land pursuant to section 197.542,

23  Florida Statutes, as may be amended from time to time, the

24  district may certify to the clerk of the circuit court of the

25  county holding such sale the amount of taxes due to the

26  district upon the lands sought to be sold, and the district

27  shall share in the disbursement of the sales proceeds in

28  accordance with the provisions of this act and under the laws

29  of the state.

30         (19)  FORECLOSURE OF LIENS.--Any lien in favor of the

31  district arising under this act may be foreclosed by the

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  district by foreclosure proceedings in the name of the

 2  district in a court of competent jurisdiction as provided by

 3  general law in like manner as is provided in chapter 173,

 4  Florida Statutes, and amendments thereto; the provisions of

 5  that chapter shall be applicable to such proceedings with the

 6  same force and effect as if those provisions were expressly

 7  set forth in this act. Any act required or authorized to be

 8  done by or on behalf of a municipality in foreclosure

 9  proceedings under chapter 173, Florida Statutes, may be

10  performed by such officer or agent of the district as the

11  board may designate. Such foreclosure proceedings may be

12  brought at any time after the expiration of 1 year from the

13  date any tax, or installment thereof, becomes delinquent;

14  however, no lien shall be foreclosed against any political

15  subdivision or agency of the state. Other legal remedies shall

16  remain available.

17         (20)  MANDATORY USE OF CERTAIN DISTRICT SYSTEMS,

18  FACILITIES, AND SERVICES.--To the full extent permitted by

19  law, the district shall require all lands, buildings,

20  premises, persons, firms, and corporations within the district

21  to use the water management and control facilities and water

22  and sewer facilities of the district.

23         (21)  COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS;

24  RELATED PROVISIONS REQUIRED.--

25         (a)  No contract shall be let by the board for any

26  goods, supplies, or materials to be purchased when the amount

27  thereof to be paid by the district shall exceed the amount

28  provided in section 287.017, Florida Statutes, for category

29  four unless notice of bids shall be advertised once in a

30  newspaper of general circulation in Okeechobee County. Any

31  board seeking to construct or improve a public building or

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    17-1692-06                                              See HB




 1  structure or other public works shall comply with the bidding

 2  procedures of section 255.20, Florida Statutes, and other

 3  applicable general law. In each case, the bid of the lowest

 4  responsive and responsible bidder shall be accepted unless all

 5  bids are rejected because the bids are too high or because the

 6  board determines it is in the best interests of the district

 7  to reject all bids. The board may require the bidders to

 8  furnish bond with a responsible surety to be approved by the

 9  board. Nothing in this section shall prevent the board from

10  undertaking and performing the construction, operation, and

11  maintenance of any project or facility authorized by this act

12  by the employment of labor, material, and machinery.

13         (b)  The provisions of the Consultants' Competitive

14  Negotiation Act, section 287.055, Florida Statutes, apply to

15  contracts for engineering, architecture, landscape

16  architecture, or registered surveying and mapping services let

17  by the board.

18         (c)  Contracts for maintenance services for any

19  district facility or project shall be subject to competitive

20  bidding requirements when the amount thereof to be paid by the

21  district exceeds the amount provided in section 287.017,

22  Florida Statutes, for category four. The district shall adopt

23  rules, policies, or procedures establishing competitive

24  bidding procedures for maintenance services. Contracts for

25  other services shall not be subject to competitive bidding

26  unless the district adopts a rule, policy, or procedure

27  applying competitive bidding procedures to said contracts.

28         (22)  FEES, RENTALS, AND CHARGES; PROCEDURE FOR

29  ADOPTION AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS.--

30         (a)  The district is authorized to prescribe, fix,

31  establish, and collect rates, fees, rentals, or other charges,

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    17-1692-06                                              See HB




 1  hereinafter sometimes referred to as "revenues," and to revise

 2  the same from time to time, for the systems, facilities, and

 3  services furnished by the district within the limits of the

 4  district, including, but not limited to, recreational

 5  facilities, water management and control facilities, and water

 6  and sewer systems; to recover the costs of making connection

 7  with any district service, facility, or system; and to provide

 8  for reasonable penalties against any user or property for any

 9  such rates, fees, rentals, or other charges that are

10  delinquent.

11         (b)  No such rates, fees, rentals, or other charges for

12  any of the facilities or services of the district shall be

13  fixed until after a public hearing at which all the users of

14  the proposed facility or service or owners, tenants, or

15  occupants served or to be served thereby and all other

16  interested persons shall have an opportunity to be heard

17  concerning the proposed rates, fees, rentals, or other

18  charges. Rates, fees, rentals, and other charges shall be

19  adopted under the administrative rulemaking authority of the

20  district but shall not apply to district leases. Notice of

21  such public hearing setting forth the proposed schedule or

22  schedules of rates, fees, rentals, and other charges shall

23  have been published in a newspaper of general circulation in

24  Okeechobee County at least once and at least 10 days prior to

25  such public hearing. The rulemaking hearing may be adjourned

26  from time to time. After such hearing, such schedule or

27  schedules, either as initially proposed or as modified or

28  amended, may be finally adopted. A copy of the schedule or

29  schedules of such rates, fees, rentals, or charges as finally

30  adopted shall be kept on file in an office designated by the

31  board and shall be open at all reasonable times to public

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  inspection. The rates, fees, rentals, or charges so fixed for

 2  any class of users or property served shall be extended to

 3  cover any additional users or properties thereafter served

 4  which shall fall in the same class, without the necessity of

 5  any notice or hearing.

 6         (c)  Such rates, fees, rentals, and charges shall be

 7  just, equitable, and uniform for users of the same class and,

 8  when appropriate, may be based or computed either upon the

 9  amount of service furnished, upon the number of average number

10  of persons residing or working in or otherwise occupying the

11  premises served, upon any other factor affecting the use of

12  the facilities furnished, or upon any combination of the

13  foregoing factors, as may be determined by the board on an

14  equitable basis.

15         (d)  The rates, fees, rentals, or other charges

16  prescribed shall be such as will produce revenues, together

17  with any other assessments, taxes, revenues, or funds

18  available or pledged for such purpose, at least sufficient to

19  provide for the following items, but not necessarily in the

20  order stated:

21         1.  All expenses of operation and maintenance of such

22  facility or service;

23         2.  Payment, when due, of all bonds and interest

24  thereon for the payment of which such revenues are, or shall

25  have been, pledged or encumbered, including reserves for such

26  purpose; and

27         3.  Any other funds which may be required under the

28  resolution or resolutions authorizing the issuance of bonds

29  pursuant to this act.

30         (e)  The board shall have the power to enter into

31  contracts for the use of the projects of the district and with

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    17-1692-06                                              See HB




 1  respect to the services, systems, and facilities furnished or

 2  to be furnished by the district.

 3         (23)  RECOVERY OF DELINQUENT CHARGES.--In the event

 4  that any rates, fees, rentals, charges, or delinquent

 5  penalties are not paid as and when due and are in default for

 6  60 days or more, the unpaid balance thereof and all interest

 7  accrued thereon, together with reasonable attorney's fees and

 8  costs, may be recovered by the district in a civil action.

 9         (24)  DISCONTINUANCE OF SERVICE.--In the event the

10  fees, rentals, or other charges for water and sewer services,

11  or either of them, are not paid when due, the board shall have

12  the power, under such reasonable rules and regulations as the

13  board may adopt, to discontinue and shut off both water and

14  sewer services until such fees, rentals, or other charges,

15  including interest, penalties, and charges for the shutting

16  off and discontinuance of or restoration of such water and

17  sewer services, or both, are fully paid; for such purposes,

18  the board may enter on any lands, waters, or premises of any

19  person, firm, corporation, or body, public or private, within

20  the district limits. Such delinquent fees, rentals, or other

21  charges, together with interest, penalties, and charges for

22  the shutting off and discontinuance of or restoration of such

23  services and facilities, reasonable attorney's fees, and other

24  expenses, may be recovered by the district, which may also

25  enforce payment of such delinquent fees, rentals, or other

26  charges by any other lawful method of enforcement.

27         (25)  ENFORCEMENT AND PENALTIES.--The board or any

28  aggrieved person may have recourse to such remedies in law and

29  at equity as may be necessary to ensure compliance with the

30  provisions of this act, including injunctive relief to enjoin

31  or restrain any person violating the provisions of this act or

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  any bylaws, resolutions, regulations, rules, codes, or orders

 2  adopted under this act. In case any building or structure is

 3  erected, constructed, reconstructed, altered, repaired,

 4  converted, or maintained, or any building, structure, land, or

 5  water is used, in violation of this act or of any code, order,

 6  resolution, or other regulation made under authority conferred

 7  by this act or under law, the board or any citizen residing in

 8  the district may institute any appropriate action or

 9  proceeding to prevent such unlawful erection, construction,

10  reconstruction, alteration, repair, conversion, maintenance,

11  or use; to restrain, correct, or avoid such violation; to

12  prevent the occupancy of such building, structure, land, or

13  water; and to prevent any illegal act, conduct, business, or

14  use in or about such premises, land, or water.

15         (26)  SUITS AGAINST THE DISTRICT.--Any suit or action

16  brought or maintained against the district for damages arising

17  out of tort, including, without limitation, any claim arising

18  upon account of an act causing an injury or loss of property,

19  personal injury, or death, shall be subject to the limitations

20  provided in section 768.28, Florida Statutes.

21         (27)  EXEMPTION OF DISTRICT PROPERTY FROM

22  EXECUTION.--All district property shall be exempt from levy

23  and sale by virtue of an execution, and no execution or other

24  judicial process shall issue against such property, nor shall

25  any judgment against the district be a charge or lien on its

26  property or revenues; however, nothing contained herein shall

27  apply to or limit the rights of bondholders to pursue any

28  remedy for the enforcement of any lien or pledge given by the

29  district in connection with any of the bonds or obligations of

30  the district.

31  

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1         (28)  TERMINATION, CONTRACTION, OR EXPANSION OF

 2  DISTRICT.--

 3         (a)  The board may ask the Legislature through its

 4  local legislative delegation in and for Okeechobee County to

 5  amend this act to contract or expand the boundaries of the

 6  district by amendment of subsection (2).

 7         (b)  The district shall remain in existence until:

 8         1.  The district is terminated and dissolved pursuant

 9  to amendment to this act by the Legislature; or

10         2.  The district has become inactive pursuant to

11  section 189.4044, Florida Statutes.

12         (29)  INCLUSION OF TERRITORY.--The inclusion of any or

13  all territory of the district within a municipality does not

14  change, alter, or affect the boundary, territory, existence,

15  or jurisdiction of the district.

16         (30)  SALE OF REAL ESTATE WITHIN A DISTRICT; REQUIRED

17  DISCLOSURE TO PURCHASER.--Subsequent to the creation of this

18  district under this act, each contract for the initial sale of

19  a parcel of real property and each contract for the initial

20  sale of a residential unit within the district shall include,

21  immediately prior to the space reserved in the contract for

22  the signature of the purchaser, the following disclosure

23  statement in boldfaced and conspicuous type which is larger

24  than the type in the remaining text of the contract: "THE

25  GROVE COMMUNITY DISTRICT MAY IMPOSE AND LEVY TAXES OR

26  ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY.

27  THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION,

28  AND MAINTENANCE COSTS OF CERTAIN PUBLIC SYSTEMS, FACILITIES,

29  AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE

30  GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS

31  ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED

 2  FOR BY LAW."

 3         (31)  NOTICE OF CREATION AND ESTABLISHMENT.--Within 30

 4  days after the election of the first board members, the

 5  district shall cause to be recorded in the property records in

 6  the county in which it is located a "Notice of Creation and

 7  Establishment of the Grove Community District." The notice

 8  shall, at a minimum, include the legal description of the

 9  property of the landowners who have consented to establishment

10  of this district and a copy of the disclosure statement

11  specified in subsection (30).

12         (32)  PUBLIC ACCESS.--Any system, facility, service,

13  works, improvement, project, or other infrastructure owned by

14  the district or funded by federal tax-exempt bonding issued by

15  the district is public; the district by rule may regulate, and

16  may impose reasonable charges or fees for, the use thereof but

17  not to the extent that such regulation or imposition of such

18  charges or fees constitutes denial of reasonable access.

19         Section 5.  Severability.--If any provision of this act

20  is determined unconstitutional or otherwise determined invalid

21  by a court of law, all the rest and remainder of the act shall

22  remain in full force and effect as the law of Florida.

23         Section 6.  This act shall take effect upon becoming a

24  law, except that the provisions of paragraph (a) of subsection

25  (14) of section 4 which authorize the levy of ad valorem

26  assessments shall only take effect upon express approval by a

27  majority vote of those qualified electors of the district, as

28  required by Section 9 of Article VII of the State

29  Constitution, voting in a referendum to be called by the

30  Supervisor of Elections of Okeechobee County and held by the

31  Board of Supervisors of the Grove Community District. Such

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    Florida Senate - 2006        (NP)                      SB 2766
    17-1692-06                                              See HB




 1  election shall be held in accordance with the provisions of

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 3  is held.

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