HB 479

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

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