HB 725

1
A bill to be entitled
2An act relating to the Everglades Area Stewardship
3District, Palm Beach County; creating and establishing the
4district as an independent special district; providing
5boundaries of the district; providing powers of the
6district; providing for a board of supervisors; providing
7qualifications, terms of office, appointment procedures,
8powers, duties, and compensation of board members;
9providing for non-ad valorem assessments; providing for
10penalties on delinquent assessments; providing for
11compensation of the property appraiser, tax collector, and
12clerk of the circuit court for assessment services as
13provided by general law; providing for enforcement of
14assessments; providing for the issuance of bonds;
15providing severability; requiring a referendum; providing
16an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  District establishment and boundaries.--For the
21purposes of providing public infrastructure and services; the
22assessment, levy, and collection of non-ad valorem assessments
23and fees; the operation of district facilities and services; and
24all other purposes stated in this act consistent with chapters
25189 and 298, Florida Statutes, and other applicable general law,
26an independent stewardship district is hereby created and
27established in Palm Beach County, to be known as the Everglades
28Area Stewardship District (the "district"), the territorial
29boundaries of which shall be as follows:
30
31All land within the incorporated boundaries of the
32cities of Pahokee, Belle Glade and South Bay; Kreamer
33Island; Torry Island; all privately owned land within
34the Sections 33 and 34, Township 41 South, Range 37
35East; all privately owned, unincorporated lands within
36Sections 9, 10, 15, 16, 19, 20, 21, 22, 27, 28, 29,
3730, 31, 32, 33 and 34, Township 42 South, Range 37
38East, all privately owned, unincorporated lands within
39Township 42 South, Range 36 East; all privately owned,
40unincorporated lands within Township 43 South, Range
4136 East; all privately held, unincorporated land
42within Sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17,
4318, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32, 33, and
4434, Township 43 South, Range 37 East; Lots 3, 4, and
455; all privately held, unincorporated land within
46Sections 3, 4, 5, 6, 7, 8, 9, and 10, Township 44
47South, Range 37 East; all privately held,
48unincorporated lands within Sections 1 through 24,
49Township 44 South, Range 36 East; all privately held,
50unincorporated lands within Sections 1 through 18,
51Township 44 South, Range 35 East; all privately held,
52unincorporated lands within Township 43 South, Range
5335 East within Palm Beach County.
54
55     Section 2.  Provisions of other laws made applicable.--The
56provisions of chapters 189 and 298, Florida Statutes, are
57declared to be applicable to the Everglades Area Stewardship
58District. The Everglades Area Stewardship District shall have
59all of the powers and authorities mentioned in or conferred by
60chapters 189 and 298, Florida Statutes.
61     Section 3.  Powers of the district.--The district shall
62have the following powers:
63     (1)  To sue and be sued by its name in any court of law or
64in equity; to make contracts; and to adopt and use a corporate
65seal and alter the same at pleasure.
66     (2)  To acquire by purchase, gift, or condemnation real and
67personal property, either or both, within or without the
68district; and to convey and dispose of such real and personal
69property, either or both, as may be necessary or convenient to
70carry out the purposes, or any of the purposes of this act and
71chapter 298, Florida Statutes.
72     (3)  To construct, operate, and maintain canals, ditches,
73drains, levees, lakes, ponds, and other works for water
74management and control purposes.
75     (4)  To acquire, purchase, operate, and maintain pumps,
76plants, and pumping systems for water management and control
77purposes.
78     (5)  To construct, operate, and maintain irrigation works,
79machinery, and plants.
80     (6)  To construct, improve, pave, and maintain roadways and
81roads necessary and convenient for the exercise of the powers or
82duties or any of the powers or duties of the district or the
83supervisors thereof; and to include as a component of roads
84parkways, bridges, landscaping, irrigation, bicycle and jogging
85paths, street lighting, traffic signals, road striping, and all
86other customary elements of a modern road system.
87     (7)  To finance, fund, plan, establish, acquire, construct
88or reconstruct, enlarge or extend, equip, operate, and maintain
89systems and facilities for providing transportation throughout
90the district, including private or contract carriers, buses,
91vehicles, railroads, and other transportation facilities, to
92meet the transportation requirements of the district in
93activities conducted within the district.
94     (8)  To finance, fund, plan, establish, acquire, construct
95or reconstruct, enlarge or extend, equip, operate, and maintain
96parking facilities within the district boundaries.
97     (9)  To finance, fund, plan, establish, acquire, construct
98or reconstruct, enlarge or extend, equip, operate, and maintain
99additional systems and facilities for parks and facilities for
100indoor and outdoor recreational, cultural, and educational uses.
101     (10)  To acquire, construct, finance, operate, and maintain
102water plants and systems to produce, purify, and distribute
103water for consumption.
104     (11)  To acquire, construct, finance, operate, and maintain
105sewer systems for the collection, disposal, and reuse of waste
106and to prevent water pollution in the district.
107     (12)  To levy non-ad valorem assessments; to prescribe,
108fix, establish, and collect rates, fees, rentals, fares, or
109other charges, and to revise the same from time to time, for the
110facilities and services furnished or to be furnished by the
111district; and to recover the cost of making connection to any
112district facility or system.
113     (13)  To provide for the discontinuance of service and
114reasonable penalties, including attorney's fees, against any
115user or property for any such rates, fees, rentals, fares, or
116other charges that become delinquent and require collection.
117However, no charges or fees shall be established until after a
118public hearing of the board at the district at which all
119affected persons shall be given an opportunity to be heard.
120     (14)  To enter into agreements with any person, firm, or
121corporation for the furnishing by such person, firm, or
122corporation of any facilities and services of the type provided
123for in this act.
124     (15)  To enter into impact fee credit agreements with local
125general-purpose governments. In the event the district enters
126into an impact fee credit agreement with a local general-purpose
127government where the district constructs or makes contributions
128for public facilities for which impact fee credits would be
129available, the agreement may provide that such impact fee
130credits shall inure to the landowners within the district in
131proportion to their relative assessments, and the district
132shall, from time to time, execute such instruments, such as
133assignments of impact fee credits, as may be necessary or
134desirable to accomplish or confirm the foregoing.
135     (16)  To construct and maintain facilities for and take
136measures to control mosquitoes and other arthropods of public
137health importance.
138     (17)  To finance, fund, plan, establish, acquire, construct
139or reconstruct, enlarge or extend, equip, operate, and maintain
140additional systems and facilities for conservation areas,
141mitigation areas, and wildlife habitat, including the
142maintenance of any plant or animal species.
143     (18)  To borrow money and issue negotiable or other bonds
144of the district as hereinafter provided, bearing interest at an
145amount not to exceed the maximum interest allowable by law, in
146anticipation of the collection of taxes and assessments or
147revenues of the district, and to pledge or hypothecate such
148taxes, assessments, and revenues to secure such bonds, notes, or
149obligations, and to sell, discount, negotiate, and dispose of
150the same.
151     (19)  To provide public safety, including, but not limited
152to, security, guardhouses, fences and gates, electronic
153intrusion detection systems, and patrol cars, when authorized by
154proper governmental agencies, except that the district may not
155exercise any police power, but may contract with the appropriate
156local general-purpose governmental agencies for an increased
157level of such service within the district boundaries.
158     (20)  To provide systems and facilities for fire prevention
159and control and emergency medical services, including the
160construction or purchase of fire stations, water mains and
161plugs, fire trucks, and other vehicles and equipment consistent
162with any adopted Palm Beach County ordinances, rules, or
163regulations.
164     (21)  To finance, fund, plan, establish, acquire, construct
165or reconstruct, enlarge or extend, equip, and maintain
166additional systems and facilities for school buildings and
167related structures pursuant to this act and chapter 1013,
168Florida Statutes, which may be leased, sold, or donated to the
169school district for use in the educational system when
170authorized by the district school board.
171     (22)  To implement district plans and projects within units
172of development pursuant to chapter 298, Florida Statutes.
173     (23)  To establish and create such departments, committees,
174boards, or other agencies, including a public relations
175committee, as from time to time the board of supervisors may
176deem necessary or desirable in the performance of this act or
177other things necessary to the exercise of the powers provided in
178this act, and to delegate to such departments, boards, or other
179agencies such administrative duties and other powers as the
180board of supervisors may deem necessary or desirable.
181     (24)  To accept and utilize grants, gifts, or loans for the
182provision of public infrastructure from all available public and
183private sources.
184     (25)  To exercise all other powers necessary, convenient,
185or proper in connection with any of the powers or duties of the
186district stated in this act. The powers and duties of the
187district shall be exercised by and through the board of
188supervisors thereof, which board shall have the authority to
189employ engineers, attorneys, agents, employees, and
190representatives as the board of supervisors may from time to
191time determine, and to fix their compensation and duties. All
192powers and authority of the district shall extend and apply to
193the district as a whole and to each unit of development as,
194from time to time, may be designated by the board of
195supervisors.
196     Section 4.  Board of supervisors; organization, powers,
197duties, and terms of office; vacancies.--
198     (1)  There is hereby created the Board of Supervisors of
199the Everglades Area Stewardship District, which shall be the
200governing body of the district. The board of supervisors shall
201consist of five persons who, except as herein otherwise
202provided, shall hold office for terms of 4 years each and until
203their successors shall be duly appointed.
204     (2)  Members of the board of supervisors shall be appointed
205by the Governor. Three members shall be residents and electors
206within the Cities of South Bay, Belle Glade, and Pahokee. Two
207members shall be landowners within the unincorporated portion of
208the district and residents and electors within Palm Beach
209County. The Governor shall appoint all board members within 30
210days after the date of the referendum required pursuant to
211section 10, provided resident electors of the district approve
212of district creation. Initial board members appointed as
213resident electors of incorporated areas shall serve from the
214date of appointment until September 30, 2008, and until their
215successors are appointed. Board members appointed from
216unincorporated areas shall serve from the date of appointment
217until September 30, 2010, and until their successors are
218appointed. Thereafter, all terms shall be 4 years each.
219     (3)  The Board of Supervisors of the Everglades Area
220Stewardship District shall be residents of the state and Palm
221Beach County and citizens of the United States. In case of a
222vacancy in the office of any supervisor, the remaining
223supervisors may fill such vacancy until September 30 of the year
224in which the vacancy occurred or September 30 of the year after
225the vacancy occurred if it occurred on October 1 or thereafter,
226when his or her successor shall be appointed by the Governor for
227the unexpired term. All supervisors shall hold office until
228their successors have been appointed and qualified. A supervisor
229may be removed from office by the Governor pursuant to section
230298.11, Florida Statutes.
231     (4)  As soon as practicable after appointment, the board of
232supervisors of the district shall organize by choosing one
233member to serve as president of the board of supervisors and by
234electing some suitable person, who may or may not be a member of
235the board, to serve as secretary. The board of supervisors shall
236adopt a seal, which shall be the seal of the district.
237     (5)  The board shall thereafter be responsible for the
238development, adoption, and implementation of an infrastructure
239facilities plan in cooperation with Palm Beach County, the
240Cities of South Bay, Belle Glade, and Pahokee, and any other
241cooperating political subdivisions and private business
242entities. The purpose of the plan shall be development and
243implementation of an orderly strategy for the provision of
244public infrastructure and facilities within the district to
245stimulate redevelopment and sound economic growth.
246     (6)  Prior to taking any district action, a quorum must be
247present. Quorum for district meetings shall be three
248supervisors.
249     Section 5.  Compensation of board; per diem.--The board of
250supervisors may be compensated up to $500 per month upon
251approval by four of the five board members. The board of
252supervisors may, by resolution, adopt a rate of reimbursement
253for travel, mileage, and meals for board members and district
254employees and representatives on official district business
255pursuant to applicable general law.
256     Section 6.  Non-ad valorem assessments.--
257     (1)  NON-AD VALOREM ASSESSMENTS.--Non-ad valorem
258assessments for the construction, operation, or maintenance of
259district facilities, services, and operations shall be assessed,
260levied, and collected pursuant to chapter 170 or chapter 197,
261Florida Statutes. The district may levy a uniform initial
262assessment pursuant to section 298.349, Florida Statutes, for
263the purposes stated therein against all assessable property
264within the district, provided, however, that the initial
265assessment shall not exceed $10 per acre or any fraction
266thereof. The uniform initial assessment shall be placed upon the
267Palm Beach County tax roll by the property appraiser and
268collected thereafter by the county tax collector upon notice
269that the board has levied the assessment.
270     (2)  ASSESSMENTS AND COSTS; A LIEN ON LAND AGAINST WHICH
271ASSESSED.--All assessments provided for in this act, together
272with all penalties for default in payment of the same and all
273costs in collecting the same, shall, from the date of assessment
274thereof until paid, constitute a lien of equal dignity with the
275liens for county taxes, and other taxes of equal dignity with
276county taxes, upon all the lands against which such taxes shall
277be levied as is provided in this chapter.
278     (3)  COMPENSATION OF PROPERTY APPRAISER, TAX COLLECTOR, AND
279CLERK OF THE CIRCUIT COURT.--The Property Appraiser, Tax
280Collector, and Clerk of the Circuit Court of Palm Beach County
281shall be entitled to compensation for services performed in
282connection with assessments of the district as provided by
283general law.
284     (4)  LEVY OF NON-AD VALOREM ASSESSMENTS ON LAND LESS THAN 1
285ACRE.--In levying and assessing all assessments, each tract or
286parcel of land less than 1 acre in area shall be assessed as a
287full acre, and each tract or parcel of land more than 1 acre in
288area which contains a fraction of an acre shall be assessed at
289the nearest whole number of acres, a fraction of one-half or
290more to be assessed as a full acre.
291     Section 7.  When unpaid assessments delinquent;
292penalty.--All assessments provided for in this act shall be and
293become delinquent and bear penalties on the amount of the
294assessments in the same manner as county taxes.
295     Section 8.  Enforcement of assessments.--The collection
296and enforcement of all assessments levied by the district shall
297be at the same time and in like manner as county taxes; and the
298provisions of general law relating to the sale of lands for
299unpaid and delinquent county taxes; the issuance, sale, and
300delivery of tax certificates for such unpaid and delinquent
301county taxes; the redemption thereof; the issuance to
302individuals of tax deeds based thereon; and all other
303procedures in connection therewith shall be applicable to the
304district and the delinquent and unpaid assessments of the
305district to the same extent as if the statutory provisions were
306expressly set forth in this act. All assessments shall be
307subject to the same discounts as county taxes.
308     Section 9.  Issuance of revenue bonds, assessment bonds,
309and bond anticipation notes.--
310     (1)  In addition to the other powers provided the district,
311and not in limitation thereof, the district shall have the
312power, pursuant to this act and applicable general law, at any
313time, and from time to time, after the issuance of any bonds of
314the district shall have been authorized, to borrow money for the
315purposes for which such bonds are to be issued in anticipation
316of the receipt of the proceeds of the sale of such bonds and to
317issue bond anticipation notes in a principal sum not in excess
318of the authorized maximum amount of such bond issue.
319     (2)  Pursuant to this act and applicable general law, the
320district shall have the power to issue assessment bonds and
321revenue bonds from time to time, without limitation as to
322amount, for the purpose of financing those systems and
323facilities provided for in section 3. Such bonds may be secured
324by, or payable from, the gross or net pledge of the revenues to
325be derived from any project or combination of projects; from the
326rates, fees, or other charges to be collected from the users of
327any project or projects; from any revenue-producing undertaking
328or activity of the district; from non-ad valorem assessments; or
329from any other source or pledged security. Such bonds shall not
330constitute an indebtedness of the district, and the approval of
331the qualified electors shall not be required unless such bonds
332are additionally secured by the full faith and credit and taxing
333power of the district.
334     (3)  Any issue of bonds may be secured by a trust agreement
335by and between the district and a corporate trustee or trustees,
336which may be any trust company or bank having the powers of a
337trust company within or without the state. The resolution
338authorizing the issuance of the bonds or such trust agreement
339may pledge the revenues to be received from any projects of the
340district and may contain such provisions for protecting and
341enforcing the rights and remedies of the bondholders as the
342board may approve, including, without limitation, covenants
343setting forth the duties of the district in relation to the
344acquisition, construction, reconstruction, stewardship,
345maintenance, repair, operation, and insurance of any projects;
346the fixing and revising of the rates, fees, and charges; and the
347custody, safeguarding, and application of all moneys and for the
348employment of consulting engineers in connection with such
349acquisition, construction, reconstruction, stewardship,
350maintenance, repair, or operation.
351     (4)  Bonds of each issue shall be dated; shall bear
352interest at such rate or rates, including variable rates, which
353interest may be tax exempt or taxable for federal income tax
354purposes; shall mature at such time or times from their date or
355dates; and may be made redeemable before maturity at such price
356or prices and under such terms and conditions as may be
357determined by the board.
358     (5)  The district shall have the power to issue bonds for
359the purpose of refunding any outstanding bonds of the district.
360     (6)  All bonds issued by the district shall comply with the
361applicable provisions of chapter 298, Florida Statutes, and
362other applicable general law.
363     Section 10.  Referendum.--
364     (1)  In conjunction with the general election held on
365November 7, 2006, and in accordance with the general laws
366governing elections, the Palm Beach County Supervisor of
367Elections shall conduct a referendum of qualified electors for
368the purpose of posing the following question:
369
370Creation of the Everglades Area Stewardship District
371
372Shall the Everglades Area Stewardship District be created by
373special act of the Legislature and authorized to levy user fees
374and non ad-valorem assessments on real property within the
375district for the purpose of financing public infrastructure and
376providing services within the district?
377
378___Yes
379___No
380
381     (2)  "Qualified elector" means a person who is registered
382to vote in a general election in Palm Beach County and who
383resides within the boundaries of the district as set forth in
384section 1.
385     Section 11.  Severability.--In case any one or more of the
386sections or provisions of this act or the application of such
387sections or provisions to any situation, circumstance, or person
388shall for any reason be held to be unconstitutional, such
389unconstitutionality shall not affect any other sections or
390provisions of this act or the application of such sections or
391provisions to any other situation, circumstance, or person, and
392it is intended that this law shall be construed and applied as
393if such section or provision had not been included herein for
394any unconstitutional application.
395     Section 12.  This act shall take effect only upon its
396approval by a majority vote of those qualified electors of the
397area described in section 1 voting in a referendum election held
398in accordance with section 10, except that this section and
399section 10 shall take effect upon becoming a law.


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