HB 0479

CS

CHAMBER ACTION

1	The Local Government Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to Pasco County; creating the Lake Padgett
7	Estates Independent Special District; providing a popular
8	name; providing definitions; stating legislative policy
9	regarding creation of the district; providing for creation
10	and establishment of the district and legal boundaries of
11	the district; providing for the jurisdiction and charter
12	of the district; providing for an initial governing board,
13	a board of supervisors, and board membership, meetings,
14	organization, powers, duties, terms of office, per diem,
15	salary, and election requirements; providing for
16	administrative duties of the board, district employees,
17	selection of a public depository, district budgets,
18	financial reports, and reviews; providing for the general
19	powers of the district; providing for the special powers
20	of the district to maintain, operate, and improve
21	community recreational amenities and associated
22	infrastructure and services within the district; providing
23	for borrowing and revenue sources including a referendum
24	to allow for the levying of an ad valorem tax within the
25	district; providing for competitive procurement; providing
26	for required notices to purchasers of real property within
27	the district; providing severability; providing an
28	effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  This act may be cited as the "Lake Padgett
33	Estates Independent Special District Act."
34	Section 2.  Definitions; policy.--
35	(1)  DEFINITIONS.--As used in this act:
36	(a)  "Assessable improvements" means, without limitation,
37	any and all improvements and community facilities that the
38	district is empowered to provide in accordance with this act
39	that provide a special benefit to property within the district.
40	(b)  "Assessments" means those nonmillage district
41	assessments that include special assessments and maintenance
42	special assessments.
43	(c)  "Board of supervisors" or "board" means the governing
44	board of the district after all members of the board of
45	supervisors have been elected pursuant to the provisions of
46	section 4 or, if such board has been abolished, the board, body,
47	or commission assuming the principal functions thereof or to
48	whom the powers given to the board by this act have been given
49	by law.
50	(d)  "Cost" or "costs," when used with reference to any
51	project, includes, but is not limited to:
52	1.  The expenses of determining the feasibility or
53	practicability of acquisition, construction, or reconstruction.
54	2.  The cost of surveys, estimates, plans, and
55	specifications.
56	3.  The cost of maintenance, operations, and improvements.
57	4.  Engineering, fiscal, and legal expenses and charges.
58	5.  The cost of all labor, materials, machinery, and
59	equipment.
60	6.  The cost of all lands, properties, rights, easements,
61	and franchises acquired.
62	7.  Financing charges.
63	8.  The creation of initial reserve and debt service funds.
64	9.  Working capital.
65	10.  Interest charges incurred or estimated to be incurred
66	on money borrowed prior to and during construction and
67	acquisition and for such reasonable period of time after
68	completion of construction or acquisition as the board may
69	determine.
70	11.  The cost of any tax referendum held pursuant to this
71	act.
72	12.  Administrative expenses.
73	13.  Such other expenses as may be necessary or incidental
74	to the acquisition, construction, or reconstruction of any
75	project, to the financing thereof, or to the development of any
76	lands within the district.
77	14.  Payments, contributions, dedications, and any other
78	exactions required as a condition of receiving any governmental
79	approval or permit necessary to accomplish any district purpose.
80	(e)  "District" means the Lake Padgett Estates Independent
81	Special District.
82	(f)  "District recreational amenities and associated
83	infrastructure" means all existing and future parks, open-space
84	areas, lakes, signage, structures, and future improvements of
85	all kinds to said amenities located within the district.
86	(g)  "Initial governing board" means the Pasco County Board
87	of Commissioners, which shall govern the district until the
88	election of the board of supervisors pursuant to section 4.
89	(h)  "Lake Padgett Estates Independent Special District"
90	means the unit of special and single-purpose local government
91	created and chartered by this act, including the creation of its
92	charter, and limited to the performance, in implementing its
93	single purpose, of those general and special powers authorized
94	by its charter under this act, the boundaries of which are set
95	forth by the act, the governing head of which is created and
96	authorized to operate with legal existence by this act, and the
97	purpose of which is as set forth in this act.
98	(i)  "Landowner" means the owner of a freehold estate as it
99	appears on the deed record, including a trustee, a private
100	corporation, and an owner of a condominium unit. "Landowner"
101	does not include a reversioner, remainderman, mortgagee, or any
102	governmental entity, who shall not be counted and need not be
103	notified of proceedings under this act. "Landowner" also means
104	the owner of a ground lease from a governmental entity, which
105	leasehold interest has a remaining term, excluding all renewal
106	options, in excess of 50 years.
107	(j)  "Maintenance special assessments" means assessments
108	imposed, levied, and collected pursuant to the provisions of
109	section 6.
110	(k)  "Non-ad valorem assessment" means only those
111	assessments which are not based upon millage and which can
112	become a lien against a homestead as permitted in s. 4, Art. X
113	of the State Constitution.
114	(l)  "Powers" means powers used and exercised by the board
115	of supervisors to accomplish the single, limited, and special
116	purpose of the district, including:
117	1.  "General powers," which means those organizational and
118	administrative powers of the district as provided in this
119	charter in order to carry out its single special purpose as a
120	local government public corporate body politic.
121	2.  "Special powers," which means those powers enumerated
122	by the district charter to maintain, operate, and improve
123	recreational amenities and associated infrastructure and related
124	functions in order to carry out its single specialized purpose.
125	3.  Any other powers, authority, or functions set forth in
126	this act.
127	(m)  "Project" means any improvement, property, facility,
128	enterprise, service, works, or infrastructure now existing or
129	hereafter undertaken or established under the provisions of this
130	act.
131	(n)  "Qualified elector" means any registered voter
132	residing within the district boundaries.
133	(o)  "Signage" means any entranceway signage or features
134	and all signage within the district associated with the
135	recreational amenities of the district.
136	(p)  "Special assessments" means assessments as imposed,
137	levied, and collected by the district for the costs of
138	assessable improvements pursuant to the provisions of this act,
139	chapter 170, Florida Statutes, and the additional authority
140	under section 197.3631, Florida Statutes, or other provisions of
141	general law, now or hereinafter enacted, which provide or
142	authorize a supplemental means to impose, levy, or collect
143	special assessments.
144	(q)  "Taxes" or "tax" means those levies and impositions,
145	authorized by a vote of the qualified electors of the district,
146	of the board of supervisors that support and pay for government
147	and the administration of law and that may be ad valorem or
148	property taxes based upon both the appraised value of property
149	and millage at a rate uniform within the jurisdiction.
150	(2)  POLICY.--Based upon its findings, ascertainments,
151	determinations, intent, purpose, and definitions, the
152	Legislature states its policy expressly:
153	(a)  The district and the district charter, as created in
154	this act, with its general and special powers, are essential and
155	the best alternative for maintaining, operating, and improving
156	the recreational amenities and associated infrastructure in the
157	district.
158	(b)  The district, which is a local government and a
159	political subdivision, is limited to its special purpose as
160	expressed in this act, with the power to maintain, operate,
161	improve, and finance as a local government management entity its
162	recreational amenities and associated infrastructure and
163	services, and possess financing powers to fund its management
164	power over the long term and with sustained levels of high
165	quality.
166	(c)  The creation of the Lake Padgett Estates Independent
167	Special District by and pursuant to this act, and its exercise
168	of its management and related financing powers to implement its
169	limited, single, and special purpose, is not a development order
170	and does not trigger or invoke any provision within the meaning
171	of chapter 380, Florida Statutes, and all applicable
172	governmental planning, environmental, and land development laws,
173	regulations, rules, policies, and ordinances apply to all
174	development of the land within the jurisdiction of the district
175	as created by this act.
176	Section 3.  Legal description of the Lake Padgett Estates
177	Independent Special District.--The metes and bounds legal
178	description of the district is as follows:
179
180	A portion of Sections 19, 20 & 30, Township 26 South,
181	Range 19 East, Pasco County, Florida being described
182	as follows:
183
184	Begin at the Northwest corner of said Section 19, run
185	thence South 00°43'18" West, along the West line of
186	said Section 19, a distance of 5,119.41 feet; Thence
187	South 88°50'58" East, a distance of 1,102.22 feet;
188	Thence South 00°51'34" West, a distance of 100.01
189	feet; thence South 88°51'24" East, along the South
190	line of said Section 19, a distance of 181.42 feet;
191	Thence South 18°44'16" East, a distance of 526.27
192	feet; to the West line of the Northeast 1/4 of the
193	Northwest 1/4 of Section 30, Township 26 South, Range
194	19 East; thence South 01°14'05" West, along the West
195	line of the Northeast 1/4 of the Northwest 1/4 of said
196	Section 30, a distance of 823.69 feet to the South
197	line of the Northeast 1/4 of the Northwest 1/4 of said
198	Section 30, run thence South 88°59'33" East, a
199	distance of 1343.37 feet; to the West line of Park
200	Tract of Lake Padgett Estates South Unit Two as
201	recorded in Plat Book 13, Pages 137-139 of the Public
202	Records of Pasco County, Florida, also being the West
203	Boundary of the Northwest 1/4 of the Northeast 1/4 of
204	said Section 30; Thence North 00°49'49" East along
205	said West line, a distance of 1,315.26 feet to the
206	South line of said Section 19, also being the South
207	boundary line of Valencia Gardens Phase Three as
208	recorded; Thence North 88°47'25" West along said South
209	line of Section 19, a distance of 11.84 feet to the
210	West boundary of said Valencia Gardens Phase Three,
211	Thence run North 00°16'12" East along said West
212	boundary of Valencia Gardens Phase Three, a distance
213	of 1,317.39 feet to the North boundary of said
214	Valencia Gardens Phase Three; Thence South 88°44'56"
215	88°44'56" East along said North boundary of
216	Valencia Gardens Phase Three, a distance of 2,662.48
217	feet; Thence South 89°27'44" East, a distance of
218	651.97 feet to the West line of the right-of-way of
219	Collier Parkway as recorded in the Official Records
220	Book 1824, Page 1234; Thence run North 05°16'09" East
221	along said West Line of the right-of-way of Collier
222	Parkway, a distance of 297.38 feet; Thence North
223	86°18'32" West, a distance of 66.02 feet; Thence North
224	89°42'44" West to the Westerly Boundary of Collier
225	Place as recorded in Plat Book 35, Pages 37-39 of the
226	Public Records of Pasco County, Florida, a distance of
227	817.90 feet; Thence North 27°08'25" West, a distance
228	of 88.63 feet; Thence North 00°25'14" East, a distance
229	of 391.01 feet; Thence North 37°00'57" East, a
230	distance of 520.22 feet; Thence North 35°41'05" East,
231	a distance of 138.96 feet; Thence North 00°57'10"
232	East, a distance of 379.43; Thence North 50°28'38"
233	East, a distance of 205.65 feet; Thence North
234	00°40'29" East, a distance of 106.14 feet; Thence
235	North 45°39'30" West, a distance of 348.39 feet;
236	Thence North 89°41'20" West, a distance of 598.63
237	feet; Thence South 00°55'00" West, a distance of
238	100.01 feet; Thence North 89°20'18" West, a distance
239	of 1,255.51 feet; Thence N00°54'33 East, a distance of
240	1270.03 feet; Thence South 89°17'01" East, a distance
241	of 99.98 feet; Thence North 00°55'14" East, a distance
242	of 150.02 feet to the North line of Section 19,
243	Township 26 South, Range 19 East; Thence along said
244	North line of said Section 19 North 88°42'23" West, a
245	distance of 155.04 feet; Thence South 00°13'06" West,
246	a distance of 49.87 feet; Thence North 89°34'34" West,
247	a distance of 50.00 feet; Thence North 00°17'06" East,
248	a distance of 50.25 feet to North line of said Section
249	19; Thence along the North line of said Section 19
250	North 89°11'04" West, a distance of 3,455.90 feet;
251	Thence North 89°27'48" West; a distance of 13.88 feet
252	to the POINT OF BEGINNING.
253
254	AND
255
256	A portion of Sections 24 & 25, Township 26 South,
257	Range 18 East, Pasco County, Florida being described
258	as follows:
259
260	Begin at the Northwest corner of Section 19 Township
261	26 South, Range 19 East, run thence South 00°43'18"
262	00°43'18" West, along the West line of said
263	Section 19, a distance of 5,097.53 feet; to the South
264	line of Section 24, Township 26 South, Range 18 East
265	also being the North line of Section 25, Township 26
266	South, Range 18 East, Thence run along South line of
267	said Section 24, North 89°29'16" West, a distance of
268	1,672.72 feet; Thence South 00°24'04" West; a distance
269	of 659.90 feet; Thence South 89°24'42" East, a
270	distance of 328.18 feet; Thence South 00°20'51" West,
271	a distance of 329.89 feet; Thence North 89°23'22 West,
272	a distance of 656.92 feet; Thence North 00°26'49"
273	East, a distance of 989.53 feet to the South line of
274	said Section 24, also being the said North line of
275	said Section 25; Thence run along North 89°29'16"
276	West, a distance of 655.25 feet; Thence North
277	01°20'40" East; a distance of 1,998.05 feet to the
278	South line of the Northwest 1/4 of the North 1/4 of
279	the Southeast 1/4 of Section 24, Township 26 South,
280	Range 18 East; thence along the said South line South
281	89°09'28" East, a distance of 688.44 feet to the East
282	line of the said Northwest 1/4; Thence along said East
283	line North 01°19'43" East, a distance of 664.55 feet
284	to the South line of the Northeast 1/4 of Section 24,
285	Township 26 South, Range 18 East to the West line of
286	the East ? of the Northeast 1/4 of Section 24,
287	Township 26 South, Range 18 East; Thence S 88°56'38"
288	88°56'38" East, a distance of 651.04 feet; thence
289	along said West line North 00°39'22" East, a distance
290	of 1,326.47 feet; Thence South 88°45'13" East, a
291	distance of 626.59 feet; Thence North 00°40'31 East, a
292	distance of 695.05 feet; Thence South 88°34'46" East,
293	a distance of 25.01 feet; Thence North 00°40'23" East,
294	a distance of 600.91 feet the North line of Section
295	24, Township 26 South, Range 18 East; Thence along
296	said North line South 88°45'18 East, a distance of
297	655.33 feet; Thence South 01°48'11" West, a distance
298	of 160.83 feet; Thence North 89°27'48" West, a
299	distance of 13.88 feet to the POINT OF BEGINNING.
300
301	Containing 33,768,142 square feet or 775.21 acres more
302	or less.
303
304	Section 4.  Initial governing board; board of supervisors;
305	members and meetings; organization; powers; duties; terms of
306	office; related election requirements.--
307	(1)(a)  Upon the effective date of this act, the Pasco
308	County Board of Commissioners shall become the initial governing
309	board of the district and remain so until the succeeding board
310	of supervisors is elected at the general election of November
311	2006 as provided for in this section.
312	(b)  The governing board may exercise the following powers:
313	1.  Levy annual assessments not to exceed $250 per parcel
314	lying within the district.
315	2.  Accept the transfer of property owned by Pasco County
316	and lying within the boundaries of the district as same is
317	transferred to the district from Pasco County.
318	3.  Maintain and operate the recreational amenities and
319	associated infrastructure of the district.
320	4.  Approve and adopt a budget for the fiscal year 2006-
321	2007.
322	5.  Accept the transfer of all Lake Padgett Estates
323	Municipal Service Unit funds and assets purchased with said fund
324	moneys held by Pasco County as same is transferred to the
325	district from Pasco County.
326	(2)(a)  The board of supervisors shall exercise the powers
327	granted to the district pursuant to this act. The board shall
328	consist of five members, each of whom shall hold office for a
329	term of 2 years or until a new board is elected by the qualified
330	electors of the district at the general election in November
331	every 2 years. Members of the board must be citizens of the
332	United States and qualified electors residing within the
333	district.
334	(b)  Elections of board members by qualified electors held
335	pursuant to this subsection shall be conducted by the supervisor
336	of elections and comply with the Florida Election Code, chapters
337	97-106 and chapter 189, Florida Statutes, and the Rules of the
338	Division of Elections. Board members shall assume office on the
339	second Tuesday following their election.
340	(3)  Members of the board of supervisors shall be known as
341	supervisors and, upon entering into office, shall take and
342	subscribe to the oath of office as prescribed by section 876.05,
343	Florida Statutes. Members of the board shall be subject to
344	ethics and conflict of interest laws of the state that apply to
345	all local public officers. They shall hold office for terms of 2
346	years each and until their successors are chosen and qualified.
347	If, during the term of office, a vacancy occurs, the remaining
348	members of the board shall fill each vacancy by an appointment
349	for the remainder of the unexpired term.
350	(4)  Any member of the board of supervisors may be removed
351	by the Governor for malfeasance, misfeasance, dishonesty,
352	incompetency, or failure to perform the duties imposed upon him
353	or her by this act, and any vacancies that may occur in such
354	office for such reasons shall be filled by the Governor as soon
355	as practicable.
356	(5)  A majority of the members of the board constitutes a
357	quorum for the purposes of conducting its business and
358	exercising its powers and for all other purposes. Action taken
359	by the district shall be upon a vote of a majority of the
360	members present, but not less than three votes, unless general
361	law or a rule of the district requires a greater number.
362	(6)  As soon as practicable after each election, but by the
363	first Monday in December, the board shall organize by electing
364	one of its members as chair and one of its members as vice
365	chair, and by electing a secretary, who need not be a member of
366	the board, and such other officers as the board may deem
367	necessary. Business of the board shall be conducted pursuant to
368	Robert's Rules of Order and the chair's powers shall be as
369	described in said rules.
370	(7)  The board shall keep a permanent record book entitled
371	"Record of Proceedings of Lake Padgett Estates Independent
372	Special District," in which shall be recorded minutes of all
373	meetings, resolutions, proceedings, bonds given by all
374	employees, and any and all corporate acts. The record book and
375	all other district records shall at reasonable times be opened
376	to inspection in the same manner as state, county, and municipal
377	records pursuant to chapter 119, Florida Statutes. The record
378	book shall be kept at the office or other regular place of
379	business maintained by the board in a designated location within
380	the district.
381	(8)  Each member of the board shall be entitled to receive
382	for his or her services an amount not to exceed $50 per meeting
383	of the board of supervisors, not to exceed $1,200 per year per
384	member, or an amount established by the district's qualified
385	electors at referendum. In addition, each member shall receive
386	travel and per diem expenses as set forth in section 112.061,
387	Florida Statutes.
388	(9)  All meetings of the board shall be open to the public
389	and governed by the provisions of chapter 286, Florida Statutes.
390	(10)  The board shall, by December 31, 2006, enter into
391	intergovernmental agreements, as authorized by chapter 163,
392	Florida Statutes, with the Pasco County Property Appraiser and
393	the Pasco County Tax Collector for the assessment, collection,
394	and distribution of ad valorem taxes, special assessments, and
395	maintenance special assessments as may be imposed by the board
396	pursuant to this act.
397	Section 5.  Board of supervisors; administrative duties;
398	general and special powers.--
399	(1)  DISTRICT MANAGER, EMPLOYEES, AND TREASURER.--The board
400	may employ and fix the compensation of a district manager,
401	employees, and a treasurer pursuant to the requirements of
402	section 190.007, Florida Statutes.
403	(2)  PUBLIC DEPOSITORY.--The board is authorized to select
404	as a depository for its funds any qualified public depository as
405	defined in section 280.02, Florida Statutes, which meets all the
406	requirements of chapter 280, Florida Statutes.
407	(3)  BUDGET; REPORTS AND REVIEWS.--
408	(a)  The district shall provide financial reports in such
409	form and such manner as prescribed pursuant to this act,
410	chapters 189 and 218, Florida Statutes, and section 190.008,
411	Florida Statutes.
412	(b)  On or before July 15 of each year, the district
413	manager shall prepare a proposed budget for the ensuing fiscal
414	year to be submitted to the board for board approval. The
415	proposed budget shall include, at the direction of the board, an
416	estimate of all necessary expenditures of the district for the
417	ensuing fiscal year and an estimate of income to the district
418	from the taxes and assessments provided in this act. The board
419	shall consider the proposed budget item by item and may either
420	approve the budget as proposed by the district manager or modify
421	the same in part or in whole. The board shall indicate its
422	approval of the budget by resolution, which resolution shall
423	provide for a hearing on the budget as approved. Notice of the
424	hearing on the budget shall be published in a newspaper of
425	general circulation in the area of the district once a week for
426	2 consecutive weeks, except that the first publication shall be
427	not fewer than 15 days prior to the date of the hearing. The
428	notice shall further contain a designation of the day, time, and
429	place of the public hearing. At the time and place designated in
430	the notice, the board shall hear all objections to the budget as
431	proposed and may make such changes as the board deems necessary.
432	At the conclusion of the budget hearing, the board shall, by
433	resolution, adopt the budget as finally approved by the board.
434	The budget shall be adopted prior to October 1 of each year.
435	(c)  At least 60 days prior to adoption, the board shall
436	submit to the Pasco County Board of County Commissioners, for
437	purposes of disclosure and information only, the proposed annual
438	budget for the ensuing fiscal year, and the board of county
439	commissioners may submit written comments to the board of
440	supervisors solely for the assistance and information of the
441	board in adopting its annual district budget.
442	(4)  DISCLOSURE OF PUBLIC FINANCING.--The district shall
443	take affirmative steps to provide for the full disclosure of
444	information relating to the public financing of the maintenance,
445	operation, and improvement of the recreational amenities and
446	associated infrastructure undertaken by the district. Such
447	information shall be made available to all existing residents
448	and all prospective residents of the district. The district
449	shall furnish each landowner within the district a copy of that
450	information.
451	(5)  GENERAL POWERS.--The district shall have, and the
452	board may exercise, the general powers as provided for in
453	section 190.011, Florida Statutes, where not inconsistent with
454	the following:
455	(a)  To contract for the services of consultants to perform
456	planning, engineering, legal, or other appropriate services of a
457	professional nature. Such contracts shall be subject to public
458	bidding or competitive negotiation requirements as set forth in
459	general law applicable to independent special districts.
460	(b)  To maintain an office at such place or places as the
461	board of supervisors designates in Pasco County, and within the
462	district when facilities are available.
463	(c)  To borrow money and issue certificates, warrants,
464	notes, or other evidence of indebtedness as hereinafter
465	provided; to levy such taxes and assessments as may be
466	authorized; and to charge, collect, and enforce fees and other
467	user charges.
468	(d)  To determine, order, levy, impose, collect, and
469	enforce assessments pursuant to this act and chapter 170,
470	Florida Statutes, pursuant to authority granted in section
471	197.3631, Florida Statutes, or pursuant to other provisions of
472	general law which provide or authorize a supplemental means to
473	order, levy, impose, or collect special assessments. Such
474	special assessments, in the discretion of the district, may be
475	collected and enforced pursuant to the provisions of sections
476	197.3632 and 197.3635, Florida Statutes, and chapters 170 and
477	173, Florida Statutes, or as provided by this act, or by other
478	means authorized by general law now or hereinafter enacted.
479	(e)  To exercise such special powers and other express
480	powers as may be authorized and granted by this act in the
481	charter of the district, including powers as provided in any
482	interlocal agreement entered into pursuant to chapter 163,
483	Florida Statutes.
484	(f)  The district shall not have the power of eminent
485	domain.
486	(6)  SPECIAL POWERS.--The district shall have, and the
487	board may exercise, the following special powers to implement
488	its lawful and special purpose and to provide, pursuant to that
489	purpose, recreational amenities and to operate, maintain, and
490	improve said amenities and associated infrastructure, each of
491	which constitutes a lawful public purpose when exercised
492	pursuant to this charter, subject to, and not inconsistent with,
493	the regulatory jurisdiction and permitting authority of all
494	other applicable governmental bodies, agencies, and any special
495	districts having authority with respect to any area included
496	therein, and to plan, establish, acquire, construct or
497	reconstruct, enlarge or extend, equip, operate, finance, fund,
498	and maintain improvements, systems, facilities, services, works,
499	projects, and infrastructure. Any or all of the following
500	special powers are granted by this act in order to implement the
501	special purpose of the district:
502	(a)  To provide district parks and open space and the
503	continued maintenance, operation, and improvement thereof. This
504	special power includes, but is not limited to, passive and
505	active recreational areas, lakes, and canals, containing picnic
506	shelters, boat ramps and docks, volleyball, basketball, tennis,
507	horseshoe, and shuffleboard courts, playgrounds and open space,
508	wildlife habitat, including the maintenance of any plant or
509	animal species, mitigation areas, landscaping and irrigation,
510	bicycle lanes, jogging paths, riding trails, regulatory or
511	informational signage, and all other customary elements of such
512	park and open-space areas and any related interest in real or
513	personal property.
514	(b)  To provide buildings, structures, and like
515	improvements and the continued maintenance, operation, and
516	improvement thereof. This special power includes, but is not
517	limited to, bathroom facilities, maintenance buildings, lighting
518	and security facilities such as walls and guardhouses, parking
519	areas, wildlife observation towers, stables, and stormwater
520	facilities necessary and incidental to the recreational
521	amenities, and associated infrastructure or any other project
522	authorized or granted by this act.
523	(c)  To establish and create, at noticed meetings, such
524	governmental departments of the board of supervisors of the
525	district, as well as committees, task forces, boards, or
526	commissions, or other agencies under the supervision and control
527	of the district, as from time to time the members of the board
528	may deem necessary or desirable in the performance of the acts
529	or other things necessary to exercise the board's general or
530	special powers to implement an innovative project to carry out
531	the special purpose of the district as provided in this act and
532	to delegate the exercise of its powers to such departments,
533	boards, task forces, committees, or other agencies and such
534	administrative duties and other powers as the board may deem
535	necessary or desirable, but only if there is a set of expressed
536	limitations for accountability, notice, and periodic written
537	reporting to the board that shall retain the powers of the
538	board.
539
540	The enumeration of special powers herein shall not be deemed
541	exclusive or restrictive but shall be deemed to incorporate all
542	powers express or implied necessary or incident to carrying out
543	such enumerated special powers, including also the general
544	powers provided by this charter to the district to implement its
545	single purpose. Further, the provisions of this subsection shall
546	be construed liberally in order to carry out effectively the
547	special purpose of this district under this act.
548	Section 6.  Borrowing; revenue.--
549	(1)  BORROWING.--The district at any time may obtain loans,
550	in such amount and on such terms and conditions as the board may
551	approve, for the purpose of paying any of the expenses of the
552	district or any costs incurred or that may be incurred in
553	connection with any of the projects of the district, which loans
554	shall bear interest as the board determines, not to exceed the
555	maximum rate allowed by general law, and may be payable from and
556	secured by a pledge of such funds, revenues, taxes, and
557	assessments as the board may determine. For the purpose of
558	defraying such costs and expenses, the district may issue
559	negotiable notes, warrants, or other evidences of debt to be
560	payable at such times and to bear such interest as the board may
561	determine, not to exceed the maximum rate allowed by general
562	law, and to be sold or discounted at such price or prices not
563	less than 95 percent of par value and on such terms as the board
564	may deem advisable. The board shall have the right to provide
565	for the payment thereof by pledging the whole or any part of the
566	funds, revenues, taxes, and assessments of the district. The
567	approval of the electors residing in the district shall not be
568	necessary except when required by the State Constitution.
569	(2)  AD VALOREM TAXES; ASSESSMENTS, MAINTENANCE SPECIAL
570	ASSESSMENTS, AND SPECIAL ASSESSMENTS.--
571	(a)  Ad valorem taxes.--The board of supervisors shall have
572	the power to levy and assess an ad valorem tax on all the
573	taxable property in the district to maintain, operate, and
574	perform improvements of recreational amenities and associated
575	infrastructure. An ad valorem tax levied by the board for
576	operating purposes shall not exceed 3 mills. The ad valorem tax
577	provided for herein shall be in addition to county and all other
578	ad valorem taxes provided for by law. Such tax shall be
579	assessed, levied, and collected in the same manner and at the
580	same time as county taxes and as provided for by the
581	intergovernmental agreements required in section 4 of this act.
582	The levy of ad valorem taxes must be approved by referendum as
583	required by Section 9 of Article VII of the State Constitution.
584	(b)  Enforcement of taxes.--The collection and enforcement
585	of all taxes levied by the district shall be at the same time
586	and in like manner as county taxes; and the provisions of the
587	laws of the state relating to the sale of lands for unpaid and
588	delinquent county taxes, the issuance, sale, and delivery of tax
589	certificates for such unpaid and delinquent county taxes, the
590	redemption thereof, the issuance to individuals of tax deeds
591	based thereon, and all other procedures in connection therewith
592	shall be applicable to the district to the same extent as if
593	such statutory provisions were expressly set forth herein. All
594	taxes shall be subject to the same discounts as county taxes.
595	All taxes provided for in this act shall become delinquent and
596	bear penalties on the amount of such taxes in the same manner as
597	county taxes.
598	(c)1.  Maintenance special assessments.--To maintain and
599	preserve the recreational amenities and associated
600	infrastructure of the district, the board may levy a maintenance
601	special assessment.
602	2.  Special assessments.--To operate and improve the
603	recreational amenities and associated infrastructure of the
604	district, the board may levy a special assessment.
605
606	Assessment may be evidenced to and certified to the property
607	appraiser by the board of supervisors by a date each year as
608	determined by interlocal agreement and shall be entered by the
609	property appraiser on the county tax rolls and shall be
610	collected and enforced by the tax collector in the same manner
611	and at the same time as county taxes, and the proceeds therefrom
612	shall be paid to the district. However, this subsection shall
613	not prohibit the district in its discretion from using a method
614	prescribed in section 197.363, section 197.3631, section
615	197.3632, or section 197.3635, Florida Statutes, or chapter 173,
616	Florida Statutes, for collecting and enforcing these
617	assessments. These maintenance special assessments shall be a
618	lien on the property against which assessed until paid and shall
619	be enforceable in like manner as county taxes. The amount of the
620	maintenance special assessment for the exercise of the
621	district's powers under this section shall be determined by the
622	board based upon a report of the district's engineer and
623	assessed by the board upon such lands, which shall be all of the
624	lands within the district benefited by the maintenance thereof,
625	apportioned between the benefited lands in proportion to the
626	benefits received by each tract of land.
627	(d)  Land owned by governmental entity.--Except as
628	otherwise required by law, the district shall not levy ad
629	valorem taxes or non-ad valorem assessments under this act or
630	chapter 170 or chapter 197, Florida Statutes, on property of a
631	governmental entity located within the district.
632	(3)  TAX LIENS; PAYMENT OF TAXES AND REDEMPTION OF TAX
633	LIENS BY THE DISTRICT; SHARING IN PROCEEDS OF TAX SALE;
634	FORECLOSURE OF LIENS.--The foregoing shall be as prescribed in
635	sections 190.024, 190.025, and 190.026, Florida Statutes, and
636	subject to all other requirements of law.
637	(4)  FEES, RENTALS, AND CHARGES; PROCEDURE FOR ADOPTION AND
638	MODIFICATIONS.--The district is authorized to prescribe, fix,
639	establish, and collect reasonable user fees, rentals, or other
640	charges, and to revise the same from time to time, for the use
641	of the recreational amenities and associated infrastructure
642	furnished by the district pursuant to the adoption procedure
643	prescribed by section 190.035, Florida Statutes. Such user fees,
644	rentals, and charges shall be just and equitable and uniform for
645	users of the same class and, when appropriate, may be based or
646	computed either upon the amount of service furnished, upon the
647	average number of persons residing or working in or otherwise
648	occupying the premises served, or upon any other factor
649	affecting the use of the facilities furnished, or upon any
650	combination of the foregoing factors, as may be determined by
651	the board on an equitable basis.
652	(5)  RECOVERY OF DELINQUENT CHARGES.--In the event that any
653	rates, fees, rentals, charges, or delinquent penalties shall not
654	be paid as and when due and shall be in default for 60 days or
655	more, the unpaid balance thereof and all interest accrued
656	thereon, together with reasonable attorney's fees and costs, may
657	be recovered by the district in a civil action.
658	(6)  ENFORCEMENT AND PENALTIES.--The board or any aggrieved
659	person may have recourse to such remedies in law and at equity
660	as prescribed in section 190.041, Florida Statutes.
661	Section 7.  Procurement; suits; exemption of district
662	property; modifications to district boundaries; notice to
663	purchasers.--
664	(1)  PROCUREMENT.--Competitive procurement, bids, and
665	negotiations shall be as prescribed in section 190.033, Florida
666	Statutes, and subject to all other requirements of law.
667	(2)  SUITS.--Suits against the district as described in
668	section 190.043, Florida Statutes, shall be subject to the
669	limitations provided in section 768.28, Florida Statutes.
670	(3)  EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION.--All
671	district property shall be exempt from levy and sale by virtue
672	of an execution, and no execution or other judicial process
673	shall issue against such property, nor shall any judgment
674	against the district be a charge or lien on its property or
675	revenues.
676	(4)  TERMINATION, CONTRACTION, OR EXPANSION OF THE
677	DISTRICT.--
678	(a)  The board may ask the Legislature through its local
679	legislative delegations in and for Pasco County to amend this
680	act to contract, to expand or to contract, and to expand the
681	boundaries of the district by amendment of this act.
682	(b)  The district shall remain in existence until:
683	1.  The district is terminated and dissolved pursuant to
684	amendment to this act by the Legislature.
685	2.  The district has become inactive pursuant to section
686	189.4044, Florida Statutes.
687	(5)  INCLUSION OF TERRITORY.--The inclusion of any or all
688	territory of the district within a municipality does not change,
689	alter, or affect the boundary, territory, existence, or
690	jurisdiction of the district.
691	(6)  SALE OF REAL ESTATE WITHIN THE DISTRICT; REQUIRED
692	DISCLOSURE TO PURCHASER.--Subsequent to the creation of the
693	district under this act, each contract for the sale of a parcel
694	of real property within the district shall include, immediately
695	prior to the space reserved in the contract for the signature of
696	the purchaser, the following disclosure statement in boldfaced
697	and conspicuous type which is larger than the type in the
698	remaining text of the contract: "THE LAKE PADGETT ESTATES
699	INDEPENDENT SPECIAL DISTRICT MAY IMPOSE AND LEVY TAXES OR
700	ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY.
701	THESE TAXES AND ASSESSMENTS PAY FOR THE OPERATION, MAINTENANCE,
702	AND IMPROVEMENT COSTS OF CERTAIN RECREATIONAL AMENITIES AND
703	ASSOCIATED INFRASTRUCTURE AND SERVICES OF THE DISTRICT AND ARE
704	SET ANNUALLY BY THE BOARD OF SUPERVISORS OF THE DISTRICT. THESE
705	TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL
706	GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND
707	ASSESSMENTS PROVIDED FOR BY LAW."
708	(7)  NOTICE OF CREATION AND ESTABLISHMENT.--Within 30 days
709	after the election of the first board of supervisors, the
710	district shall cause to be recorded in the grantor-grantee index
711	of the property records of Pasco County a "Notice of Creation
712	and Establishment of the Lake Padgett Estates Independent
713	Special District." The notice shall, at a minimum, include the
714	legal description of the property covered by this act.
715	Section 8.  If any provision of this act is determined
716	unconstitutional or otherwise determined invalid by a court of
717	law, all the rest and remainder of the act shall remain in full
718	force and effect as the law of this state.
719	Section 9.  This act shall take effect July 1, 2006, except
720	that the provisions of this act which authorize the levy of ad
721	valorem taxation shall take effect only upon express approval by
722	a majority vote of those qualified electors of the Lake Padgett
723	Estates Independent Special District voting in a referendum
724	election held at such time as all members of the board of
725	supervisors are qualified electors who are elected by qualified
726	electors of the district as provided in this act.

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