| 1 | A bill to be entitled |
| 2 | An act relating to the Everglades Area Stewardship |
| 3 | District, Palm Beach County; creating and establishing the |
| 4 | district as an independent special district; providing |
| 5 | boundaries of the district; providing powers of the |
| 6 | district; providing for a board of supervisors; providing |
| 7 | qualifications, terms of office, appointment procedures, |
| 8 | powers, duties, and compensation of board members; |
| 9 | providing for non-ad valorem assessments; providing for |
| 10 | penalties on delinquent assessments; providing for |
| 11 | compensation of the property appraiser, tax collector, and |
| 12 | clerk of the circuit court for assessment services as |
| 13 | provided by general law; providing for enforcement of |
| 14 | assessments; providing for the issuance of bonds; |
| 15 | providing severability; requiring a referendum; providing |
| 16 | an effective date. |
| 17 |
|
| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
|
| 20 | Section 1. District establishment and boundaries.--For the |
| 21 | purposes of providing public infrastructure and services; the |
| 22 | assessment, levy, and collection of non-ad valorem assessments |
| 23 | and fees; the operation of district facilities and services; and |
| 24 | all other purposes stated in this act consistent with chapters |
| 25 | 189 and 298, Florida Statutes, and other applicable general law, |
| 26 | an independent stewardship district is hereby created and |
| 27 | established in Palm Beach County, to be known as the Everglades |
| 28 | Area Stewardship District (the "district"), the territorial |
| 29 | boundaries of which shall be as follows: |
| 30 |
|
| 31 | All land within the incorporated boundaries of the |
| 32 | cities of Pahokee, Belle Glade and South Bay; Kreamer |
| 33 | Island; Torry Island; all privately owned land within |
| 34 | the Sections 33 and 34, Township 41 South, Range 37 |
| 35 | East; all privately owned, unincorporated lands within |
| 36 | Sections 9, 10, 15, 16, 19, 20, 21, 22, 27, 28, 29, |
| 37 | 30, 31, 32, 33 and 34, Township 42 South, Range 37 |
| 38 | East, all privately owned, unincorporated lands within |
| 39 | Township 42 South, Range 36 East; all privately owned, |
| 40 | unincorporated lands within Township 43 South, Range |
| 41 | 36 East; all privately held, unincorporated land |
| 42 | within Sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17, |
| 43 | 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, and |
| 44 | 34, Township 43 South, Range 37 East; Lots 3, 4, and |
| 45 | 5; all privately held, unincorporated land within |
| 46 | Sections 3, 4, 5, 6, 7, 8, 9, and 10, Township 44 |
| 47 | South, Range 37 East; all privately held, |
| 48 | unincorporated lands within Sections 1 through 24, |
| 49 | Township 44 South, Range 36 East; all privately held, |
| 50 | unincorporated lands within Sections 1 through 18, |
| 51 | Township 44 South, Range 35 East; all privately held, |
| 52 | unincorporated lands within Township 43 South, Range |
| 53 | 35 East within Palm Beach County. |
| 54 |
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| 55 | Section 2. Provisions of other laws made applicable.--The |
| 56 | provisions of chapters 189 and 298, Florida Statutes, are |
| 57 | declared to be applicable to the Everglades Area Stewardship |
| 58 | District. The Everglades Area Stewardship District shall have |
| 59 | all of the powers and authorities mentioned in or conferred by |
| 60 | chapters 189 and 298, Florida Statutes. |
| 61 | Section 3. Powers of the district.--The district shall |
| 62 | have the following powers: |
| 63 | (1) To sue and be sued by its name in any court of law or |
| 64 | in equity; to make contracts; and to adopt and use a corporate |
| 65 | seal and alter the same at pleasure. |
| 66 | (2) To acquire by purchase, gift, or condemnation real and |
| 67 | personal property, either or both, within or without the |
| 68 | district; and to convey and dispose of such real and personal |
| 69 | property, either or both, as may be necessary or convenient to |
| 70 | carry out the purposes, or any of the purposes of this act and |
| 71 | chapter 298, Florida Statutes. |
| 72 | (3) To construct, operate, and maintain canals, ditches, |
| 73 | drains, levees, lakes, ponds, and other works for water |
| 74 | management and control purposes. |
| 75 | (4) To acquire, purchase, operate, and maintain pumps, |
| 76 | plants, and pumping systems for water management and control |
| 77 | purposes. |
| 78 | (5) To construct, operate, and maintain irrigation works, |
| 79 | machinery, and plants. |
| 80 | (6) To construct, improve, pave, and maintain roadways and |
| 81 | roads necessary and convenient for the exercise of the powers or |
| 82 | duties or any of the powers or duties of the district or the |
| 83 | supervisors thereof; and to include as a component of roads |
| 84 | parkways, bridges, landscaping, irrigation, bicycle and jogging |
| 85 | paths, street lighting, traffic signals, road striping, and all |
| 86 | other customary elements of a modern road system. |
| 87 | (7) To finance, fund, plan, establish, acquire, construct |
| 88 | or reconstruct, enlarge or extend, equip, operate, and maintain |
| 89 | systems and facilities for providing transportation throughout |
| 90 | the district, including private or contract carriers, buses, |
| 91 | vehicles, railroads, and other transportation facilities, to |
| 92 | meet the transportation requirements of the district in |
| 93 | activities conducted within the district. |
| 94 | (8) To finance, fund, plan, establish, acquire, construct |
| 95 | or reconstruct, enlarge or extend, equip, operate, and maintain |
| 96 | parking facilities within the district boundaries. |
| 97 | (9) To finance, fund, plan, establish, acquire, construct |
| 98 | or reconstruct, enlarge or extend, equip, operate, and maintain |
| 99 | additional systems and facilities for parks and facilities for |
| 100 | indoor and outdoor recreational, cultural, and educational uses. |
| 101 | (10) To acquire, construct, finance, operate, and maintain |
| 102 | water plants and systems to produce, purify, and distribute |
| 103 | water for consumption. |
| 104 | (11) To acquire, construct, finance, operate, and maintain |
| 105 | sewer systems for the collection, disposal, and reuse of waste |
| 106 | and to prevent water pollution in the district. |
| 107 | (12) To levy non-ad valorem assessments; to prescribe, |
| 108 | fix, establish, and collect rates, fees, rentals, fares, or |
| 109 | other charges, and to revise the same from time to time, for the |
| 110 | facilities and services furnished or to be furnished by the |
| 111 | district; and to recover the cost of making connection to any |
| 112 | district facility or system. |
| 113 | (13) To provide for the discontinuance of service and |
| 114 | reasonable penalties, including attorney's fees, against any |
| 115 | user or property for any such rates, fees, rentals, fares, or |
| 116 | other charges that become delinquent and require collection. |
| 117 | However, no charges or fees shall be established until after a |
| 118 | public hearing of the board at the district at which all |
| 119 | affected persons shall be given an opportunity to be heard. |
| 120 | (14) To enter into agreements with any person, firm, or |
| 121 | corporation for the furnishing by such person, firm, or |
| 122 | corporation of any facilities and services of the type provided |
| 123 | for in this act. |
| 124 | (15) To enter into impact fee credit agreements with local |
| 125 | general-purpose governments. In the event the district enters |
| 126 | into an impact fee credit agreement with a local general-purpose |
| 127 | government where the district constructs or makes contributions |
| 128 | for public facilities for which impact fee credits would be |
| 129 | available, the agreement may provide that such impact fee |
| 130 | credits shall inure to the landowners within the district in |
| 131 | proportion to their relative assessments, and the district |
| 132 | shall, from time to time, execute such instruments, such as |
| 133 | assignments of impact fee credits, as may be necessary or |
| 134 | desirable to accomplish or confirm the foregoing. |
| 135 | (16) To construct and maintain facilities for and take |
| 136 | measures to control mosquitoes and other arthropods of public |
| 137 | health importance. |
| 138 | (17) To finance, fund, plan, establish, acquire, construct |
| 139 | or reconstruct, enlarge or extend, equip, operate, and maintain |
| 140 | additional systems and facilities for conservation areas, |
| 141 | mitigation areas, and wildlife habitat, including the |
| 142 | maintenance of any plant or animal species. |
| 143 | (18) To borrow money and issue negotiable or other bonds |
| 144 | of the district as hereinafter provided, bearing interest at an |
| 145 | amount not to exceed the maximum interest allowable by law, in |
| 146 | anticipation of the collection of taxes and assessments or |
| 147 | revenues of the district, and to pledge or hypothecate such |
| 148 | taxes, assessments, and revenues to secure such bonds, notes, or |
| 149 | obligations, and to sell, discount, negotiate, and dispose of |
| 150 | the same. |
| 151 | (19) To provide public safety, including, but not limited |
| 152 | to, security, guardhouses, fences and gates, electronic |
| 153 | intrusion detection systems, and patrol cars, when authorized by |
| 154 | proper governmental agencies, except that the district may not |
| 155 | exercise any police power, but may contract with the appropriate |
| 156 | local general-purpose governmental agencies for an increased |
| 157 | level of such service within the district boundaries. |
| 158 | (20) To provide systems and facilities for fire prevention |
| 159 | and control and emergency medical services, including the |
| 160 | construction or purchase of fire stations, water mains and |
| 161 | plugs, fire trucks, and other vehicles and equipment consistent |
| 162 | with any adopted Palm Beach County ordinances, rules, or |
| 163 | regulations. |
| 164 | (21) To finance, fund, plan, establish, acquire, construct |
| 165 | or reconstruct, enlarge or extend, equip, and maintain |
| 166 | additional systems and facilities for school buildings and |
| 167 | related structures pursuant to this act and chapter 1013, |
| 168 | Florida Statutes, which may be leased, sold, or donated to the |
| 169 | school district for use in the educational system when |
| 170 | authorized by the district school board. |
| 171 | (22) To implement district plans and projects within units |
| 172 | of development pursuant to chapter 298, Florida Statutes. |
| 173 | (23) To establish and create such departments, committees, |
| 174 | boards, or other agencies, including a public relations |
| 175 | committee, as from time to time the board of supervisors may |
| 176 | deem necessary or desirable in the performance of this act or |
| 177 | other things necessary to the exercise of the powers provided in |
| 178 | this act, and to delegate to such departments, boards, or other |
| 179 | agencies such administrative duties and other powers as the |
| 180 | board of supervisors may deem necessary or desirable. |
| 181 | (24) To accept and utilize grants, gifts, or loans for the |
| 182 | provision of public infrastructure from all available public and |
| 183 | private sources. |
| 184 | (25) To exercise all other powers necessary, convenient, |
| 185 | or proper in connection with any of the powers or duties of the |
| 186 | district stated in this act. The powers and duties of the |
| 187 | district shall be exercised by and through the board of |
| 188 | supervisors thereof, which board shall have the authority to |
| 189 | employ engineers, attorneys, agents, employees, and |
| 190 | representatives as the board of supervisors may from time to |
| 191 | time determine, and to fix their compensation and duties. All |
| 192 | powers and authority of the district shall extend and apply to |
| 193 | the district as a whole and to each unit of development as, |
| 194 | from time to time, may be designated by the board of |
| 195 | supervisors. |
| 196 | Section 4. Board of supervisors; organization, powers, |
| 197 | duties, and terms of office; vacancies.-- |
| 198 | (1) There is hereby created the Board of Supervisors of |
| 199 | the Everglades Area Stewardship District, which shall be the |
| 200 | governing body of the district. The board of supervisors shall |
| 201 | consist of five persons who, except as herein otherwise |
| 202 | provided, shall hold office for terms of 4 years each and until |
| 203 | their successors shall be duly appointed. |
| 204 | (2) Members of the board of supervisors shall be appointed |
| 205 | by the Governor. Three members shall be residents and electors |
| 206 | within the Cities of South Bay, Belle Glade, and Pahokee. Two |
| 207 | members shall be landowners within the unincorporated portion of |
| 208 | the district and residents and electors within Palm Beach |
| 209 | County. The Governor shall appoint all board members within 30 |
| 210 | days after the date of the referendum required pursuant to |
| 211 | section 10, provided resident electors of the district approve |
| 212 | of district creation. Initial board members appointed as |
| 213 | resident electors of incorporated areas shall serve from the |
| 214 | date of appointment until September 30, 2008, and until their |
| 215 | successors are appointed. Board members appointed from |
| 216 | unincorporated areas shall serve from the date of appointment |
| 217 | until September 30, 2010, and until their successors are |
| 218 | appointed. Thereafter, all terms shall be 4 years each. |
| 219 | (3) The Board of Supervisors of the Everglades Area |
| 220 | Stewardship District shall be residents of the state and Palm |
| 221 | Beach County and citizens of the United States. In case of a |
| 222 | vacancy in the office of any supervisor, the remaining |
| 223 | supervisors may fill such vacancy until September 30 of the year |
| 224 | in which the vacancy occurred or September 30 of the year after |
| 225 | the vacancy occurred if it occurred on October 1 or thereafter, |
| 226 | when his or her successor shall be appointed by the Governor for |
| 227 | the unexpired term. All supervisors shall hold office until |
| 228 | their successors have been appointed and qualified. A supervisor |
| 229 | may be removed from office by the Governor pursuant to section |
| 230 | 298.11, Florida Statutes. |
| 231 | (4) As soon as practicable after appointment, the board of |
| 232 | supervisors of the district shall organize by choosing one |
| 233 | member to serve as president of the board of supervisors and by |
| 234 | electing some suitable person, who may or may not be a member of |
| 235 | the board, to serve as secretary. The board of supervisors shall |
| 236 | adopt a seal, which shall be the seal of the district. |
| 237 | (5) The board shall thereafter be responsible for the |
| 238 | development, adoption, and implementation of an infrastructure |
| 239 | facilities plan in cooperation with Palm Beach County, the |
| 240 | Cities of South Bay, Belle Glade, and Pahokee, and any other |
| 241 | cooperating political subdivisions and private business |
| 242 | entities. The purpose of the plan shall be development and |
| 243 | implementation of an orderly strategy for the provision of |
| 244 | public infrastructure and facilities within the district to |
| 245 | stimulate redevelopment and sound economic growth. |
| 246 | (6) Prior to taking any district action, a quorum must be |
| 247 | present. Quorum for district meetings shall be three |
| 248 | supervisors. |
| 249 | Section 5. Compensation of board; per diem.--The board of |
| 250 | supervisors may be compensated up to $500 per month upon |
| 251 | approval by four of the five board members. The board of |
| 252 | supervisors may, by resolution, adopt a rate of reimbursement |
| 253 | for travel, mileage, and meals for board members and district |
| 254 | employees and representatives on official district business |
| 255 | pursuant to applicable general law. |
| 256 | Section 6. Non-ad valorem assessments.-- |
| 257 | (1) NON-AD VALOREM ASSESSMENTS.--Non-ad valorem |
| 258 | assessments for the construction, operation, or maintenance of |
| 259 | district facilities, services, and operations shall be assessed, |
| 260 | levied, and collected pursuant to chapter 170 or chapter 197, |
| 261 | Florida Statutes. The district may levy a uniform initial |
| 262 | assessment pursuant to section 298.349, Florida Statutes, for |
| 263 | the purposes stated therein against all assessable property |
| 264 | within the district, provided, however, that the initial |
| 265 | assessment shall not exceed $10 per acre or any fraction |
| 266 | thereof. The uniform initial assessment shall be placed upon the |
| 267 | Palm Beach County tax roll by the property appraiser and |
| 268 | collected thereafter by the county tax collector upon notice |
| 269 | that the board has levied the assessment. |
| 270 | (2) ASSESSMENTS AND COSTS; A LIEN ON LAND AGAINST WHICH |
| 271 | ASSESSED.--All assessments provided for in this act, together |
| 272 | with all penalties for default in payment of the same and all |
| 273 | costs in collecting the same, shall, from the date of assessment |
| 274 | thereof until paid, constitute a lien of equal dignity with the |
| 275 | liens for county taxes, and other taxes of equal dignity with |
| 276 | county taxes, upon all the lands against which such taxes shall |
| 277 | be levied as is provided in this chapter. |
| 278 | (3) COMPENSATION OF PROPERTY APPRAISER, TAX COLLECTOR, AND |
| 279 | CLERK OF THE CIRCUIT COURT.--The Property Appraiser, Tax |
| 280 | Collector, and Clerk of the Circuit Court of Palm Beach County |
| 281 | shall be entitled to compensation for services performed in |
| 282 | connection with assessments of the district as provided by |
| 283 | general law. |
| 284 | (4) LEVY OF NON-AD VALOREM ASSESSMENTS ON LAND LESS THAN 1 |
| 285 | ACRE.--In levying and assessing all assessments, each tract or |
| 286 | parcel of land less than 1 acre in area shall be assessed as a |
| 287 | full acre, and each tract or parcel of land more than 1 acre in |
| 288 | area which contains a fraction of an acre shall be assessed at |
| 289 | the nearest whole number of acres, a fraction of one-half or |
| 290 | more to be assessed as a full acre. |
| 291 | Section 7. When unpaid assessments delinquent; |
| 292 | penalty.--All assessments provided for in this act shall be and |
| 293 | become delinquent and bear penalties on the amount of the |
| 294 | assessments in the same manner as county taxes. |
| 295 | Section 8. Enforcement of assessments.--The collection |
| 296 | and enforcement of all assessments levied by the district shall |
| 297 | be at the same time and in like manner as county taxes; and the |
| 298 | provisions of general law relating to the sale of lands for |
| 299 | unpaid and delinquent county taxes; the issuance, sale, and |
| 300 | delivery of tax certificates for such unpaid and delinquent |
| 301 | county taxes; the redemption thereof; the issuance to |
| 302 | individuals of tax deeds based thereon; and all other |
| 303 | procedures in connection therewith shall be applicable to the |
| 304 | district and the delinquent and unpaid assessments of the |
| 305 | district to the same extent as if the statutory provisions were |
| 306 | expressly set forth in this act. All assessments shall be |
| 307 | subject to the same discounts as county taxes. |
| 308 | Section 9. Issuance of revenue bonds, assessment bonds, |
| 309 | and bond anticipation notes.-- |
| 310 | (1) In addition to the other powers provided the district, |
| 311 | and not in limitation thereof, the district shall have the |
| 312 | power, pursuant to this act and applicable general law, at any |
| 313 | time, and from time to time, after the issuance of any bonds of |
| 314 | the district shall have been authorized, to borrow money for the |
| 315 | purposes for which such bonds are to be issued in anticipation |
| 316 | of the receipt of the proceeds of the sale of such bonds and to |
| 317 | issue bond anticipation notes in a principal sum not in excess |
| 318 | of the authorized maximum amount of such bond issue. |
| 319 | (2) Pursuant to this act and applicable general law, the |
| 320 | district shall have the power to issue assessment bonds and |
| 321 | revenue bonds from time to time, without limitation as to |
| 322 | amount, for the purpose of financing those systems and |
| 323 | facilities provided for in section 3. Such bonds may be secured |
| 324 | by, or payable from, the gross or net pledge of the revenues to |
| 325 | be derived from any project or combination of projects; from the |
| 326 | rates, fees, or other charges to be collected from the users of |
| 327 | any project or projects; from any revenue-producing undertaking |
| 328 | or activity of the district; from non-ad valorem assessments; or |
| 329 | from any other source or pledged security. Such bonds shall not |
| 330 | constitute an indebtedness of the district, and the approval of |
| 331 | the qualified electors shall not be required unless such bonds |
| 332 | are additionally secured by the full faith and credit and taxing |
| 333 | power of the district. |
| 334 | (3) Any issue of bonds may be secured by a trust agreement |
| 335 | by and between the district and a corporate trustee or trustees, |
| 336 | which may be any trust company or bank having the powers of a |
| 337 | trust company within or without the state. The resolution |
| 338 | authorizing the issuance of the bonds or such trust agreement |
| 339 | may pledge the revenues to be received from any projects of the |
| 340 | district and may contain such provisions for protecting and |
| 341 | enforcing the rights and remedies of the bondholders as the |
| 342 | board may approve, including, without limitation, covenants |
| 343 | setting forth the duties of the district in relation to the |
| 344 | acquisition, construction, reconstruction, stewardship, |
| 345 | maintenance, repair, operation, and insurance of any projects; |
| 346 | the fixing and revising of the rates, fees, and charges; and the |
| 347 | custody, safeguarding, and application of all moneys and for the |
| 348 | employment of consulting engineers in connection with such |
| 349 | acquisition, construction, reconstruction, stewardship, |
| 350 | maintenance, repair, or operation. |
| 351 | (4) Bonds of each issue shall be dated; shall bear |
| 352 | interest at such rate or rates, including variable rates, which |
| 353 | interest may be tax exempt or taxable for federal income tax |
| 354 | purposes; shall mature at such time or times from their date or |
| 355 | dates; and may be made redeemable before maturity at such price |
| 356 | or prices and under such terms and conditions as may be |
| 357 | determined by the board. |
| 358 | (5) The district shall have the power to issue bonds for |
| 359 | the purpose of refunding any outstanding bonds of the district. |
| 360 | (6) All bonds issued by the district shall comply with the |
| 361 | applicable provisions of chapter 298, Florida Statutes, and |
| 362 | other applicable general law. |
| 363 | Section 10. Referendum.-- |
| 364 | (1) In conjunction with the general election held on |
| 365 | November 7, 2006, and in accordance with the general laws |
| 366 | governing elections, the Palm Beach County Supervisor of |
| 367 | Elections shall conduct a referendum of qualified electors for |
| 368 | the purpose of posing the following question: |
| 369 |
|
| 370 | Creation of the Everglades Area Stewardship District |
| 371 |
|
| 372 | Shall the Everglades Area Stewardship District be created by |
| 373 | special act of the Legislature and authorized to levy user fees |
| 374 | and non ad-valorem assessments on real property within the |
| 375 | district for the purpose of financing public infrastructure and |
| 376 | providing services within the district? |
| 377 |
|
| 378 | ___Yes |
| 379 | ___No |
| 380 |
|
| 381 | (2) "Qualified elector" means a person who is registered |
| 382 | to vote in a general election in Palm Beach County and who |
| 383 | resides within the boundaries of the district as set forth in |
| 384 | section 1. |
| 385 | Section 11. Severability.--In case any one or more of the |
| 386 | sections or provisions of this act or the application of such |
| 387 | sections or provisions to any situation, circumstance, or person |
| 388 | shall for any reason be held to be unconstitutional, such |
| 389 | unconstitutionality shall not affect any other sections or |
| 390 | provisions of this act or the application of such sections or |
| 391 | provisions to any other situation, circumstance, or person, and |
| 392 | it is intended that this law shall be construed and applied as |
| 393 | if such section or provision had not been included herein for |
| 394 | any unconstitutional application. |
| 395 | Section 12. This act shall take effect only upon its |
| 396 | approval by a majority vote of those qualified electors of the |
| 397 | area described in section 1 voting in a referendum election held |
| 398 | in accordance with section 10, except that this section and |
| 399 | section 10 shall take effect upon becoming a law. |