HB 1515

1
A bill to be entitled
2An act relating to Charlotte County; creating the Babcock
3Ranch Community Independent Special District; providing a
4short title; providing legislative findings and intent;
5providing definitions; stating legislative policy
6regarding creation of the district; establishing
7compliance with minimum requirements in s. 189.404(3),
8F.S., for creation of an independent special district;
9providing for creation and establishment of the district;
10establishing the legal boundaries of the district;
11providing for the jurisdiction and charter of the
12district; providing for a governing board and establishing
13membership criteria and election procedures; providing for
14board members' terms of office; providing for board
15meetings; providing for administrative duties of the
16board; providing a method for transition of the board from
17landowner control to control by the resident electors of
18the district; providing for a district manager and
19district personnel; providing for a district treasurer,
20selection of a public depository, and district budgets and
21financial reports; providing for the general powers of the
22district; providing for the special powers of the district
23to plan, finance, and provide community infrastructure and
24services within the district; providing for required
25notices to purchasers of residential units within the
26district; providing severability; providing for a
27referendum; providing an effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  This act may be cited as the "Babcock Ranch
32Community Independent Special District Act."
33     Section 2.  Legislative findings and intent; definitions;
34policy.--
35     (1)  LEGISLATIVE FINDINGS AND INTENT.--
36     (a)  The unincorporated area of southeastern Charlotte
37County, including the Babcock Ranch lands, are unique and
38special with a need towards protecting natural resources and
39retaining a viable agricultural system while protecting private
40property rights and promoting a sound economy.
41     (b)  The Board of Trustees of the Internal Improvement
42Trust Fund and the Florida Fish and Wildlife Conservation
43Commission have purchased approximately 73,500 acres of the
44approximately 91,000-acre Babcock Ranch for the perpetual
45preservation of such lands and for establishing a contiguous
46wildlife protection area from Lake Okeechobee to the Charlotte
47Harbor Estuary Project.
48     (c)  The Department of Community Affairs, Charlotte County,
49and the then contract purchaser of the Babcock Ranch have
50entered into an Interlocal Planning Agreement for the Babcock
51Ranch, dated January 24, 2006, which outlines the steps
52necessary to achieve the sale and preservation of approximately
5373,500 acres of the entire Babcock Ranch and development of the
54remaining approximately 17,800 acres (the "Babcock Ranch
55Community") with a new, sustainable, compact, and mixed-use
56community that will provide residents with a balance of living,
57working, educational, civic, and recreational opportunities
58incorporating greenways, pedestrian ways, and transit corridors.
59     (d)  The district and the district charter, as created by
60this act, with its general and special powers are essential and,
61for the reasons set forth herein, the best alternative for
62planning, constructing, maintaining, operating, financing, and
63improving the provision of systems, facilities, and services
64necessary to meet the infrastructure needs of the Babcock Ranch
65Community.
66     (e)  There is a particular need to implement a specialized
67and limited single-purpose independent special district unit of
68local government in connection with the development of the
69Babcock Ranch Community, in order to prevent urban sprawl by
70providing sustaining and freestanding infrastructure and to
71prevent the needless duplication, fragmentation, and
72proliferation of local government services.
73     (f)  Management of conservation, environmental,
74agricultural, and economic challenges and opportunities in the
75Babcock Ranch area transcends the boundaries and
76responsibilities of both private landowners and individual units
77of government.
78     (g)  There are two alternatives for the creation of
79independent special districts for properties of this size: the
80establishment by rule of the Governor and Cabinet of one or more
81uniform community development districts over the property; and
82the establishment by special act of the Legislature of a single
83independent special district meeting the minimum requirements of
84chapter 189, Florida Statutes, the applicable district
85accountability general law. Use of this special act, created
86under chapter 189, Florida Statutes, is the better of the two
87alternatives in this case because it will allow for use of a
88single special district, with longer involvement and
89responsibility on the part of the initial landowner, which will
90result in better intergovernmental coordination and lower
91administrative costs for Charlotte County and the district,
92including its landowners and residents. Additionally, use of
93this special act will provide the flexibility to include within
94the district, at a later date, contiguous Babcock Ranch lands
95within Lee County, whereas chapter 190, Florida Statutes, would
96prevent a single uniform community development district from
97crossing county lines. Additionally, use of this special act
98updates the charter of a uniform community development district
99under chapter 190, Florida Statutes, eliminates potential for
100its abuse, clarifies and sets forth certain uniform procedures
101for liens on property, and makes other substantial reforms to
102the benefit of the people of Charlotte County and future
103landowners, residents, and visitors.
104     (h)  A longer involvement of the initial landowner with
105regard to the provision of systems, facilities, and services for
106the Babcock Ranch Community, coupled with a severely limited and
107highly specialized single purpose of the district, is in the
108public interest.
109     (i)  Any public or private system to provide infrastructure
110improvements, systems, facilities, and services to the Babcock
111Ranch Community must be established through a highly
112specialized, innovative, responsive, and accountable mechanism
113to provide the components of infrastructure at sustained levels
114of high quality over the long term.
115     (j)  The existence and use of such a limited, specialized
116single-purpose local government for the Babcock Ranch Community,
117subject to the Charlotte County comprehensive plan and land
118development regulations, will result in a higher propensity to
119provide for orderly development and prevent urban sprawl;
120protect and preserve environmental and conservation uses and
121assets; potentially enhance the market value for both present
122and future landowners of the property consistent with the need
123to protect private property; potentially enhance the net
124economic benefit to Charlotte County, including an enhanced tax
125base to the benefit of all present and future taxpayers in
126Charlotte County; and result in the sharing of costs of
127providing certain systems, facilities, and services in an
128innovative, sequential, and flexible manner within the area to
129be serviced by the district.
130     (k)  The creation and establishment of the district will
131encourage local government financial self-sufficiency in
132providing public facilities and in identifying and implementing
133fiscally sound, innovative, and cost-effective techniques to
134provide and finance public facilities while encouraging
135development, use, and coordination of capital improvement plans
136by all levels of government, pursuant to chapter 187, Florida
137Statutes.
138     (l)  The creation and establishment of the district will
139encourage and enhance cooperation among communities that have
140unique assets, irrespective of political boundaries, to bring
141the private and public sectors together to establish an orderly
142and environmentally and economically sound plan for current and
143future needs and growth.
144     (m)  The creation and establishment of the district is a
145legitimate alternative method available to manage, own, operate,
146construct, and finance capital infrastructure systems,
147facilities, and services.
148     (n)  In order to be responsive to the critical timing
149required through the exercise of its special management
150functions, an independent district requires financing of those
151functions, including bondable, lienable, and nonlienable
152revenue, with full and continuing public disclosure and
153accountability, funded by landowners, both present and future,
154and funded also by users of the systems, facilities, and
155services provided to the land area by the district, without
156burdening the taxpayers and citizens of the state, Charlotte
157County, or any municipality therein.
158     (o)  The district created and established by this act shall
159not exercise or have any comprehensive planning, zoning, or
160development permitting power; the establishment of the district
161shall not be considered a development order within the meaning
162of chapter 380, Florida Statutes; and all applicable planning
163and permitting laws, rules, regulations, agreements, and
164policies of Charlotte County shall control the development of
165the land within the district.
166     (p)  The creation by this act of the Babcock Ranch
167Community Independent Special District is not inconsistent with
168the Charlotte County comprehensive plan.
169     (q)  Charlotte County does not object to the creation of
170the district.
171     (r)  It is the legislative intent and purpose that no debt
172or obligation of the district constitute a debt or obligation on
173any local general-purpose government without its consent.
174     (s)  It is the legislative intent and purpose that no local
175general-purpose government shall be under any obligation or duty
176to assume any obligation or commitment made by the developer or
177the district.
178     (2)  DEFINITIONS.--As used in this act:
179     (a)  "Ad valorem bonds" means bonds that are payable from
180the proceeds of ad valorem taxes levied on real and tangible
181personal property and that are generally referred to as general
182obligation bonds.
183     (b)  "Assessable improvements" means, without limitation,
184any and all public improvements and community facilities that
185the district is empowered to provide in accordance with this act
186that provide a special benefit to property within the district.
187     (c)  "Assessment bonds" means special obligations of the
188district that are payable solely from proceeds of the special
189assessments or benefit special assessments levied for assessable
190improvements, provided that, in lieu of issuing assessment bonds
191to fund the costs of assessable improvements, the district may
192issue revenue bonds for such purposes payable from special
193assessments.
194     (d)  "Assessments" means those nonmillage district
195assessments that include special assessments, benefit special
196assessments, and maintenance special assessments and a
197nonmillage, non-ad valorem maintenance tax if authorized by
198general law.
199     (e)  "Babcock Ranch" means the approximately 91,000 acres
200of contiguous lands generally located in southeastern Charlotte
201County and in the northeastern portion of Lee County, the
202majority of which, approximately 73,500 acres, has been
203purchased pursuant to that certain Agreement for Sale and
204Purchase entered into by the Board of Trustees of the Internal
205Improvement Trust Fund, the Florida Fish and Wildlife
206Conservation Commission, and Lee County, as authorized pursuant
207to the Babcock Ranch Preserve Act, chapter 2006-231, Laws of
208Florida, and the remainder of which, approximately 17,800 acres,
209known as "Area 6," is to be developed as the Babcock Ranch
210Community.
211     (f)  "Babcock Ranch Community" means that portion of the
212Babcock Ranch to be developed with a new, sustainable, compact,
213mixed-use community pursuant to that certain Interlocal Planning
214Agreement for the Babcock Ranch, dated January 24, 2006, among
215the Florida Department of Community Affairs, Lee and Charlotte
216Counties, and the then contract purchaser of the Babcock Ranch,
217and pursuant to development approvals issued or to be issued by
218Lee County and Charlotte County, consisting of approximately
21917,800 acres. The subject of this act is that portion of the
220Babcock Ranch Community located in Charlotte County, consisting
221of approximately 13,631 acres, as described in section 4.
222     (g)  "Babcock Ranch Community Independent Special District"
223means the unit of special and single-purpose local government
224created and chartered by this act, including the creation of its
225charter, and limited to the performance, in implementing its
226single purpose, of those general and special powers authorized
227by its charter under this act, the boundaries of which are more
228specifically set forth in this act, the governing head of which
229is created and authorized to operate with legal existence by
230this act, and the purpose of which is as set forth in this act.
231     (h)  "Benefit special assessments" are district assessments
232imposed, levied, and collected pursuant to the provisions of
233section 6(12)(b).
234     (i)  "Bond" includes "certificate," and the provisions that
235are applicable to bonds are equally applicable to certificates.
236The term "bond" includes any general obligation bond, assessment
237bond, refunding bond, revenue bond, and other such obligation in
238the nature of a bond as provided for in this act.
239     (j)  "Cost" or "costs," when used with reference to any
240project, includes, but is not limited to:
241     1.  The expenses of determining the feasibility or
242practicability of acquisition, construction, or reconstruction.
243     2.  The cost of surveys, estimates, plans, and
244specifications.
245     3.  The cost of improvements.
246     4.  Planning, engineering, designing, fiscal, legal, and
247other professional and consultant expenses and charges.
248     5.  The cost of all labor, materials, machinery, and
249equipment.
250     6.  The cost of all lands, properties, rights, easements,
251and franchises acquired.
252     7.  Financing charges.
253     8.  The creation of initial reserve and debt service funds.
254     9.  Working capital.
255     10.  Interest charges incurred or estimated to be incurred
256on money borrowed prior to and during construction and
257acquisition and for such reasonable period of time after
258completion of construction or acquisition as the board may
259determine.
260     11.  The cost of issuance of bonds pursuant to this act,
261including advertisements and printing.
262     12.  The cost of any bond or tax referendum held pursuant
263to this act and all other expenses of issuance of bonds.
264     13.  The discount, if any, on the sale or exchange of
265bonds.
266     14.  Administrative expenses.
267     15.  The costs and expenses associated with the use,
268operation, maintenance, and repair of improvements.
269     16.  Such other expenses as may be necessary or incidental
270to the acquisition, disposition, transfer, construction,
271operation, maintenance, or reconstruction of any project or to
272the financing thereof, or to the development of any lands within
273the district.
274     17.  Payments, contributions, dedications, and any other
275exactions required as a condition of receiving any governmental
276approval or permit necessary to accomplish any district purpose.
277     (k)  "District" means the Babcock Ranch Community
278Independent Special District.
279     (l)  "District manager" means the manager of the district.
280     (m)  "General obligation bonds" means bonds that are
281secured by, or provide for their payment by, the pledge of the
282full faith and credit and taxing power of the district, in
283addition to those special taxes levied for their discharge and
284such other sources as may be provided for their payment or
285pledged as security under the resolution authorizing their
286issuance, and for payment of which recourse may be had against
287the general fund of the district.
288     (n)  "Governing board" or "board" means the governing board
289of the district or, if such board has been abolished, the board,
290body, or commission assuming the principal functions thereof or
291to whom the powers given to the board by this act have been
292given by law.
293     (o)  "Governing board member" means any member of the
294governing board.
295     (p)  "Land development regulations" means those regulations
296of general purpose local government, adopted under the Local
297Government Comprehensive Planning and Land Development
298Regulation Act, part II of chapter 163, Florida Statutes, to
299which the district is subject and as to which the district may
300not do anything that is inconsistent. Land development
301regulations shall not mean specific management, engineering,
302planning, operating, and other criteria and standards needed in
303the daily management, implementation, and provision by the
304district of systems, facilities, services, works, improvements,
305projects, or infrastructure, including design criteria and
306standards, so long as they remain subject to and are not
307inconsistent with the applicable land development regulations.
308     (q)  "Landowner" means the owner of a freehold estate as it
309appears on the deed record, including a trustee, a private
310corporation, and an owner of a condominium unit. "Landowner"
311does not include a reversioner, remainderman, mortgagee, or any
312governmental entity, who shall not be counted and need not be
313notified of proceedings under this act. "Landowner" also means
314the owner of a ground lease from a governmental entity, which
315leasehold interest has a remaining term, excluding all renewal
316options, in excess of 50 years.
317     (r)  "General-purpose local government" means a county,
318municipality, or consolidated city-county government.
319     (s)  "Maintenance special assessments" are assessments
320imposed, levied, and collected pursuant to the provisions of
321section 6(12)(d).
322     (t)  "Non-ad valorem assessment" means only those
323assessments that are not based upon millage and that can become
324a lien against a homestead as permitted in s. 4, Art. X of the
325State Constitution.
326     (u)  "Powers" mean1s powers used and exercised by the
327governing board to accomplish the single, limited, and special
328purpose of the district, including:
329     1.  "General powers," those organizational and
330administrative powers of the district as provided in its charter
331in order to carry out its single special purpose as a local
332government public corporate body politic.
333     2.  "Special powers," those powers enumerated by the
334district charter to implement its specialized systems,
335facilities, services, projects, improvements, and infrastructure
336and related functions in order to carry out its single
337specialized purpose.
338     3.  Any other powers, authority, or functions set forth in
339this act or in chapter 189 or chapter 190, Florida Statutes.
340     (v)  "Project" means any development, improvement,
341property, power, utility, facility, enterprise, service, system,
342works, or infrastructure now existing or hereafter undertaken or
343established under the provisions of this act.
344     (w)  "Qualified elector" means any person at least 18 years
345of age or older, who is a citizen of the United States, a legal
346resident of the state and the district, and who registers to
347vote with the Supervisor of Elections in Charlotte County.
348     (x)  "Refunding bonds" means bonds issued to refinance
349outstanding bonds of any type and the interest and redemption
350premium thereon. Refunding bonds shall be issuable and payable
351in the same manner as refinanced bonds, except that no approval
352by the electorate shall be required unless required by the State
353Constitution.
354     (y)  "Revenue bonds" means obligations of the district that
355are payable from revenues, including, but not limited to,
356special assessments and benefit special assessments, derived
357from sources other than ad valorem taxes on real or tangible
358personal property, and that do not pledge the property, credit,
359or general tax revenue of the district.
360     (z)  "Sewer system" means any plant, system of pipes or
361lines, facility, or property and additions, extensions, and
362improvements thereto at any future time constructed or acquired
363as part thereof, useful or necessary or having the present
364capacity for future use in connection with the collection,
365treatment, purification, or disposal of sewage, including, but
366not limited to, industrial wastes resulting from any process of
367industry, manufacture, trade, or business or from the
368development of any natural resource. "Sewer system" also
369includes treatment plants, pumping stations, lift stations,
370valves, force mains, intercepting sewers, laterals, pressure
371lines, mains, and all necessary appurtenances and equipment; all
372sewer mains, laterals, and other devices for the reception and
373collection of sewage from premises connected therewith; and all
374real and personal property and any interest therein, and rights,
375easements, and franchises of any nature relating to any such
376system and necessary or convenient for operation thereof.
377     (aa)  "Special assessments" means assessments as imposed,
378levied, and collected by the district for the costs of
379assessable improvements pursuant to the provisions of this act,
380chapter 170, Florida Statutes, and the additional authority
381under section 197.3631, Florida Statutes, or other provisions of
382general law that provide or authorize a supplemental means to
383impose, levy, or collect special assessments.
384     (bb)  "Tax" or "taxes" means those levies and impositions
385of the governing board that support and pay for government and
386the administration of law and that may be:
387     1.  Ad valorem or property taxes based upon both the
388appraised value of property and millage, at a rate uniform
389within the jurisdiction; or
390     2.  If and when authorized by general law, non-ad valorem
391maintenance taxes not based on millage that are used to maintain
392district systems, facilities, and services.
393     (cc)  "Water system" means any plant, system of pipes or
394lines, facility, or property, and any addition, extension, or
395improvement thereto at any future time constructed or acquired
396as a part thereof, useful, necessary, or having the present
397capacity for future use in connection with the development of
398sources, treatment, purification, or distribution of water.
399"Water system" also includes lakes, canals, ditches, reservoirs,
400dams, impoundments, storage tanks, mains, lines, valves, pumping
401stations, laterals, and pipes for the purpose of carrying water
402to the premises connected with such system, and all rights,
403easements, and franchises of any nature relating to any such
404system and necessary or convenient for the operation thereof.
405     (3)  POLICY.--Based upon its findings, ascertainments,
406determinations, intent, purpose, and definitions, the
407Legislature states its policy expressly:
408     (a)  The district and the district charter, with its
409general and special powers, as created in this act, are
410essential and the best alternative for the residential,
411commercial, and other community uses, projects, or functions in
412the included portion of Charlotte County consistent with the
413effective comprehensive plans and serve a lawful public purpose.
414     (b)  The district, which is a government of special
415purpose, is limited to its special purpose as expressed in this
416act, with the power to provide, plan, implement, construct,
417maintain, and finance as a government of special purpose for its
418systems, facilities, services, improvements, infrastructure, and
419projects and possessing financing powers to fund its management
420powers over the long term and with sustained levels of high
421quality.
422     (c)  The creation of the Babcock Ranch Community
423Independent Special District by and pursuant to this act, and
424its exercise of its management and related financing powers to
425implement its limited, single, and special purpose, does not
426constitute a development order and does not invoke any provision
427within the meaning of chapter 380, Florida Statutes, and all
428applicable governmental planning, environmental, and land
429development laws, regulations, rules, policies, and ordinances
430apply to all development of the land within the jurisdiction of
431the district as created by this act.
432     (d)  The district shall operate and function subject to,
433and not inconsistent with, the Charlotte County comprehensive
434plan and any applicable development orders, zoning regulations,
435and other land development regulations.
436     (e)  The special and single purpose Babcock Ranch Community
437Independent Special District will not have the powers of a
438general-purpose local government to adopt a comprehensive plan
439or related land development regulations as those terms are
440defined in the Local Government Comprehensive Planning and Land
441Development Regulation Act, part II of chapter 163, Florida
442Statutes.
443     (f)  This act may be amended, in whole or in part, only by
444subsequent special act of the Legislature. No amendment to this
445act that alters the district boundaries or the general or
446special powers of the district may be considered by the
447Legislature unless it is accompanied by a resolution or official
448statement as provided for in section 189.404(2)(e)4., Florida
449Statutes.
450     Section 3.  Creation and establishment; jurisdiction;
451construction; charter with legal description.--
452     (1)  The Babcock Ranch Community Independent Special
453District, which also may be referred to as the "district," is
454created and incorporated as a public body corporate and politic,
455an independent, limited, special purpose local government, an
456independent special district under section 189.404, Florida
457Statutes, and as defined in this act and section 189.403(3),
458Florida Statutes, in and for a certain portion of Charlotte
459County. Any amendments to chapter 190, Florida Statutes, after
460January 1, 2007, granting additional general powers, special
461powers, authorities, or projects to a community development
462district by amendment to its uniform charter, sections 190.006-
463190.041, Florida Statutes, shall constitute a general power,
464special power, authority, or function of the Babcock Ranch
465Community Independent Special District. All notices for the
466enactment by the Legislature of this special act have been
467provided pursuant to the State Constitution, laws of the state,
468and the Rules of the Florida House of Representatives and of the
469Florida Senate.
470     (2)  The territorial boundary of the district shall embrace
471and include all of that certain real property as described in
472section 4.
473     (3)  The jurisdiction of this district, in the exercise of
474its general and special powers, and in the carrying out of its
475special purposes, is both within the external boundaries of the
476legal description of this district and extraterritorially only
477when expressly authorized by this act or by applicable general
478law. This special purpose district is created as a public body
479corporate and politic, with local government authority and power
480limited by its charter, this act, and subject to the provisions
481of other general laws, in particular chapter 189, Florida
482Statutes, except that in the event that a conflict arises
483between the provisions of applicable general laws and this act,
484the provisions of this act will control, and the district has
485jurisdiction to perform such acts and exercise such authorities,
486functions, and powers as shall be necessary, convenient,
487incidental, proper, or reasonable for the implementation of its
488limited, single, and specialized purpose regarding the sound
489planning, provision, acquisition, development, operation,
490maintenance, and related financing of those public systems,
491facilities, services, improvements, projects, and infrastructure
492works as authorized herein, including those necessary and
493incidental thereto.
494     (4)  The exclusive charter of the "Babcock Ranch Community
495Independent Special District" is this act, which may be amended,
496terminated, or repealed only by special act of the Legislature.
497     Section 4.  Legal description of the Babcock Ranch
498Community Independent Special District.--
499
500LEGAL DESCRIPTION. The metes and bounds legal
501description of the district, within which there are no
502parcels of property owned by those who do not wish
503their property to be included within the district, is
504as follows:
505
506CHARLOTTE COUNTY PARCEL:
507
508A parcel of land lying within Sections 29, 31 through
50933, Township 41 South, Range 26 East, AND, Sections 4
510through 10, Sections 15 through 17 and Sections 19
511through 36, Township 42 South, Range 26 East,
512Charlotte County, Florida, being more particularly
513described as follows:
514
515Commence at the Southwest corner of Section 31,
516Township 42 South, Range 26 East and run S89°41'45"E,
517S89°41'45"E, along the South line of said Section
51831, a distance of 50.00 feet to a point on the East
519right-of-way line of State Road No. 31, said point
520also being the Point of Beginning of the parcel of
521land herein described; Thence continue S89°41'45"E a
522distance of 5,189.75 feet to the Northeast corner of
523Section 6, Township 43 South, Range 26 East; Thence
524S89°41'45"E a distance of 5,306.08 feet to the
525Northeast corner of Section 5, Township 43 South,
526Range 26 East; Thence S89°37'16"E a distance of
5275,289.11 feet to the Northeast corner of Section 4,
528Township 43 South, Range 26 East; Thence S89°35'44"E a
529S89°35'44"E a distance of 5,294.60 feet to the
530Northeast corner of Section 3, Township 43 South,
531Range 26 East; Thence S89°35'44"E a distance of
5325,294.60 feet to the Northeast corner of Section 2,
533Township 43 South, Range 26 East; Thence S89°35'44"E,
534S89°35'44"E, along the North line of Section 1,
535Township 43 South, Range 26 East, a distance of
5363,430.66 feet; Thence N00°00'40"W a distance of
53710,185.53 feet; Thence N05°46'23"E a distance of
5381,058.56 feet; Thence N66°40'38"W a distance of 200.62
539feet; Thence S83°12'47"W a distance of 1,373.33 feet;
540Thence N30°17'33"W a distance of 1,686.63 feet; Thence
541N70°02'41"W a distance of 1,332.41 feet; Thence
542S72°42'44"W a distance of 1,430.81 feet; Thence
543N49°18'31"W a distance of 2,362.25 feet; Thence
544S69°00'57"W a distance of 1,518.19 feet; Thence
545S21°08'17"W a distance of 865.44 feet; Thence
546S20°29'11"E a distance of 1,376.91 feet; Thence
547N74°38'25"E a distance of 1,635.69 feet; Thence
548S00°18'50"E a distance of 1,309.92 feet; Thence
549S89°45'02"W a distance of 4,154.48 feet; Thence
550N51°39'36"W a distance of 782.53 feet; Thence
551N04°14'12"E a distance of 1,329.59 feet; Thence
552N39°20'59"W a distance of 1,779.16 feet; Thence
553N42°01'35"W a distance of 1,162.94 feet; Thence
554S52°01'16"W a distance of 818.34 feet; Thence
555S62°56'46"W a distance of 516.42 feet; Thence
556S89°59'33"W a distance of 307.20 feet; Thence
557N80°06'18"W a distance of 334.84 feet; Thence
558N20°54'51"W a distance of 336.86 feet; Thence
559N05°03'05"E a distance of 533.35 feet; Thence
560N22°47'49"E a distance of 5,490.82 feet; Thence
561N55°42'26"E a distance of 195.73 feet; Thence
562N21°59'06"W a distance of 1,739.17 feet; Thence
563N52°37'55"E a distance of 867.75 feet; Thence
564N13°36'57"W a distance of 2,507.33 feet; Thence
565S78°50'16"W a distance of 687.95 feet; Thence
566N19°48'25"W a distance of 366.25 feet; Thence
567N08°01'21"W a distance of 493.32 feet; Thence
568N03°43'40"E a distance of 687.22 feet; Thence
569N00°28'20"E a distance of 674.51 feet; Thence
570N25°12'33"W a distance of 261.13 feet; Thence
571N42°54'55"W a distance of 643.19 feet; Thence
572N07°19'37"W a distance of 171.40 feet; Thence
573N13°05'30"E a distance of 201.96 feet; Thence
574N32°40'01"W a distance of 186.12 feet; Thence
575N05°04'15"W a distance of 1,832.77 feet; Thence
576N19°47'08"W a distance of 527.20 feet; Thence
577N26°13'22"W a distance of 802.13 feet; Thence
578S79°06'55"W a distance of 475.20 feet; Thence
579N74°19'19"W a distance of 1,689.05 feet; Thence
580N01°26'06"W a distance of 897.42 feet; Thence
581N89°51'42"W a distance of 67.91 feet; Thence
582N00°00'03"W a distance of 1,218.37 feet; Thence
583N39°50'11"W a distance of 190.86 feet; Thence
584N00°00'29"W a distance of 324.62 feet; Thence
585N89°59'52"W a distance of 688.20 feet; Thence
586N00°00'00"E a distance of 1,967.22 feet; Thence
587N41°13'25"W a distance of 2,825.17 feet; Thence
588S89°59'57"W a distance of 3,566.80 feet; Thence
589S00°00'03"E a distance of 2,799.34 feet; Thence
590S89°11'17"W a distance of 5,960.98 feet to a point
591lying 50.00 feet East of the East right-of-way line
592for State Road No. 31; Thence along a line 50.00 feet
593East of, and parallel with, the East right-of-way line
594for State Road No. 31, the following courses and
595distances: S00°48'43"E a distance of 2,976.13 feet and
596S00°34'01"W a distance of 786.25 feet; Thence
597S89°25'59"E a distance of 4,104.32 feet; Thence
598S00°01'22"E a distance of 2,084.04 feet; Thence
599S16°46'15"E a distance of 1,740.24 feet; Thence
600S09°11'59"W a distance of 1,325.85 feet; Thence
601S73°15'18"E a distance of 661.15 feet; Thence
602N59°20'29"E a distance of 577.75 feet; Thence
603S38°10'48"E a distance of 551.46 feet; Thence
604S86°25'58"E a distance of 385.80 feet; Thence
605S24°01'11"E a distance of 975.12 feet; Thence
606S57°46'34"E a distance of 530.20 feet; Thence
607S70°04'12"E a distance of 1,843.47 feet; Thence
608N63°01'21"E a distance of 1,214.99 feet; Thence
609S50°03'22"E a distance of 2,565.56 feet; Thence
610S13°56'09"W a distance of 1,953.90 feet; Thence
611S12°51'59"E a distance of 1,862.33 feet; Thence
612S71°59'01"W a distance of 448.53 feet; Thence
613N45°00'57"W a distance of 266.60 feet; Thence
614S69°50'23"W a distance of 1,104.27 feet; Thence
615S28°10'55"E a distance of 1,272.60 feet; Thence
616S62°45'03"W a distance of 4,638.30 feet; Thence
617S82°12'01"W a distance of 711.48 feet; Thence
618S81°38'00"W a distance of 5,167.82 feet; Thence
619N77°54'41"W a distance of 707.32 feet; Thence
620N89°28'15"W a distance of 299.98 feet to a point lying
62150.00 feet East of the East right-of-way line for
622State Road No. 31; Thence along a line 50.00 feet East
623of, and parallel with, the East right-of-way line for
624State Road No. 31, the following courses and
625distances: S00°31'45"W a distance of 4,197.71 feet,
626S00°26'10"W a distance of 5,282.33 feet and
627S00°36'46"W a distance of 5,337.00 feet to the Point
628of Beginning.
629
630Containing 13,630.64 acres, more or less.
631
632Bearings hereinabove mentioned are based on the North
633line of Section 6, Township 43 South, Range 26 East to
634bear S89°41'45"E.
635
636     Section 5.  Governing board; members and meetings;
637organization; powers; duties; terms of office; related election
638requirements.--
639     (1)  The board shall exercise the powers granted to the
640district pursuant to this act. The board shall consist of five
641voting members. Each voting member shall hold office for a term
642of 4 years, except as otherwise provided herein for initial
643board members, and until a successor is chosen and qualified.
644Additionally, Charlotte and Lee Counties, acting through their
645respective boards of county commissioners, are each entitled,
646but under no obligation, to appoint one person to act as a
647representative for the appointing county and liaison to the
648board. Such person may be appointed to serve as liaison to the
649board at any time after the initial landowner's meeting and may
650serve until replaced or removed by the appointing county. Only
651Charlotte and Lee Counties may appoint liaisons to the board,
652and only landowners and qualified electors may elect voting
653members to the board. All members of the board must be residents
654of the state and citizens of the United States. A board liaison
655is entitled to receive all meeting notices and board meeting
656materials in the same manner as a voting member of the board and
657shall be entitled to be heard at board meetings in the same
658manner as board members, except that such person shall not be a
659member of the governing board nor be entitled to vote.
660     (2)(a)  Within 90 days following the effective date of this
661act, there shall be held a meeting of the landowners of the
662district for the purpose of electing five members for the
663district. Notice of the landowners' meeting shall be published
664once a week for 2 consecutive weeks in a newspaper that is in
665general circulation in the area of the district, the last day of
666such publication to be not less than 14 days or more than 28
667days before the date of the election. The landowners, when
668assembled at such meeting, shall organize by electing a chair,
669who shall conduct the meeting. The chair may be any person
670present at the meeting. If the chair is a landowner or proxy
671holder of a landowner, he or she may nominate candidates and
672make and second motions. The landowners present at the meeting,
673in person or by proxy, shall constitute a quorum. At any
674landowners' meeting, 50 percent of the district acreage shall
675not be required to constitute a quorum, and each governing board
676member elected by landowners shall be elected by a majority of
677the acreage represented either by owner or proxy present and
678voting at said meeting.
679     (b)  At such meeting, each landowner shall be entitled to
680cast one vote per acre of land owned by him or her and located
681within the district for each person to be elected. A landowner
682may vote in person or by proxy in writing. Each proxy must be
683signed by one of the legal owners of the property for which the
684vote is cast and must contain the typed or printed name of the
685individual who signed the proxy; the street address, legal
686description of the property, or tax parcel identification
687number; and the number of authorized votes. If the proxy
688authorizes more than one vote, each property must be listed and
689the number of acres of each property must be included. The
690signature on a proxy need not be notarized. A fraction of an
691acre shall be treated as one acre, entitling the landowner to
692one vote with respect thereto. The two candidates receiving the
693highest number of votes shall be elected for terms expiring
694November 30, 2010, and the three candidates receiving the next
695largest number of votes shall be elected for terms expiring
696November 30, 2008, with the term of office for each successful
697candidate commencing upon election. The members of the first
698board elected by landowners shall serve their respective terms;
699however, the next election of board members shall be held on the
700first Tuesday after the first Monday in November 2008.
701Thereafter, there shall be an election by landowners for the
702district every 2 years on the first Tuesday after the first
703Monday in November, which shall be noticed pursuant to paragraph
704(a). The second and subsequent landowners' election shall be
705announced at a public meeting of the board at least 90 days
706prior to the date of the landowners' meeting and shall also be
707noticed pursuant to paragraph (a). Instructions on how all
708landowners may participate in the election, along with sample
709proxies, shall be provided during the board meeting that
710announces the landowners' meeting. Each member elected in or
711after November 2008 shall serve a 4-year term.
712     (3)(a)1.  The board may not exercise the ad valorem taxing
713power or general obligation bond power authorized by this act
714until such time as all members of the board, except for
715nonvoting members, are qualified electors who are elected by
716qualified electors of the district.
717     2.a.  Regardless of whether the district has proposed to
718levy ad valorem taxes or issue general obligation bonds, board
719members initially elected by landowners shall be elected by
720qualified electors of the district as the district becomes
721populated with qualified electors. The transition shall occur
722such that the composition of the board, after the first general
723election following a trigger of the qualified elector population
724thresholds set forth below, shall be as follows:
725     (I)  Once 4,600 qualified electors reside within the
726district, one voting board member shall be a person who was
727elected by the qualified electors, and four voting board members
728shall be persons who were elected by the landowners.
729     (II)  Once 8,900 qualified electors reside within the
730district, two voting board members shall be persons who were
731elected by the qualified electors, and three voting board
732members shall be persons elected by the landowners.
733     (III)  Once 22,000 qualified electors reside within the
734district, three voting board members shall be persons who were
735elected by the qualified electors and two voting board members
736shall be persons who were elected by the landowners.
737     (IV)  Once 24,000 qualified electors reside within the
738district, four voting board members shall be persons who were
739elected by the qualified electors and one voting board member
740shall be a person who was elected by the landowners.
741     (V)  Once 25,000 qualified electors reside within the
742district, all five voting board members shall be persons who
743were elected by the qualified electors.
744
745Nothing in this sub-subparagraph is intended to require an
746election prior to the expiration of an existing board member's
747term.
748     b.  On or before June 1 of each year, the board shall
749determine the number of qualified electors in the district as of
750the immediately preceding April 15. The board shall use and rely
751upon the official records maintained by the supervisor of
752elections and property appraiser or tax collector in and for
753Charlotte County in making this determination. Such
754determination shall be made at a properly noticed meeting of the
755board and shall become a part of the official minutes of the
756district.
757     c.  All governing board members elected by qualified
758electors shall be elected at large at an election occurring as
759provided in subsection (2) and this subsection.
760     d.  Once the district qualifies to have any of its board
761members elected by the qualified electors of the district, the
762initial and all subsequent elections by the qualified electors
763of the district shall be held at the general election in
764November. The board shall adopt a resolution if necessary to
765implement this requirement. The transition process described
766herein is intended to be in lieu of the process set forth in
767section 189.4051, Florida Statutes.
768     (b)  Elections of board members by qualified electors held
769pursuant to this subsection shall be nonpartisan and shall be
770conducted in the manner prescribed by law for holding general
771elections. Board members shall assume the office on the second
772Tuesday after their election.
773     (c)  Candidates seeking election to office by qualified
774electors under this subsection shall conduct their campaigns in
775accordance with the provisions of chapter 106, Florida Statutes,
776and shall file qualifying papers and qualify for individual
777seats in accordance with section 99.061, Florida Statutes.
778Candidates shall pay a qualifying fee, which shall consist of a
779filing fee and, if applicable, an election assessment or, as an
780alternative, shall file a petition signed by not less than 1
781percent of the registered voters of the district, and take the
782oath required in section 99.021, Florida Statutes, with the
783supervisor of elections in the county affected by such
784candidacy. The amount of the filing fee is 3 percent of $4,8000;
785however, if the electors have provided for compensation, the
786amount of the filing fee is 3 percent of the maximum annual
787compensation so provided. The filing fee and election
788assessment, if applicable, shall be distributed as provided in
789section 105.031(3), Florida Statutes.
790     (d)  The supervisor of elections shall appoint the
791inspectors and clerks of elections, prepare and furnish the
792ballots, designate polling places, and canvass the returns of
793the election of board members by qualified electors. The county
794canvassing board shall declare and certify the results of the
795election.
796     (4)  Voting members of the board shall be public officers,
797shall be known as members and, upon entering into office, shall
798take and subscribe to the oath of office as prescribed by
799section 876.05, Florida Statutes. Voting members of the board
800shall be subject to ethics and conflict of interest laws of the
801state that apply to all local public officers. Voting members of
802the board shall hold office for the terms for which they were
803elected and until their successors are chosen and qualified. If,
804during the term of office, a voting member vacancy occurs, the
805remaining voting members of the board shall fill each vacancy by
806an appointment for the remainder of the unexpired term.
807     (5)  Any member of the board may be removed by the Governor
808for malfeasance, misfeasance, dishonesty, incompetency, or
809failure to perform the duties imposed upon him or her by this
810act, and any vacancies that may occur in such office for such
811reasons shall be filled by the Governor as soon as practicable.
812     (6)  A majority of the voting members of the board
813constitutes a quorum for the purposes of conducting its business
814and exercising its powers and for all other purposes. Action
815taken by the district shall be upon a vote of a majority of the
816voting members present unless general law or a rule of the
817district requires a greater number.
818     (7)  As soon as practicable after each election or
819appointment, the board shall organize by electing one of its
820voting members as chair and by electing a secretary, who need
821not be a member of the board, and such other officers as the
822board may deem necessary.
823     (8)  The board shall keep a permanent record book entitled
824"Record of Proceedings of Babcock Ranch Community Independent
825Special District," in which shall be recorded minutes of all
826meetings, resolutions, proceedings, certificates, bonds given by
827all employees, and any and all corporate acts. The record book
828and all other district records shall at reasonable times be
829opened to inspection in the same manner as state, county, and
830municipal records pursuant to chapter 119, Florida Statutes. The
831record book shall be kept at the office or other regular place
832of business maintained by the board in a designated location in
833Charlotte County.
834     (9)  Each voting member of the board shall be entitled to
835receive for his or her services an amount not to exceed $200 per
836meeting of the board, not to exceed $4,800 per year per member,
837or an amount established by the electors at referendum. In
838addition, each voting member of the board shall receive travel
839and per diem expenses as set forth in section 112.061, Florida
840Statutes.
841     (10)  All meetings of the board shall be open to the public
842and governed by the provisions of chapter 286, Florida Statutes.
843     Section 6.  Governing board; general duties.--
844     (1)  DISTRICT MANAGER AND EMPLOYEES.--The board shall
845employ and fix the compensation of a district manager, who shall
846have charge and supervision of the works of the district and
847shall be responsible for preserving and maintaining any
848improvement or facility constructed or erected pursuant to the
849provisions of this act, for maintaining and operating the
850equipment owned by the district, and for performing such other
851duties as may be prescribed by the board. It shall not be a
852conflict of interest under chapter 112, Florida Statutes, for a
853board member, the district manager, or another employee of the
854district to be a stockholder, officer, or employee of a
855landowner. The district manager may hire or otherwise employ and
856terminate the employment of such other persons, including,
857without limitation, professional, supervisory, and clerical
858employees, as may be necessary and authorized by the board. The
859compensation and other conditions of employment of the officers
860and employees of the district shall be as provided by the board.
861     (2)  TREASURER.--The board shall designate a person who is
862a resident of the state as treasurer of the district, who shall
863have charge of the funds of the district. Such funds shall be
864disbursed only upon the order of or pursuant to a resolution of
865the board by warrant or check countersigned by the treasurer and
866by such other person as may be authorized by the board. The
867board may give the treasurer such other or additional powers and
868duties as the board may deem appropriate and may fix his or her
869compensation. The board may require the treasurer to give a bond
870in such amount, on such terms, and with such sureties as may be
871deemed satisfactory to the board to secure the performance by
872the treasurer of his or her powers and duties. The financial
873records of the board shall be audited by an independent
874certified public accountant at least once a year.
875     (3)  PUBLIC DEPOSITORY.--The board is authorized to select
876as a depository for its funds any qualified public depository as
877defined in section 280.02, Florida Statutes, that meets all the
878requirements of chapter 280, Florida Statutes, and has been
879designated by the treasurer as a qualified public depository
880upon such terms and conditions as to the payment of interest by
881such depository upon the funds so deposited as the board may
882deem just and reasonable.
883     (4)  BUDGET; REPORTS AND REVIEWS.--
884     (a)  The district shall provide financial reports in such
885form and manner as prescribed pursuant to this act and chapter
886218, Florida Statutes.
887     (b)  On or before July 15 of each year, the district
888manager shall prepare a proposed budget for the ensuing fiscal
889year to be submitted to the board for board approval. The
890proposed budget shall include at the direction of the board an
891estimate of all necessary expenditures of the district for the
892ensuing fiscal year and an estimate of income to the district
893from the taxes and assessments provided in this act. The board
894shall consider the proposed budget item by item and may either
895approve the budget as proposed by the district manager or modify
896the same in part or in whole. The board shall indicate its
897approval of the budget by resolution, which resolution shall
898provide for a hearing on the budget as approved. Notice of the
899hearing on the budget shall be published in a newspaper of
900general circulation in the area of the district once a week for
9012 consecutive weeks, except that the first publication shall be
902not fewer than 15 days prior to the date of the hearing. The
903notice shall further contain a designation of the day, time, and
904place of the public hearing. At the time and place designated in
905the notice, the board shall hear all objections to the budget as
906proposed and may make such changes as the board deems necessary.
907At the conclusion of the budget hearing, the board shall, by
908resolution, adopt the budget as finally approved by the board.
909The budget shall be adopted prior to October 1 of each year.
910     (c)  At least 60 days prior to adoption, the board of the
911district shall submit to the Charlotte County Board of County
912Commissioners, for purposes of disclosure and information only,
913the proposed annual budget for the ensuing fiscal year, and the
914board of county commissioners may submit written comments to the
915board of the district solely for the assistance and information
916of the board of the district in adopting its annual district
917budget.
918     (d)  The board of the district shall submit annually to the
919Charlotte County Board of County Commissioners its district
920public facilities report under section 189.415(2), Florida
921Statutes, which report the board of county commissioners shall
922use and rely on in the preparation or revision of its
923comprehensive plan, specifically under section 189.415(6),
924Florida Statutes.
925     (5)  DISCLOSURE OF PUBLIC FINANCING.--The district shall,
926in accordance with all applicable general law, provide for the
927full disclosure of information relating to the public financing
928and maintenance of improvements to real property undertaken by
929the district. Such information shall be made available to all
930existing residents and all prospective residents of the
931district. The district shall furnish each developer of a
932residential development within the district with sufficient
933copies of that information to provide each prospective initial
934purchaser of property in that development with a copy. Any
935developer of a residential development within the district, when
936required by law to provide a public offering statement, shall
937include a copy of such information relating to the public
938financing and maintenance of improvements in the public offering
939statement. The Division of Florida Land Sales, Condominiums, and
940Mobile Homes of the Department of Business and Professional
941Regulation shall ensure that disclosures made by developers
942pursuant to chapter 498, Florida Statutes, meet the requirements
943of section 190.009(1), Florida Statutes.
944     (6)  GENERAL POWERS.--The district shall have, and the
945board may exercise, the following general powers:
946     (a)  To sue and be sued in the name of the district; to
947adopt and use a seal and authorize the use of a facsimile
948thereof; to acquire, by purchase, gift, devise, or otherwise,
949and to dispose of, real and personal property, or any estate
950therein; and to make and execute contracts and other instruments
951necessary or convenient to the exercise of its powers.
952     (b)  To apply for coverage of its employees under the
953Florida Retirement System in the same manner as if such
954employees were state employees, subject to necessary action by
955the district to pay employer contributions into the Florida
956Retirement System Trust Fund.
957     (c)  To contract for the services of consultants to perform
958planning, engineering, legal, or other appropriate services of a
959professional nature. Such contracts shall be subject to public
960bidding or competitive negotiation requirements as set forth in
961general law applicable to independent special districts.
962     (d)  To borrow money and accept gifts; to apply for and use
963grants or loans of money or other property from the United
964States, the state, a unit of local government, or any person for
965any district purposes and enter into agreements required in
966connection therewith; and to hold, use, and dispose of such
967moneys or property for any district purposes in accordance with
968the terms of the gift, grant, loan, or agreement relating
969thereto.
970     (e)  To adopt and enforce rules and orders pursuant to the
971provisions of chapter 120, Florida Statutes, prescribing the
972powers, duties, and functions of the officers of the district;
973the conduct of the business of the district; the maintenance of
974records; and the form of certificates evidencing tax liens and
975all other documents and records of the district. The board may
976also adopt and enforce administrative rules with respect to any
977of the projects of the district and define the area to be
978included therein. The board may also adopt resolutions that may
979be necessary for the conduct of district business.
980     (f)  To maintain an office at such place or places as the
981board designates in Charlotte County, and within the district
982when facilities are available.
983     (g)  To hold, control, and acquire by donation or purchase,
984or dispose of, any public easements, dedications to public use,
985platted reservations for public purposes, or any reservations
986for those purposes authorized by this act and to make use of
987such easements, dedications, or reservations for the purposes
988authorized by this act.
989     (h)  To lease as lessor or lessee to or from any person,
990firm, corporation, association, or body, public or private, any
991projects of the type that the district is authorized to
992undertake and facilities or property of any nature for the use
993of the district to carry out the purposes authorized by this
994act.
995     (i)  To borrow money and issue bonds, certificates,
996warrants, notes, or other evidence of indebtedness as
997hereinafter provided; to levy such taxes and assessments as may
998be authorized; and to charge, collect, and enforce fees and
999other user charges.
1000     (j)  To raise, by user charges or fees authorized by
1001resolution of the board, amounts of money necessary for the
1002conduct of district activities and services and to enforce their
1003receipt and collection in the manner prescribed by resolution
1004not inconsistent with law.
1005     (k)  To cooperate with, or contract with, other
1006governmental agencies as may be necessary, convenient,
1007incidental, or proper in connection with any of the powers,
1008duties, or purposes authorized by this act.
1009     (l)  To assess and to impose upon lands in the district ad
1010valorem taxes as provided by this act.
1011     (m)  If and when authorized by general law, to determine,
1012order, levy, impose, collect, and enforce maintenance taxes.
1013     (n)  To determine, order, levy, impose, collect, and
1014enforce assessments pursuant to this act and the general laws of
1015the state.
1016     (o)  To hold, control and acquire by donation, purchase, or
1017condemnation (subject to the limitation on the district's
1018eminent domain powers as set forth below), or dispose of, any
1019public easements, dedications to public use, platted
1020reservations for public purposes, or any reservations for those
1021purposes authorized by this act, both within and outside the
1022boundaries of the district, and to make use of such easements,
1023dedications, or reservations for the purposes authorized by this
1024act.
1025     (p)  To exercise within the district, or beyond the
1026district with prior approval by resolution of the governing body
1027of the county in which the taking will occur, the right and
1028power of eminent domain, pursuant to the provisions of chapters
102973 and 74, Florida Statutes, over any property within the state,
1030except municipal, county, state, and federal property, for the
1031uses and purposes of the district relating solely to water,
1032sewer, transportation improvements as outlined in subsection
1033(7), and water management, specifically including, without
1034limitation, the power for the taking of easements for the
1035drainage of the land of one person over and through the land of
1036another.
1037     (q)  To exercise such special powers and other express
1038powers as may be authorized and granted by this act in the
1039charter of the district, including powers as provided in any
1040interlocal agreement entered into pursuant to chapter 163,
1041Florida Statutes, or that shall be required or permitted to be
1042undertaken by the district pursuant to any development order or
1043development of regional impact, or any other agreement with
1044Charlotte County or other governmental entities, including,
1045without limitation, any school district, sheriff, fire district,
1046drainage district, and health care district for proportionate,
1047fair-share, or pipelining capital construction funding for any
1048certain capital facilities or systems required from the
1049development pursuant to any applicable development order or
1050agreement.
1051     (r)  To exercise all of the powers necessary, convenient,
1052incidental, or proper in connection with any other powers or
1053duties or the special purpose of the district authorized by this
1054act.
1055     (s)  To carry out any conditions of any development
1056approval, development order, or agreement applicable to the
1057development of the Babcock Ranch Community that relates to the
1058provisions of infrastructure, including roads and other on-site
1059and off-site improvements and any surety obligations relating
1060thereto.
1061
1062The provisions of this subsection shall be construed liberally
1063in order to carry out effectively the specialized purpose of
1064this act.
1065     (7)  SPECIAL POWERS.--The district shall have, and the
1066board may exercise, the following special powers to implement
1067its lawful and special purpose and to provide, pursuant to that
1068purpose, systems, facilities, services, improvements, projects,
1069works, and infrastructure, each of which constitutes a lawful
1070public purpose when exercised pursuant to this charter, subject
1071to, and not inconsistent with, the regulatory jurisdiction and
1072permitting authority of all other applicable governmental
1073bodies, agencies, and any special districts having authority
1074with respect to any area included therein, and to plan,
1075establish, acquire, construct or reconstruct, enlarge or extend,
1076equip, operate, finance, fund, and maintain improvements,
1077systems, facilities, services, works, projects, and
1078infrastructure, including, without limitation, any obligations
1079pursuant to a development order or agreement. Any or all of the
1080following special powers are granted by this act in order to
1081implement the special purpose of the district:
1082     (a)  To provide water management and control for the lands
1083within the district and to connect some or any of such
1084facilities with roads and bridges. In the event that the board
1085assumes the responsibility for providing water management and
1086control for the district that is to be financed by benefit
1087special assessments, the board shall adopt plans and assessments
1088pursuant to law or may adopt water management and control plans,
1089assess for benefits, and apportion and levy special assessments,
1090as follows:
1091     1.  The board shall cause to be made by the district's
1092engineer, or such other engineer or engineers as the board may
1093employ for that purpose, complete and comprehensive water
1094management and control plans for the lands located within the
1095district that will be improved in any part or in whole by any
1096system of facilities that may be outlined and adopted, and the
1097engineer shall make a report in writing to the board with maps
1098and profiles of said surveys and an estimate of the cost of
1099carrying out and completing the plans.
1100     2.  Upon the completion of such plans, the board shall hold
1101a hearing thereon to hear objections thereto; shall give notice
1102of the time and place fixed for such hearing by publication once
1103each week for 2 consecutive weeks in a newspaper of general
1104circulation in the general area of the district; and shall
1105permit the inspection of the plan at the office of the district
1106by all persons interested. All objections to the plan shall be
1107filed at or before the time fixed in the notice for the hearing
1108and shall be in writing.
1109     3.  After the hearing, the board shall consider the
1110proposed plan and any objections thereto and may modify, reject,
1111or adopt the plan or continue the hearing until a day certain
1112for further consideration of the proposed plan or modifications
1113thereof.
1114     4.  When the board approves a plan, a resolution shall be
1115adopted and a certified copy thereof shall be filed in the
1116office of the secretary and incorporated by him or her into the
1117records of the district.
1118     5.  The water management and control plan may be altered in
1119detail from time to time until the appraisal record herein
1120provided is filed but not in such manner as to affect materially
1121the conditions of its adoption. After the appraisal record has
1122been filed, no alteration of the plan shall be made, except as
1123provided by this act.
1124     6.  Within 20 days after the final adoption of the plan by
1125the board, the board shall proceed pursuant to section 298.301,
1126Florida Statutes.
1127     (b)  To provide for water supply, sewer, and wastewater
1128management, reclamation, and reuse, or any combination thereof,
1129and any irrigation systems, facilities, and services and to
1130construct and operate connecting intercepting or outlet sewers
1131and sewer mains and pipes and water mains, conduits, or
1132pipelines in, along, and under any street, alley, highway, or
1133other public place or ways, and to dispose of any effluent,
1134residue, or other byproducts of such system or sewer system.
1135     1.  The district may not purchase or sell a water, sewer,
1136or wastewater reuse utility that provides service to the public
1137for compensation, or enter into a wastewater facility
1138privatization contract for a wastewater facility, until the
1139governing body of the district has held a public hearing on the
1140purchase, sale, or wastewater facility privatization contract
1141and made a determination that the purchase, sale, or wastewater
1142facility privatization contract is in the public interest.
1143     2.  In determining if the purchase, sale, or wastewater
1144facility privatization contract is in the public interest, the
1145district shall consider, at a minimum, the following:
1146     a.  The most recent available income and expense statement
1147for the utility.
1148     b.  The most recent available balance sheet for the
1149utility, listing assets and liabilities and clearly showing the
1150amount of contributions in aid of construction and the
1151accumulated depreciation thereon.
1152     c.  A statement of the existing rate base of the utility
1153for regulatory purposes.
1154     d.  The physical condition of the utility facilities being
1155purchased or sold or subject to a wastewater facility
1156privatization contract.
1157     e.  The reasonableness of the purchase, sale, or wastewater
1158facility privatization contract price and terms.
1159     f.  The impacts of the purchase, sale, or wastewater
1160facility privatization contract on utility customers, both
1161positive and negative.
1162     g.  Any additional investment required and the ability and
1163willingness of the purchaser or the private firm under a
1164wastewater facility privatization contract to make that
1165investment, whether the purchaser is the district or the entity
1166purchasing the utility from the district.
1167     h.  In the case of a wastewater facility privatization
1168contract, the terms and conditions on which the private firm
1169will provide capital investment and financing or a combination
1170thereof for contemplated capital replacements, additions,
1171expansions, and repairs.
1172     i.  The alternatives to the purchase, sale, or wastewater
1173facility privatization contract and the potential impact on
1174utility customers if the purchase, sale, or wastewater facility
1175privatization contract is not made.
1176     j.  The ability of the purchaser or the private firm under
1177a wastewater facility privatization contract to provide and
1178maintain high-quality and cost-effective utility service,
1179whether the purchaser is the district or the entity purchasing
1180the utility from the district.
1181     k.  In the case of a wastewater facility privatization
1182contract, the district shall give significant weight to the
1183technical expertise and experience of the private firm in
1184carrying out the obligations specified in the wastewater
1185facility privatization contract.
1186     1.  All moneys paid by a private firm to a district
1187pursuant to a wastewater facility privatization contract shall
1188be used for the purpose of reducing or offsetting property
1189taxes, wastewater service rates, or debt reduction or making
1190infrastructure improvements or capital asset expenditures or
1191other public purpose, provided, however, that nothing herein
1192shall preclude the district from using all or part of the moneys
1193for the purpose of the district's qualification for relief from
1194the repayment of federal grant awards associated with the
1195wastewater system as may be required by federal law or
1196regulation. The district shall prepare a statement showing that
1197the purchase, sale, or wastewater facility privatization
1198contract is in the public interest, including a summary of the
1199purchaser's or private firm's experience in water, sewer, or
1200wastewater reuse utility operation and a showing of financial
1201ability to provide the service, whether the purchaser or private
1202firm is the district or the entity purchasing the utility from
1203the district.
1204     (c)  To provide for bridges or culverts that may be needed
1205across any drain, ditch, canal, floodway, holding basin,
1206excavation, public highway, tract, grade, fill, or cut and
1207roadways over levees and embankments, and to construct any and
1208all of such works and improvements across, through, or over any
1209public right-of-way, highway, grade, fill, or cut.
1210     (d)  To provide for transportation and transportation-
1211related improvements equal to or exceeding the specifications of
1212the county in which such transportation improvements are
1213located, which specifications may include, but not be limited
1214to, those outlined in conditions of development approval. Such
1215transportation and transportation-related improvements may
1216include, but are not limited to, highways, streets, roads,
1217alleys, trails, pathways, sidewalks, parkways, bicycle lanes,
1218jogging paths, interchanges, bridges, thoroughfares of all kinds
1219and descriptions, landscaping, hardscaping, irrigation, storm
1220drains, street lighting, traffic signals, regulatory or
1221informational signage, road striping, underground conduit,
1222underground cable or fiber or wire, parking facilities, and all
1223other related elements of a functioning transportation system in
1224general or as related to the conditions of a development
1225approval affecting the Babcock Ranch Community. Such
1226transportation improvements may be located on-site or off-site;
1227provided, however, that any off-site transportation improvements
1228must be required or approved by the local general purpose
1229government in which they are located.
1230     (e)  To provide buses, trolleys, transit shelters and
1231services, ridesharing facilities and services, parking
1232improvements, and related signage.
1233     (f)  To provide investigation and remediation costs
1234associated with the cleanup of actual or perceived environmental
1235contamination within the district under the supervision or
1236direction of a competent governmental authority unless the
1237covered costs benefit any person who is a landowner within the
1238district and who caused or contributed to the contamination.
1239     (g)  To provide for observation areas, conservation areas,
1240mitigation areas, wildlife areas and wildlife habitat within or
1241outside the district, including the maintenance of any plant or
1242animal species, and any related interest in real or personal
1243property.
1244     (h)  To provide for parks and facilities for indoor and
1245outdoor recreational, cultural, educational, and library uses.
1246     (i)  To provide for fire prevention and control, including
1247fire stations, water mains and plugs, fire trucks, and other
1248vehicles and equipment.
1249     (j)  To establish and maintain emergency medical and rescue
1250response services, and acquire and maintain rescue, medical, and
1251other emergency equipment.
1252     (k)  To provide for school buildings and related
1253structures, which may be leased, sold, or donated to the school
1254district, for use in the educational system when authorized by
1255the affected school board of Charlotte County. The district is
1256granted the special power to contract with the school boards of
1257Charlotte and Lee counties and, as applicable, the boards of
1258county commissioners of Charlotte and Lee Counties, and with the
1259applicable landowner developer of the lands within the district,
1260to assess the school district educational facilities plan, and
1261to implement a management and financing plan for timely
1262construction, maintenance, and acquisition, at the option of the
1263district, of school facilities, including facilities identified
1264in the facilities work programs or those proposed by charter
1265schools. The district is granted the special power to determine,
1266order, levy, impose, collect, or arrange for the collection and
1267enforcement of assessments, as defined in and pursuant to this
1268act, for such school facilities. The district is eligible for
1269the financial enhancements available to educational facility
1270benefit districts to provide for financing the construction and
1271maintenance of educational facilities pursuant to section
12721013.356, Florida Statutes, and, if and when authorized by
1273general law, to acquire such educational facilities. This act,
1274in the place of an educational facilities benefit district,
1275authorizes the affected school board to designate the district.
1276The district is authorized to enter into an interlocal agreement
1277with the affected school board and, as applicable, the affected
1278county, and applicable private landowners and developers in
1279order to provide for such construction, maintenance, and
1280acquisition and in order to receive the applicable financial
1281enhancements provided by section 1013.356, Florida Statutes. The
1282interlocal agreement shall consider, among other things,
1283absorption rates, sales rates, and related data of existing and
1284projected schools; racial, ethnic, social, and economic balance
1285within the affected school district under applicable state and
1286federal law; and the provision of school attendance zones to
1287allow students residing within a reasonable distance of the
1288facilities constructed and financed through the interlocal
1289agreement to attend such facilities. Because these facilities
1290are funded by assessments and not by taxes of any type, the
1291provision of these facilities may be multiuse and, consistent
1292with the provisions of this act, shall be first liens on the
1293property upon a showing of special and peculiar benefits that
1294flow to the property within the jurisdiction of the district as
1295a logical connection from the systems, facilities, and services,
1296resulting in added use, enhanced enjoyment, decreased insurance
1297premiums, or enhanced value in marketability so that the
1298Legislature finds that the provisions of the Florida
1299Constitution for free public schools is implemented and
1300enhanced. Nothing herein requires any change in the method of
1301election of the governing board of the district provided for in
1302section 5.
1303     (l)  To provide for security, including, but not limited
1304to, guardhouses, fences, and gates, electronic intrusion-
1305detection systems, and patrol cars, when authorized by proper
1306governmental agencies; provided, however, the district may not
1307exercise any powers of a law enforcement agency but may contract
1308with the appropriate local general-purpose government agencies
1309for an increased level of such services within the district
1310boundaries. The district may operate guardhouses for the limited
1311purpose of providing security for the residents of the district
1312and that serve a predominate public, as opposed to private,
1313purpose. Such guardhouses shall be operated by the district or
1314any other unit of local government pursuant to procedures
1315designed to serve such security purposes as set forth in rules
1316adopted by the board, from time to time, following the
1317procedures set forth in chapter 120, Florida Statutes.
1318     (m)  To provide control and elimination of mosquitoes and
1319other arthropods of public health importance.
1320     (n)  To provide waste collection and disposal.
1321     (o)  To enter into impact fee credit agreements with
1322Charlotte and Lee Counties and their respective school boards.
1323Under such agreements, if the district constructs or makes
1324contributions for public systems, facilities, services,
1325projects, improvements, works, and infrastructures for which
1326impact fee credits would be available to the landowner developer
1327under the applicable impact fee ordinance, the agreement
1328authorized by this act shall provide that such impact fee credit
1329shall inure to the landowners within the district in proportion
1330to assessments or other burdens levied and imposed upon the
1331landowners with respect to assessable improvements giving rise
1332to such impact fee credits, and the district shall from time to
1333time execute such instruments, such as assignments of impact fee
1334credits, as may be necessary, appropriate, or desirable to
1335accomplish or to confirm the foregoing.
1336     (p)  To provide buildings and structures for district
1337offices, maintenance facilities, meeting facilities, town
1338centers, or any other project authorized or granted by this act.
1339     (q)  To establish and create, at noticed meetings, such
1340governmental departments of the governing board of the district,
1341as well as committees, task forces, boards, or commissions, or
1342other agencies under the supervision and control of the
1343district, as from time to time the members of the board may deem
1344necessary or desirable in the performance of the acts or other
1345things necessary to exercise the board's general or special
1346powers to implement an innovative project to carry out the
1347special purpose of the district as provided in this act and to
1348delegate the exercise of its powers to such departments, boards,
1349task forces, committees, or other agencies and such
1350administrative duties and other powers as the board may deem
1351necessary or desirable, but only if there is a set of expressed
1352limitations for accountability, notice, and periodic written
1353reporting to the board that shall retain the powers of the
1354board.
1355     (r)  To provide for any facilities or improvements that may
1356otherwise be provided for by any county or municipality,
1357including, but not limited to, libraries, annexes, substations,
1358and other buildings to house public officials, staff, and
1359employees.
1360     (s)  To provide for affordable housing and affordable
1361housing assistance in accordance with section 189.4155(6),
1362Florida Statutes, and other provisions of general law.
1363     (t)  To provide for the construction and operation of
1364communications systems and related infrastructure for the
1365carriage and distribution of communications services, and to
1366enter into joint ventures, public-private partnerships, and
1367other agreements and to grant such easements as may be necessary
1368to accomplish the foregoing. Communications systems shall mean
1369all facilities, buildings, equipment, items, and methods
1370necessary or desirable in order to provide communications
1371services, including, without limitation, wires, cables,
1372conduits, wireless cell sites, computers, modems, satellite
1373antennae sites, transmission facilities, network facilities, and
1374appurtenant devices necessary and appropriate to support the
1375provision of communications services. Communications services
1376includes without limitation internet, voice telephone or similar
1377services provided by voice over internet protocol, cable
1378television, data transmission services, electronic security
1379monitoring services, and multi-channel video programming
1380distribution services.
1381     (u)  To provide electricity and related infrastructure and
1382to enter into public-private partnerships and agreements as may
1383be necessary to accomplish the foregoing.
1384     (v)  To provide health care facilities and to enter into
1385public-private partnerships and agreements as may be necessary
1386to accomplish the foregoing.
1387     (w)  To coordinate, work with, and, as the board deems
1388appropriate, enter into interlocal agreements with any public or
1389private entity for the provision of an institution or
1390institutions of higher education.
1391     (x)  To exercise its general and special powers as set
1392forth in this act within or without the boundaries of the
1393district when the subject of such exercise is approved or
1394required by a development order, or is the subject of an
1395agreement with the county, school district, or with any other
1396applicable public or private entity, and is not inconsistent
1397with the effective local comprehensive plans.
1398
1399The enumeration of special powers herein shall not be deemed
1400exclusive or restrictive but shall be deemed to incorporate all
1401powers, express or implied, necessary or incident to carrying
1402out such enumerated special powers, including the general powers
1403provided by this special act charter to the district to
1404implement its single purpose. Further, the provisions of this
1405subsection shall be construed liberally in order to carry out
1406effectively the special purpose of this district under this act.
1407However, nothing contained herein shall relieve the district of
1408its obligation to obtain a resolution from the affected county
1409prior to exercising its eminent domain authority outside of the
1410district boundaries pursuant to section 6.
1411     (8)  ISSUANCE OF BOND ANTICIPATION NOTES.--In addition to
1412the other powers provided for in this act, and not in limitation
1413thereof, the district shall have the power, at any time and from
1414time to time after the issuance of any bonds of the district
1415shall have been authorized, to borrow money for the purposes for
1416which such bonds are to be issued in anticipation of the receipt
1417of the proceeds of the sale of such bonds and to issue bond
1418anticipation notes in a principal sum not in excess of the
1419authorized maximum amount of such bond issue. Such notes shall
1420be in such denomination or denominations, bear interest at such
1421rate as the board may determine not to exceed the maximum rate
1422allowed by general law, mature at such time or times not later
1423than 5 years from the date of issuance, and be in such form and
1424executed in such manner as the board shall prescribe. Such notes
1425may be sold at either public or private sale or, if such notes
1426shall be renewal notes, may be exchanged for notes then
1427outstanding on such terms as the board shall determine. Such
1428notes shall be paid from the proceeds of such bonds when issued.
1429The board may, in its discretion, in lieu of retiring the notes
1430by means of bonds, retire them by means of current revenues or
1431from any taxes or assessments levied for the payment of such
1432bonds, but, in such event, a like amount of the bonds authorized
1433shall not be issued.
1434     (9)  BORROWING.--The district at any time may obtain loans,
1435in such amount and on such terms and conditions as the board may
1436approve, for the purpose of paying any of the expenses of the
1437district or any costs incurred or that may be incurred in
1438connection with any of the projects of the district, which loans
1439shall bear interest as the board determines, not to exceed the
1440maximum rate allowed by general law, and may be payable from and
1441secured by a pledge of such funds, revenues, taxes, and
1442assessments as the board may determine, subject, however, to the
1443provisions contained in any proceeding under which bonds were
1444theretofore issued and are then outstanding. For the purpose of
1445defraying such costs and expenses, the district may issue
1446negotiable notes, warrants, or other evidences of debt to be
1447payable at such times and to bear such interest as the board may
1448determine, not to exceed the maximum rate allowed by general
1449law, and to be sold or discounted at such price or prices not
1450less than 95 percent of par value and on such terms as the board
1451may deem advisable. The board shall have the right to provide
1452for the payment thereof by pledging the whole or any part of the
1453funds, revenues, taxes, and assessments of the district. The
1454approval of the electors residing in the district shall not be
1455necessary except when required by the State Constitution.
1456     (10)  BONDS.--
1457     (a)  Sale of bonds.--Bonds may be sold in blocks or
1458installments at different times, or an entire issue or series
1459may be sold at one time. Bonds may be sold at public or private
1460sale after such advertisement, if any, as the board may deem
1461advisable but not in any event at less than 90 percent of the
1462par value thereof, together with accrued interest thereon. Bonds
1463may be sold or exchanged for refunding bonds. Special assessment
1464and revenue bonds may be delivered by the district as payment of
1465the purchase price of any project or part thereof, or a
1466combination of projects or parts thereof, or as the purchase
1467price or exchange for any property, real, personal, or mixed,
1468including franchises or services rendered by any contractor,
1469engineer, or other person, all at one time or in blocks from
1470time to time, in such manner and upon such terms as the board in
1471its discretion shall determine. The price or prices for any
1472bonds sold, exchanged, or delivered may be:
1473     1.  The money paid for the bonds.
1474     2.  The principal amount, plus accrued interest to the date
1475of redemption or exchange, or outstanding obligations exchanged
1476for refunding bonds.
1477     3.  In the case of special assessment or revenue bonds, the
1478amount of any indebtedness to contractors or other persons paid
1479with such bonds, or the fair value of any properties exchanged
1480for the bonds, as determined by the board.
1481     (b)  Authorization and form of bonds.--Any general
1482obligation bonds, special assessment bonds, or revenue bonds may
1483be authorized by resolution or resolutions of the board that
1484shall be adopted by a majority of all the voting members thereof
1485then in office. Such resolution or resolutions may be adopted at
1486the same meeting at which they are introduced and need not be
1487published or posted. The board may, by resolution, authorize the
1488issuance of bonds and fix the aggregate amount of bonds to be
1489issued; the purpose or purposes for which the moneys derived
1490therefrom shall be expended, including, but not limited to,
1491payment of costs as defined in this act; the rate or rates of
1492interest, not to exceed the maximum rate allowed by general law;
1493the denomination of the bonds; whether or not the bonds are to
1494be issued in one or more series; the date or dates of maturity,
1495which shall not exceed 40 years from their respective dates of
1496issuance; the medium of payment; the place or places within or
1497without the state at which payment shall be made; registration
1498privileges; redemption terms and privileges, whether with or
1499without premium; the manner of execution; the form of the bonds,
1500including any interest coupons to be attached thereto; the
1501manner of execution of bonds and coupons; and any and all other
1502terms, covenants, and conditions thereof and the establishment
1503of revenue or other funds. Such authorizing resolution or
1504resolutions may further provide for the contracts authorized by
1505section 159.825(1)(f) and (g), Florida Statutes, regardless of
1506the tax treatment of such bonds being authorized, subject to the
1507finding by the board of a net saving to the district resulting
1508by reason thereof. Such authorizing resolution may further
1509provide that such bonds may be executed in accordance with the
1510Registered Public Obligations Act, except that bonds not issued
1511in registered form shall be valid if manually countersigned by
1512an officer designated by appropriate resolution of the board.
1513The seal of the district may be affixed, lithographed, engraved,
1514or otherwise reproduced in facsimile on such bonds. In case any
1515officer whose signature shall appear on any bonds or coupons
1516shall cease to be such officer before the delivery of such
1517bonds, such signature or facsimile shall nevertheless be valid
1518and sufficient for all purposes the same as if he or she had
1519remained in office until such delivery.
1520     (c)  Interim certificates; replacement
1521certificates.--Pending the preparation of definitive bonds, the
1522board may issue interim certificates or receipts or temporary
1523bonds, in such form and with such provisions as the board may
1524determine, exchangeable for definitive bonds when such bonds
1525have been executed and are available for delivery. The board may
1526also provide for the replacement of any bonds that become
1527mutilated, lost, or destroyed.
1528     (d)  Negotiability of bonds.--Any bond issued under this
1529act or any temporary bond, in the absence of an express recital
1530on the face thereof that it is nonnegotiable, shall be fully
1531negotiable and shall be and constitute a negotiable instrument
1532within the meaning and for all purposes of the law merchant and
1533the laws of the state.
1534     (e)  Defeasance.--The board may make such provision with
1535respect to the defeasance of the right, title, and interest of
1536the holders of any of the bonds and obligations of the district
1537in any revenues, funds, or other properties by which such bonds
1538are secured as the board deems appropriate and, without
1539limitation on the foregoing, may provide that when such bonds or
1540obligations become due and payable or shall have been called for
1541redemption and the whole amount of the principal and interest
1542and premium, if any, due and payable upon the bonds or
1543obligations then outstanding shall be held in trust for such
1544purpose, and provision shall also be made for paying all other
1545sums payable in connection with such bonds or other obligations,
1546then and in such event the right, title, and interest of the
1547holders of the bonds in any revenues, funds, or other properties
1548by which such bonds are secured shall thereupon cease,
1549terminate, and become void; and the board may apply any surplus
1550in any sinking fund established in connection with such bonds or
1551obligations and all balances remaining in all other funds or
1552accounts other than moneys held for the redemption or payment of
1553the bonds or other obligations to any lawful purpose of the
1554district as the board shall determine.
1555     (f)  Issuance of additional bonds.--If the proceeds of any
1556bonds are less than the cost of completing the project in
1557connection with which such bonds were issued, the board may
1558authorize the issuance of additional bonds, upon such terms and
1559conditions as the board may provide in the resolution
1560authorizing the issuance thereof, but only in compliance with
1561the resolution or other proceedings authorizing the issuance of
1562the original bonds.
1563     (g)  Refunding bonds.--The district shall have the power to
1564issue bonds to provide for the retirement or refunding of any
1565bonds or obligations of the district that at the time of such
1566issuance are or subsequent thereto become due and payable, or
1567that at the time of issuance have been called or are or will be
1568subject to call for redemption within 10 years thereafter, or
1569the surrender of which can be procured from the holders thereof
1570at prices satisfactory to the board. Refunding bonds may be
1571issued at any time that in the judgment of the board such
1572issuance will be advantageous to the district. No approval of
1573the qualified electors residing in the district shall be
1574required for the issuance of refunding bonds except in cases in
1575which such approval is required by the State Constitution. The
1576board may by resolution confer upon the holders of such
1577refunding bonds all rights, powers, and remedies to which the
1578holders would be entitled if they continued to be the owners and
1579had possession of the bonds for the refinancing of which such
1580refunding bonds are issued, including, but not limited to, the
1581preservation of the lien of such bonds on the revenues of any
1582project or on pledged funds, without extinguishment, impairment,
1583or diminution thereof. The provisions of this act pertaining to
1584bonds of the district shall, unless the context otherwise
1585requires, govern the issuance of refunding bonds, the form and
1586other details thereof, the rights of the holders thereof, and
1587the duties of the board with respect to them.
1588     (h)  Revenue bonds.--
1589     1.  The district shall have the power to issue revenue
1590bonds from time to time without limitation as to amount. Such
1591revenue bonds may be secured by, or payable from, the gross or
1592net pledge of the revenues to be derived from any project or
1593combination of projects; from the rates, fees, or other charges
1594to be collected from the users of any project or projects; from
1595any revenue-producing undertaking or activity of the district;
1596from special assessments; or from benefit special assessments;
1597or from any other source or pledged security. Such bonds shall
1598not constitute an indebtedness of the district, and the approval
1599of the qualified electors shall not be required unless such
1600bonds are additionally secured by the full faith and credit and
1601taxing power of the district.
1602     2.  Any two or more projects may be combined and
1603consolidated into a single project and may hereafter be operated
1604and maintained as a single project. The revenue bonds authorized
1605herein may be issued to finance any one or more of such
1606projects, regardless of whether or not such projects have been
1607combined and consolidated into a single project. If the board
1608deems it advisable, the proceedings authorizing such revenue
1609bonds may provide that the district may thereafter combine the
1610projects then being financed or theretofore financed with other
1611projects to be subsequently financed by the district and that
1612revenue bonds to be thereafter issued by the district shall be
1613on parity with the revenue bonds then being issued, all on such
1614terms, conditions, and limitations as shall have been provided
1615in the proceeding which authorized the original bonds.
1616     (i)  General obligation bonds.--
1617     1.  Subject to the limitations of this charter, the
1618district shall have the power from time to time to issue general
1619obligation bonds to finance or refinance capital projects or to
1620refund outstanding bonds in an aggregate principal amount of
1621bonds outstanding at any one time not in excess of 35 percent of
1622the assessed value of the taxable property within the district
1623as shown on the pertinent tax records at the time of the
1624authorization of the general obligation bonds for which the full
1625faith and credit of the district is pledged. Except for
1626refunding bonds, no general obligation bonds shall be issued
1627unless the bonds are issued to finance or refinance a capital
1628project and the issuance has been approved at an election held
1629in accordance with the requirements for such election as
1630prescribed by the State Constitution. Such elections shall be
1631called to be held in the district by the Board of County
1632Commissioners of Charlotte County upon the request of the board
1633of the district. The expenses of calling and holding an election
1634shall be at the expense of the district, and the district shall
1635reimburse the county for any expenses incurred in calling or
1636holding such election.
1637     2.  The district may pledge its full faith and credit for
1638the payment of the principal and interest on such general
1639obligation bonds and for any reserve funds provided therefor and
1640may unconditionally and irrevocably pledge itself to levy ad
1641valorem taxes on all taxable property in the district, to the
1642extent necessary for the payment thereof, without limitation as
1643to rate or amount.
1644     3.  If the board determines to issue general obligation
1645bonds for more than one capital project, the approval of the
1646issuance of the bonds for each and all such projects may be
1647submitted to the electors on one and the same ballot. The
1648failure of the electors to approve the issuance of bonds for any
1649one or more capital projects shall not defeat the approval of
1650bonds for any capital project that has been approved by the
1651electors.
1652     4.  In arriving at the amount of general obligation bonds
1653permitted to be outstanding at any one time pursuant to
1654subparagraph 1., there shall not be included any general
1655obligation bonds that are additionally secured by the pledge of:
1656     a.  Any assessments levied in an amount sufficient to pay
1657the principal and interest on the general obligation bonds so
1658additionally secured, which assessments have been equalized and
1659confirmed by resolution of the board pursuant to this act or
1660section 170.08, Florida Statutes.
1661     b.  Water revenues, sewer revenues, or water and sewer
1662revenues of the district to be derived from user fees in an
1663amount sufficient to pay the principal and interest on the
1664general obligation bonds so additionally secured.
1665     c.  Any combination of assessments and revenues described
1666in sub-subparagraphs a. and b.
1667     (j)  Bonds as legal investment or security.--
1668     1.  Notwithstanding any provisions of any other law to the
1669contrary, all bonds issued under the provisions of this act
1670shall constitute legal investments for savings banks, banks,
1671trust companies, insurance companies, executors, administrators,
1672trustees, guardians, and other fiduciaries and for any board,
1673body, agency, instrumentality, county, municipality, or other
1674political subdivision of the state and shall be and constitute
1675security that may be deposited by banks or trust companies as
1676security for deposits of state, county, municipal, or other
1677public funds or by insurance companies as required or voluntary
1678statutory deposits.
1679     2.  Any bonds issued by the district shall be incontestable
1680in the hands of bona fide purchasers or holders for value and
1681shall not be invalid because of any irregularity or defect in
1682the proceedings for the issue and sale thereof.
1683     (k)  Covenants.--Any resolution authorizing the issuance of
1684bonds may contain such covenants as the board may deem
1685advisable, and all such covenants shall constitute valid and
1686legally binding and enforceable contracts between the district
1687and the bondholders, regardless of the time of issuance thereof.
1688Such covenants may include, without limitation, covenants
1689concerning the disposition of the bond proceeds; the use and
1690disposition of project revenues; the pledging of revenues,
1691taxes, and assessments; the obligations of the district with
1692respect to the operation of the project and the maintenance of
1693adequate project revenues; the issuance of additional bonds; the
1694appointment, powers, and duties of trustees and receivers; the
1695acquisition of outstanding bonds and obligations; restrictions
1696on the establishing of competing projects or facilities;
1697restrictions on the sale or disposal of the assets and property
1698of the district; the priority of assessment liens; the priority
1699of claims by bondholders on the taxing power of the district;
1700the maintenance of deposits to ensure the payment of revenues by
1701users of district facilities and services; the discontinuance of
1702district services by reason of delinquent payments; acceleration
1703upon default; the execution of. necessary instruments; the
1704procedure for amending or abrogating covenants with the
1705bondholders; and such other covenants as may be deemed necessary
1706or desirable for the security of the bondholders.
1707     (l)  Validation proceedings.--The power of the district to
1708issue bonds under the provisions of this act may be determined,
1709and any of the bonds of the district maturing over a period of
1710more than 5 years shall be validated and confirmed, by court
1711decree, under the provisions of chapter 75, Florida Statutes,
1712and laws amendatory thereof or supplementary thereto.
1713     (m)  Tax exemption.--To the extent allowed by general law,
1714all bonds issued hereunder and interest paid thereon and all
1715fees, charges, and other revenues derived by the district from
1716the projects provided by this act are exempt from all taxes by
1717the state or by any political subdivision, agency, or
1718instrumentality thereof; however, any interest, income, or
1719profits on debt obligations issued hereunder are not exempt from
1720the tax imposed by chapter 220, Florida Statutes. Further, the
1721district is not exempt from the provisions of chapter 212,
1722Florida Statutes.
1723     (n)  Application of section 189.4085, Florida
1724Statutes.--Bonds issued by the district shall meet the criteria
1725set forth in section 189.4085, Florida Statutes.
1726     (o)  Act furnishes full authority for issuance of
1727bonds.--This act constitutes full and complete authority for the
1728issuance of bonds and the exercise of the powers of the district
1729provided herein. No procedures or proceedings, publications,
1730notices, consents, approvals, orders, acts, or things by the
1731board, or any board, officer, commission, department, agency, or
1732instrumentality of the district, other than those required by
1733this act, shall be required to perform anything under this act,
1734except that the issuance or sale of bonds pursuant to the
1735provisions of this act shall comply with the general law
1736requirements applicable to the issuance or sale of bonds by the
1737district. Nothing in this act shall be construed to authorize
1738the district to utilize bond proceeds to fund the ongoing
1739operations of the district.
1740     (p)  Pledge by the state to the bondholders of the
1741district.--The state pledges to the holders of any bonds issued
1742under this act that it will not limit or alter the rights of the
1743district to own, acquire, construct, reconstruct, improve,
1744maintain, operate, or furnish the projects or to levy and
1745collect the taxes, assessments, rentals, rates, fees, and other
1746charges provided for herein and to fulfill the terms of any
1747agreement made with the holders of such bonds or other
1748obligations and that it will not in any way impair the rights or
1749remedies of such holders.
1750     (q)  Default; dissolution.--A default on the bonds or
1751obligations of the district shall not constitute a debt or
1752obligation of any local general purpose government or the state.
1753In the event of a default or dissolution of the district, no
1754local general-purpose government shall be required to assume the
1755property of the district, the debts of the district, or the
1756district's obligations to complete any infrastructure
1757improvements or provide services to the district.
1758     (11)  TRUST AGREEMENTS.--Any issue of bonds shall be
1759secured by a trust agreement by and between the district and a
1760corporate trustee or trustees, which may be any trust company or
1761bank having the powers of a trust company within or without the
1762state. The resolution authorizing the issuance of the bonds or
1763such trust agreement may pledge the revenues to be received from
1764any projects of the district and may contain such provisions for
1765protecting and enforcing the rights and remedies of the
1766bondholders as the board may approve, including, without
1767limitation, covenants setting forth the duties of the district
1768in relation to: the acquisition, construction, reconstruction,
1769improvement, maintenance, repair, operation, and insurance of
1770any projects; the fixing and revising of the rates, fees, and
1771charges; and the custody, safeguarding, and application of all
1772moneys and for the employment of consulting engineers in
1773connection with such acquisition, construction, reconstruction,
1774improvement, maintenance, repair, or operation. It shall be
1775lawful for any bank or trust company within or without the state
1776that may act as a depository of the proceeds of bonds or of
1777revenues to furnish such indemnifying bonds or to pledge such
1778securities as may be required by the district. Such resolution
1779or trust agreement may set forth the rights and remedies of the
1780bondholders and of the trustee, if any, and may restrict the
1781individual right of action by bondholders. The board may provide
1782for the payment of proceeds of the sale of the bonds and the
1783revenues of any project to such officer, board, or depository as
1784it may designate for the custody thereof and may provide for the
1785method of disbursement thereof with such safeguards and
1786restrictions as it may determine. All expenses incurred in
1787carrying out the provisions of such resolution or trust
1788agreement may be treated as part of the cost of operation of the
1789project to that such trust agreement pertains.
1790     (12)  AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL
1791ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL
1792ASSESSMENTS; MAINTENANCE TAXES.--
1793     (a)  Ad valorem taxes.--A board elected by and consisting
1794of qualified electors of the district shall have the power to
1795levy and assess an ad valorem tax on all the taxable property in
1796the district to construct, operate, and maintain assessable
1797improvements; to pay the principal of, and interest on, any
1798general obligation bonds of the district; and to provide for any
1799sinking or other funds established in connection with any such
1800bonds. An ad valorem tax levied by the board for operating
1801purposes, exclusive of debt service on bonds, shall not exceed
1802the maximum amount authorized by law. The ad valorem tax
1803provided for herein shall be in addition to county and all other
1804ad valorem taxes provided for by law. Such tax shall be
1805assessed, levied, and collected in the same manner and at the
1806same time as county taxes. The levy of ad valorem taxes must be
1807approved by referendum as required by Section 9 of Article VII
1808of the State Constitution.
1809     (b)  Benefit special assessments.--The board annually shall
1810determine, order, and levy the annual installment of the total
1811benefit special assessments for bonds issued and related
1812expenses to finance assessable improvements. These assessments
1813may be due and collected during each year that county taxes are
1814due and collected, in which case such annual installment and
1815levy shall be evidenced to and certified to the property
1816appraiser by the board not later than August 31 of each year.
1817Such assessment shall be entered by the property appraiser on
1818the county tax rolls and shall be collected and enforced by the
1819tax collector in the same manner and at the same time as county
1820taxes, and the proceeds thereof shall be paid to the district.
1821However, this subsection shall not prohibit the district in its
1822discretion from using the method prescribed in section 197.3632
1823or chapter 173, Florida Statutes, for collecting and enforcing
1824these assessments. Each annual installment of benefit special
1825assessments shall be a lien on the property against which
1826assessed until paid and shall be enforceable in like manner as
1827county taxes. The amount of the assessment for the exercise of
1828the district's powers under subsections (6) and (7) shall be
1829determined by the board based upon a report of the district's
1830engineer and assessed by the board upon such lands, which may be
1831part or all of the lands within the district benefited by the
1832improvement, apportioned between benefited lands in proportion
1833to the benefits received by each tract of land. The board may,
1834if it determines it is in the best interests of the district,
1835set forth in the proceedings initially levying such benefit
1836special assessments or in subsequent proceedings a formula for
1837the determination of an amount, which when paid by a taxpayer
1838with respect to any tax parcel, shall constitute a prepayment of
1839all future annual installments of such benefit special
1840assessments and that the payment of which amount with respect to
1841such tax parcel shall relieve and discharge such tax parcel of
1842the lien of such benefit special assessments and any subsequent
1843annual installment thereof. The board may provide further that
1844upon delinquency in the payment of any annual installment of
1845benefit special assessments, the prepayment amount of all future
1846annual installments of benefit special assessments as determined
1847in this paragraph shall be and become immediately due and
1848payable together with such delinquent annual installment.
1849     (c)  Non-ad valorem maintenance taxes.--If and when
1850authorized by general law, to maintain and preserve the physical
1851facilities and services constituting the works, improvements, or
1852infrastructure provided by the district pursuant to this act; to
1853repair and restore any one or more of them, when needed; and to
1854defray the current expenses of the district, including any sum
1855that may be required to pay state and county ad valorem taxes on
1856any lands that may have been purchased and that are held by the
1857district under the provisions of this act, the governing board
1858may, upon the completion of said systems, facilities, services,
1859works, improvements, or infrastructure, in whole or in part, as
1860may be certified to the board by the engineer of the board, levy
1861annually a non-ad valorem and nonmillage tax upon each tract or
1862parcel of land within the district, to be known as a
1863"maintenance tax." This non-ad valorem maintenance tax shall be
1864apportioned upon the basis of the net assessments of benefits
1865assessed as accruing from the original construction and shall be
1866evidenced to and certified by the governing board of the
1867district not later than June 1 of each year to the property
1868appraiser of Charlotte County and shall be extended by the
1869property appraiser on the tax roll of the property appraiser, as
1870certified by the property appraiser to the tax collector, and
1871collected by the tax collector on the merged collection roll of
1872the tax collector in the same manner and at the same time as
1873county ad valorem taxes, and the proceeds therefrom shall be
1874paid to the district. This non-ad valorem maintenance tax shall
1875be a lien until paid on the property against which assessed and
1876enforceable in like manner and of the same dignity as county ad
1877valorem taxes.
1878     (d)  Maintenance special assessments.--To maintain and
1879preserve the facilities and projects of the district, the board
1880may levy a maintenance special assessment. This assessment may
1881be evidenced to and certified to the property appraiser by the
1882governing board not later than August 31 of each year and shall
1883be entered by the property appraiser on the county tax rolls and
1884shall be collected and enforced by the tax collector in the.
1885same manner and at the same time as county taxes, and the
1886proceeds therefrom shall be paid to the district. However, this
1887subsection shall not prohibit the district in its discretion
1888from using the method prescribed in section 197.363, section
1889197.3631, or section 197.3632, Florida Statutes, for collecting
1890and enforcing these assessments. These maintenance special
1891assessments shall be a lien on the property against which
1892assessed until paid and shall be enforceable in like manner as
1893county taxes. The amount of the maintenance special assessment
1894for the exercise of the district's powers under this section
1895shall be determined by the board based upon a report of the
1896district's engineer and assessed by the board upon such lands,
1897which may be all of the lands within the district benefited by
1898the maintenance thereof, apportioned between the benefited lands
1899in proportion to the benefits received by each tract of land.
1900     (e)  Special assessments.--To levy and impose any special
1901assessments pursuant to this subsection.
1902     (f)  Enforcement of taxes.--The collection and enforcement
1903of all taxes levied by the district shall be at the same time
1904and in like manner as county taxes, and the provisions of
1905general law relating to the sale of lands for unpaid and
1906delinquent county taxes; the issuance, sale, and delivery of tax
1907certificates for such unpaid and delinquent county taxes; the
1908redemption thereof; the issuance to individuals of tax deeds
1909based thereon; and all other procedures in connection therewith
1910shall be applicable to the district to the same extent as if
1911such statutory provisions were expressly set forth herein. All
1912taxes shall be subject to the same discounts as county taxes.
1913     (g)  When unpaid tax is delinquent; penalty.--All taxes
1914provided for in this act shall become delinquent and bear
1915penalties on the amount of such taxes in the same manner as
1916county taxes.
1917     (h)  Status of assessments.--Benefit special assessments,
1918maintenance special assessments, and special assessments are
1919hereby found and determined to be non-ad valorem assessments as
1920defined by section 197.3632, Florida Statutes. Maintenance taxes
1921are non-ad valorem taxes and are not special assessments.
1922     (i)  Assessments constitute liens; collection.--Any and all
1923assessments, including special assessments, benefit special
1924assessments, and maintenance special assessments authorized by
1925this section, and including special assessments as defined in
1926this act and granted and authorized by this subsection, and
1927including maintenance taxes if authorized by general law, shall
1928constitute a lien on the property against which assessed from
1929the date of levy and imposition thereof until paid, coequal with
1930the lien of state, county, municipal, and school board taxes.
1931These assessments may be collected, at the district's
1932discretion, under authority of section 197.3631, Florida
1933Statutes, by the tax collector pursuant to the provisions of
1934sections 197.3632 and 197.3635, Florida Statutes, or in
1935accordance with other collection measures provided by law. In
1936addition to, and not in limitation of, any powers otherwise set
1937forth herein or in general law, these assessments may also be
1938enforced pursuant to the provisions of chapter 173, Florida
1939Statutes.
1940     (j)  Land owned by governmental entity.--Except as
1941otherwise provided by law, no levy of ad valorem taxes or non-ad
1942valorem assessments under this act, chapter 170, or chapter 197,
1943Florida Statutes, or otherwise, by a board of a district, on
1944property of a governmental entity that is subject to a ground
1945lease as described in section 190.003(13), Florida Statutes,
1946shall constitute a lien or encumbrance on the underlying fee
1947interest of such governmental entity.
1948     (13)  SPECIAL ASSESSMENTS.--
1949     (a)  As an alternative method to the levy and imposition of
1950special assessments pursuant to chapter 170, Florida Statutes,
1951pursuant to the authority of section 197.3631, Florida Statutes,
1952or pursuant to other provisions of general law, now or hereafter
1953enacted, which provide a supplemental means or authority to
1954impose, levy, and collect special assessments as otherwise
1955authorized under this act, the board may levy and impose special
1956assessments to finance the exercise of any of its powers
1957permitted under this act using the following uniform procedures:
1958     1.  At a noticed meeting, the governing board of the
1959district may consider and review an engineer's report on the
1960costs of the systems, facilities, and services to be provided, a
1961preliminary assessment methodology, and a preliminary roll based
1962on acreage or platted lands, depending upon whether platting has
1963occurred.
1964     a.  The assessment methodology shall address and discuss
1965and the board shall consider whether the systems, facilities,
1966and services being contemplated will result in special benefits
1967peculiar to the property, different in kind and degree than
1968general benefits, as a logical connection between the systems,
1969facilities, and services themselves and the property, and
1970whether the duty to pay the assessments by the property owners
1971is apportioned in a manner that is fair and equitable and not in
1972excess of the special benefit received. It shall be fair and
1973equitable to designate a fixed proportion of the annual debt
1974service, together with interest thereon, on the aggregate
1975principal amount of bonds issued to finance such systems,
1976facilities, and services that give rise to unique, special, and
1977peculiar benefits to property of the same or similar
1978characteristics under the assessment methodology so long as such
1979fixed proportion does not exceed the unique, special, and
1980peculiar benefits enjoyed by such property from such systems,
1981facilities, and services.
1982     b.  The engineer's cost report shall identify the nature of
1983the proposed systems, facilities, and services, their location,
1984a cost breakdown plus a total estimated cost, including cost of
1985construction or reconstruction, labor, and materials, lands,
1986property, rights, easements, franchises, or systems, facilities,
1987and services to be acquired, cost of plans and specifications,
1988surveys of estimates of costs and revenues, costs of
1989engineering, legal, and other professional consultation
1990services, and other expenses or costs necessary or incident to
1991determining the feasibility or practicability of such
1992construction, reconstruction, or acquisition, administrative
1993expenses, relationship to the authority and power of the
1994district in its charter, and such other expenses or costs as may
1995be necessary or incident to the financing to be authorized by
1996the governing board.
1997     c.  The preliminary assessment roll to be prepared will be
1998in accordance with the method of assessment provided for in the
1999assessment methodology and as may be adopted by the governing
2000board; the assessment roll shall be completed as promptly as
2001possible and shall show the acreage, lots, lands, or plats
2002assessed and the amount of the fairly and reasonably apportioned
2003assessment based on special and peculiar benefit to the
2004property, lot, parcel, or acreage of land; and, if the
2005assessment against each such lot, parcel, acreage, or portion of
2006land is to be paid in installments, the number of annual
2007installments in which the assessment is divided shall be entered
2008into and shown upon the assessment roll.
2009     2.  The governing board of the district may determine and
2010declare by an initial assessment resolution to levy and assess
2011the assessments with respect to assessable improvements stating
2012the nature of the systems, facilities, and services,
2013improvements, projects, or infrastructure constituting such
2014assessable improvements, the information in the engineer's cost
2015report, the information in the assessment methodology as
2016determined by the board at the noticed meeting and referencing
2017and incorporating as part of the resolution the engineer's cost
2018report, the preliminary assessment methodology, and the
2019preliminary assessment roll as referenced exhibits to the
2020resolution by reference. If the board determines to declare and
2021levy the special assessments by the initial assessment
2022resolution, the board shall also adopt and declare a notice
2023resolution that shall provide and cause the initial assessment
2024resolution to be published once a week for a period of 2 weeks
2025in a newspaper of general circulation published in Charlotte
2026County and said board shall by the same resolution fix a time
2027and place at which the owner or owners of the property to be
2028assessed or any other persons interested therein may appear
2029before said board and be heard as to the propriety and
2030advisability of making such improvements, as to the costs
2031thereof, as to the manner of payment therefor, and as to the
2032amount thereof to be assessed against each property so improved.
2033Thirty days' notice in writing of such time and place shall be
2034given to such property owners. The notice shall include the
2035amount of the assessment and shall be served by mailing a copy
2036to each assessed property owner at his or her last known
2037address, the names and addresses of such property owners to be
2038obtained from the record of the property appraiser of the county
2039political subdivision in which the land is located or from such
2040other sources as the district manager or engineer deems
2041reliable, and proof of such mailing shall be made by the
2042affidavit of the manager of the district or by the engineer,
2043said proof to be filed with the district manager, provided that
2044failure to mail said notice or notices shall not invalidate any
2045of the proceedings hereunder. It is provided further that the
2046last publication shall be at least 1 week prior to the date of
2047the hearing on the final assessment resolution. Said notice
2048shall describe the general areas to be improved and advise all
2049persons interested that the description of each property to be
2050assessed and the amount to be assessed to each piece, parcel,
2051lot, or acre of property may be ascertained at the office of the
2052manager of the district. Such service by publication shall be
2053verified by the affidavit of the publisher and filed with the
2054manager of the district. Moreover, the initial assessment
2055resolution with its attached, referenced, and incorporated
2056engineer's cost report, preliminary assessment methodology, and
2057preliminary assessment roll, along with the notice resolution,
2058shall be available for public inspection at the office of the
2059manager and the office of the engineer or any other office
2060designated by the governing board in the notice resolution.
2061Notwithstanding the foregoing, the landowners of all of the
2062property that is proposed to be assessed may give the district
2063written notice of waiver of any notice and publication provided
2064for in this subparagraph and such notice and publication shall
2065not be required, provided, however, that any meeting of the
2066governing board to consider such resolution shall be a publicly
2067noticed meeting.
2068     3.  At the time and place named in the noticed resolution
2069as provided for in subparagraph 2., the governing board of the
2070district shall meet and hear testimony from affected property
2071owners as to the propriety and advisability of making the
2072systems, facilities, services, projects, works, improvements, or
2073infrastructure and funding them with assessments referenced in
2074the initial assessment resolution on the property. Following the
2075testimony and questions from the members of the board or any
2076professional advisors to the district of the preparers of the
2077engineer's cost report, the assessment methodology, and the
2078assessment roll, the governing board shall make a final decision
2079on whether to levy and assess the particular assessments.
2080Thereafter, the governing board shall meet as an equalizing
2081board to hear and to consider any and all complaints as to the
2082particular assessments and shall adjust and equalize the
2083assessments on the basis of justice and right.
2084     4.  When so equalized and approved by resolution or
2085ordinance by the governing board, to be called the final
2086assessment resolution, a final assessment roll shall be filed
2087with the clerk of the board and such assessment shall stand
2088confirmed and remain legal, valid, and binding first liens on
2089the property against which such assessments are made until paid,
2090equal in dignity to the first liens of ad valorem taxation of
2091county and municipal governments and school boards. However,
2092upon completion of the systems, facilities, service, project,
2093improvement, works, or infrastructure, the district shall credit
2094to each of the assessments the difference in the assessment as
2095originally made, approved, levied, assessed, and confirmed and
2096the proportionate part of the actual cost of the improvement to
2097be paid by the particular special assessments as finally
2098determined upon the completion of the improvement; but in no
2099event shall the final assessment exceed the amount of the
2100special and peculiar benefits as apportioned fairly and
2101reasonably to the property from the system, facility, or service
2102being provided as originally assessed. Promptly after such
2103confirmation, the assessment shall be recorded by the clerk of
2104the district in the minutes of the proceedings of the district,
2105and the record of the lien in this set of minutes shall
2106constitute prima facie evidence of its validity. The governing
2107board, in its sole discretion, may, by resolution, grant a
2108discount equal to all or a part of the payee's proportionate
2109share of the cost of the project consisting of bond financing
2110cost, such as capitalized interest, funded reserves, and bond
2111discounts included in the estimated cost of the project, upon
2112payment in full of any assessments during such period prior to
2113the time such financing costs are incurred as may be specified
2114by the governing board in such resolution.
2115     5.  District assessments may be made payable in
2116installments over no more than 30 years from the date of the
2117payment of the first installment thereof and may bear interest
2118at fixed or variable rates.
2119     (b)  Notwithstanding any provision of this act or of
2120chapter 170 or section 170.09, Florida Statutes, which provide
2121that assessments may be paid without interest at any time within
212230 days after the improvement is completed and a resolution
2123accepting the same has been adopted by the governing authority,
2124such provision shall not be applicable to any district
2125assessments, whether imposed, levied, and collected pursuant to
2126the provisions of this act or other provisions of general law,
2127including, but not limited to, chapter 170, Florida Statutes.
2128     (c)  In addition, the district is authorized expressly in
2129the exercise of its rulemaking power to adopt a rule or rules
2130that provide for notice, levy, imposition, equalization, and
2131collection of assessments.
2132     (14)  ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON
2133ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS.--
2134     (a)  The board may, after any special assessments or
2135benefit special assessments for assessable improvements are
2136made, determined, and confirmed as provided in this act, issue
2137certificates of indebtedness for the amount so assessed against
2138the abutting property or property otherwise benefited, as the
2139case may be, and separate certificates shall be issued against
2140each part or parcel of land or property assessed, which
2141certificates shall state the general nature of the improvement
2142for which the assessment is made. The certificates shall be
2143payable in annual installments in accordance with the
2144installments of the special assessment for which they are
2145issued. The board may determine the interest to be borne by such
2146certificates, not to exceed the maximum rate allowed by general
2147law, and may sell such certificates at either private or public
2148sale and determine the form, manner of execution, and other
2149details of such certificates. The certificates shall recite that
2150they are payable only from the special assessments levied and
2151collected from the part or parcel of land or property against
2152which they are issued. The proceeds of such certificates may be
2153pledged for the payment of principal of and interest on any
2154revenue bonds or general obligation bonds issued to finance in
2155whole or in part such assessable improvement, or, if not so
2156pledged, may be used to pay the cost or part of the cost of such
2157assessable improvements.
2158     (b)  The district may also issue assessment bonds, revenue
2159bonds, or other obligations payable from a special fund into
2160which such certificates of indebtedness referred to in the
2161preceding subsection may be deposited or, if such certificates
2162of indebtedness have not been issued, the district may assign to
2163such special fund for the benefit of the holders of such
2164assessment bonds or other obligations, or to a trustee for such
2165bondholders, the assessment liens provided for in this act
2166unless such certificates of indebtedness or assessment liens
2167have been theretofore pledged for any bonds or other obligations
2168authorized hereunder. In the event of the creation of such
2169special fund and the issuance of such assessment bonds or other
2170obligations, the proceeds of such certificates of indebtedness
2171or assessment liens deposited therein shall be used only for the
2172payment of the assessment bonds or other obligations issued as
2173provided in this section. The district is authorized to covenant
2174with the holders of such assessment bonds, revenue bonds, or
2175other obligations that it will diligently and faithfully enforce
2176and collect all the special assessments, and interest and
2177penalties thereon, for which such certificates of indebtedness
2178or assessment liens have been deposited in or assigned to such
2179fund; to foreclose such assessment liens so assigned to such
2180special fund or represented by the certificates of indebtedness
2181deposited in the special fund, after such assessment liens have
2182become delinquent, and deposit the proceeds derived from such
2183foreclosure, including interest and penalties, in such special
2184fund; and to make any other covenants deemed necessary or
2185advisable in order to properly secure the holders of such
2186assessment bonds or other obligations.
2187     (c)  The assessment bonds, revenue bonds, or other
2188obligations issued pursuant to this section shall have such
2189dates of issue and maturity as shall be deemed advisable by the
2190board; however, the maturities of such assessment bonds or other
2191obligations shall not be more than 2 years after the due date of
2192the last installment that will be payable on any of the special
2193assessments for which such assessment liens, or the certificates
2194of indebtedness representing such assessment liens, are assigned
2195to or deposited in such special fund.
2196     (d)  Such assessment bonds, revenue bonds, or other
2197obligations issued under this section shall bear such interest
2198as the board may determine, not to exceed the maximum rate
2199allowed by general law, and shall be executed, shall have such
2200provisions for redemption prior to maturity, shall be sold in
2201the manner, and shall be subject to all of the applicable
2202provisions contained in this act for revenue bonds, except as
2203the same may be inconsistent with the provisions of this
2204section.
2205     (e)  All assessment bonds, revenue bonds, or other
2206obligations issued under the provisions of this section shall
2207be, shall constitute, and shall have all the qualities and
2208incidents of negotiable instruments under the law merchant and
2209the laws of the state.
2210     (15)  TAX LIENS.--All taxes of the district provided for in
2211this act, except together with all penalties for default in the
2212payment of the same and all costs in collecting the same,
2213including a reasonable attorney's fee fixed by the court and
2214taxed as a cost in the action brought to enforce payment, shall,
2215from January 1 for each year the property is liable to
2216assessment and until paid, constitute a lien of equal dignity
2217with the liens for state and county taxes and other taxes of
2218equal dignity with state and county taxes upon all the lands
2219against which such taxes shall be levied. A sale of any of the
2220real property within the district for state and county or other
2221taxes shall not operate to relieve or release the property so
2222sold from the lien for subsequent district taxes or installments
2223of district taxes, which lien may be enforced against such
2224property as though no such sale thereof had been made. In
2225addition to, and not in limitation of, the preceding, for
2226purposes of section 197.552, Florida Statutes, the lien of all
2227special assessments levied by the district shall constitute a
2228lien of record held by a municipal or county governmental unit.
2229The provisions of sections 194.171, 197.122, 197.333, and
2230197.432, Florida Statutes, shall be applicable to district taxes
2231with the same force and effect as if such provisions were
2232expressly set forth in this act.
2233     (16)  PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY THE
2234DISTRICT; SHARING IN PROCEEDS OF TAX SALE.--
2235     (a)  The district shall have the power and right to:
2236     1.  Pay any delinquent state, county, district, municipal,
2237or other tax or assessment upon lands located wholly or
2238partially within the boundaries of the district.
2239     2.  Redeem or purchase any tax sales certificates issued or
2240sold on account of any state, county, district, municipal, or
2241other taxes or assessments upon lands located wholly or
2242partially within the boundaries of the district.
2243     (b)  Delinquent taxes paid, or tax sales certificates
2244redeemed or purchased, by the district, together with all
2245penalties for the default in payment of the same and all costs
2246in collecting the same and a reasonable attorney's fee, shall
2247constitute a lien in favor of the district of equal dignity with
2248the liens of state and county taxes and other taxes of equal
2249dignity with state and county taxes upon all the real property
2250against which the taxes were levied. The lien of the district
2251may be foreclosed in the manner provided in this act.
2252     (c)  In any sale of land pursuant to section 197.542,
2253Florida Statutes, the district may certify to the clerk of the
2254circuit court of the county holding such sale the amount of
2255taxes due to the district upon the lands sought to be sold, and
2256the district shall share in the disbursement of the sales
2257proceeds in accordance with the provisions of this act and under
2258the laws of the state.
2259     (17)  FORECLOSURE OF LIENS.--Any lien in favor of the
2260district arising under this act may be foreclosed by the
2261district by foreclosure proceedings in the name of the district
2262in a court of competent jurisdiction as provided by general law
2263in a like manner as provided in chapter 173, Florida Statutes,
2264and the provisions of that chapter shall be applicable to such
2265proceedings with the same force and effect as if those
2266provisions were expressly set forth in this act. Any act
2267required or authorized to be done by or on behalf of a
2268municipality in foreclosure proceedings under chapter 173,
2269Florida Statutes, may be performed by such officer or agent of
2270the district as the governing board may designate. Such
2271foreclosure proceedings may be brought at any time after the
2272expiration of 1 year from the date any tax, or installment
2273thereof, becomes delinquent; however, no lien shall be
2274foreclosed against any political subdivision or agency of the
2275state. Other legal remedies shall remain available.
2276     (18)  MANDATORY USE OF CERTAIN DISTRICT SYSTEMS,
2277FACILITIES, AND SERVICES.--To the full extent permitted by law,
2278the district shall require all lands, buildings, premises,
2279persons, firms, and corporations within the district to use the
2280water management and control facilities and water and sewer
2281facilities of the district.
2282     (19)  COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS; RELATED
2283PROVISIONS REQUIRED.--
2284     (a)  No contract shall be let by the board for any goods,
2285supplies, or materials to be purchased when the amount thereof
2286to be paid by the district shall exceed the amount provided in
2287section 287.017, Florida Statutes, for category four, unless
2288notice of bids shall be advertised once in a newspaper in
2289general circulation in Charlotte County. Any board seeking to
2290construct or improve a public building, structure, or other
2291public works shall comply with the bidding procedures of section
2292255.20, Florida Statutes, and other applicable general law. In
2293each case, the bid of the lowest responsive and responsible
2294bidder shall be accepted unless all bids are rejected because
2295the bids are too high or the board determines it is in the best
2296interests of the district to reject all bids. The board may
2297require the bidders to furnish bond with a responsible surety to
2298be approved by the board. Nothing in this section shall prevent
2299the board from undertaking and performing the construction,
2300operation, and maintenance of any project or facility authorized
2301by this act by the employment of labor, material, and machinery.
2302     (b)  The provisions of the Consultants' Competitive
2303Negotiation Act, section 287.055, Florida Statutes, apply to
2304contracts for engineering, architecture, landscape architecture,
2305or registered surveying and mapping services let by the board.
2306     (c)  Contracts for maintenance services for any district
2307facility or project shall be subject to competitive bidding
2308requirements when the amount thereof to be paid by the district
2309exceeds the amount provided in section 287.017, Florida
2310Statutes, for category four. The district shall adopt rules,
2311policies, or procedures establishing competitive bidding
2312procedures for maintenance services. Contracts for other
2313services shall not be subject to competitive bidding unless the
2314district adopts a rule, policy, or procedure applying
2315competitive bidding procedures to said contracts. Nothing herein
2316shall preclude the use of requests for proposal instead of
2317invitations to bid as determined by the district to be in its
2318best interest.
2319     (20)  FEES, RENTALS, AND CHARGES; PROCEDURE FOR ADOPTION
2320AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS.--
2321     (a)  The district is authorized to prescribe, fix,
2322establish, and collect rates, fees, rentals, or other charges,
2323hereinafter sometimes referred to as "revenues," and to revise
2324the same from time to time, for the systems, facilities, and
2325services furnished by the district, within the limits of the
2326district, including, but not limited to, recreational
2327facilities, water management and control facilities, water,
2328sewer, and reuse systems, and solid waste collection and
2329disposal; to recover the costs of making connection with any
2330district service, facility, or system; and to provide for
2331reasonable penalties against any user or property for any such
2332rates, fees, rentals, or other charges that are delinquent.
2333     (b)  No such rates, fees, rentals, or other charges for any
2334of the facilities or services of the district shall be fixed
2335until after a public hearing at which all the users of the
2336proposed facility or services or owners, tenants, or occupants
2337served or to be served thereby and all other interested persons
2338shall have an opportunity to be heard concerning the proposed
2339rates, fees, rentals, or other charges. Rates, fees, rentals,
2340and other charges shall be adopted under the administrative
2341rulemaking authority of the district, but shall not apply to
2342district leases. Notice of such public hearing setting forth the
2343proposed schedule or schedules of rates, fees, rentals, and
2344other charges shall have been published in a newspaper of
2345general circulation in Charlotte County at least once and at
2346least 10 days prior to such public hearing. The rulemaking
2347hearing may be adjourned from time to time. After such hearing,
2348such schedule or schedules, either as initially proposed or as
2349modified or amended, may be finally adopted. A copy of the
2350schedule or schedules of such rates, fees, rentals, or charges
2351as finally adopted shall be kept on file in an office designated
2352by the board and shall be open at all reasonable times to public
2353inspection. The rates, fees, rentals, or charges so fixed for
2354any class of users or property served shall be extended to cover
2355any additional users or properties thereafter served that shall
2356fall in the same class, without the necessity of any notice or
2357hearing.
2358     (c)  Such rates, fees, rentals, and charges shall be just
2359and equitable and uniform for users of the same class, and when
2360appropriate may be based or computed either upon the amount of
2361service furnished, upon the average number of persons residing
2362or working in or otherwise occupying the premises served, or
2363upon any other factor affecting the use of the facilities
2364furnished, or upon any combination of the foregoing factors, as
2365may be determined by the board on an equitable basis.
2366     (d)  The rates, fees, rentals, or other charges prescribed
2367shall be such as will produce revenues, together with any other
2368assessments, taxes, revenues, or funds available or pledged for
2369such purpose, at least sufficient to provide for the items
2370hereinafter listed, but not necessarily in the order stated:
2371     1.  To provide for all expenses of operation and
2372maintenance of such facility or service.
2373     2.  To pay when due all bonds and interest thereon for the
2374payment of which such revenues are, or shall have been, pledged
2375or encumbered, including reserves for such purpose.
2376     3.  To provide for any other funds that may be required
2377under the resolution or resolutions authorizing the issuance of
2378bonds pursuant to this act.
2379     (e)  The board shall have the power to enter into contracts
2380for the use of the projects of the district and with respect to
2381the services, systems, and facilities furnished or to be
2382furnished by the district.
2383     (21)  RECOVERY OF DELINQUENT CHARGES.--In the event that
2384any rates, fees, rentals, charges, or delinquent penalties shall
2385not be paid as and when due and shall be in default for 60 days
2386or more, the unpaid balance thereof and all interest accrued
2387thereon, together with reasonable attorney's fees and costs, may
2388be recovered by the district in a civil action.
2389     (22)  DISCONTINUANCE OF SERVICE.--In the event the fees,
2390rentals, or other charges for water and sewer services, or
2391either of them, are not paid when due, the board shall have the
2392power, under such reasonable rules and regulations as the board
2393may adopt, to discontinue and shut off both water and sewer
2394services until such fees, rentals, or other charges, including
2395interest, penalties, and charges for the shutting off and
2396discontinuance and the restoration of such water and sewer
2397services or both, are fully paid; and, for such purposes, the
2398board may enter on any lands, waters, or premises of any person,
2399firm, corporation, or body, public or private, within the
2400district limits. Such delinquent fees, rentals, or other
2401charges, together with interest, penalties, and charges for the
2402shutting off and discontinuance and the restoration of such
2403services and facilities and reasonable attorney's fees and other
2404expenses, may be recovered by the district, which may also
2405enforce payment of such delinquent fees, rentals, or other
2406charges by any other lawful method of enforcement.
2407     (23)  ENFORCEMENT AND PENALTIES.--The board or any
2408aggrieved person may have recourse to such remedies in law and
2409at equity as may be necessary to ensure compliance with the
2410provisions of this act, including injunctive relief to enjoin or
2411restrain any person violating the provisions of this act or any
2412bylaws, resolutions, regulations, rules, codes, or orders
2413adopted under this act. In case any building or structure is
2414erected, constructed, reconstructed, altered, repaired,
2415converted, or maintained, or any building, structure, land, or
2416water is used, in violation of this act or of any code, order,
2417resolution, or other regulation made under authority conferred
2418by this act or under law, the board or any citizen residing in
2419the district may institute any appropriate action or proceeding
2420to prevent such unlawful erection, construction, reconstruction,
2421alteration, repair, conversion, maintenance, or use; to
2422restrain, correct, or avoid such violation; to prevent the
2423occupancy of such building, structure, land, or water; and to
2424prevent any illegal act, conduct, business, or use in or about
2425such premises, land, or water.
2426     (24)  SUITS AGAINST THE DISTRICT.--Any suit or action
2427brought or maintained against the district for damages arising
2428out of tort, including, without limitation, any claim arising
2429upon account of an act causing an injury or loss of property,
2430personal injury, or death, shall be subject to the limitations
2431provided in section 768.28, Florida Statutes.
2432     (25)  EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION.--All
2433district property shall be exempt from levy and sale by virtue
2434of an execution, and no execution or other judicial process
2435shall issue against such property, nor shall any judgment
2436against the district be a charge or lien on its property or
2437revenues; however, nothing contained herein shall apply to or
2438limit the rights of bondholders to pursue any remedy for the
2439enforcement of any lien or pledge given by the district in
2440connection with any of the bonds or obligations of the district.
2441     (26)  TERMINATION, CONTRACTION, OR EXPANSION OF DISTRICT.--
2442     (a)  The board may ask the Legislature through its local
2443legislative delegations in and for Charlotte County to amend
2444this act to contract, to expand or to contract, and to expand
2445the boundaries of the district by amendment of this section.
2446     (b)  The district shall remain in existence until:
2447     1.  The district is terminated and dissolved pursuant to
2448amendment to this act by the Legislature.
2449     2.  The district has become inactive pursuant to section
2450189.4044, Florida Statutes.
2451     (27)  INCLUSION OF TERRITORY.--The inclusion of any or all
2452territory of the district within a municipality does not change,
2453alter, or affect the boundary, territory, existence, or
2454jurisdiction of the district.
2455     (28)  SALE OF REAL ESTATE WITHIN THE DISTRICT; REQUIRED
2456DISCLOSURE TO PURCHASER.--Subsequent to the creation of this
2457district under this act, each contract for the initial sale of a
2458parcel of real property and each contract for the initial sale
2459of a residential unit within the district shall include,
2460immediately prior to the space reserved in the contract for the
2461signature of the purchaser, the following disclosure statement
2462in boldfaced and conspicuous type that is larger than the type
2463in the remaining text of the contract: "THE BABCOCK RANCH
2464COMMUNITY INDEPENDENT SPECIAL DISTRICT MAY IMPOSE AND LEVY TAXES
2465OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY.
2466THESE TAXES AND ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION,
2467AND MAINTENANCE COSTS OF CERTAIN PUBLIC SYSTEMS, FACILITIES, AND
2468SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING
2469BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN
2470ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND
2471ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY
2472LAW."
2473     (29)  NOTICE OF CREATION AND ESTABLISHMENT.--Within 30 days
2474after the election of the first governing board of the district,
2475the district shall cause to be recorded in the grantor-grantee
2476index of the property records in the county in which it is
2477located a "Notice of Creation and Establishment of the Babcock
2478Ranch Community Independent Special District." The notice shall,
2479at a minimum, include the legal description of the property
2480covered by this act.
2481     (30)  DISTRICT PROPERTY PUBLIC; FEES.--Any system,
2482facility, service, works, improvement, project, or other
2483infrastructure owned by the district, or funded by federal tax
2484exempt bonding issued by the district, is public; and the
2485district by rule may regulate, and may impose reasonable charges
2486or fees for, the use thereof but not to the extent that such
2487regulation or imposition of such charges or fees constitutes
2488denial of reasonable access.
2489     Section 7.  If any provision of this act is determined
2490unconstitutional or otherwise determined invalid by a court of
2491law, all the rest and remainder of the act shall remain in full
2492force and effect as the law of this state.
2493     Section 8.  In the election provided for in section 9, each
2494landowner present in person or by proxy shall be entitled to
2495cast one vote for each assessible acre or fraction of an acre of
2496land owned by him or her and located within the district.
2497     Section 9.  This section and section 8 shall take effect
2498upon this act becoming law, and the remaining sections shall
2499take effect upon approval by a majority vote of the owners of
2500land within the district who are not exempt from ad valorem
2501taxes or non-ad valorem assessments and who are present in
2502person or by proxy at a landowners' meeting to be held within 90
2503days after the effective date of this act. Such landowners'
2504meeting shall be noticed as provided in section 5 for the
2505initial landowners' meeting and may be combined with such
2506meeting. However, the provisions of this act that authorize the
2507levy of ad valorem taxation and issuance of general obligation
2508bonds shall take effect only upon express approval by a majority
2509vote of those qualified electors of the Babcock Ranch Community
2510Independent Special District voting in a referendum election
2511held at such time as all members of the board are qualified
2512electors who are elected by qualified electors of the district
2513as provided in this act.


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